DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3, 11 to 13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (2018/0134116) in view of Berkey et al. (2019/0239757; cited in parent case).
Chen et al. (‘116) reveals:
per claims 1, 12, and 13, an apparatus [e.g., FIG. 1] comprising: a processing system [e.g., 100] including at least one processor [e.g., 108]; and a computer-readable medium [e.g., 110, claim 15, etc.] storing instruction that, when executed by the processing system when deployed in a carrier transport vehicle [e.g., FIG. 4, vehicles such as planes, trains, etc. in paragraph [0031]], cause the processing system to perform operations, a non-transitory computer-readable medium [e.g., paragraph [0059], claim 15, etc.] storing instructions that, when executed by a processing system including at least one processor, cause the processing system to perform operations when deployed in a carrier transport vehicle, and a method [e.g., claim 8] including operations performed by a processing system,
the operations comprising:
establishing a wireless communication session with a mobile device of a user [e.g., paragraph [0034], that the occupant has an elevated body temperature, as determined via a mobile or wearable device, via a BLUETOOTH® or other wireless connection; see also step 1304, where stress and fatigue levels are determined, e.g., from wearable computing devices (paragraph [0051])];
assigning a zone [e.g., each seat in FIG. 4; e.g., paragraph [0039], “As discussed above, the vehicle can be divided into respective zones (e.g., rear right side, rear center, rear left side, driver side, front passenger side) and information regarding the respective zones and occupants therein can be collected (e.g., via sensors 104, 408 and context component 106) and the collected information analyzed by the comfort model component 116 to infer or determine respective occupant comfort in the zones.”] of the carrier transport vehicle to the user [e.g., paragraph [0039], “The sensors 104, along with pattern recognition component 302 can facilitate identifying which family member is seated in a particular seat”], the zone including a plurality of [e.g., the sensor(s) 104 including cameras, the comfort model component 116, the comfort controller component 120, etc. in FIG. 3, as network devices; wherein “the comfort controller component 120 can adjust temperature by raising temperature slightly, reduce force of fans blowing air on occupant, slow down or cease the seat massage, change volume of music, etc.” (paragraph [0034]); and wherein e.g., the fans, blowers, vents, air conditioner, heater, humidifier, de-humidifier, lights, seat warmers, seat coolers, etc. (paragraph [0033]) are obviously connected to the comfort controller component 120 that is on the network in FIG. 3 and are thus network-connected devices vis-à-vis how they are controlled by the comfort controller component 120; see also paragraphs [0031][1], [0033], [0039], etc.], wherein the plurality of network-connected devices includes at least one biometric sensor of the zone of the carrier transport vehicle [e.g., the camera 404 for each seat in FIG. 4], wherein the at least one biometric sensor of the zone of the carrier transport vehicle comprises a camera [e.g., paragraph [0038], “A set of the sensors 104 can include cameras that collect image data inside and outside of the vehicle. The pattern recognition component 302 can be employed to identify occupants, collect facial expression information that can be analyzed by the comfort model component 116 to assess state of occupant(s), e.g., tired, hot, cold, sleepy, alert, sad, happy, nervous, stressed, etc.”; see also paragraph [0039], “Cameras 404 can be situated about the vehicle cabin to collect image information. Vents/blowers 406 can be situated throughout the vehicle to facilitate temperature regulation as well as humidity. Additional sensors 408 can be located at various locations within and outside of the vehicle cabin. These sensors can collect information regarding state of the vehicle and/or occupants (e.g., temperature, light, moisture, pressure, weight, ice formation, noise, etc.)”];
determining at least one biometric [e.g., at paragraph [0034], determining via the mobile or wearable device (via a BLUETOOTH® or other wireless connection ) that the occupant has an elevated body temperature, etc. as context information, wherein the context component 106 shares this context information with the comfort model component 116 that can, based on analyses, output one or more recommendations that can be utilized by the comfort controller component 120 to adjust environmental conditions of the vehicle to facilitate achieving occupant comfort; and wherein body sensors 814 measure e.g., “body temperature, blood pressure, heart rate, glucose level, fatigue, drowsiness, alertness . . .” (paragraph [0044])];
obtaining biometric data of the user from the at least one biometric [e.g., paragraphs [0034], [0051], etc., to obtain the elevated occupant temperature, stress level, fatigue level, etc.] and from the at least one biometric sensor of the zone of the carrier transport vehicle [e.g., paragraph [0038] to collect the facial expression information from the cameras 104; wherein cameras (404) are obviously situated about the vehicle cabin to collect image information, as shown in FIG. 4], wherein the biometric data of the user comprises at least one image of a face of the user obtained via the camera [e.g., paragraph [0038], “A set of the sensors 104 can include cameras that collect image data inside and outside of the vehicle. The pattern recognition component 302 can be employed to identify occupants, collect facial expression information that can be analyzed by the comfort model component 116 to assess state of occupant(s), e.g., tired, hot, cold, sleepy, alert, sad, happy, nervous, stressed, etc.”];
determining a condition of the user based upon the biometric data [e.g., in paragraph [0034], determine if the occupant has an elevated temperature, or is stressed or fatigued; and determine in paragraph [0038] from pattern recognition in his/her facial expression as analyzed by the comfort model component 116 that the occupant is tired, hot, cold, sleepy, alert, sad, happy, nervous, stressed, etc.] wherein the condition of the user comprises a first mood [e.g., stressed, fatigued, tired, hot, cold, sleepy, alert, sad, happy, nervous, etc.; and/or “mood” at paragraph [0051]; with the examiner additionally understanding that “mood” obviously includes feelings related to comfort levels, e.g., hot, cold, etc.], wherein the determining the condition of the user based upon the biometric data is via at least one machine learning model [e.g., paragraph [0033], “A comfort model component 116 can be an explicitly and/or implicitly trained machine learning component trained to determine and/or infer level of occupant comfort and can determine and/or infer adjustments to environment of the vehicle to facilitate occupant comfort”; see also paragraphs [0043], [0045] to [0047], [0052], FIGS. 6 to 13, etc.] for detecting the first mood in accordance with the biometric data comprising the at least one image of the face of user as input features [e.g., paragraph [0038], pattern recognition is his/her facial expression, as analyzed by the comfort model component, to determine the occupant state/comfort level];
identifying at least one adjustment to at least one of the plurality of network-connected devices in response to the condition of the user that is determined [e.g., paragraph [0038], “The pattern recognition component 302 can be employed to . . . collect facial expression information that can be analyzed by the comfort model component 116 to assess state of occupant(s), e.g., tired, hot, cold, sleepy, alert, sad, happy, nervous, stressed, etc. Based on such determination or inference, the comfort model component 116 can generate recommendations to the comfort controller component 120 to adjust vehicle environment”; see also paragraph [0034], “For example, the comfort model component 116, based on occupant context information regarding just completing hot yoga, having elevated body temperature, being under some stress and in a slight rush, can generate an inference that the occupant will need a cooler cabin temperature than normal in order to be quickly cooled down and feel comfortable. Additionally, the comfort model component 116 can activate the in seat massage components built into the driver's seat of the vehicle as well as play relaxing music, adjust shock absorbers to provide a softer ride, and adjust lighting in the cabin to effect a calming vehicle environment. The context component 106, and sensors 104 can continually collect data that is analyzed by the comfort model component 116, which will generate determinations or inferences regarding level of occupant comfort. The comfort controller component 120 can continually adjust vehicle environmental conditions to maintain occupant comfort. For example, as the occupant is starting to cool down, the comfort controller component 120 can adjust temperature by raising temperature slightly, reduce force of fans blowing air on occupant, slow down or cease the seat massage, change volume of music, etc.”; see also paragraph [0037], “Additionally, if the comfort model component 116 determines or infers that a driver of the vehicle is fatigued or drowsy, the comfort model component 116 can drive the comfort controller component 120 to make adjustments to the environment (e.g., decrease temperature, increase stereo volume, increase brightness of display and vehicle interior, etc.) to increase level of alertness of the driver”; see also paragraphs [0039], etc., e.g., “As discussed above, the vehicle can be divided into respective zones (e.g., rear right side, rear center, rear left side, driver side, front passenger side) and information regarding the respective zones and occupants therein can be collected (e.g., via sensors 104, 408 and context component 106) and the collected information analyzed by the comfort model component 116 to infer or determine respective occupant comfort in the zones. Based on the inference or determination, the comfort model component can direct the comfort controller component 120 to adjust environmental conditions (e.g., seat position, seat temperature, blower intensity, zone temperature, zone moisture level, zone noise level, music volume, zone lighting, massage, window tint, visor position, heads-up display, entertainment, wireless signal strength, video, entertainment choices, headset volume, display features, etc.) in respective zones to facilitate occupant comfort in each zone.”], wherein the identifying the at least one adjustment is based upon an output of a thermal preference model [e.g., the comfort model component 116], wherein the thermal preference model is configured to generate the output comprising a comfort level of the user based upon a plurality of inputs comprising: the condition of the user that is determined and a temperature of the zone [e.g., paragraph [0039], “As discussed above, the vehicle can be divided into respective zones (e.g., rear right side, rear center, rear left side, driver side, front passenger side) and information regarding the respective zones and occupants therein can be collected (e.g., via sensors 104, 408 and context component 106) and the collected information analyzed by the comfort model component 116 to infer or determine respective occupant comfort in the zones. Based on the inference or determination, the comfort model component can direct the comfort controller component 120 to adjust environmental conditions (e.g., seat position, seat temperature, blower intensity, zone temperature, zone moisture level, zone noise level, music volume, zone lighting, massage, window tint, visor position, heads-up display, entertainment, wireless signal strength, video, entertainment choices, headset volume, display features, etc.) in respective zones to facilitate occupant comfort in each zone. For example, a family enters the vehicle cabin 400 and the context component 106 can determine that the family is going on an 8 hour car trip to a vacation destination. The sensors 104, along with pattern recognition component 302 can facilitate identifying which family member is seated in a particular seat . The comfort model component 116 can utilize profiles generated by the profile component 202 to generate inferences and determinations regarding suitable environmental conditions for each passenger in their respective zones to facilitate comfort for each family member. Based in part on output from the comfort model component 116, the comfort controller component 120 can adjust each zone respectively to facilitate occupant comfort, e.g., configure seat positions based passenger preferences and context, regulate temperature and humidity in each zone, control type and volume and display of entertainment per passenger preference. The system 100 can continually monitor occupant state, context and comfort levels and dynamically adjust environmental conditions. For instance, if the rear passengers fall asleep, the comfort controller component 120 can raise temperature in the rear, reduce lighting, reduce volume of music, decline seats, etc. to facilitate sound sleeping comfort”; see also paragraph [0040], “FIG. 5 illustrates various example, non-limiting body parameters 510 (e.g., blood pressure, heart rate, pulse, skin temperature, respiratory rates, skin humidity, blood oxygen saturation . . . ) and contextual parameters 512 (e.g., in/out car air temperature, in/out car humidity, in/out car pm2 5/TVOC, in/out car db value, in/out car light intensity . . . ) that can be utilized to assess diving car comfort index 514 and regulate car comfort facilities 516”; see also Table 1 and paragraphs [0037], [0050], etc.]; and
applying the at least one adjustment to the at least one of the plurality of network-connected devices to change at least one environmental condition of the zone [e.g., final step in FIG. 13 (“If No, an environmental regulation system (e.g., comfort controller component 120) is utilized to adjust environmental conditions until the occupant is deemed or inferred to be comfortable”, paragraph [0053]); see also paragraphs [0039], [0040], etc.], wherein the at least one of the plurality of network-connected devices that is adjusted comprises at least one of: a humidistat, a thermostat, a fan, an oxygen source, a light source, a window shade, or a privacy screen [e.g., final step in FIG. 13; see also paragraph [0039], “the comfort model component can direct the comfort controller component 120 to adjust environmental conditions (e.g., seat position, seat temperature, blower intensity, zone temperature, zone moisture level, zone noise level, music volume, zone lighting, massage, window tint, visor position, heads-up display, entertainment, wireless signal strength, video, entertainment choices, headset volume, display features, etc.) in respective zones to facilitate occupant comfort in each zone”];
It may be alleged that the fans, blowers, vents, air conditioner, heater, humidifier, de-humidifier, lights, seat warmers, seat coolers, etc. (paragraph [0033]), collectively “devices”, in Chen et al. (‘116) are not disclosed as “network-connected”2, or that the mobile/wearable computing device(s) are not disclosed as having access to a “biometric sensor”, although the fans, blowers, vents, etc. are disclosed as being controlled by (and obviously connected to, by electrical links) the comfort controller component 120 which is network-connected (FIG. 1) e.g., via a bus 102, and that the controller and the mobile/wearable computing device can determine that the occupant has an elevated body temperature, and this would implicitly or obviously include sensing the elevated body temperature with a sensor at the mobile/wearable computing device. Regarding claim 11, it may be alleged that Chen et al. (‘116) does not reveal that the occupant would have been in a different zone, although the examiner understands that it would have been trivially obvious for the occupant to change seats/zones within the vehicle, e.g., either in a single trip (e.g., obviously because it was desired to sleep or talk or work in a rear seat) or on a future trip (because the previous seat was occupied), when the occupant was a frequent occupant (e.g., paragraph [0036], claim 5, etc.).
However, in the context/field of an improved passenger comfort system, Berkey et al. (‘757) teaches that vehicle lighting, climate, seat, and window tint systems 334 to 340 are connected to the vehicle computing system 308 over a bus 332 (138), wherein inputs from the passenger effected by manipulating controls in the passenger cabin are fed back from the vehicle computer system 308 to a passenger comfort application over a wireless communication link 328 and communication between the vehicle computer system and other data processing systems or devices may be via communications unit 910 that utilizes a network interface card (paragraph [0120]), and that a wearable device (128, 302) includes e.g., a heart rate sensor 312 and a temperature sensor 314 for determining passenger states (FIG. 4). Berkey et al. (‘757) also teaches that passenger comfort preferences may be adjusted and used “for a future flight (operation 616)” (paragraph [0104]), and that the passenger’s mobile device connects to the aircraft computer system when passenger mobile device is sufficiently close to a near-field communications reader in an arm rest for the passenger seat to establish a communications link (paragraph [0096]).
It would have been obvious before the effective filing date of the claimed invention to implement or modify the Chen et al. (‘116) vehicle occupant comfort system so that the fans, blowers, vents, air conditioner, heater, humidifier, de-humidifier, lights, seat warmers, seat coolers, etc. (paragraph [0033]), collectively “devices”, in Chen et al. (‘116) were network-connected devices, either by reason of the comfort controller component 120 that controlled the devices being network-connected (e.g., FIG. 1, paragraphs [0031], [0032], etc.) or by reason of the devices being connected (for bi-directional communication) over a bus (138, 332) with the vehicle computer system (110, 308) for control and feedback, as taught by Berkey et al. (‘757), in order to allow the devices to be controlled and to provide feedback of changes to settings/preferences made by the occupant, and so that the mobile/wearable computing device from which it was determined that the occupant had an elevated body temperature and/or was exhausted (paragraph [0034]) as context in Chen et al. (‘116) would have been provided with biometric sensors including e.g., a heart rate sensor, a temperature sensor, etc., as taught by Berkey et al. (‘757) in order to sense the occupant state as context for use in control of the devices, with a reasonable expectation of success, and e.g., as a use of a known technique to improve similar devices (methods, or products) in the same way.
Regarding claim 11, it would have been obvious before the effective filing date of the claimed invention to implement or modify the Chen et al. (‘116) vehicle occupant comfort system so that the occupant would have been a high frequency occupant with a determined comfort profile, as taught by Chen et al. (‘116) at paragraphs [0036], claim 5, etc., and so that, after driving or riding in one zone/seat with environmental conditions being adjusted so as to be comfortable for him in accordance with his comfort profile, the frequent occupant would have ridden again in the vehicle, in a different zone/seat, and (e.g., different) environmental devices would have been adjusted in the vehicle to adjust his environmental conditions so as to be comfortable for him, as taught by Chen et al. (‘116), with a reasonable expectation of success, and e.g., as a use of a known technique to improve similar devices (methods, or products) in the same way.
As such, the implemented or modified Chen et al. (‘116) vehicle occupant comfort system would have rendered obvious:
per claims 1, 12, and 13, an apparatus [e.g., in Chen et al. (‘116), FIG. 1] comprising: a processing system [e.g., in Chen et al. (‘116), 100] including at least one processor [e.g., in Chen et al. (‘116), 108]; and a computer-readable medium [e.g., in Chen et al. (‘116), 110, claim 15, etc.] storing instruction that, when executed by the processing system when deployed in a carrier transport vehicle [e.g., in Chen et al. (‘116), FIG. 4, vehicles such as planes, trains, etc. in paragraph [0031]], cause the processing system to perform operations, a non-transitory computer-readable medium [e.g., in Chen et al. (‘116), paragraph [0059], claim 15, etc.] storing instructions that, when executed by a processing system including at least one processor, cause the processing system to perform operations when deployed in a carrier transport vehicle, and a method [e.g., in Chen et al. (‘116), claim 8] including operations performed by a processing system,
the operations comprising:
establishing a wireless communication session with a mobile device of a user [e.g., in Chen et al. (‘116), paragraph [0034], that the occupant has an elevated body temperature, as determined via a mobile or wearable device, via a BLUETOOTH® or other wireless connection; see also step 1304, where stress and fatigue levels are determined, e.g., from wearable computing devices (paragraph [0051])];
assigning a zone [e.g., in Chen et al. (‘116), each seat in FIG. 4; e.g., paragraph [0039], “As discussed above, the vehicle can be divided into respective zones (e.g., rear right side, rear center, rear left side, driver side, front passenger side) and information regarding the respective zones and occupants therein can be collected (e.g., via sensors 104, 408 and context component 106) and the collected information analyzed by the comfort model component 116 to infer or determine respective occupant comfort in the zones.”] of the carrier transport vehicle to the user [e.g., in Chen et al. (‘116), paragraph [0039], “The sensors 104, along with pattern recognition component 302 can facilitate identifying which family member is seated in a particular seat”], the zone including a plurality of network-connected devices [e.g., in Chen et al. (‘116), the sensor(s) 104 including cameras, the comfort model component 116, the comfort controller component 120, etc. in FIG. 3, as network-connected devices; wherein “the comfort controller component 120 can adjust temperature by raising temperature slightly, reduce force of fans blowing air on occupant, slow down or cease the seat massage, change volume of music, etc.” (paragraph [0034]); and wherein e.g., the fans, blowers, vents, air conditioner, heater, humidifier, de-humidifier, lights, seat warmers, seat coolers, etc. (paragraph [0033]) in Chen et al. (‘116) are obviously connected to the comfort controller component 120 that is on the network in FIG. 3 and are thus network-connected devices vis-à-vis how they are controlled by the comfort controller component 120; see also paragraphs [0031][3], [0033], [0039], etc.; and the vehicle systems 140, 308, etc. and the mobile/wearable devices 120, 128, 302, 304 of Berkey et al. (‘757) that are taught as being connected or obviously connected to the vehicle computer system via networks, bi-directional buses, etc.], wherein the plurality of network-connected devices includes at least one biometric sensor of the zone of the carrier transport vehicle [e.g., in Chen et al. (‘116), the camera 404 for each seat in FIG. 4], wherein the at least one biometric sensor of the zone of the carrier transport vehicle comprises a camera [e.g., in Chen et al. (‘116), paragraph [0038], “A set of the sensors 104 can include cameras that collect image data inside and outside of the vehicle. The pattern recognition component 302 can be employed to identify occupants, collect facial expression information that can be analyzed by the comfort model component 116 to assess state of occupant(s), e.g., tired, hot, cold, sleepy, alert, sad, happy, nervous, stressed, etc.”; see also paragraph [0039], “Cameras 404 can be situated about the vehicle cabin to collect image information. Vents/blowers 406 can be situated throughout the vehicle to facilitate temperature regulation as well as humidity. Additional sensors 408 can be located at various locations within and outside of the vehicle cabin. These sensors can collect information regarding state of the vehicle and/or occupants (e.g., temperature, light, moisture, pressure, weight, ice formation, noise, etc.)”];
determining at least one biometric sensor accessible via the mobile device of the user [e.g., in Chen et al. (‘116), at paragraph [0034], determining via the mobile or wearable device (via a BLUETOOTH® or other wireless connection ) that the occupant has an elevated body temperature, etc. as context information, wherein the context component 106 shares this context information with the comfort model component 116 that can, based on analyses, output one or more recommendations that can be utilized by the comfort controller component 120 to adjust environmental conditions of the vehicle to facilitate achieving occupant comfort; and wherein body sensors 814 measure e.g., “body temperature, blood pressure, heart rate, glucose level, fatigue, drowsiness, alertness . . .” (paragraph [0044]); and the heart rate sensor 312 and the temperature sensor 314 in the wearable device 302, 128 of Berkey et al. (‘757) for determining passenger states (FIG. 4)];
obtaining biometric data of the user from the at least one biometric sensor accessible via the mobile device of the user [e.g., in Chen et al. (‘116), paragraphs [0034], [0051], etc., to obtain the elevated occupant temperature, stress level, fatigue level, etc.; and the heart rate sensor 312 and the temperature sensor 314 in the wearable device 302, 128 of Berkey et al. (‘757) for determining passenger states (FIG. 4)] and from the at least one biometric sensor of the zone of the carrier transport vehicle [e.g., in Chen et al. (‘116), paragraph [0038] to collect the facial expression information from the cameras 104; wherein cameras (404) are obviously situated about the vehicle cabin to collect image information, as shown in FIG. 4], wherein the biometric data of the user comprises at least one image of a face of the user obtained via the camera [e.g., in Chen et al. (‘116), paragraph [0038], “A set of the sensors 104 can include cameras that collect image data inside and outside of the vehicle. The pattern recognition component 302 can be employed to identify occupants, collect facial expression information that can be analyzed by the comfort model component 116 to assess state of occupant(s), e.g., tired, hot, cold, sleepy, alert, sad, happy, nervous, stressed, etc.”];
determining a condition of the user based upon the biometric data [e.g., in Chen et al. (‘116), in paragraph [0034], determine if the occupant has an elevated temperature, or is stressed or fatigued; and determine in paragraph [0038] from pattern recognition in his/her facial expression as analyzed by the comfort model component 116 that the occupant is tired, hot, cold, sleepy, alert, sad, happy, nervous, stressed, etc.] wherein the condition of the user comprises a first mood [e.g., in Chen et al. (‘116), stressed, fatigued, tired, hot, cold, sleepy, alert, sad, happy, nervous, etc.; and/or “mood” at paragraph [0051]; with the examiner additionally understanding that “mood” obviously includes feelings related to comfort levels, e.g., hot, cold, etc.], wherein the determining the condition of the user based upon the biometric data is via at least one machine learning model [e.g., in Chen et al. (‘116), paragraph [0033], “A comfort model component 116 can be an explicitly and/or implicitly trained machine learning component trained to determine and/or infer level of occupant comfort and can determine and/or infer adjustments to environment of the vehicle to facilitate occupant comfort”; see also paragraphs [0043], [0045] to [0047], [0052], FIGS. 6 to 13, etc.] for detecting the first mood in accordance with the biometric data comprising the at least one image of the face of user as input features [e.g., in Chen et al. (‘116), paragraph [0038], pattern recognition is his/her facial expression, as analyzed by the comfort model component, to determine the occupant state/comfort level];
identifying at least one adjustment to at least one of the plurality of network-connected devices in response to the condition of the user that is determined [e.g., in Chen et al. (‘116), paragraph [0038], “The pattern recognition component 302 can be employed to . . . collect facial expression information that can be analyzed by the comfort model component 116 to assess state of occupant(s), e.g., tired, hot, cold, sleepy, alert, sad, happy, nervous, stressed, etc. Based on such determination or inference, the comfort model component 116 can generate recommendations to the comfort controller component 120 to adjust vehicle environment”; see also paragraph [0034], “For example, the comfort model component 116, based on occupant context information regarding just completing hot yoga, having elevated body temperature, being under some stress and in a slight rush, can generate an inference that the occupant will need a cooler cabin temperature than normal in order to be quickly cooled down and feel comfortable. Additionally, the comfort model component 116 can activate the in seat massage components built into the driver's seat of the vehicle as well as play relaxing music, adjust shock absorbers to provide a softer ride, and adjust lighting in the cabin to effect a calming vehicle environment. The context component 106, and sensors 104 can continually collect data that is analyzed by the comfort model component 116, which will generate determinations or inferences regarding level of occupant comfort. The comfort controller component 120 can continually adjust vehicle environmental conditions to maintain occupant comfort. For example, as the occupant is starting to cool down, the comfort controller component 120 can adjust temperature by raising temperature slightly, reduce force of fans blowing air on occupant, slow down or cease the seat massage, change volume of music, etc.”; see also paragraph [0037], “Additionally, if the comfort model component 116 determines or infers that a driver of the vehicle is fatigued or drowsy, the comfort model component 116 can drive the comfort controller component 120 to make adjustments to the environment (e.g., decrease temperature, increase stereo volume, increase brightness of display and vehicle interior, etc.) to increase level of alertness of the driver”; see also paragraphs [0039], etc., e.g., “As discussed above, the vehicle can be divided into respective zones (e.g., rear right side, rear center, rear left side, driver side, front passenger side) and information regarding the respective zones and occupants therein can be collected (e.g., via sensors 104, 408 and context component 106) and the collected information analyzed by the comfort model component 116 to infer or determine respective occupant comfort in the zones. Based on the inference or determination, the comfort model component can direct the comfort controller component 120 to adjust environmental conditions (e.g., seat position, seat temperature, blower intensity, zone temperature, zone moisture level, zone noise level, music volume, zone lighting, massage, window tint, visor position, heads-up display, entertainment, wireless signal strength, video, entertainment choices, headset volume, display features, etc.) in respective zones to facilitate occupant comfort in each zone.”], wherein the identifying the at least one adjustment is based upon an output of a thermal preference model [e.g., in Chen et al. (‘116), the comfort model component 116], wherein the thermal preference model is configured to generate the output comprising a comfort level of the user based upon a plurality of inputs comprising: the condition of the user that is determined and a temperature of the zone [e.g., in Chen et al. (‘116), paragraph [0039], “As discussed above, the vehicle can be divided into respective zones (e.g., rear right side, rear center, rear left side, driver side, front passenger side) and information regarding the respective zones and occupants therein can be collected (e.g., via sensors 104, 408 and context component 106) and the collected information analyzed by the comfort model component 116 to infer or determine respective occupant comfort in the zones. Based on the inference or determination, the comfort model component can direct the comfort controller component 120 to adjust environmental conditions (e.g., seat position, seat temperature, blower intensity, zone temperature, zone moisture level, zone noise level, music volume, zone lighting, massage, window tint, visor position, heads-up display, entertainment, wireless signal strength, video, entertainment choices, headset volume, display features, etc.) in respective zones to facilitate occupant comfort in each zone. For example, a family enters the vehicle cabin 400 and the context component 106 can determine that the family is going on an 8 hour car trip to a vacation destination. The sensors 104, along with pattern recognition component 302 can facilitate identifying which family member is seated in a particular seat . The comfort model component 116 can utilize profiles generated by the profile component 202 to generate inferences and determinations regarding suitable environmental conditions for each passenger in their respective zones to facilitate comfort for each family member. Based in part on output from the comfort model component 116, the comfort controller component 120 can adjust each zone respectively to facilitate occupant comfort, e.g., configure seat positions based passenger preferences and context, regulate temperature and humidity in each zone, control type and volume and display of entertainment per passenger preference. The system 100 can continually monitor occupant state, context and comfort levels and dynamically adjust environmental conditions. For instance, if the rear passengers fall asleep, the comfort controller component 120 can raise temperature in the rear, reduce lighting, reduce volume of music, decline seats, etc. to facilitate sound sleeping comfort”; see also paragraph [0040], “FIG. 5 illustrates various example, non-limiting body parameters 510 (e.g., blood pressure, heart rate, pulse, skin temperature, respiratory rates, skin humidity, blood oxygen saturation . . . ) and contextual parameters 512 (e.g., in/out car air temperature, in/out car humidity, in/out car pm2 5/TVOC, in/out car db value, in/out car light intensity . . . ) that can be utilized to assess diving car comfort index 514 and regulate car comfort facilities 516”; see also Table 1 and paragraphs [0037], [0050], etc.]; and
applying the at least one adjustment to the at least one of the plurality of network-connected devices to change at least one environmental condition of the zone [e.g., in Chen et al. (‘116), the final step in FIG. 13 (“If No, an environmental regulation system (e.g., comfort controller component 120) is utilized to adjust environmental conditions until the occupant is deemed or inferred to be comfortable”, paragraph [0053]); see also paragraphs [0039], [0040], etc.], wherein the at least one of the plurality of network-connected devices that is adjusted comprises at least one of: a humidistat, a thermostat, a fan, an oxygen source, a light source, a window shade, or a privacy screen [e.g., in Chen et al. (‘116), the final step in FIG. 13; see also paragraph [0039], “the comfort model component can direct the comfort controller component 120 to adjust environmental conditions (e.g., seat position, seat temperature, blower intensity, zone temperature, zone moisture level, zone noise level, music volume, zone lighting, massage, window tint, visor position, heads-up display, entertainment, wireless signal strength, video, entertainment choices, headset volume, display features, etc.) in respective zones to facilitate occupant comfort in each zone”];
per claim 3, depending from claim 1, or per claim 15, depending from claim 13, wherein the at least one biometric sensor of the zone further comprises at least one of:
a thermal sensor [e.g., paragraph [0039] in Chen et al. (‘116), “The interior 400 includes a set of occupant seats 402 that can include sensors (e.g., weight, temperature, moisture, etc.)”];
a pulse oximeter;
a skin conductance sensor;
a blood pressure meter;
a pressure sensor; or
a microphone;
per claim 11, depending from claim 1, wherein the operations further comprise:
detecting that the user is in a different zone of the carrier transport vehicle [e.g., on a second/future trip/flight, obviously in the same vehicle or on the same aircraft when the frequent occupant (of the aircraft or vehicle) obviously chose or was obviously assigned to a different (second) seat, in Chen et al. (‘116); e.g., paragraphs [0036], claim 5, etc.];
identifying at least a second adjustment to at least one of a different plurality of network-connected devices in the different zone [e.g., in the manner shown in FIG. 13 of Chen et al. (‘116), and as described above] in response to the condition of the user that is determined [e.g., in response to the determination at 1308, NO in FIG. 13 of Chen et al. (‘116) that the occupant is un-comfortable]; and
applying the at least the second adjustment to the at least one of the different plurality of network-connected devices [e.g., to a different one of e.g., the fans, blowers, vents, air conditioner, heater, humidifier, de-humidifier, lights, seat warmers, seat coolers, etc. (paragraph [0033]) in the different zone; see also paragraph [0039] in Chen et al. (‘116), “the comfort model component can direct the comfort controller component 120 to adjust environmental conditions (e.g., seat position, seat temperature, blower intensity, zone temperature, zone moisture level, zone noise level, music volume, zone lighting, massage, window tint, visor position, heads-up display, entertainment, wireless signal strength, video, entertainment choices, headset volume, display features, etc.) in respective zones to facilitate occupant comfort in each zone”];
Claims 2 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (2018/0134116) in view of Berkey et al. (2019/0239757) as applied to claims 1 and 13 above, and further in view of Pujia et al. (2018/0234707; cited in parent case).
Chen et al. (‘116) as implemented or modified in view of Berkey et al. (‘757) has been described above.
The implemented or modified Chen et al. (‘116) vehicle occupant comfort system may not expressly reveal that the biometric sensor is deployed to be of the zone, e.g., in an armrest of a seat, although Chen et al. (‘116) specifically teaches that sensors may be employed in the seats of the zones at paragraph [0039] to sense weight, temperature, etc.
However, in the context/field of improved in-flight system which measures passenger biometrics by means of biometric sensors 460 and can “control a temperature control mechanism, such as a heating and/or cooling mechanism, within the passenger's seat and/or that controls airflow directed to the passenger, and/or ambient temperature near the passenger” (paragraph [0068]; see also paragraphs [0070], [0075], [0077], etc.), e.g., based on preferences or sensitivity or states of the passenger (with sleep data determined based on biometric data), Pujia et al. (‘707) teaches at paragraph [0108] that biometric sensors for measuring temperature, heart rate, etc. may be contained in an armrest or other seat surface of a seat occupied by the passenger.
It would have been obvious before the effective filing date of the claimed invention to implement or further modify the Chen et al. (‘116) vehicle occupant comfort system so that the sensor(s) 104 would have been (additionally) provided in the seat armrest of the passenger seat, as taught by Pujia et al. (‘707) at paragraph [0108], as a well-known and convenient part of the seat to provide sensors for measuring biometric attributes of the (e.g., seated, during transport) passenger, as taught by Pujia et al. (‘707) and as desired by Chen et al. (‘116), as a simple rearrangement of parts (MPEP 2144.04, VI., C.), with a reasonable expectation of success, and e.g., as a use of a known technique to improve similar devices (methods, or products) in the same way.
As such, the implemented or further modified Chen et al. (‘116) vehicle occupant comfort system would have rendered obvious:
per claim 2, depending from claim 1, or per claim 14, depending from claim 13, wherein the at least one biometric sensor of the zone of the carrier transport vehicle is deployed in an armrest of a seat assigned to the user [e.g., as taught at paragraph [0108] by Pujia et al. (‘707), and as suggested at paragraph [0039 by Chen et al. (‘116) himself];
Claims 4 to 7 and 16 to 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (2018/0134116) in view of Berkey et al. (2019/0239757) as applied to claims 1 and 13 above, and further in view of Golston et al. (2018/0251122; cited in parent case).
Chen et al. (‘116) as implemented or modified in view of Berkey et al. (‘757) has been described above.
The implemented or modified Chen et al. (‘116) vehicle occupant comfort system may not reveal particular details of the zone biometric sensors or that the vehicle occupant comfort profiles comprises preferences and tolerance ranges, although Chen et al. (‘116) teaches at paragraph [0036] the use of vehicle occupant comfort profiles having temperature, volume, and lighting preferences, and such tolerance ranges would appear to be implicit in (and/or obvious from) the description of Chen et al. (‘116) e.g., when a particular temperature preference of a profile (paragraph [0036]) would have obviously included a finite range of controlled temperatures (e.g., 71.5 – 72.4°, when a temperature of 72° may have been preferred), due to the limits of precision of selection and control.
However, in the context/field of improved systems and methods for operating a vehicle based on sensor data, Golston et al. (‘122) teaches e.g., i) in paragraphs [0043], [0048], [0066], [0119], FIG. 3, Table 1 after paragraph [0106], etc. that image sensor(s) 104 and microphones (122, 360) [as zone biometric sensors] may be provided in the vehicle, that when an occupant is detected to be shivering (with a camera; Table 1) or complaining (obviously with a microphone), the temperature control (e.g., heating, air conditioning, HVAC, etc.) of the vehicle may be adjusted, ii) that “the occupant preferences 144 may indicate an occupant's thresholds for climate comfort (e.g., a temperature range in which the occupant is detected to be comfortable, a preferred temperature range indicated by the occupant, etc.)”, and that “one or more occupant preferences” may be “e.g., cabin temperature is within the preferred range” (paragraph [0160]), and iii) that machine learning may be used to measure the occupant state in accordance with sensor inputs (FIGS. 8 to 10).
It would have been obvious before the effective filing date of the claimed invention to implement or further modify the Chen et al. (‘116) vehicle occupant comfort system i) so that biometric sensors in the form of image sensor(s)/cameras and microphones would have been provided as zone biometric sensors in the cabin in order to detect e.g., when a passenger/occupant was shivering or complaining in order that the cabin temperature control could be adjusted responsive to such detection, as taught by Golston et al. (‘122), ii) so that in addition to the user profile including e.g., temperature and other preferences, etc. in Chen et al. (‘116), the profile would have further included occupant preferences indicating an occupant's thresholds for climate comfort (e.g., a temperature range in which the occupant is detected to be comfortable, a preferred temperature range indicated by the occupant, etc.), as taught by Golston et al. (‘122), and iii) so that machine learning would have been used to measure the occupant state in accordance with sensor inputs (FIGS. 8 to 10), as taught by Golston et al. (‘122), in order that determination of whether a passenger/occupant was too cold or hot could be facilitated by monitoring bodily actions (shivering, complaining), in order that the hot/cold ventilation/heating levels/settings could be controlled to produce the preferred temperature range of the passenger/occupant in which the occupant is detected to be comfortable, in order that machine learning could improve the measurement of the occupant state by learning, all as taught by Golston et al. (‘122), with a reasonable expectation of success, and e.g., as a use of a known technique to improve similar devices (methods, or products) in the same way.
As such, the implemented or further modified Chen et al. (‘116) vehicle occupant comfort system would have rendered obvious:
per claim 4, depending from claim 1, or per claim 16, depending from claim 13, wherein the operations further comprise:
obtaining a user profile of the user [e.g., the vehicle occupant comfort profiles storing temperature, volume, and lighting preferences at paragraph [0036]], wherein the user profile comprises preferences [e.g., paragraph [0036] of Chen et al. (‘116)] and tolerance ranges [e.g., (e.g., a temperature range in which the occupant is detected to be comfortable, a preferred temperature range indicated by the occupant, cabin temperature is within the preferred range, etc., as taught by Golston et al. (‘122) at paragraphs [0043], [0160], etc.] of the user regarding a plurality of environmental conditions [e.g., in Chen et al. (‘116), temperature, volume, lighting, etc.];
per claim 5, depending from claim 4, or per claim 17, depending from claim 16, wherein the identifying the at least one adjustment is based upon the condition of the user that is determined, the user profile, and at least one environmental condition of the zone [e.g., as taught by Chen et al. (‘116), the temperature (in the zone/at the seat), the temperature preference in the vehicle occupant comfort profile, the context of the user, etc.; and as described above in Golston et al. (‘122)];
per claim 6, depending from claim 5, or per claim 18, depending from claim 17, wherein the plurality of network-connected devices includes at least one environmental sensor [e.g., the sensors 104 (FIG. 1) that detect temperature at paragraph [0032] in Chen et al. (‘116), such as temperature sensors, including (e.g., temperature) sensors at the occupant seats 402, cameras 404, etc. at paragraph [0039], etc.], and wherein the at least one environmental condition of the zone is determined via the at least one environmental sensor [e.g., the temperature of the zone (seat) is sensed, in Chen et al. (‘116), in order to adjust “zone temperature” (e.g., paragraph [0039]), such as by decreasing the temperature at paragraph [0037]];
per claim 7, depending from claim 6, or per claim 19, depending from claim 18, wherein the at least one environmental sensor comprises at least one of:
a thermal sensor [e.g., the sensors (104 in FIG. 1) that detect temperature at paragraphs [0032], [0039], etc. in Chen et al. (‘116)];
a light sensor [e.g., at paragraphs [0032], [0038], Table 1, etc. in Chen et al. (‘116)];
a microphone [e.g., the microphones 122, 360 taught by Golston et al. (‘122)];
a humidity sensor [e.g., Table 1 in Chen et al. (‘116)];
a particulate matter detector [e.g., the particulate sensor at paragraph [0032] in Chen et al.(‘[116) for detecting “pm” in Table 1]; or
an oxygen sensor;
Claims 8 to 10 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (2018/0134116) in view of Berkey et al. (2019/0239757) as applied to claim 1 above, and further in view of Reinbold et al. (2018/0075717; cited in parent case).
Chen et al. (‘116) as implemented or modified in view of Berkey et al. (‘757) has been described above.
The implemented or modified Chen et al. (‘116) vehicle occupant comfort system may not reveal the claimed control via the user interface of the mobile device, or the updating of the user profile.
However, in the context/field of improved systems and methods for interfacing with an aircraft cabin control system, Reinbold et al. (‘717) teaches e.g., in conjunction with FIG. 2 that a user interface 200 on a personal electronic device (PED) 108 (e.g., a smartphone or tablet) may be used to control e.g., an air vent and lights at a numbered seat 206 of an aircraft by means of a displayed virtual control (e.g., a sliding control), even when the fasten seat belt light in on (paragraph [0002]), with passenger-adjusted (obviously updated) settings that are adjusted in the cabin (paragraphs [0048] to [0052], [0073], etc.) being stored as environmental settings 150 in the passenger comfort preferences.
It would have been obvious before the effective filing date of the claimed invention to implement or further modify the Chen et al. (‘116) vehicle occupant comfort system so that the mobile device or wearable computing device connected to the context component 106 at paragraph [0034] from which it was determined that the occupant had an elevated temperature would have further been provided with a user interface (200), as taught by Reinbold et al. (‘717), for controlling e.g., reading lights, fresh air vents, local air temperature (paragraph [0028]), etc. at the passenger seat, as taught by Reinbold et al. (‘717), in order to provide the passenger with the convenience of being able to control lights, fresh air vents via a remote command from the passenger’s PED/mobile device even when the overhead lights are too far away to reach from a seated position and seat belts are fastened, with a reasonable expectation of success, and e.g., as a use of a known technique to improve similar devices (methods, or products) in the same way.
Moreover, regarding claim 10 and the previous implementation or modification of Chen et al. (‘116) in view of Berkey et al. (‘757) described above, it would have been obvious before the effective filing date of the claimed invention to implement or further modify the Chen et al. (‘116) vehicle occupant comfort system so that, when the passenger 104 in Berkey et al. (‘757) made changes to the environmental settings (150) in the cabin or passenger compartment of the vehicle, those passenger-adjusted settings would have been stored (e.g., as vehicle occupant comfort profiles in Chen et al. (‘116)) in the (processor/networked) system 100 in Chen et al. (‘116), in order that the user’s preference profile would reflect the most recent settings chosen by the occupant/passenger, with a reasonable expectation of success, and e.g., as a use of a known technique to improve similar devices (methods, or products) in the same way
As such, the implemented or further modified Chen et al. (‘116) vehicle occupant comfort system would have rendered obvious:
per claim 8, depending from claim 1, wherein the establishing the wireless communication session with the mobile device of the user comprises providing a control [e.g., via the user interface 200 shown in FIG. 2 of Reinbold et al. (‘717)] of at least a portion of the plurality of network-connected devices in the zone [e.g., lights, air vent, etc., in Reinbold et al. (‘717) and/or in Chen et al. (‘116)] to the user via a user interface of the mobile device of the user [e.g., FIG. 2 in Reinbold et al. (‘717)];
per claim 9, depending from claim 8, wherein the operations further comprise:
obtaining a user input via the user interface of the mobile device of the user to adjust the at least one of the plurality of network-connected devices to a second setting that is different from a first setting that results from the applying of the at least one adjustment [e.g., by touching or sliding the virtual control 204 in FIG. 2 of Reinbold et al. (‘717), to control lights, fresh air vents to a new (e.g., second relative to a first old one) setting as a result of the touching or sliding]; and
adjusting the at least one of the plurality of network-connected devices to the second setting in accordance with the user input [e.g., paragraph [0028] in Reinbold et al. (‘717)];
per claim 10, depending from claim 9, wherein the operations further comprise:
updating a user profile of the user in accordance with the second setting [e.g., updating passenger preferences (profile) via feedback 344 to the mobile device 304 (120) in Berkey et al. (‘757), and obviously in the profile component 202 of Chen et al. (‘116), when the passenger makes changes to the environment settings (e.g., by the passenger manipulating controls in the passenger cabin), as taught at paragraphs [0048] to [0052], [0073], etc. in Berkey et al. (‘757), “In this illustrative example, comfort controller 114 in vehicle computer system 110 communicates passenger comfort preferences 134 to passenger mobile device 120 based on changes made by passenger 104 to environment settings 150. Passenger mobile device 120 associates these received preferences with detected current state 136 for passenger 104”, so that the stored vehicle occupant comfort profile would accurately reflect the most recent preferences/settings made by the user in the cabin; see also paragraphs [0044], [0048], [0049], [0051], [0059] to [0061], etc.];
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (2018/0134116) in view of Berkey et al. (2019/0239757) and Golston et al. (2018/0251122) as applied to claim 18 above, and further in view of Reinbold et al. (2018/0075717; cited in parent case).
Chen et al. (‘116) as implemented or modified in view of Berkey et al. (‘757) and Golston et al. (‘122) has been described above.
The implemented or modified Chen et al. (‘116) vehicle occupant comfort system may not reveal the claimed control via the user interface of the mobile device.
However, in the context/field of improved systems and methods for interfacing with an aircraft cabin control system, Reinbold et al. (‘717) teaches e.g., in conjunction with FIG. 2 that a user interface 200 on a personal electronic device (PED) 108 (e.g., a smartphone or tablet) may be used to control e.g., an air vent and lights at a numbered seat 206 of an aircraft by means of a displayed virtual control (e.g., a sliding control), even when the fasten seat belt light in on (paragraph [0002]).
It would have been obvious before the effective filing date of the claimed invention to implement or further modify the Chen et al. (‘116) vehicle occupant comfort system so that the mobile device or wearable computing device connected to the context component 106 at paragraph [0034] from which it was determined that the occupant had an elevated temperature would have further been provided with a user interface (200), as taught by Reinbold et al. (‘717), for controlling e.g., reading lights, fresh air vents, local air temperature (paragraph [0028]), etc. at the passenger seat, as taught by Reinbold et al. (‘717), in order to provide the passenger with the convenience of being able to control lights, fresh air vents via a remote command from the passenger’s PED/mobile device even when the overhead lights are too far away to reach from a seated position and seat belts are fastened, with a reasonable expectation of success, and e.g., as a use of a known technique to improve similar devices (methods, or products) in the same way.
As such, the implemented or further modified Chen et al. (‘116) vehicle occupant comfort system would have rendered obvious:
per claim 20, depending from claim 18, wherein the establishing the wireless communication session with the mobile device of the user comprises providing a control [e.g., via the user interface 200 shown in FIG. 2 of Reinbold et al. (‘717)] of at least a portion of the plurality of network-connected devices in the zone [e.g., lights, air vent, etc., in Reinbold et al. (‘717) and/or in Chen et al. (‘116)] to the user via a user interface of the mobile device of the user [e.g., FIG. 2 in Reinbold et al. (‘717)];
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 to 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 to 20 of U.S. Patent No. 12,240,473 (reference patent). Although the claims at issue are not identical, they are not patentably distinct from each other because each of the limitations in the claims of the instant application appear in the claims of the reference patent, where the reference patent independent claims include additional limitations related to the user profile, and where the limitations in the claims of the instant application correspond (almost verbatim, except for grammatical articles and the details of the user profile obtained from the mobile device of the user that comprises the thermal preference model of the user which is claimed in the independent claims of the reference patent but not in the independent claims of the instant application, wherein certain broader details of a user profile now appear in dependent claims of the instant application) to the limitations in the reference patent as in the following claim correspondence table:
Claims in instant application 19/069088 to Moton, Jr. et al.
Corresponding Claims in U.S. Patent 12,240,473 (reference patent) to Moton, Jr. et al.
1
1
2
2
3
3
4
1, 4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
13
13
14
14
15
15
16
13, 16
17
17
18
18
19
19
20
20
.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David A Testardi whose telephone number is (571)270-3528. The examiner can normally be reached Monday, Tuesday, Thursday, 8:30am - 5:30pm E.T., and Friday, 8:30 am - 12:30 pm E.T.
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, Rachid Bendidi can be reached at (571) 272-4896. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
[This part of the page intentionally left blank.]
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.
/DAVID A TESTARDI/Primary Examiner, Art Unit 3664
1 Quoting paragraph [0031], the system 100 “is capable of effective and/or operative communication with a wired and/or wireless network.”
2 network
. . .
(7) A network is any set of devices or subsystems connected by links joining (directly or indirectly) a set of terminal nodes.
(C/BA) 1355-1995
. . .
[From: The Authoritative Dictionary of IEEE Standards Terms Seventh Edition, Copyright (c) 2000 by the Institute of Electrical and Electronics Engineers, Inc. Retrieved 21 July 2026.]
3 Quoting paragraph [0031], the system 100 “is capable of effective and/or operative communication with a wired and/or wireless network.”
Prosecution Insights