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 .
Information Disclosure Statement
The information disclosure statements (IDS’s) submitted on 1/15/2025 and 4/8/2026 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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) 27-37, 40, and 41 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berman et al (US 2013/0057937 A1).
In regard to claim 27, Berman et al discloses a method for controlling tint of an electrochromic window in a room of a building (page 1, sections [0002] & [0006] and page 2, section [0031], re: “smart” glass… having electrochromic coatings and/or layers), the method comprising: (a) calculating a sun position at a time of day and date (page 5, section [0047], re: the actual and/or calculated solar position; the actual and/or calculated solar angle; the actual and/or calculated solar intensity; the time; the solar altitude; the solar azimuth; sunrise and sunset times); (b) determining a penetration depth of sunlight through the electrochromic window into the room using the sun position (page 5, section [0047], re: the actual and/or calculated solar penetration angle; the actual and/or calculated solar penetration depth through the window, the actual and/or calculated solar radiation) and based on site data including whether a structure or other obstruction is configured to reduce sunlight through the electrochromic window (page 5, section [0047], re: this solar tracking information may be combined with knowledge about the structure of the building and window opening, as well. This structural knowledge includes, for example, any shadowing features of the building (such as, for example, buildings in the cityscape and topographical conditions that may shadow the sun's ray on the window opening at various times throughout the day/year); and (c) determining a tint level of the electrochromic window for the time of day and date using the penetration depth (page 5, section [0047], re: proactive and reactive control algorithms may be used based on CCS 110 knowledge of how a building's occupants use window coverings and/or variable characteristics of a glass. CCS 110 may be configured with one or more proactive/reactive control algorithms configured to proactively input information to/from the motor controller and/or a glass controller to facilitate adaptability of ASC 100… proactive algorithms can be setup to optimize the positioning of the window covering and/or a variable characteristic of a glass based on a typical day) and location of one or more occupancy regions in the room (page 6, section [0054], re: if a room's motion sensors detect a large number of people inside a room, ASC 100 may facilitate movement of the window coverings and/or adjustment of one or more variable characteristics of a glass to provide greater shading and cooling of the room, i.e. region of occupancy sensor in a room).
Regarding claims 28 and 29, Berman et al discloses wherein the tint level is determined in (c) using the penetration depth (page 5, section [0047], re: the actual and/or calculated solar penetration angle; the actual and/or calculated solar penetration depth through the window, the actual and/or calculated solar radiation), the location of the one or more occupancy regions in the room (page 6, section [0054], re: if a room's motion sensors detect a large number of people inside a room, ASC 100 may facilitate movement of the window coverings and/or adjustment of one or more variable characteristics of a glass to provide greater shading and cooling of the room, i.e. region of occupancy sensor in a room), and a solar reading taken by one or more sensors comprising a photosensor (page 5, section [0047], re: the actual and/or calculated solar radiation; the actual and/or calculated solar intensity and page 6, section [0054], re: typical sensors 125… include photometers/photosensors).
Regarding claim 30, Berman et al discloses wherein the one or more sensors are located on a roof of the building (page 7, section [0060], re: sensors 125 may be located on the roof of a building).
Regarding claim 31, Berman et al discloses wherein the solar reading taken by the one or more sensors is indicative of a measurement of sunlight at or near the electrochromic window (page 6, section [0054], re: each photosensor may look at a different part of the window wall and/or window covering. The information from these photosensors may be used to anticipate changes in brightness as the window covering travels across a window, indirectly measure the brightness coming through a portion of the window wall by looking at the brightness reflecting off an interior surface, measure brightness detected on the incident side of the window covering and/or to measure the brightness detected for any other field of view).
Regarding claim 32, Berman et al discloses wherein the sun position is calculated using a longitude and a latitude of the building (page 5, section [0047] & page 21, section [0147]).
Regarding claim 33, Berman et al discloses wherein the structure is an overhang, a fin, or another building (page 5, section [0047], re: buildings in the cityscape).
Regarding claim 34, Berman et al discloses wherein the other obstruction is caused by a cloud (page 13, section [0097], re: overcast or cloudy modes).
Regarding claim 35, Berman et al discloses said method comprising determining that the cloud is present and/or quantifying the other obstruction caused by the cloud using one or more parameters (page 13, section [0097]).
Regarding claim 36, Berman et al discloses wherein the one or more parameters include one or more of visible light data, infrared light data, humidity data, and temperature data (page 13, section [0097], re: measured solar radiation values).
Regarding claim 37, Berman et al discloses said method comprising providing instructions to transition tint of the electrochromic window to the tint level determined in (c) (page 17, section [0119], re: issuing instructions configured to modify one or more variable characteristics of a glass (for example, to decrease the visible light transmission of a glass, and/or reduce the shading coefficient)).
In regard to claim 40, Berman et al discloses a method of controlling tint of one or more electrochromic windows of a building (page 1, sections [0002] & [0006] and page 2, section [0031], re: “smart” glass… having electrochromic coatings and/or layers), the method comprising: (a) calculating a solar azimuth and a solar altitude at a time of day and date; (b) determining whether the solar azimuth and the solar altitude are within ranges of solar azimuth and solar altitudes that result in glare at the one or more electrochromic windows (page 12, section [0085], re: veiling glare, using solar altitude & solar azimuth), wherein the ranges of solar azimuth and solar altitudes are automatically determined using a three-dimensional building model (page 19, sections [0131]-[0134], Figures 10A-E); and (c) determining a tint level for the one or more electrochromic windows based at least in part on the determination in (b) (page 19, sections [0131]-[0134], re: one or more variable characteristics of a glass may be modified accordingly, Figures 10A-E).
Regarding claim 41, Berman et al discloses wherein the tint level is determined in (c) based on the determination in (b) (page 19, sections [0131]-[0134], re: one or more variable characteristics of a glass may be modified accordingly, Figures 10A-E) and location of one or more occupancy regions in a room in which the one or more electrochromic windows is disposed (page 6, section [0054], re: if a room's motion sensors detect a large number of people inside a room, ASC 100 may facilitate movement of the window coverings and/or adjustment of one or more variable characteristics of a glass to provide greater shading and cooling of the room, i.e. region of occupancy sensor in a room).
Allowable Subject Matter
Claims 38, 39, 42, and 43 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach a combination of all the claimed features as presented in claims 38 and 39: a method as claimed, specifically wherein the each of the one or more occupancy regions is an area at a plane of interest.
The prior art fails to teach a combination of all the claimed features as presented in claims 42 and 43: a method as claimed, specifically wherein the each of the one or more occupancy regions is an area at a plane of interest.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM C CHOI whose telephone number is (571)272-2324. The examiner can normally be reached Monday- Friday, 9:00 am - 6:00 pm.
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/WILLIAM CHOI/Primary Examiner, Art Unit 2872 August 11, 2026
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