DETAILED ACTION
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter…Claim 25’s “A non-transitory computer-readable medium”…
Claims 2-8,11-15 and 16-21,24 and 25-30,33 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-28 of U.S. Patent No. 12,238,839.
Claims 9 and 22 and 31 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-28 of U.S. Patent No. 12,238,839 in view of Casey et al. (US 2018/0168020 A1).
Claims 2-15 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more:
Claim(s) 2,12,13,14,15 and 16,24 and 25,33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Casey et al. (US 2018/0168020 A1):
Claim(s) 2,12,13,14,15 and 16,24 and 25,33 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Casey et al. (US 2018/0168020 A1):
Claim(s) 3,4,5,6,7,8,9,11 and 17,18,19,20,21,22 and 26,27,28,29,30,31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Casey et al. (US 2018/0168020 A1) in view of ITO (JP 2016-102399 A) with machine translation:
Claims 23,32 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: Note that Claim 10 is rejected under 35 USC 101.
Response to Amendment
The pre-amendment was received 3/14/2025. Claim 1 cancel. Claims 2-33 pending:
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Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claim 25’s “A non-transitory computer-readable medium” is not in the remainder of the specification.
Thus, the specification is objected to as failing to provide proper antecedent basis for the claimed “A non-transitory computer-readable medium” in claim 25 and the claimed “The non-transitory computer-readable medium” in claims 26-33.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 2-8,11-15 and 16-21,24 and 25-30,33 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-28 of U.S. Patent No. 12,238,839.
Regarding Claims 2-8,11-15 and 15-21,24 and 25-30,33: The following table illustrates the correspondence between the claimed limitation of claims 2-8,11-15 and 15-21,24 and 25-30,33 of the current application and the claimed limitation of claims 1–28 of 12,238,839 Patent:
19/024,761 (instant app)
12,238,839 (U.S. Patent)
2. (New) A method comprising:
determining a cumulative illuminance value for an image based on at least one pixel in the image;
determining that the cumulative illuminance value for the image is greater than a first threshold;
determining that a glare condition exists based on determining that the cumulative illuminance value for the image is greater than the first threshold; and
causing a position of a covering material for a motorized window treatment to be adjusted to remove the glare condition based on determining that the glare condition exists.
1. A method comprising:
determining a luminance value for a first pixel in an image;
determining a profile angle for the first pixel;
determining an illuminance value for the first pixel based on the luminance value and the profile angle;
adding the illuminance value for the first pixel to a cumulative illuminance value for the image;
determining whether the cumulative illuminance value for the image is greater than or equal to a glare condition illuminance threshold;
determining whether the luminance value for the first pixel is greater than or equal to a glare condition luminance threshold;
determining that a glare condition exists based on determining that the cumulative illuminance value for the image is greater than or equal to the glare condition illuminance threshold or that the luminance value for the first pixel is greater than or equal to the glare condition luminance threshold; and
causing a position of a covering material for a motorized window treatment to be adjusted to remove the glare condition based on the determination of the glare condition.
3. (New) The method of claim 2,
wherein the at least one pixel comprises a first pixel, and
wherein the method further comprises:
determining an illuminance value for the first pixel in the image;
wherein determining the cumulative illuminance value for the image comprises adding the illuminance value for the first pixel to a previous cumulative illuminance value for the image.
3. The method of claim 1, further comprising:
determining that there are one or more unprocessed pixels in the image, wherein the one or more unprocessed pixels comprise a second pixel;
determining a luminance value for the second pixel;
determining a profile angle for the second pixel;
determining an illuminance value for the second pixel based on the luminance value and the profile angle; and
adding the illuminance value for the second pixel to the cumulative illuminance value for the image.
4. (New) The method of claim 3,
wherein the image comprises one or more unprocessed pixels, the method further comprising:
determining an illuminance value for a second pixel in the image, wherein the second pixel is one of the one or more unprocessed pixels; and
adding the illuminance value for the second pixel to the cumulative illuminance value for the image.
3. The method of claim 1, further comprising:
determining that there are one or more unprocessed pixels in the image, wherein the one or more unprocessed pixels comprise a second pixel;
determining a luminance value for the second pixel;
determining a profile angle for the second pixel;
determining an illuminance value for the second pixel based on the luminance value and the profile angle; and
adding the illuminance value for the second pixel to the cumulative illuminance value for the image.
5. (New) The method of claim 3, wherein determining the illuminance value for the first pixel in the image comprises:
determining a luminance value for the first pixel;
determining a profile angle for the first pixel; and
calculating the illuminance value for the first pixel based on the luminance value and the profile angle.
3. The method of claim 1, further comprising:
determining that there are one or more unprocessed pixels in the image, wherein the one or more unprocessed pixels comprise a second pixel;
determining a luminance value for the second pixel;
determining a profile angle for the second pixel;
determining an illuminance value for the second pixel based on the luminance value and the profile angle; and
adding the illuminance value for the second pixel to the cumulative illuminance value for the image.
6. (New) The method of claim 5, wherein the profile angle for the first pixel is defined as an angle of a projection of a line from the first pixel to a visible light sensor onto a vertical plane that is perpendicular to a window to which the motorized window treatment is attached.
13. The method of claim 1, wherein the profile angle for the first pixel is defined as an angle of a projection of a line from the first pixel to a visible light sensor onto a vertical plane that is perpendicular to a window to which the motorized window treatment is attached.
7. (New) The method of claim 5, wherein determining the luminance value for the first pixel comprises retrieving the luminance value from a memory of a device.
9. The method of claim 1, wherein determining the luminance value for the first pixel comprises retrieving the luminance value from a memory of a device.
8. (New) The method of claim 5, wherein the first pixel is associated with an R intensity value, a G intensity value, and a B intensity value, and wherein determining the luminance value comprises calculating the luminance value based on the R intensity value, the G intensity value, and the B intensity value.
10. The method of claim 1, wherein the first pixel is associated with an R intensity value, a G intensity value, and a B intensity value, and wherein determining the luminance value comprises calculating the luminance value based on the R intensity value, the G intensity value, and the B intensity value.
9. (New) The method of claim 8, wherein calculating the luminance value based on the R intensity value, the G intensity value, and the B intensity value comprises:
multiplying the R intensity value by a first constant to generate a weighted R intensity value;
multiplying the G intensity value by a second constant to generate a weighted G intensity value;
multiplying the B intensity value by a third constant to generate a weighted R intensity value; and
adding the weighted R intensity value, the weighted G intensity value, and the weighted B intensity value to generate the luminance value.
Does not teach claim 9’s “multiplying”.
10. (New) The method of claim 5, wherein determining the illuminance value for the first pixel based on the luminance value and the profile angle comprises calculating the illuminance value for the first pixel according to the formula:
Ep = (2n /Np)· Lp • cos(0p),
wherein Er is the illuminance value for the first pixel, Lr is the luminance value for the first pixel, Nr is a total number of pixels in the image, and 8r is the profile angle of the first pixel.
Does not teach claim 10
11. (New) The method of claim 3, further comprising determining a region of interest in the image, wherein the first pixel is located at a predetermined location in the image.
21. The sensor of claim 14, wherein the control circuit is further configured to determine a region of interest in the image, wherein the first pixel is located at a predetermined location in the image.
Re 12. (New) The method of claim 2, wherein causing the position of the covering material for the motorized window treatment to be adjusted to remove the glare condition comprises:
determining a desired position for the covering material to be adjusted to remove the glare condition based on determining that the glare condition exists; and
generating control instructions for controlling the position of the covering material to the desired position.
11. The method of claim 1, further comprising:
storing a location of the glare condition;
determining a desired position for the covering material based on the location of the glare condition; and
generating first control instructions for controlling the position of the covering material to match the desired position.
13. (New) The method of claim 12, wherein causing the position of the covering material for the motorized window treatment to be adjusted to remove the glare condition comprises:
storing a location of the glare condition;
determining the desired position for the covering material based on the location of the glare condition.
11. The method of claim 1, further comprising:
storing a location of the glare condition;
determining a desired position for the covering material based on the location of the glare condition; and
generating first control instructions for controlling the position of the covering material to match the desired position.
14. (New) The method of claim 12, wherein the desired position is a fully-lowered position.
12. The method of claim 11, wherein the desired position is a fully-lowered position.
15. (New) The method of claim 2, further comprising:
receiving an indication of a glare problem after the position of the covering material is adjusted to remove the glare condition;
determining a second threshold based on an adjusted position of the covering material for the motorized window treatment;
storing the second threshold; and
subsequently determining that a glare condition exists based on determining that the cumulative illuminance value for the image is greater than the second threshold.
15. The sensor of claim 14, wherein the control circuit is further configured to:
receive an indication of a glare problem;
determine a third threshold based on an adjusted position of the covering material for the motorized window treatment; and
store the third threshold for future use.
16. (New) A sensor for detecting a glare condition and of controlling a position of covering material for a motorized window treatment, the sensor comprising:
a memory;
a communication circuit;
a visible light sensing circuit configured to record an image; and
a control circuit configured to:
determine a cumulative illuminance value for an image based on at least one pixel in the image;
determine that the cumulative illuminance value for the image is greater than a first threshold;
determine that a glare condition exists based on determining that the cumulative illuminance value for the image is greater than the first threshold; and
transmit, via the communication circuit and based on a determination that the glare condition exists, a message for causing a position of a covering material for a motorized window treatment to be adjusted to remove the glare condition.
14. A sensor for detecting a glare condition and of controlling a position of covering material for a motorized window treatment, the sensor comprising:
a memory;
a visible light sensing circuit configured to record an image; and
a control circuit configured to:
determine a luminance value for a first pixel in the image;
determine a profile angle for the first pixel; determine an illuminance value for the first pixel based on the luminance value and the profile angle;
add the illuminance value for the first pixel to a cumulative illuminance value for the image;
determine whether the cumulative illuminance value for the image is greater than or equal to a glare condition illuminance threshold;
determine whether the luminance value for the first pixel is greater than or equal to a glare condition luminance threshold;
determine that a glare condition exists based on determining that the cumulative illuminance value for the image is greater than or equal to the glare condition illuminance threshold or that the luminance value for the first pixel is greater than or equal to the glare condition luminance threshold; and
determine a position of a covering material for a motorized window treatment to be adjusted to remove the glare condition based on the determination of the glare condition; and
transmit an indication of the first glare condition or the second glare condition and the determined position of the covering material.
17. (New) The sensor of claim 16, wherein the at least one pixel comprises a first pixel, and wherein the control circuit is further configured to:
determine an illuminance value for the first pixel in the image;
wherein the control circuit being configured to determine the cumulative illuminance value for the image comprises the control circuit being configured to add the illuminance value for the first pixel to a previous cumulative illuminance value for the image.
16. The sensor of claim 14, wherein the control circuit is further configured to:
determine that there are one or more unprocessed pixels in the image, wherein the one or more unprocessed pixels comprise a second pixel;
determine a luminance value for the second pixel; determine a profile angle for the second pixel;
determine an illuminance value for the second pixel based on the luminance value and the profile angle; and
add the illuminance value for the second pixel to the cumulative illuminance value for the image.
18. (New) The sensor of claim 17, wherein the image comprises one or more unprocessed pixels, and wherein the control circuit is further configured to:
determine an illuminance value for a second pixel in the image, wherein the second pixel is one of the one or more unprocessed pixels; and
add the illuminance value for the second pixel to the cumulative illuminance value for the image.
16. The sensor of claim 14, wherein the control circuit is further configured to:
determine that there are one or more unprocessed pixels in the image, wherein the one or more unprocessed pixels comprise a second pixel;
determine a luminance value for the second pixel;
determine a profile angle for the second pixel;
determine an illuminance value for the second pixel based on the luminance value and the profile angle; and
add the illuminance value for the second pixel to the cumulative illuminance value for the image.
19. (New) The sensor of claim 17, wherein the control circuit being configured to determine the illuminance value for the first pixel in the image comprises the control circuit being configured to:
determine a luminance value for the first pixel;
determine a profile angle for the first pixel; and
calculate the illuminance value for the first pixel based on the luminance value and the profile angle.
16. The sensor of claim 14, wherein the control circuit is further configured to:
determine that there are one or more unprocessed pixels in the image, wherein the one or more unprocessed pixels comprise a second pixel;
determine a luminance value for the second pixel;
determine a profile angle for the second pixel;
determine an illuminance value for the second pixel based on the luminance value and the profile angle; and
add the illuminance value for the second pixel to the cumulative illuminance value for the image.
20. (New) The sensor of claim 19, wherein the profile angle for the first pixel is defined as an angle of a projection of a line from the first pixel to a visible light sensor onto a vertical plane that is perpendicular to a window to which the motorized window treatment is attached.
24. The sensor of claim 14, wherein the profile angle for the first pixel is defined as an angle of a projection of a line from the first pixel to the sensor onto a vertical plane that is perpendicular to a window to which the motorized window treatment is attached.
21. (New) The sensor of claim 19, wherein the first pixel is associated with an R intensity value, a G intensity value, and a B intensity value, and wherein the control circuit being configured to determine the luminance value comprises the control circuit being configured to calculate the luminance value based on the R intensity value, the G intensity value, and the B intensity value.
23. The sensor of claim 14, wherein the first pixel is associated with an R intensity value, a G intensity value, and a B intensity value, and wherein the control circuit being configured to determine the luminance value comprises the control circuit being configured to calculate the luminance value based on the R intensity value, the G intensity value, and the B intensity value.
22. (New) The sensor of claim 21, wherein the control circuit being configured to calculate the luminance value based on the R intensity value, the G intensity value, and the B intensity value comprises the control circuit being configured to:
multiply the R intensity value by a first constant to generate a weighted R intensity value;
multiply the G intensity value by a second constant to generate a weighted G intensity value;
multiply the B intensity value by a third constant to generate a weighted R intensity value; and
add the weighted R intensity value, the weighted G intensity value, and the weighted B intensity value to generate the luminance value.
Does not teach claim 22’s “multiply” and “constant”
23. (New) The sensor of claim 19, wherein the control circuit being configured to determine the illuminance value for the first pixel based on the luminance value and the profile angle comprises the control circuit being configured to calculate the illuminance value for the first pixel according to the formula:
Ep = (2n /Np)· Lp • cos(0p),
wherein Er is the illuminance value for the first pixel, LP is the luminance value for the first pixel, Nr is a total number of pixels in the image, and 8r is the profile angle of the first pixel.
Does not teach claim 23
24. (New) The sensor of claim 16, wherein the control circuit is further configured to:
receive an indication of a glare problem after the position of the covering material is adjusted to remove the glare condition;
determine a second threshold based on an adjusted position of the covering material for the motorized window treatment;
store the second threshold in the memory; and
PATENT
subsequently determine that a glare condition exists based on determining that the cumulative illuminance value for the image is greater than the second threshold.
15. The sensor of claim 14, wherein the control circuit is further configured to:
receive an indication of a glare problem;
determine a third threshold based on an adjusted position of the covering material for the motorized window treatment; and
store the third threshold for future use.
25. (New) A non-transitory computer-readable medium having instructions stored thereon that, when executed by a control circuit, cause the control circuit to:
determine a cumulative illuminance value for an image based on at least one pixel in the image;
determine that the cumulative illuminance value for the image is greater than a first threshold;
determine that a glare condition exists based on determining that the cumulative
illuminance value for the image is greater than the first threshold; and
transmit, via the communication circuit and based on a determination that the glare condition exists, a message for causing a position of a covering material for a motorized window treatment to be adjusted to remove the glare condition.
25. A non-transitory computer-readable medium having instructions stored thereon that, when executed by a control circuit, cause the control circuit to:
determine a luminance value for a first pixel in an image;
determine a profile angle for the first pixel;
determine an illuminance value for the first pixel based on the luminance value and the profile angle;
add the illuminance value for the first pixel to a cumulative illuminance value for the image;
determine whether the cumulative illuminance value for the image is greater than or equal to a glare condition illuminance threshold;
determine whether the luminance value for the first pixel is greater than or equal to a glare condition luminance threshold;
determine that a glare condition exists based on determining that the cumulative illuminance value for the image is greater than or equal to the glare condition illuminance threshold or that the luminance value for the first pixel is greater than or equal to the glare condition luminance threshold; and
determine a position of a covering material for a motorized window treatment to be adjusted to remove the glare condition based on the determination of the glare condition; and
transmit, via a communication circuit, an indication of the first glare condition or the second glare condition and the determined position of the covering material.
26. (New) The non-transitory computer readable medium of claim 25, wherein the at least one pixel comprises a first pixel, and wherein the instructions, when executed by the control circuit, further cause the control circuit to:
determine an illuminance value for the first pixel in the image;
wherein the instructions causing the control circuit to determine the cumulative
illuminance value for the image comprises the instructions causing the control circuit to add the illuminance value for the first pixel to a previous cumulative illuminance value for the image.
27. The non-transitory computer readable medium of claim 25, wherein the instructions, when executed by the control circuit, further cause the control circuit to:
determine that there are one or more unprocessed pixels in the image, wherein the one or more unprocessed pixels comprise a second pixel;
determine a luminance value for the second pixel;
determine a profile angle for the second pixel;
determine an illuminance value for the second pixel based on the luminance value and the profile angle; and
add the illuminance value for the second pixel to the cumulative illuminance value for the image.
27. (New) The non-transitory computer readable medium of claim 26, wherein the image comprises one or more unprocessed pixels, and wherein the instructions, when executed by the control circuit, further cause the control circuit to:
determine an illuminance value for the second pixel in the image, wherein the second pixel is one of the one or more unprocessed pixels; and
add the illuminance value for the second pixel to the cumulative illuminance value for the image.
27. The non-transitory computer readable medium of claim 25, wherein the instructions, when executed by the control circuit, further cause the control circuit to:
determine that there are one or more unprocessed pixels in the image, wherein the one or more unprocessed pixels comprise a second pixel;
determine a luminance value for the second pixel;
determine a profile angle for the second pixel;
determine an illuminance value for the second pixel based on the luminance value and the profile angle; and
add the illuminance value for the second pixel to the cumulative illuminance value for the image.
28. (New) The non-transitory computer readable medium of claim 26, wherein the instructions causing the control circuit to determine the illuminance value for the first pixel in the image comprises the instructions causing the control circuit to:
determine a luminance value for the first pixel;
determine a profile angle for the first pixel; and
calculate the illuminance value for the first pixel based on the luminance value and the profile angle.
27. The non-transitory computer readable medium of claim 25, wherein the instructions, when executed by the control circuit, further cause the control circuit to:
determine that there are one or more unprocessed pixels in the image, wherein the one or more unprocessed pixels comprise a second pixel;
determine a luminance value for the second pixel;
determine a profile angle for the second pixel;
determine an illuminance value for the second pixel based on the luminance value and the profile angle; and
add the illuminance value for the second pixel to the cumulative illuminance value for the image.
29. (New) The non-transitory computer readable medium of claim 28, wherein the profile angle for the first pixel is defined as an angle of a projection of a line from the first pixel to a visible light sensor onto a vertical plane that is perpendicular to a window to which the motorized window treatment is attached.
24. The sensor of claim 14, wherein the profile angle for the first pixel is defined as an angle of a projection of a line from the first pixel to the sensor onto a vertical plane that is perpendicular to a window to which the motorized window treatment is attached.
30. (New) The non-transitory computer readable medium of claim 28, wherein the first pixel is associated with an R intensity value, a G intensity value, and a B intensity value, and wherein the instructions causing the control circuit to determine the luminance value comprises the instructions causing the control circuit to calculate the luminance value based on the R intensity value, the G intensity value, and the B intensity value.
23. The sensor of claim 14, wherein the first pixel is associated with an R intensity value, a G intensity value, and a B intensity value, and wherein the control circuit being configured to determine the luminance value comprises the control circuit being configured to calculate the luminance value based on the R intensity value, the G intensity value, and the B intensity value.
31. (New) The non-transitory computer readable medium of claim 30, wherein the instructions causing the control circuit to calculate the luminance value based on the R intensity value, the G intensity value, and the B intensity value comprises the instructions causing the control circuit to:
multiply the R intensity value by a first constant to generate a weighted R intensity value;
multiply the G intensity value by a second constant to generate a weighted G intensity value;
multiply the B intensity value by a third constant to generate a weighted R intensity value; and
add the weighted R intensity value, the weighted G intensity value, and the weighted B intensity value to generate the luminance value.
Does not teach claim 31’s “multiply” and “constant”
32. (New) The non-transitory computer readable medium of claim 28, wherein the instructions causing the control circuit to determine the illuminance value for the first pixel based on the luminance value and the profile angle comprises the instructions causing the control circuit to calculate the illuminance value for the first pixel according to the formula:
Ep = (2n /Np)· Lp • cos(0p),
wherein Er is the illuminance value for the first pixel, LP is the luminance value for the first pixel, Nr is a total number of pixels in the image, and 8r is the profile angle of the first pixel.
Does not teach claim 32
33. (New) The non-transitory computer readable medium of claim 25, wherein the instructions, when executed by the control circuit, further cause the control circuit to:
receive an indication of a glare problem after the position of the covering material is adjusted to remove the glare condition;
determine a second threshold based on an adjusted position of the covering material for the motorized window treatment;
store the second threshold; and
subsequently determine that a glare condition exists based on determining that the cumulative illuminance value for the image is greater than the second threshold.
26. The non-transitory computer readable medium of claim 25, wherein the instructions, when executed by the control circuit, further cause the control circuit to:
receive, via the communication circuit, an indication of a glare problem;
determine a third threshold based on an adjusted position of the covering material for the motorized window treatment; and
store the third threshold for future use.
Table 1
The table (Table 1) above shows that independent claims 2, 16 and 25 of this Application is not identical to the claims of U.S. Patent No. 12,238,839. However, the claims are not patentably distinct. The U.S. Patent No. 12,238,839 is narrower than independent claims 2, 16 and 25 since it includes several additional limitations not found in claim 2, 16 and 25 of the instant Application.
Claims 9 and 22 and 31 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-28 of U.S. Patent No. 12,238,839 in view of Casey et al. (US 2018/0168020 A1).
U.S. Patent No. 12,238,839 does not teach claims 9,22,31.
Casey already teaches claims 9,22,31 as applied in the below 35 USC 103 rejection:
Claim(s) 3,4,5,6,7,8,9,11 and 17,18,19,20,21,22 and 26,27,28,29,30,31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Casey et al. (US 2018/0168020 A1) in view of ITO (JP 2016-102399 A) with machine translation.
Since one of skill in art would recognize that same/corresponding features U.S. Patent No. 12,238,839 and Casey et al. (US 2018/0168020 A1), it would been obvious to combine the claims (namely claim 23) of U.S. Patent No. 12,238,839 with Casey’s teaching of “total lighting intensity may be defined as (0.299*R+0.587*G+0.114*B)” and see in the change an importance given to RGB values.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 2-15 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more:
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Step zero: Establish the broadest reasonable interpretation and hence the “full scope of the claim under BRI” (MPEP 2106.05(a) 4th para, 5th S) including narrow subsets (such as the subset –cumulative (i.e., “representative group luminance”: applicant’s disclosure, page 50, 2nd S) value—of the full scope “cumulative illuminance value” under BRI) of said full scope.
Step 1: Claim 2 is process; claim 16 machine; claim 25 manufacture;
Step 2A, prong 1: The claim(s) recite(s) a mental process of determining amounts and presence:
2. (New) A method comprising:
determining a cumulative1 illuminance value for an image based on at least one pixel2 in the image;
determining that the cumulative illuminance value for the image is greater than a first threshold;
determining that a glare condition exists based on determining that the cumulative illuminance value for the image is greater than the first threshold; and
causing a position of a covering material for a motorized window treatment to be adjusted to remove the glare condition based on determining that the glare condition exists.
Step 2A, prong 2: This judicial exception is not integrated into a practical application because the additional elements such as the claimed “pixel” and “motorized window treatment to be adjusted” is not improving the functioning of a computer (controller) in view of applicant’s disclosure [00144] about a controller.
Step 2B: The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements adhere to the conventional in view of applicant’s specification’s BACKGROUND:
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35 USC § 101 – Positive Statement
Claims 16-24 and 25-33 reflect the disclosed computer/controller improvement at pages 49,50: [00144] under full claim scope of the broadest reasonable interpretation:
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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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 2,12,13,14,15 and 16,24 and 25,33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Casey et al. (US 2018/0168020 A1):
Claim(s) 2,12,13,14,15 and 16,24 and 25,33 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Casey et al. (US 2018/0168020 A1):
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Re 2. (New), Casey discloses A method comprising:
determining a 3 illuminance45 (i.e., pixel) value (or likewise “determine…light intensities” [0294], reproduced below) for an image based on at least one pixel67 (i.e., illuminance) in the image;
determining that the
determining that a glare condition exists (or likewise “exceeds a sunlight glare threshold, at 1520”) based on determining that the
“[0294] The sensor may determine if one or more of the light intensities (e.g., the lighting intensity relating to the sunlight provided by the window) exceeds a sunlight glare threshold, at 1520. The sunlight glare threshold may be a preferred sunlight glare threshold provided by the user. The sunlight glare threshold may be a recommended sunlight glare threshold provided by the lighting manufacturer or lighting designer. A localized measure of the lighting intensity (e.g., luminance) may provide a measure of the lighting intensity to determine if it is glare. For example, a pixel area measure of the luminance may provide a measure of the lighting intensity to determine if it is glare. If the lighting intensity relating to the sunlight fails to exceed a sunlight glare threshold, the procedure 1500 may end. If the lighting intensity relating to the sunlight does exceed a sunlight glare threshold, the sensor may determine one or more regions of interest in which the sunlight reaches. For example, at 1522, the sensor may determine if the sunlight reaches the user task area and/or an area surrounding (e.g., within a predefined distance of) the user task area (e.g., desk 106, monitor 166, a predefined area around user 192, etc.).” via fig. 15:
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)
; and
causing a position of a covering material for a motorized window treatment to be adjusted to remove the glare8 condition based on determining that the glare condition exists (or likewise at fig. 15:1522: “Sunlight at or near task area?”: “Yes”: “If, however, the sunlight does reach the task area, the covering material of each of the motorized window treatments in the space may be adjusted” via:
[0295] If the sunlight fails to reach at the task area, the procedure 1500 may end. If, however, the sunlight does reach the task area, the covering material of each of the motorized window treatments in the space may be adjusted. For example, the sensor may transmit an indication of sun glare at 1524. The sensor may transmit the indication of sunlight glare to the system controller or directly to the motorized window treatments. The system controller may transmit the indication of sunlight glare or control instructions for control instructions for moving the covering material to the motorized window treatments. The motorized window treatments may adjust the covering material in response to the indication or control instructions so that the sunlight fails to reach the task area, or the area surrounding the task surface (e.g., within a predefined distance thereof). The covering material of each of the motorized window treatments may be adjusted a predefined amount (e.g., 10%, 30%, 60%, 90%, etc.) and/or the covering material of each of the motorized window treatments may be adjusted using the amount of sunlight that is permitted by the covering material of each of the motorized window treatments. For example, the sensor may continually transmit messages to adjust the covering material of each of the motorized window treatments until the sunlight is identified in the generated images as failing to reach, or failing to reach a predefined distance from, the task area. After the window treatment is properly adjusted, the procedure 1500 may end.
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Re 12. (New), Casey discloses The method of claim 2,
Re 13. (New), Casey discloses The method of claim 12,
Re 14. (New), Casey discloses The method of claim 12,
Re 15. (New), Casey discloses The method of claim 2, further comprising:
receiving an indication of a glare problem after the position of the covering material is adjusted to remove the glare condition (or likewise via fig. 15:1524: “Transmit indication of sun glare” : “the sensor may continually transmit messages … of …the sunlight…identified… as …reach…ing…the task area. After the window treatment is properly adjusted, the procedure 1500 may end” [0295], penult S:
[0295] If the sunlight fails to reach at the task area, the procedure 1500 may end. If, however, the sunlight does reach the task area, the covering material of each of the motorized window treatments in the space may be adjusted. For example, the sensor may transmit an indication of sun glare at 1524. The sensor may transmit the indication of sunlight glare to the system controller or directly to the motorized window treatments. The system controller may transmit the indication of sunlight glare or control instructions for control instructions for moving the covering material to the motorized window treatments. The motorized window treatments may adjust the covering material in response to the indication or control instructions so that the sunlight fails to reach the task area, or the area surrounding the task surface (e.g., within a predefined distance thereof). The covering material of each of the motorized window treatments may be adjusted a predefined amount (e.g., 10%, 30%, 60%, 90%, etc.) and/or the covering material of each of the motorized window treatments may be adjusted using the amount of sunlight that is permitted by the covering material of each of the motorized window treatments. For example, the sensor may continually transmit messages to adjust the covering material of each of the motorized window treatments until the sunlight is identified in the generated images as failing to reach, or failing to reach a predefined distance from, the task area. After the window treatment is properly adjusted, the procedure 1500 may end.);
determining a second9 threshold (or likewise a second mentioned alternative of a “lighting designer”-threshold” verses a first mentioned alternative of a “lighting manufacturer”-“threshold” [0294], 3rd S) based (i.e., determined) on (i.e. in connection with) an adjusted position of the covering material for the motorized window treatment (or said likewise via fig. 15:1524: “Transmit indication of sun glare” : “the sensor may continually transmit messages … of …the sunlight…identified… as …reach…ing…the task area. After the window treatment is properly adjusted, the procedure 1500 may end” via:
[0294] The sensor may determine if one or more of the light intensities (e.g., the lighting intensity relating to the sunlight provided by the window) exceeds a sunlight glare threshold, at 1520. The sunlight glare threshold may be a preferred sunlight glare threshold provided by the user. The sunlight glare threshold may be a recommended sunlight glare threshold provided by the lighting manufacturer or lighting designer. A localized measure of the lighting intensity (e.g., luminance) may provide a measure of the lighting intensity to determine if it is glare. For example, a pixel area measure of the luminance may provide a measure of the lighting intensity to determine if it is glare. If the lighting intensity relating to the sunlight fails to exceed a sunlight glare threshold, the procedure 1500 may end. If the lighting intensity relating to the sunlight does exceed a sunlight glare threshold, the sensor may determine one or more regions of interest in which the sunlight reaches. For example, at 1522, the sensor may determine if the sunlight reaches the user task area and/or an area surrounding (e.g., within a predefined distance of) the user task area (e.g., desk 106, monitor 166, a predefined area around user 192, etc.);
storing the second threshold (“to obtain from memory…threshold values…used by the algorithm” via:
[0069] The visible light sensor 180 may be configured to perform a plurality of sensor events to detect various environmental characteristics of the space. For example, to perform a sensor event, the visible light sensor 180 may be configured to operate in one or more sensor modes. Each sensor mode, when executed, may detect one or more sensor events. A sensor event may be detected using an algorithm that identifies one or more environmental characteristics in an image. For example, in an occupancy/vacancy sensor mode, a sensor event may include entry of a user into a doorway of a room, movement detected within a predefined area of a room, or another occupancy/vacancy sensor event that may be detected from the environmental characteristics of the space. In addition, the visible light sensor 180 may configured to obtain from memory certain pre-configured control parameters (e.g., sensitivity, baseline values, threshold values, limit values, etc.) that may be used by the algorithm to detect the environmental characteristic during the sensor event.
; and
subsequently determining that a glare condition exists based on determining that the cumulative illuminance value for the image is greater than the second threshold (or likewise via said likewise via fig. 15:1524: “Transmit indication of sun glare” : “the sensor may continually transmit messages … of …the sunlight…identified… as … reach … ing …the task area. After the window treatment is properly adjusted, the procedure 1500 may end” via:
[0294] The sensor may determine if one or more of the light intensities (e.g., the lighting intensity relating to the sunlight provided by the window) exceeds a sunlight glare threshold, at 1520. The sunlight glare threshold may be a preferred sunlight glare threshold provided by the user. The sunlight glare threshold may be a recommended sunlight glare threshold provided by the lighting manufacturer or lighting designer. A localized measure of the lighting intensity (e.g., luminance) may provide a measure of the lighting intensity to determine if it is glare. For example, a pixel area measure of the luminance may provide a measure of the lighting intensity to determine if it is glare. If the lighting intensity relating to the sunlight fails to exceed a sunlight glare threshold, the procedure 1500 may end. If the lighting intensity relating to the sunlight does exceed a sunlight glare threshold, the sensor may determine one or more regions of interest in which the sunlight reaches. For example, at 1522, the sensor may determine if the sunlight reaches the user task area and/or an area surrounding (e.g., within a predefined distance of) the user task area (e.g., desk 106, monitor 166, a predefined area around user 192, etc.).
Claim 16 rejected like claim 2:
Re 16. (New), Casey discloses A sensor for detecting a glare condition and of controlling a position of covering material for a motorized window treatment, the sensor comprising:
a memory (fig. 3: 312: “Memory”);
a communication circuit (fig. 3: 339: “First Comm. Circuit”);
a visible light sensing circuit (fig. 3:322: “Camera”/fig. 4A:402: “Visible Light Sensor”) configured to record an image; and
a control circuit (fig. 3:310: Control Circuit”) configured to:
determine a cumulative illuminance value for an image based on at least one pixel in the image;
determine that the cumulative illuminance value for the image is greater than a first threshold;
determine that a glare condition exists based on determining that the cumulative illuminance value for the image is greater than the first threshold; and
transmit, via the communication circuit and based on a determination that the glare condition exists, a message for causing a position of a covering material for a motorized window treatment to be adjusted to remove the glare condition.
Claim 24 rejected like claim 15:
Re 24. (New), Casey discloses The sensor of claim 16, wherein the control circuit is further configured to:
receive an indication of a glare problem after the position of the covering material is adjusted to remove the glare condition;
determine a second threshold based on an adjusted position of the covering material for the motorized window treatment;
store the second threshold in the memory; and
PATENT
subsequently determine that a glare condition exists based on determining that the cumulative illuminance value for the image is greater than the second threshold.
Claim 25 rejected like claims 2 and 16:
Re 25. (New), Casey discloses A non-transitory computer-readable medium10 (or likewise “a computer-readable medium” [0346] 2nd S) having instructions stored thereon that, when executed by a control circuit, cause the control circuit to:
determine a cumulative illuminance value for an image based on at least one pixel in the image;
determine that the cumulative illuminance value for the image is greater than a first threshold;
determine that a glare condition exists based on determining that the cumulative
illuminance value for the image is greater than the first threshold; and
transmit, via the communication circuit and based on a determination that the glare condition exists, a message for causing a position of a covering material for a motorized window treatment to be adjusted to remove the glare condition.
Claim 33 rejected like claims 15,24:
Re 33. (New), Casey discloses The non-transitory computer readable medium of claim 25, wherein the instructions, when executed by the control circuit, further cause the control circuit to:
receive an indication of a glare problem after the position of the covering material is adjusted to remove the glare condition;
determine a second threshold based on an adjusted position of the covering material for the motorized window treatment;
store the second threshold; and
subsequently determine that a glare condition exists based on determining that the cumulative illuminance value for the image is greater than the second threshold.
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) 3,4,5,6,7,8,9,11 and 17,18,19,20,21,22 and 26,27,28,29,30,31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Casey et al. (US 2018/0168020 A1) in view of ITO (JP 2016-102399 A) with machine translation:
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Re 3. (New), Casey teaches The method of claim 2,
determining an illuminance value for the first pixel in the image;
wherein determining the cumulative illuminance value for the image comprises adding the illuminance value for the first pixel to a previous cumulative illuminance value for the image.
Casey does not teach the difference of claim 3 of:
adding (the illuminance value for the first pixel) to (a) previous (cumulative illuminance value).
Ito teach the difference of claim 3 of:
adding (the illuminance value for the first pixel) to (a) previous (cumulative illuminance value) (or likewise “calculates the difference between the calculated average value and the previous average value” via page 22, 1st txt blk:
Next, the threshold value setting unit 105 calculates the difference between the calculated average value and the previous average value as a light / dark difference (S803). Here, the immediately preceding average value indicates an average value that is temporally associated with the date and time immediately before the current average value. As described above, since the entire operation of the control device 1 is performed every predetermined time, the threshold value setting process included in the entire operation is similarly performed every predetermined time. Therefore, the immediately preceding average value is specifically the average value stored in the storage unit 12 in the immediately preceding operation cycle.).
Since, Casey suggests that there are other threshold programs
[0064] The visible light sensor 180 may be configured to determine environmental characteristics within the room using one or more algorithms or image analysis techniques. For example, the visible light sensor 180 may be configured to determine environmental characteristics within the room using background subtraction and/or background maintenance. The visible light sensor 180 may use background subtraction to detect objects that change within an image. For example, background subtraction may be used for detecting movement within an image and/or for detecting an occupancy/vacancy condition within the image. Background maintenance may be used to perform background subtraction. Example algorithms that may be used to perform background maintenance may include adjacent frame difference algorithms, mean and threshold algorithms, mean and covariance algorithms, mixture of Gaussian algorithms, normalized block correlation algorithms, as well as others. The visible light sensor 180 may also, or alternatively, provide the images to the system controller 110 or another computing device for performing imaging analysis to determine environmental characteristics and/or to control electrical loads/load control devices as described herein.
one of skill in the art could or would have done is refer to others for thresholding making Casey’s be as Ito seeing in the change goodness:
an accurate/corrected threshold that easily determines glare via Ito, paragraph spanning pages 22,23:
In this way, by increasing or decreasing the shade threshold value, the sunny threshold value, and the glare threshold value based on the light / dark difference that is the difference between the current average value and the previous average value in the opening area, the indoor space caused by the change in the amount of solar radiation. It can correspond to the brightness that the person feels. For example, a positive difference between the light and dark indicates that the amount of solar radiation has increased compared to the previous operation cycle, and in this case, each threshold is updated to a lower value than the threshold of the previous operation cycle. Therefore, the pixels in the opening region are not easily determined as shade pixels, and are easily determined as the sunny pixels and the glare pixels. In the threshold value setting process according to the present embodiment, each threshold value is set by subtracting each threshold value by an update value obtained by multiplying the
Brightness difference by an update coefficient. As long as a negative correlation is maintained such that the threshold value decreases as the difference increases, the threshold value may be obtained by any method based on the contrast.
via explicit, creative, routine, inferential, Supreme Court steps A,B:
A) create Shade Program based on Casey’s fig. 15, right-side fig. 15:
A1) at 1520: “Sunlight glare threshold?” write code (represented as the below
arrow between both figures 15 and 15) inputting glare threshold values from a Glare Threshold Setting Program (fig. 15, left-side):
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Figure 15: left-side zoomed view is shown below:
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B) run Shade program inputting updated/corrected glare thresholds from the Glare Threshold Setting Program, see what happens (I foresee goodness: easily setting of shades based on accurately detecting glare:
In this way, by increasing or decreasing the shade threshold value, the sunny threshold value, and the glare threshold value based on the light / dark difference that is the difference between the current average value and the previous average value in the opening area, the indoor space caused by the change in the amount of solar radiation. It can correspond to the brightness that the person feels. For example, a positive difference between the light and dark indicates that the amount of solar radiation has increased compared to the previous operation cycle, and in this case, each threshold is updated to a lower value than the threshold of the previous operation cycle. Therefore, the pixels in the opening region are not easily determined as shade pixels, and are easily determined as the sunny pixels and the glare pixels. In the threshold value setting process according to the present embodiment, each threshold value is set by subtracting each threshold value by an update value obtained by multiplying the
Brightness difference by an update coefficient. As long as a negative correlation is maintained such that the threshold value decreases as the difference increases, the threshold value may be obtained by any method based on the contrast.
Re 4. (New), Casey of the combination of Casey-Ito teaches The method of claim 3,
determining an illuminance value for a second pixel in the image
adding the illuminance value for the second pixel to the cumulative illuminance value for the image (or said likewise “calculates the difference between the calculated average value and the previous average value” via Ito, page 22, 1st txt blk).
Re 5. (New), Casey of the combination of Casey-Ito teaches The method of claim 3, wherein determining the illuminance value for the first pixel in the image comprises:
determining a luminance value for the first pixel (or likewise “[0093] The visible light sensor 180 may also be configured to operate in the daylighting sensor mode to measure a lighting level (e.g., illuminance or luminance due to daylight and/or artificial light) at a location of the space.”);
calculating the illuminance value for the first pixel based on the luminance value
[0093] The visible light sensor 180 may also be configured to operate in the daylighting sensor mode to measure a lighting level (e.g., illuminance or luminance due to daylight and/or artificial light) at a location of the space. For example, the visible light sensor 180 may apply a digital mask to focus on a specific location in the space (e.g., on a task area, such as a surface or a table 106 as shown in FIG. 1) and may use a daylighting algorithm to measure the lighting level at the location. Since the camera of the visible light sensor 180 is directed towards the surface, the visible light sensor may be configured to measure the luminance (e.g., reflected light level) at the surface. The visible light sensor 180 may be configured to calculate lighting level levels using image data. Image data may include data associated with the lighting level and/or color of pixels in the image. The visible light sensor 180 may calculate the illuminance (e.g., lighting level shining on the surface) from the measured luminance using a conversion factor. The conversion factor may be determined during a calibration procedure of the visible light sensor 180. For example, the illuminance at the task surface may be measured by a light meter and may be transmitted to the visible light sensor 180. The visible light sensor 180 may be configured to measure the luminance at the surface and may be configured to determine the conversion factor as a relationship between the illuminance measured by the light meter and the luminance measured by the visible light sensor.).
Re 6. (New), Casey of the combination of Casey-Ito teaches The method of claim 5,
Re 7. (New), Casey of the combination of Casey-Ito teaches The method of claim 5, wherein determining the luminance value for the first pixel comprises retrieving the luminance value from a memory of a device (or likewise “A previously captured image may be retrieved from memory… to remove the portion of the artificial lighting intensity” via:
[0254] The procedure 1000 may begin at 1010. At 1012, an image of the task area or other region of interest may be retrieved. A previously captured image may be retrieved from memory or the image may be retrieved by capturing the image with a camera. A daylighting mask may be applied to the image at 1014. The daylighting mask may be applied to areas outside of the task area or other region of interest, and/or to areas unaffected by the light emitted by the daylighting zone.
“[0258] Referring again to FIG. 10A, at 1020, a baseline removal process may be performed. If the baseline removal process is performed, at 1020, the procedure 1000 may calculate daylight lighting level. If the baseline removal process is not performed, at 1020, the procedure may calculate the total lighting level (e.g., daylight and artificial light) in the space. The baseline removal process may be performed as a function of baseline images, which may be images taken at nighttime or another time during which the artificial light in the space is unaffected by daylight or other ambient light, and the currently retrieved image to remove the portion of the artificial lighting intensity that is contributed by the lighting loads indicated in the baseline images. The baseline images may reflect a baseline lighting intensity in the space when one or more of the lighting loads are turned on to their full potential (e.g., 100% intensity) or to another control setting at which the lighting loads are currently being controlled. The removal of the baseline lighting intensity from the current image may indicate the amount of natural light or ambient light being added to the space.”).
Re 8. (New), Casey of the combination of Casey-Ito teaches The method of claim 5, wherein the first pixel is associated with an R intensity11 value
[0141] The visible light sensor 180 may be configured to operate in a daylighting sensor mode. For example, the visible light sensor 180 may be configured to identify an amount of total lighting intensity in the areas of the room 102 controlled by the lighting fixtures 172, 174, 176, 178 and control the dimming level of each of the lighting fixtures 172, 174, 176, 178 to maintain an overall lighting level in the room 102. The total lighting intensity may be determined using one or more algorithm or image analysis techniques. For example, the total lighting intensity may be determined from a red, green, and blue (RGB) image. Using the RGB image, the total lighting intensity may be defined as (0.299*R+0.587*G+0.114*B).).
Re 9. (New), Casey of the combination of Casey-Ito teaches The method of claim 8, wherein calculating the luminance value based on the R intensity value,
multiplying the R intensity value by a first constant to generate a weighted12 R intensity value
adding the weighted R intensity value1314 may be defined as …0.299*R”:
[0141] The visible light sensor 180 may be configured to operate in a daylighting sensor mode. For example, the visible light sensor 180 may be configured to identify an amount of total lighting intensity in the areas of the room 102 controlled by the lighting fixtures 172, 174, 176, 178 and control the dimming level of each of the lighting fixtures 172, 174, 176, 178 to maintain an overall lighting level in the room 102. The total lighting intensity may be determined using one or more algorithm or image analysis techniques. For example, the total lighting intensity may be determined from a red, green, and blue (RGB) image. Using the RGB image, the total lighting intensity may be defined as (0.299*R+0.587*G+0.114*B).).
Re 11. (New), Casey of the combination of Casey-Ito teaches The method of claim 3, further comprising determining a region of interest in the image, wherein the first pixel is located at a predetermined location in the image (or likewise “the lighting intensity at a location (e.g., on the table 106 or the desk 220)…on…an image of the room…on a region of interest” via :
[0098] The system controller 110 may be configured to determine a degradation in the light output of one or more of the lighting loads (e.g., lighting loads in lighting fixtures 172, 174, 176, 178 and/or the lighting load in the floor lamp 142) in the space, and to control the intensities of the lighting loads to compensate for the degradation (e.g., lumen maintenance). For example, the system controller 110 may be configured to individually turn on each lighting load (e.g., when it is dark at night) and measure the magnitude of the lighting intensity at a location (e.g., on the table 106 or the desk 220). For example, the system controller 110 may be configured to turn on the lighting loads at night and control the visible light sensor 180 to record an image of the room, to apply a mask to focus on a region of interest that the lighting loads illuminate (e.g., the surface of table 106 or the desk 220), to measure the lighting intensity in that region of interest, and to communicate that value to the system controller 110. The system controller 110 may store this value as a baseline value. At a time and/or date thereafter, the system controller 110 may repeat the measurement and compare the measurement to the baseline value. If the system controller 110 determines there to be a degradation, it may control one or more of the lighting loads to compensate for the degradation, alert maintenance, etc.).
Claim 17 is rejected like claim 3:
Re 17. (New), Casey of the combination of Casey-Ito teaches The sensor of claim 16, wherein the at least one pixel comprises a first pixel, and wherein the control circuit is further configured to:
determine an illuminance value for the first pixel in the image;
wherein the control circuit being configured to determine the cumulative illuminance value for the image comprises the control circuit being configured to add the illuminance value for the first pixel to a previous cumulative illuminance value for the image.
Claim 18 rejected like claim 4:
Re 18. (New), Casey of the combination of Casey-Ito teaches The sensor of claim 17, wherein the image comprises one or more unprocessed pixels, and wherein the control circuit is further configured to:
determine an illuminance value for a second pixel in the image, wherein the second pixel is one of the one or more unprocessed pixels; and
add the illuminance value for the second pixel to the cumulative illuminance value for the image.
Claim 19 rejected like claim 5:
Re 19. (New), Casey of the combination of Casey-Ito teaches The sensor of claim 17, wherein the control circuit being configured to determine the illuminance value for the first pixel in the image comprises the control circuit being configured to:
determine a luminance value for the first pixel;
determine a profile angle for the first pixel; and
calculate the illuminance value for the first pixel based on the luminance value and the profile angle.
Claim 20 is rejected like claim 6:
Re 20. (New), Casey of the combination of Casey-Ito teaches The sensor of claim 19, wherein the profile angle for the first pixel is defined as an angle of a projection of a line from the first pixel to a visible light sensor onto a vertical plane that is perpendicular to a window to which the motorized window treatment is attached.
Claim 21 rejected like claim 8:
Re 21. (New), Casey of the combination of Casey-Ito teaches The sensor of claim 19, wherein the first pixel is associated with an R intensity value, a G intensity value, and a B intensity value, and wherein the control circuit being configured to determine the luminance value comprises the control circuit being configured to calculate the luminance value based on the R intensity value, the G intensity value, and the B intensity value.
Claim 22 rejected like claim 9:
Re 22. (New), Casey of the combination of Casey-Ito teaches The sensor of claim 21, wherein the control circuit being configured to calculate the luminance value based on the R intensity value, the G intensity value, and the B intensity value comprises the control circuit being configured to:
multiply the R intensity value by a first constant to generate a weighted R intensity value;
multiply the G intensity value by a second constant to generate a weighted G intensity value;
multiply the B intensity value by a third constant to generate a weighted R intensity value; and
add the weighted R intensity value, the weighted G intensity value, and the weighted B intensity value to generate the luminance value.
Claim 26 is rejected like claims 3,17:
Re 26. (New), Casey of the combination of Casey-Ito teaches The non-transitory computer readable medium of claim 25, wherein the at least one pixel comprises a first pixel, and wherein the instructions, when executed by the control circuit, further cause the control circuit to:
determine an illuminance value for the first pixel in the image;
wherein the instructions causing the control circuit to determine the cumulative
illuminance value for the image comprises the instructions causing the control circuit to add the illuminance value for the first pixel to a previous cumulative illuminance value for the image.
Claim 27 rejected like claims 4,18:
Re 27. (New) , Casey of the combination of Casey-Ito teaches The non-transitory computer readable medium of claim 26, wherein the image comprises one or more unprocessed pixels, and wherein the instructions, when executed by the control circuit, further cause the control circuit to:
determine an illuminance value for the second pixel in the image, wherein the second pixel is one of the one or more unprocessed pixels; and
add the illuminance value for the second pixel to the cumulative illuminance value for the image.
Claim 28 rejected like claims 5,19:
Re 28. (New), , Casey of the combination of Casey-Ito teaches The non-transitory computer readable medium of claim 26, wherein the instructions causing the control circuit to determine the illuminance value for the first pixel in the image comprises the instructions causing the control circuit to:
determine a luminance value for the first pixel;
determine a profile angle for the first pixel; and
calculate the illuminance value for the first pixel based on the luminance value and the profile angle.
Claim 29 is rejected like claims 6,20:
Re 29. (New), Casey of the combination of Casey-Ito teaches The non-transitory computer readable medium of claim 28, wherein the profile angle for the first pixel is defined as an angle of a projection of a line from the first pixel to a visible light sensor onto a vertical plane that is perpendicular to a window to which the motorized window treatment is attached.
Claim 30 rejected like claims 8,21
Re 30. (New), Casey of the combination of Casey-Ito teaches The non-transitory computer readable medium of claim 28, wherein the first pixel is associated with an R intensity value, a G intensity value, and a B intensity value, and wherein the instructions causing the control circuit to determine the luminance value comprises the instructions causing the control circuit to calculate the luminance value based on the R intensity value, the G intensity value, and the B intensity value.
Claim 31 rejected like claims 9,22:
Re 31. (New), Casey of the combination of Casey-Ito teaches The non-transitory computer readable medium of claim 30, wherein the instructions causing the control circuit to calculate the luminance value based on the R intensity value, the G intensity value, and the B intensity value comprises the instructions causing the control circuit to:
multiply the R intensity value by a first constant to generate a weighted R intensity value;
multiply the G intensity value by a second constant to generate a weighted G intensity value;
multiply the B intensity value by a third constant to generate a weighted R intensity value; and
add the weighted R intensity value, the weighted G intensity value, and the weighted B intensity value to generate the luminance value.
Allowable Subject Matter
Claims 23,32 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:
MPEP 1302.14 Reasons for Allowance [R-01.2024]
I. REASONS FOR ALLOWANCE, 7th para:
Where specific reasons are recorded by the examiner, care must be taken to ensure that statements of reasons for allowance (or indication of allowable subject matter) are accurate, precise, and do not place unwarranted interpretations, whether broad or narrow, upon the claims. The examiner should keep in mind the possible misinterpretations of their statement that may be made and its possible effects. Each statement should include at least
(1) the major difference in the claims not found in the prior art of record, and
(2) the reasons why that difference is considered to define patentably over the prior art if either of these reasons for allowance is not clear in the record.
The statement is not intended to necessarily state all the reasons for allowance or all the details why claims are allowed and should not be written to specifically or impliedly state that all the reasons for allowance are set forth. Where the examiner has a large number of reasons for allowing a claim, it may suffice to state only the major or important reasons, being careful to so couch the statement. For example, a statement might start: "The primary reason for the allowance of the claims is the inclusion of the limitation in all the claims which is not found in the prior art references," with further amplification as necessary
Regarding (1), the major difference not found in the art under 35 USC 103 is claim 23’s and 32’s equation; and
Regarding (2), the equation is defining patentably over the art of controllers by improving the functioning of a computer/controller or technical field thereof under 35 USC 101, step 2A, prong 2: see above 35 USC 101 – Positive Statement.
Conclusion
The prior art “nearest to the subject matter defined in the claims” (MPEP 707.05) made of record and not relied upon is considered pertinent to applicant's disclosure.
The following table lists several references that are relevant to the subject matter claimed and disclosed in this Application. The references are not relied on by the Examiner, but are provided to assist the Applicant in responding to this Office action:
Citation
Relevance
IDS cited Casey et al. (US 2018/0252035 A1)
Casey teaches group light-intensity values:
[0045] The first visible light sensor 180 may also be configured to operate in the daylight sensor mode to measure a light intensity at a location of the space. For example, the first visible light sensor 180 may apply a digital mask to focus on only a specific location in the space (e.g., on a task surface, such as a table 106 as shown in FIG. 1) and may use a daylighting algorithm to measure the light intensity at the location. For example, the first visible light sensor 180 may be configured to apply a mask to focus on a region of interest that includes the surface of a desk. The first visible light sensor 180 may be configured to integrate15 light intensities values of the pixels of the image across the region of interest to determine a measured light intensity at the surface of the desk.
as the closest to the claimed “a cumulative16 illuminance value” of claim 2.
ITO (JP 2019-143304 A) with SEARCH machine translation corresponds to ITO (JP 2016-102399 A) as applied in the above rejection under 35 USC 103
ITO teaches “pixels17…as a threshold value” (i.e., pixels in the role, function, status of a threshold) via page 7, last txt blk:
As shown in FIG. 3, the control device 1 functions as an image acquisition unit 101, an image generation unit 102, a position calculation unit 103, a pixel determination unit 104, a threshold setting unit 105, an area determination unit 106, a solar radiation control unit 107, An opening control unit 108and a glare processing unit 109 are provided. The image acquisition unit 101 acquires a captured image captured by the imaging device 2. The image generation unit 102 generates a gradation image or a luminance distribution image based on the captured image acquired by the image acquisition unit 101.The position calculation unit 103 calculates the position of the slat region corresponding to the slat 41 of the electric blind 4and the reflector region corresponding to the reflector 5 in the gradation image or the luminance distribution image generated by the image generation unit 102. The pixel determination unit104 determines the pixels in the slat region based on the pixel value as a threshold value. The threshold setting unit 105 sets a threshold used for determination by the pixel determination unit 104. The area determination unit 106 determines the ratio of pixels determined by the pixel determination unit 104 based on the ratio as a threshold value. The solar radiation control unit 107 instructs the opening degree control unit 108 to execute solar radiation control, which will be described later, based on the determination result by the region determination unit 106. The glare processing unit 109 determines an evaluation value based on the pixels in the reflector region based on a predetermined threshold. When there is an instruction from the solar radiation control unit 107 or the glare processing unit 109, the opening degree control unit 108performs solar radiation control, and when there is no instruction, the opening degree control unit 108 is based on the preset altitude or direction of the sun. The main control for controlling the open / closed state is executed.
as the closest to the claimed “illuminance value for the image is greater than a first threshold” of claim 2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DENNIS ROSARIO whose telephone number is (571)272-7397. The examiner can normally be reached Monday-Friday, 9AM-5PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Henok Shiferaw can be reached at 571-272-4637. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DENNIS ROSARIO/Examiner, Art Unit 2676
/Henok Shiferaw/Supervisory Patent Examiner, Art Unit 2676
1 cumulative: increasing or growing by accumulation or successive additions, wherein accumulation is defined: act or state of accumulating; state of being accumulated, wherein accumulating is defined: to gather or collect, often in gradual degrees; heap up, wherein gather is defined: to bring together into one group (said “representative group luminance”: applicant’s disclosure, page 50, 2nd S, reproduced/boxed-in below), collection, or place (Dictionary.com)
2 pixel: The most basic unit of an image displayed on a computer or television screen or on a printer (claim 2 appears to use the computer/TV/printer as a tool to perform the method of claim 2). (Dictionary.com)
3 The
MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024]
"All words in a claim must be considered in judging the patentability of that claim against the prior art." In re Wilson, 424 F.2d 1382, 1385, 165 USPQ 494, 496 (CCPA 1970).
Examiners must consider all claim limitations when determining patentability of an invention over the prior art. In re Gulack, 703 F.2d 1381, 1385, 217 USPQ 401, 403-04 (Fed. Cir. 1983). The subject matter of a properly construed claim is defined by the terms that limit the scope of the claim when given their broadest reasonable interpretation. In Axonics, Inc. v. Medtronic, Inc., 73 F.4th 950, 958-59, 2023 USPQ2d 795 (Fed. Cir. 2023), the court found the claims were improperly narrowed based on a preferred embodiment to sacral anatomy or sacral neuromodulation, whereas the patent claims made no reference to sacral anatomy or sacral neuromodulation. Thus, the relevant prior art was improperly limited to a narrow subset of claim scope. See also MPEP § 2111 et seq. It is the subject matter of the properly construed claim that must be examined. The determination of whether particular language is a limitation in a claim depends on the specific facts of the case. See, e.g., Griffin v. Bertina, 285 F.3d 1029, 1034, 62 USPQ2d 1431 (Fed. Cir. 2002).
As a general matter, the grammar and ordinary meaning of terms as understood by one having ordinary skill in the art used in a claim will dictate whether, and to what extent, the language limits the claim scope. Language that suggests or makes a feature or step optional but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 1298, 92 USPQ2d 1163, 1171 (Fed. Cir. 2009).
The following types of claim language may raise a question as to its limiting effect (this list is not exhaustive):
• preamble (MPEP § 2111.02);
• clauses such as "adapted to," adapted for," "wherein," and "whereby" (MPEP § 2111.04, subsection I);
• contingent limitations (MPEP § 2111.04, subsection II);
• printed matter (MPEP § 2111.05); and
• functional language associated with a claim term (MPEP § 2181).
4 illuminance: Optics. illumination. (Dictionary.com)
5 -ance: a suffix used to form nouns (illuminance) either from adjectives ending in -ant or from verbs (illumin-ate: illumin-ance). (Dictionary.com)
6 pixel: The most basic unit of an image displayed on a computer or television screen or on a printer. Pixels are generally arranged in rows and columns; a given combination among the pixels of various brightness and color values forms an image, wherein brightness is defined: Optics. the luminance of a body, apart from its hue or saturation, that an observer uses to determine the comparative luminance of another body. Pure white has the maximum brightness, and pure black the minimum brightness, wherein luminance is defined: the state or quality of being luminous, wherein luminous is defined: lighted up or illuminated; well-lighted, wherein illuminated is defined: having undergone illumination. (Dictionary.com)
7 “illuminance” and “pixel” is an identity, i.e., an assertion that “illuminance” and “pixel” are terms referring to/meaning the same thing (“illumination”): (Dictionary.com: identity); thus, I am interpreting/asserting that “illuminance” and “pixel” (a camera/display pixel can receive/transmit light) as terms that are interchangeable.
8 MEANING AND PURPOSE of claim 2 is “for a motorized window treatment to be adjusted to remove the glare”
9 second: alternate; other (Dictionary.com)
10 “A non-transitory computer-readable medium” is given plain meaning in view of applicant’s disclosure:
[0091] FIG. 3 is a simplified block diagram of an example visible light sensor 300, which
may be deployed as one or both of the visible light sensors 180, 182 of the load control system 100 shown in FIG. 1 and/or the visible light sensor 210 of FIG. 2. The visible light sensor 300 may comprise a control circuit 310, for example, a microprocessor, a programmable logic device (PLD), a microcontroller, an application specific integrated circuit (ASIC), a field-programmable gate array (FPGA), or any suitable processing device. The control circuit 310 may be coupled to a memory 312 for storage of sensor events, masks, operational characteristics, etc. of the visible light sensor 300. The memory 312 may be implemented as an external integrated circuit (IC) or as an internal circuit of the control circuit 310. The memory 312 may comprise a computer-readable storage media or machine-readable storage media that maintains a device dataset of associated device identifiers, network information, and/or computer-executable instructions for performing as described herein. For example, the memory 312 may comprise computer-executable instructions or machine-readable instructions that include one or more portions of the procedures described herein. For example, the computer-executable instructions or machine-readable instructions may, when executed, cause the control circuit 310 to perform one or more of the procedures 700, 800, 850, 900, 1000, 1100, 1300, 1400, 1600, 1700, 1900, and/or 2100.
[00202] The control circuit 2201 may be communicatively coupled to a memory 2202 to store
information in and/or retrieve information from the memory 2202. The memory 2202 may comprise a computer-readable storage media or machine-readable storage media that maintains a device dataset of associated device identifiers, network information, and/or computer-executable instructions for performing as described herein. For example, the memory 2202 may comprise computer-executable instructions or machine-readable instructions that include one or more portions of the procedures described herein. For example, the computer-executable instructions or machine- readable instructions may, when executed, cause the control circuit 2201 to perform one or more of the procedures 700, 800, 850, 900, 1000, 1100, 1300, 1400, 1600, 1700, 1900, and/or 2100. The control circuit 2201 may access the instructions from memory 2202 for being executed to cause the control circuit 2201 to operate as described herein, or to operate one or more other devices as described herein. The memory 2202 may comprise computer-executable instructions for executing configuration software. For example, the computer-executable instructions may be executed to display a GUI for copying and pasting one or more settings as described herein. The computer- executable instructions may be executed to perform procedures 500 and/or 600 as described herein. Further, the memory 2202 may have stored thereon one or more settings and/or control parameters associated with the device 2200.
[00203] The memory 2202 may include a non-removable memory and/or a removable memory. The non-removable memory may include random-access memory (RAM), read-only memory (ROM), a hard disk, or any other type of non-removable memory storage. The removable memory may include a subscriber identity module (SIM) card, a memory stick, a memory card, or any other type of removable memory. The memory 2202 may be implemented as an external integrated circuit (IC) or as an internal circuit of the control circuit 2201.
[00215] The control circuit 2301 may be communicatively coupled to a memory 2302 to store
information in and/or retrieve information from the memory 2302. The memory 2302 may comprise a computer-readable storage media or machine-readable storage media that maintains a device dataset of associated device identifiers, network information, and/or computer-executable instructions for performing as described herein. For example, the memory 182 may comprise computer-executable instructions or machine-readable instructions that include one or more portions of the procedures described herein. The memory 2302 may have stored thereon one or more settings and/or control parameters associated with the device 2300. For example, the memory 2302 may have stored thereon one or more associations between control parameters and respective settings. The settings may be updated as described herein.
[00216] The control circuit 2301 may access the instructions from memory 2302 for being
executed to cause the control circuit 2301 to operate as described herein, or to operate one or more devices as described herein. The memory 2302 may include a non-removable memory and/or a removable memory. The non-removable memory may include random-access memory (RAM), read-only memory (ROM), a hard disk, or any other type of non-removable memory storage. The removable memory may include a subscriber identity module (SIM) card, a memory stick, a memory card, or any other type of removable memory. The memory 2302 may be implemented as an external integrated circuit (IC) or as an internal circuit of the control circuit 2301.
[00223] Although features and elements are described herein in particular combinations, each
feature or element can be used alone or in any combination with the other features and elements. For example, the functionality described herein may be described as being performed by a control device, such as a remote control device or a lighting device, but may be similarly performed by a hub device or a network device. The methods described herein may be implemented in a computer program, software, or firmware incorporated in one or more computer-readable media for execution by a computer or processor. Examples of computer-readable media include electronic signals (transmitted over wired or wireless connections) and computer-readable storage media. Examples of computer-readable storage media include, but are not limited to, a read only memory (ROM), a random access memory (RAM), removable disks, and optical media such as CD-ROM disks, and digital versatile disks (DVDs).
11 “intensity” gives MEANING AND PURPOSE (“for a motorized window treatment to be adjusted to remove the glare”) to the manipulative steps (i.e., the preamble) of claim 2: intensity: the strength or sharpness of a color due especially to its degree of freedom from admixture with its complementary color, wherein strength is defined: a particular proportion or concentration of these properties; intensity, as of light, color, sound, flavor, or odor, wherein light is defined: something that makes things visible or affords illumination, wherein illumination is defined: Also called illuminance (in claim 2). Also called intensity of illumination. Optics. the intensity of light falling at a given place on a lighted surface; the luminous flux incident per unit area, expressed in lumens per unit of area. (Dictionary.com)
12 weight: importance, moment, consequence, or effective influence. Synonyms: significance, import, efficacy, power, effect (Dictionary.com)
13 intensity: the strength or sharpness of a color due especially to its degree of freedom from admixture with its complementary color, wherein strength is defined: a positive or valuable attribute or quality, wherein valuable is defined: of considerable use, service, or importance. (Dictionary.com)
14 “weighted” and “intensity” is an identity. Thus I am interpreting/asserting that the terms “weighted” and “intensity” refer to/mean the same thing: “importance”.
15 integrate: to bring together or incorporate (parts) into a whole, wherein together is defined: into or in one gathering, company, mass, place, or body, wherein gathering is defined: an assemblage of people; group or crowd. (Dictionary.com)
16 cumulative: increasing or growing by accumulation or successive additions, wherein accumulation is defined: act or state of accumulating; state of being accumulated, wherein accumulating is defined: to gather or collect, often in gradual degrees; heap up, wherein gather is defined: to bring together into one group (said “representative group luminance”: applicant’s disclosure, page 50, 2nd S, reproduced/boxed-in above), collection, or place (Dictionary.com)
17 “illuminance” and “pixel” is an identity, i.e., an assertion that “illuminance” and “pixel” are terms referring to/meaning the same thing (“illumination”): (Dictionary.com: identity); thus, I am interpreting/asserting that “illuminance” and “pixel” as terms that are interchangeable.
