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 .
DETAILED ACTION
2. This action is responsive to the Application filed on 10/25/2024. A filing date 10/25/2024 is acknowledged. 18927039 is a Continuation of PCT/KR2024/015216 with filing date 10/7/2024. The sought benefit of KR application 10-2023-0170031 (which was filed on 11/29/2023) is acknowledged. Claims 1-20 are pending in this application. Claims 1, 13 are independent claims.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
3. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Dongheon Lee et al (US Publication 20250099028 A1, hereinafter Lee), and in view of Juyoun Lee et al (US Publication 20210239337 A1, hereinafter Lee1).
As for independent claim 1, Lee discloses: An air conditioner ([0033], he AI-based non-contact sleep analysis method according to the present invention for achieving the object includes at least one of an air conditioner) comprising: a detection sensor (Fig. 12 and [0065], a second sensor unit for detecting whether a user is located in a preset area); an air conditioning module including at least one heat pump ([0174], heating/air conditioning unit that can control temperature); a memory storing at least one instruction; and at least one processor, comprising processing circuitry, individually and/or collectively, configured to execute the at least one instruction and to cause the air conditioner to: identify a location of a user in a target space using a sensor detection value of the detection sensor (Fig. 12 and [0065], a second sensor unit for detecting whether a user is located in a preset area), enter a sleep mode comprising a sleep initiation mode, a deep-sleep mode, and a wake-up mode ([0165], sleep state information related to whether the user is before sleeping, during sleeping, or after sleeping may be acquired through environment sensing information acquired in relation to the user's activity; [0184], the environment adjustment device (30) is placed and specific product of the environment adjustment device (30), whether it is activated according to the sleep state information (bedtime, entering sleep, sleeping, before waking up, waking up, after waking up), and the exemplary operations in the sleep mode and the wake mode are described), in the sleep initiation mode, control the air conditioning module to blow a direct airflow to the user based on the location of the user [during a first time section] ([0172], adjust the user's sleep environment by operating the environment adjustment module regarding at least one of air quality, illumination, temperature, wind direction, humidity, and sound of a space in which the user is located based on environment adjustment information received from the computing device; [0475], The processor (130) may determine a time to induce sleep based on the time the user wishes to sleep from the user terminal (10). For example, the processor (130) may determine the sleep induction point as 20 minutes before the time the user wishes to sleep based on the time the user wishes to sleep. As a specific example, if the user's set time to sleep is 11:00, the processor (130) may determine 10:40 as the sleep induction time; [0529], an air conditioner to a preset intensity such as direct wind), in the deep-sleep mode, control the air conditioning module to blow an indirect airflow to the user based on the location of the user ([0529], switching from direct wind to indirect wind; [0548], adjusting air quality according to a change in the user's sleep stage during sleep. For example, when changing from light sleep to deep sleep; [0620], if the environment adjustment device (30) is an air conditioner, it may include information such as changing the air volume to a certain intensity or lowering flow rate to a certain intensity or lower, switching from direct wind to indirect wind or no wind), and in the wake-up mode, control the air conditioning module to blow a direct airflow to the user based on the location of the user [during a second time section] ([1072], The air purifier (700″) may control at least one of blowing intensity, noise level, and alarm).
Lee discloses adjusting air conditioner’s operation in a predetermined time period but does not expressly disclose adjusting the air volume based on a time section, in an analogous art of automatically adjust air conditioner operation based on sleep mode, Lee1 discloses: control the air conditioning module to blow a direct airflow to the user based on the location of the user during a first time section … during a second time section (Lee1: Abstract, control the air volume controller to operate the air conditioner based on the second temperature based on an operation time period of the air conditioner);
Lee and Lee1 are analogous arts because they are in the same field of endeavor, automatically adjust air conditioner operation based on sleep mode. Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention, to modify the invention of Lee using the teachings of Lee1 to include controlling the air volume controller to operate the air conditioner based on an operation time period of the air conditioner. It would provide Lee’s device with enhanced capabilities of controlling the air conditioner better fit for user’s sleep stage so user’s experience is improved.
As for claim 2, Lee-Lee1 discloses: in the deep-sleep mode, based on a distance between the air conditioner and the user being less than or equal to a first reference distance (Lee1: [0109], a place corresponding to the position of the person (e.g., a place corresponding to an angle of −8° and a distance of 2.7 m)), control the air conditioning module to blow an upward airflow, and based on the distance between the air conditioner and the user being greater than the first reference distance (Lee1: [0109], a place corresponding to the position of the person (e.g., a place corresponding to an angle of −8° and a distance of 2.7 m)), control the air conditioning module to operate air conditioning in a wind-free mode (Lee: [0186], the environment sensing information may include movement and distance information; [0961], the direct wind or indirect wind may be switched to no wind; [1022], The first blowing device (1000) and the second blowing device (2000) may be arranged in an upward or downward direction. For example, the second blowing device (2000) may be disposed on the upper side of the first blowing device (1000). In this case, the first air flow forms a flow that draw in indoor air present on the lower side of the air purifier (700″), and the second air flow forms a flow that draw in indoor air present on the upper side of the air purifier (700′)).
As for claim 3, Lee-Lee1 discloses: in the first time section of the sleep initiation mode and the second time section of the wake-up mode, control the air conditioning module to perform an airflow direction rotation operation while blowing a strong airflow (Lee: [0866], the up-down wind regulator (540) may be provided to rotate back and forth centered on a hinge axis provided at both ends of the wind regulator (540) to adjust the direction of the wind up or down).
As for claim 4, Lee-Lee1 discloses: in the first time section of the sleep initiation mode, control the air conditioning module to perform an airflow direction rotation operation within a first angle range including the identified location of the user, in the second time section of the wake-up mode, control the air conditioning module to perform the airflow direction rotation operation within a second angle range including the identified location of the user, and based on the airflow direction rotation operation being selected by the user, control the air conditioning module to perform the airflow direction rotation operation within a third angle range, and
each of the first angle range and the second angle range is an angle range smaller than the third angle range (Lee1: [0059], the wind direction controller 340 may adjust an angle of the first discharger 110 and/or the second discharger 120 toward occupants under the control of the processor 310 based on the occupant detected by a motion sensing sensor 140).
As for claim 5, Lee-Lee1 discloses: determine the first angle range and the second angle range as one of a plurality of sub-angle ranges that are specified for the airflow direction rotation operation, based on the identified location of the user (Lee1: [0059], the wind direction controller 340 may adjust an angle of the first discharger 110 and/or the second discharger 120 toward occupants under the control of the processor 310 based on the occupant detected by a motion sensing sensor 140).
As for claim 6, Lee-Lee1 discloses: based on detecting two or more users in the target space based on the sensor detection value of the detection sensor, determine the first angle range and the second angle range to include locations of the two or more users (Lee: [0509], analyze the sleep of different types of users at home; [0680], sleep analysis may undergo a more precise process when multiple users are sleeping in the same sleeping space).
As for claim 7, Lee-Lee1 discloses: wherein the first time section is a time section starting from a sleep initiation time, the second time section is a time section that starts before an expected wake-up time and ends at the expected wake-up time, and each of the first time section and the second time section is determined within a range between 3 minutes and 20 minutes (Lee: [0475], the processor (130) may determine the sleep induction point as 20 minutes before the time the user wishes to sleep based on the time the user wishes to sleep).
As for claim 8, Lee-Lee1 discloses: in the sleep initiation mode, set a target temperature of the air conditioning module to be lower than a user-set temperature, in the deep-sleep mode, set the target temperature of the air conditioning module to periodically increase and decrease within a temperature range between the user-set temperature and a temperature higher than the user-set temperature, and in the wake-up mode, set the target temperature of the air conditioning module to be higher than the user-set temperature (Lee: [0942], adjust the room temperature to a user-desired or preset temperature).
As for claim 9, Lee-Lee1 discloses: further comprising a communication module, comprising communication circuitry, wherein at least one processor, individually and/or collectively, is configured to: receive, from an external device through the communication module, sleep initiation information indicating that the user in the target space has begun to sleep, and start the sleep mode based on the sleep initiation information (Lee: [0359], the smart home appliance (800) may be implemented as a tablet personal computer, a mobile phone, a video phone, an e-book reader, a desktop personal computer, a laptop personal computer, a netbook computer, a workstation, a server, a personal digital assistant (PDA), a portable multimedia player (PMP), an MP3 player, a mobile medical device, a camera, a wearable device (e.g., smart glasses, a head-mounted device (HMD), electronic apparel, electronic bracelet, electronic necklace, electronic accessory, electronic tattoo, smart watch), smart mirror, kiosk or the like).
As for claim 10, Lee-Lee1 discloses: start the sleep mode from a bedtime set by the user (Lee: [0219], the processor (130) may determine that the user is in a pre-sleep state (i.e., before bedtime)).
As for claim 11, Lee-Lee1 discloses: receive a user input for setting a sleep duration, and calculate an expected wake-up time based on the sleep initiation time when the user begins to sleep, and the sleep duration set by the user, and
the wake-up mode is a specified time section before the expected wake-up time (Lee: [0138], sleep stage information may refer to information about whether a user's sleep was light sleep, moderate sleep, deep sleep, or REM sleep at each point during a user's last eight hours of sleep; [0445], receives a sleep analysis result report (bedtime, sleep latency, sleep duration, time to wake up after the alarm, etc.); [0591], considering the user's optimal or desired sleep duration).
As for claim 12, Lee-Lee1 discloses: further comprising a communication module comprising communication circuitry, wherein at least one processor, individually and/or collectively, is configured to: obtain, from the external device through the communication module, wake-up alarm time information indicating set by the user, set the expected wake-up time using the wake-up alarm time information, and operate in the wake-up mode during a specified time section before the expected wake-up time (Lee: [0229], cause an alarm to sound when a REM sleep is detected within 30 minutes of a wake-up time set by a user; [0589], if a user sets an alarm time through the user terminal (10), the processor (130) may determine the set alarm time as the wake-up prediction time).
As per claim 13, it recites features that are substantially same as those features claimed by claim 1, thus the rationales for rejecting claim 1 are incorporated herein.
As per claim 14, it recites features that are substantially same as those features claimed by claim 2, thus the rationales for rejecting claim 2 are incorporated herein.
As per claim 15, it recites features that are substantially same as those features claimed by claim 3, thus the rationales for rejecting claim 3 are incorporated herein.
As per claim 16, it recites features that are substantially same as those features claimed by claim 4, thus the rationales for rejecting claim 4 are incorporated herein.
As per claim 17, it recites features that are substantially same as those features claimed by claim 5, thus the rationales for rejecting claim 5 are incorporated herein.
As per claim 18, it recites features that are substantially same as those features claimed by claim 6, thus the rationales for rejecting claim 6 are incorporated herein.
As per claim 19, it recites features that are substantially same as those features claimed by claim 7, thus the rationales for rejecting claim 7 are incorporated herein.
As per claim 20, it recites features that are substantially same as those features claimed by claim 1, thus the rationales for rejecting claim 1 are incorporated herein.
Examiner’s Note
Examiner has cited particular columns/paragraph and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
In the case of amending the Claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention. This will assist in expediting compact prosecution. MPEP 714.02 recites: “Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP § 2163.06. An amendment which does not comply with the provisions of 37 CFR 1.121(b), (c), (d), and (h) may be held not fully responsive. See MPEP § 714.” Amendments not pointing to specific support in the disclosure may be deemed as not complying with provisions of 37 C.F.R. 1.131(b), (c), (d), and (h) and therefore held not fully responsive. Generic statements such as “Applicants believe no new matter has been introduced” may be deemed insufficient.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Applicants are required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action.
Ikeda (US Publication 20250093065) LEARNING DEVICE, AIR CONDITIONING CONTROL SYSTEM, INFERENCE DEVICE, AIR CONDITIONING CONTROL DEVICE, AND TRAINED MODEL GENERATION METHOD
Homsi (US Publication 20200028703) Intelligent Environment Control Systems And Methods
Nakagawa (US Publication 20210228835) AIR FLOW DISCHARGING DEVICE, SLEEPER SUPPORTING DEVICE, AND TIME NOTIFICATION DEVICE
It is noted that any citation to specific pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33, 216 U.S.P.Q. 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 U.S.P.Q. 275, 277 (C.C.P.A. 1968)).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hua Lu whose telephone number is 571-270-1410 and fax number is 571-270-2410. The examiner can normally be reached on Mon-Fri 9:00 am to 6:00 pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott Baderman can be reached on 571-272-3644. The fax phone number for the organization where this application or proceeding is assigned is 703-273-8300.
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/Hua Lu/
Primary Examiner, Art Unit 2118
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