DETAILED ACTION
Notice of 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(s) 1-3, 5-8, 11, 13-18 and 20 are pending and are rejected.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/20/2026 has been entered.
Response to Amendment
This Office Action is responsive to the RCE filed on 08/20/2026.
Amended claims 1-2, 6-8, 11, 13-14, 18 and 20 are being fully considered by the examiner.
In response to applicant’s amendments to claims 1 and 8, the claim Interpretations as set forth in the previous office action are moot.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant responds
(a) Rejections under 35 U.S.C. § 103:
Bazar:
Applicant respectfully submits that neither Bazar nor Lee have been found to teach or suggest a smart device that is separate from both a wearable device and an environmental sensor device, and that is coupled to both the separate wearable device and the separate environmental sensor by short-range wireless communication, where the smart device receives biometric data from the wearable device and sends a threshold-deviation indication to the environmental sensor.
Bazar does not describe server 120 to be a smart device that is coupled to both a wearable device and an environmental sensor device by short-range wireless communication.
the cited combination does not teach or suggest the claimed handoff of a threshold-deviation indication together with the at least one biometric parameter from the smart device to the environmental sensor device.
but this dynamic user program 122 is not disclosed to send an indication of the biometric deviation to the smart appliance 130 or sensors 132.
but Bazar does not disclose that the dynamic user program 122 sends an indication of a biometric threshold deviation to smart appliance 130 or sensor(s) 132 for subsequent ambient-condition-based HVAC control by the environmental sensor device.
Accordingly, Bazar has not been found to teach or suggest claim features of "a smart device, separate from the wearable device and the environmental sensor device and configured to coupled to the wearable device and the environmental sensor device by short-range wireless communication, the smart device comprising an executable application configured to receive, by the short-range wireless communication, the at least one biometric parameter of the user from the wearable device, and identify a deviation based the at least one biometric parameter by comparing the at least one biometric parameter to a threshold, and send, by the short-range wireless communication, the at least one biometric parameter and an indication of the deviation to the environmental sensor device" as recited by claim 1.
Lee:
However, Lee does not disclose a smart device that is separate from a wearable device and that receives biometric data from that separate wearable device by short-range wireless communication, identifies a threshold-based deviation, and sends an indication of the deviation to a separate environmental sensor device.
Lee would also have to disclose that this smart device receives a biometric parameter from the wearable device by short- range wireless communication. Lee, however, provides no such disclosure.
Lee also fails to disclose the claimed threshold-deviation determination by the smart device.
Lee does not disclose the claimed smart device identifying a deviation of the biometric parameter by comparing it to a threshold and sending an indication of that deviation to the environmental sensor device.
Thus, as the user equipment 110 of Lee does not amount to a disclosure of a separate smart device and a separate wearable device connected via short-range wireless communication, Lee cannot be construed to teach or suggest a smart device separate from both the wearable device and an environmental sensor device that receives biometric data from the wearable device, identifies a threshold-based biometric deviation, and sends an indication of that deviation to the environmental sensor device via short-range wireless communication.
Moreover, the cited references do not provide a reason to further restructure the combined system in the manner required by amended claim 1. Modifying Bazar in the manner required by amended claim 1 would not merely substitute one known communication protocol for another.
That is, even if Bazar's network were replaced with short-range wireless communication, such a modification would still not yield the claimed invention because no aspect of either the Bazar or Lee references teaches or suggests a smart device sending a deviation indication together with the at least one biometric parameter to a separate environmental sensor device, such that the environmental sensor device can then determine the ambient condition and transmit the HVAC control signal based on the received indication.
The additional references cited by the Examiner (Tiwari, Kwak, and Fullam) likewise do not disclose the claimed division of decision-making.
Thus, whether taken individually or in combination, neither Bazar, Lee nor any of the cited prior art references have been found to teach or suggest claim features…
(Pages: 9-15)
With respect to (a) above, Examiner appreciates the interpretative description given by Applicant in response.
In response to applicant’s amendments, a new grounds of rejections in view of Bostick has been introduced.
As described in the current office action, claims 1 and 13 are rejected under 35 U.S.C. 103 in view of Bostick and Lee.
Applicant’s arguments are fully considered, but for the above described reasons, the arguments are moot; therefore, claims 1-3, 5-8, 11, 13-18, and 20 are rejected under 35 U.S.C. 103 in view of the references as presented in the current office action.
Claim Rejections - 35 USC § 112
35 U.S.C. 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim(s) 1-3, 5-8, 11, 13-18, and 20 are rejected under 35 U.S.C. 112(a) because the specification, while being enabling for “bluetooth” short range communication (see specification ¶31, ¶42), does not reasonably provide enablement for other types of “short-range” wireless communication. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to use the invention commensurate in scope with these claims.
Claim(s) 1 and 13:
Amended claims describe the features such as, smart device couples to the wearable device and the environmental sensor device via short-range wireless communication, and various data sending/receiving communication from/to the smart device is performed using “short-range wireless communication.”
The specification doesn’t disclose the wireless communication including any other types of short range wireless communication other than the Bluetooth short range wireless communication. Amended claims capture all types of short range communication because the limitation “short-range wireless communication” is broad. The specification is only enabled for Bluetooth communication.
Even though specification describes in ¶31 that the communication can be any standard wireless communication. However, specification doesn’t further limit the standard wireless communication to be a short range wireless communication as broadly claimed by the claims.
Implementing a “short-range wireless communication” is not a predictable art, and requires specific hardware, software and compatibility between devices depending on the type of “short-range wireless communication” which were not described in the specification (other than the Bluetooth) in sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor possessed the claimed subject matter at the time of filing. The specification only provides support for Bluetooth wireless communication that is a short range wireless communication.
Further, without specific hardware, software and compatibility between devices, a person of ordinary skill in the art would have to engage in undue, extensive experimentation to create working devices including specific hardware and software ensuring compatibility between the devices that may enable the devices to communicate with each other using all types of “short-range wireless communication” as recited in the claim.
The scope of the claim is broad, covering any/all types of “short-range wireless communication,” while specification is only enabled for Bluetooth short range wireless communication. For example, some other types of short range wireless communication may include NFC, Wi-Fi, Zigbee, Infrared, RFID etc. and these were not enabled by the specification. The claim is not enabled, because one of the ordinary skilled in the art, upon reading the specification, would not know how to use any other type of “short-range wireless communication” other than the Bluetooth wireless communication without excessive, undue experimentation to determine the necessary, but undisclosed, types of “short-range wireless communication,” that can be used by the smart device, wearable device and the environmental sensor (microcontroller) for communication with each other.
Other independent claim 13 is rejected for the same reasons since it includes similar limitations.
Appropriate correction is required.
Dependent claims:
Based on their dependencies in claim 1, claims 2-3, 5-8 and 11 are also rejected under 35 U.S.C. 112(a) for the same reasons as described above.
Based on their dependencies in claim 13, claims 14-18 and 20 are also rejected under 35 U.S.C. 112(a) for the same reasons as described above.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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 filling 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3, 5-6, 8, 13-17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bostick et al. (US20190196522A1) [hereinafter Bostick] and further in view of Lee et al. (US20160061472A1) [hereinafter Lee].
Regarding claim 1 (amended):
Bostick discloses, A system for controlling an HVAC system based on user's biometric parameters, comprising: [¶15: Biometric enclosed space control logic 140 evaluates the biometric data 130 to determine if a threshold value has been exceeded by the biometric data 130…On condition that the threshold value has been exceeded by the biometric data 130,…control logic 140 transmits a directive 150 to the temperature control system 160 to change the temperature of the enclosed space 110, such as by activating an air cooling system,…by activating an air heating system,];
a wearable device worn by a user, wherein the wearable device includes at least one biometric sensor configured to measure at least one biometric parameter of the user; [¶14: The biometric data 130 may be received wirelessly over short range radio frequency link between an accessory worn by the end user 120 such as a smart watch, or temperature measuring ear device, or general temperature sensor];
an environmental sensor device configured to detect at least one ambient condition in a zone of user's presence and send a control signal to the HVAC system; and [¶18: temperature control system 220 manages the air temperature in the enclosed space 230 by receiving a temperature reading of the air in the enclosed space from thermometer 240 and responding to the temperature… direct the activation of an air conditioning system];
a smart device, separate from the wearable device and the environmental sensor device and configured to couple to the wearable device…by short-range wireless communication, [¶18: a host computing platform 210 that includes one or more computers, each with memory 210B and at least one processor 210A…
¶19: biometric enclosed space control module 300 is coupled to the host computing platform 210….control module 300 includes computer program instructions that when executed in the memory of the host computing platform 210, is enabled to receive in wireless biometric data receiver 280 from a wirelessly transmitting accessory, biometric data of an individual …
¶14: Biometric enclosed space control logic 140 then detects a presence of an end user 120,…Biometric data 130 for the end user 120 thereafter is received…biometric data 130 may be received wirelessly over short range radio frequency link between an accessory worn by the end user 120 such as a smart watch, or temperature measuring ear device, or general temperature sensor, and the biometric enclosed space control logic 140…
¶15: the biometric enclosed space control logic 140 transmits a directive 150 to the temperature control system 160 to change the temperature of the enclosed space 110, such as by activating an air cooling system…
Examiner notes that Bostick discloses, the sperate smart device such as host computing 210 with space control logic/module 140/300, temperature sensor device such as temperature control system 220/160 with thermometer 240, and the wearable device such as accessory worn by the end user; and
the host computing 210 with space control logic/module 140/300 coupled to the accessory worn by the end user by short-range wireless communication.
Examiner notes the 35 USC. 112(a) rejections of the claim as set forth in the current office action];
a smart device,…configured to couple to…the environmental sensor device [¶18: a host computing platform 210 that includes one or more computers, each with memory 210B and at least one processor 210A…The host computing platform 210 is communicatively linked to a temperature control system 220…temperature control system 220 manages the air temperature in the enclosed space 230 by receiving a temperature reading of the air in the enclosed space from thermometer 240….
Examiner notes that Bostick discloses, the sperate smart device such as host computing 210 with space control logic/module 140/300 coupled to temperature sensor device such as temperature control system 220 with thermometer 240];
the smart device comprising an executable application configured to receive, by the short-range wireless communication, the at least one biometric parameter of the user from the wearable device, [¶18: a host computing platform 210 that includes one or more computers, each with memory 210B and at least one processor 210A…
¶19: biometric enclosed space control module 300 is coupled to the host computing platform 210….control module 300 includes computer program instructions that when executed in the memory of the host computing platform 210, is enabled to receive in wireless biometric data receiver 280 from a wirelessly transmitting accessory, biometric data of an individual …
¶14: Biometric enclosed space control logic 140 then detects a presence of an end user 120,…Biometric data 130 for the end user 120 thereafter is received…biometric data 130 may be received wirelessly over short range radio frequency link between an accessory worn by the end user 120 such as a smart watch, or temperature measuring ear device, or general temperature sensor, and the biometric enclosed space control logic 140];
identify a deviation of the at least one biometric parameter by comparing the at least one biometric parameter to a threshold, and [¶15: Biometric enclosed space control logic 140 evaluates the biometric data 130 to determine if a threshold value has been exceeded by the biometric data 130];
send, by the short-range wireless communication,…an indication of the deviation to the environmental sensor device, [¶15: On condition that the threshold value has been exceeded by the biometric data 130,…the biometric enclosed space control logic 140 transmits a directive 150 to the temperature control system 160 to change the temperature of the enclosed space 110,];
wherein the environmental sensor device…:
receive, from the smart device…the indication of the deviation; [¶15: On condition that the threshold value has been exceeded by the biometric data 130,…the biometric enclosed space control logic 140 transmits a directive 150 to the temperature control system 160 to change the temperature of the enclosed space 110,];
determine, using one or more sensors of the environmental sensor device, the at least one ambient condition of the zone of user's presence; and [Examiner notes that claim requires only one sensor and one sensor is given the patentable weight.
¶18: the temperature control system 220 manages the air temperature in the enclosed space 230 by receiving a temperature reading of the air in the enclosed space from thermometer 240 and responding to the temperature.];
transmit the control signal for controlling one or more operating conditions of the HVAC system, based on the indication of the deviation of the at least one biometric parameter associated with the user…to achieve a desired ambient condition for the user. [¶15: Biometric enclosed space control logic 140 evaluates the biometric data 130 to determine if a threshold value has been exceeded by the biometric data 130…On condition that the threshold value has been exceeded by the biometric data 130,…the biometric enclosed space control logic 140 transmits a directive 150 to the temperature control system 160 to change the temperature of the enclosed space 110, such as by activating an air cooling system,…by activating an air heating system], but doesn’t explicitly disclose, and
Lee discloses, a smart device,…configured to couple to…the environmental sensor device by short-range wireless communication, [¶36: The connection between the user equipment 110 and the temperature and humidity control device 100 may be achieved by short-range wireless communication…
¶44: The temperature and humidity control device 100 may include at least one sensor…];
the smart device…configured to…send, by the short-range wireless communication, the at least one biometric parameter…to the environmental sensor device, [¶48: The user equipment 110 may transmit the user biometric information including the determined condition of the user to the temperature and humidity control device 100…
¶47: The user equipment 110 may include a mobile device, such as a smart phone.];
wherein the environmental sensor device further comprises a microcontroller, said microcontroller configured to execute computer-readable instructions that cause the microcontroller to:[ ¶44: The temperature and humidity control device 100 may include at least one sensor…
¶34: the temperature and humidity control device 100 may control the HVAC system included in the indoor equipment 120 using the determined control information];
receive, from the smart device by the short-range wireless communication, the at least one biometric parameter associated with the user….; [¶48: The user equipment 110 may transmit the user biometric information including the determined condition of the user to the temperature and humidity control device 100…
¶36: The connection between the user equipment 110 and the temperature and humidity control device 100 may be achieved by short-range wireless communication…
¶47: The user equipment 110 may include a mobile device, such as a smart phone.];
transmit the control signal for controlling one or more operating conditions of the HVAC system, based on…the at least one ambient condition, to achieve a desired ambient condition for the user. [¶8: acquiring at least one piece of environmental information and user biometric information, determining, based on the acquired at least one piece of the environmental information and the user biometric information, control information…and controlling a heating, ventilation, and air conditioning (HVAC) system based on the determined control information...
¶43: The environmental information may, for example, include room temperature, outdoor temperature, the amount of water vapor, relative humidity, the value of radiant heat, airflow information…
¶33: The temperature and humidity control device 100 may acquire the environmental information using an internal sensor provided therein…].
Therefore, it would have been obvious to one of ordinary skill in the art before the filling date of the claimed invention to have combined a smart device couple to environmental sensor device by short-range wireless communication; and the capability of sending by the smart device, by the short-range wireless communication, the at least one biometric parameter to the environmental sensor device; and combined the environmental sensor device further comprises a microcontroller that is configured to execute computer-readable instructions that cause the microcontroller to receive, from the smart device by the short-range wireless communication, the at least one biometric parameter associated with the user transmit the control signal for controlling one or more operating conditions of the HVAC system, based on the at least one ambient condition, to achieve a desired ambient condition for the user in order to achieve the desired ambient condition for the user by automatically providing the user with a comfortable environment based on automatically monitoring user condition, the ambient condition, and user comfort at those conditions taught by Lee with the system taught by Bostick as discussed above in order to have reasonable expectation of success such as to achieve the desired ambient condition for the user by automatically providing the user with a comfortable environment based on automatically monitoring user condition, the ambient condition, and user comfort at those conditions [Lee: ¶39: “the temperature and humidity control device 100 to create a surrounding environment based on user biometric information and environment information without the hassle of receiving setting information input in real time from a user, thereby providing the user with a comfortable environment”].
Regarding claim 2 (amended):
Bostick and Lee disclose all the elements of claim 1, and
Bostick further discloses, detect the at least one ambient condition, including at least one of temperature, humidity, air quality, light levels, noise level, pressure level, or occupancy level. [¶18: temperature control system 220 manages the air temperature in the enclosed space 230 by receiving a temperature reading of the air in the enclosed space from thermometer 240 and responding to the temperature];
Lee further discloses, wherein the environmental sensor device is configured to: control the one or more operating conditions of the HVAC system via a smart home hub; [¶39: the temperature and humidity control device 100, the user equipment 110, and the indoor equipment 120 may share information through a connection therebetween via a…wireless network, thereby creating the environment where the indoor equipment 120 and the like can be controlled in consideration of the environmental condition, user condition, and the like without the user's intervention. This is called the Internet of things (IoT). The IoT refers to an intelligent technology and service for connecting all things based on the Internet and mutually communicating information between persons, between a person and a thing, and between things. The above technology enables the temperature and humidity control device 100 to create a surrounding environment based on user biometric information and environment information without the hassle of receiving setting information input in real time from a user, thereby providing the user with a comfortable environment.].
Regarding claim 3:
Bostick and Lee disclose all the elements of claim 1, and
Bostick further discloses, detect the at least one ambient condition, including at least one of temperature, humidity, air quality, light levels, noise level, pressure level, or occupancy level. [¶18: temperature control system 220 manages the air temperature in the enclosed space 230 by receiving a temperature reading of the air in the enclosed space from thermometer 240 and responding to the temperature].
Regarding claim 5:
Bostick and Lee disclose all the elements of claim 1, and
Bostick further discloses, wherein the biometric sensor comprises at least one of a heart rate sensor, a skin temperature sensor, a blood oxygen sensor, a respiratory rate sensor, motion sensor. [¶13: a biometric measurement of the end user remotely sensed, for instance a temperature of the end user by way of temperature sensor, or a pulse by way of a heartbeat monitor…
¶14: The biometric data 130 may be received wirelessly over short range radio frequency link between an accessory worn by the end user 120 such as a smart watch, or temperature measuring ear device, or general temperature sensor].
Regarding claim 6 (amended):
Bostick and Lee disclose all the elements of claim 1, and
Lee further discloses, wherein the microcontroller applies an adaptive algorithm that dynamically adjusts HVAC settings by correlating the at least one biometric parameter of the user with real-time environmental conditions. [¶8: acquiring at least one piece of environmental information and user biometric information, determining, based on the acquired at least one piece of the environmental information and the user biometric information, control information…and controlling a heating, ventilation, and air conditioning (HVAC) system based on the determined control information...
¶33: The temperature and humidity control device 100 may acquire the environmental information using an internal sensor provided therein…].
Regarding claim 8 (amended):
Bostick and Lee disclose all the elements of claim 1, and
Lee further discloses, wherein the microcontroller is configured to:
continuously receive the at least one biometric parameter associated with the user from the smart device; [¶46: The temperature and humidity control device 100 may acquire the biometric information using the user equipment 110. The “biometric information” is biometric data of a user or an occupant,…
¶47: The user equipment 110 may transmit the user biometric information including the determined condition of the user to the temperature and humidity control device 100.];
continuously monitor the at least one ambient condition of the zone of user's presence; [¶33: The temperature and humidity control device 100 may acquire the environmental information using an internal sensor provided therein. The environmental information may include room temperature,…
¶35: the user equipment 110 may be connected to the temperature and humidity control device 100 so as to detect whether a user exists in the room…
¶109: When the indoor light detection sensor continuously detects light lower than a predetermined threshold illuminance (Lx) over a period of time longer than a predetermine threshold time, the temperature and humidity control device 100 may detect that no occupant stays in the room.];
utilize external weather data in addition to the at least one biometric parameter of the user and indoor environmental data to adjust HVAC settings for optimal efficiency. [¶41: temperature and humidity control device 100 may acquire the environmental information by receiving weather forecast information from the meteorological agency's server. That is, the temperature and humidity control device 100 may, for example, receive, from the meteorological agency's server, weather forecast information for tomorrow or several days from now and use the received information to generate control information for controlling the HVAC system at the corresponding date…
¶8: acquiring at least one piece of environmental information and user biometric information, determining, based on the acquired at least one piece of the environmental information and the user biometric information, control information…and controlling a heating, ventilation, and air conditioning (HVAC) system based on the determined control information].
Regarding claim 13 (amended):
Bostick discloses, A method for controlling an HVAC system based on a user's biometric parameters, comprising: [¶15: Biometric enclosed space control logic 140 evaluates the biometric data 130 to determine if a threshold value has been exceeded by the biometric data 130…On condition that the threshold value has been exceeded by the biometric data 130,…control logic 140 transmits a directive 150 to the temperature control system 160 to change the temperature of the enclosed space 110, such as by activating an air cooling system,…by activating an air heating system,];
detecting, by one or more biometric sensors of a wearable device, at least one biometric parameter of the user; [¶14: The biometric data 130 may be received wirelessly over short range radio frequency link between an accessory worn by the end user 120 such as a smart watch, or temperature measuring ear device, or general temperature sensor];
sending, via short-range wireless communication, the at least one biometric parameter of the user from the wearable device to a smart device… wherein the smart device includes an executable application; [¶18: a host computing platform 210 that includes one or more computers, each with memory 210B and at least one processor 210A…
¶19: biometric enclosed space control module 300 is coupled to the host computing platform 210….control module 300 includes computer program instructions that when executed in the memory of the host computing platform 210, is enabled to receive in wireless biometric data receiver 280 from a wirelessly transmitting accessory, biometric data of an individual …
¶14: Biometric enclosed space control logic 140 then detects a presence of an end user 120,…Biometric data 130 for the end user 120 thereafter is received…biometric data 130 may be received wirelessly over short range radio frequency link between an accessory worn by the end user 120 such as a smart watch, or temperature measuring ear device, or general temperature sensor, and the biometric enclosed space control logic 140];
a smart device separate from the wearable device, [¶18: a host computing platform 210 that includes one or more computers, each with memory 210B and at least one processor 210A…
¶19: biometric enclosed space control module 300 is coupled to the host computing platform 210….control module 300 includes computer program instructions that when executed in the memory of the host computing platform 210, is enabled to receive in wireless biometric data receiver 280 from a wirelessly transmitting accessory, biometric data of an individual …
¶14: biometric data 130 may be received wirelessly over short range radio frequency link between an accessory worn by the end user 120 such as a smart watch, or temperature measuring ear device, or general temperature sensor, and the biometric enclosed space control logic 140…
Examiner notes that Bostick discloses, the sperate smart device such as host computing 210 with space control logic/module 140/300, and the wearable device such as accessory worn by the end user; and
Examiner notes the 35 USC. 112(a) rejections of the claim as set forth in the current office action];
identifying, by the smart device in response to receiving the at least one biometric parameter of the user from the wearable device via short-range wireless communication, a deviation of the at least one biometric parameter by comparing the at least one biometric parameter to a threshold;
[¶19: control module 300 includes computer program instructions that when executed in the memory of the host computing platform 210, is enabled to receive in wireless biometric data receiver 280 from a wirelessly transmitting accessory, biometric data of an individual …
¶14: Biometric enclosed space control logic 140 then detects a presence of an end user 120,…Biometric data 130 for the end user 120 thereafter is received…biometric data 130 may be received wirelessly over short range radio frequency link between an accessory worn by the end user 120 such as a smart watch, or temperature measuring ear device, or general temperature sensor, and the biometric enclosed space control logic 140
¶15: Biometric enclosed space control logic 140 evaluates the biometric data 130 to determine if a threshold value has been exceeded by the biometric data 130…On condition that the threshold value has been exceeded by the biometric data 130,…the biometric enclosed space control logic 140 transmits a directive 150 to the temperature control system 160 to change the temperature of the enclosed space 110,];
sending, by the smart device via short-range wireless communication,…an indication of the deviation to an environmental sensor device.. [ ¶15: On condition that the threshold value has been exceeded by the biometric data 130,…the biometric enclosed space control logic 140 transmits a directive 150 to the temperature control system 160 to change the temperature of the enclosed space 110,];
environmental sensor device separate from the wearable device and the smart device; [¶18: a host computing platform 210 that includes one or more computers, each with memory 210B and at least one processor 210A…
¶19: biometric enclosed space control module 300 is coupled to the host computing platform 210….control module 300 includes computer program instructions that when executed in the memory of the host computing platform 210, is enabled to receive in wireless biometric data receiver 280 from a wirelessly transmitting accessory, biometric data of an individual …
¶14: Biometric enclosed space control logic 140 then detects a presence of an end user 120,…Biometric data 130 for the end user 120 thereafter is received…biometric data 130 may be received wirelessly over short range radio frequency link between an accessory worn by the end user 120 such as a smart watch, or temperature measuring ear device, or general temperature sensor, and the biometric enclosed space control logic 140…
¶15: the biometric enclosed space control logic 140 transmits a directive 150 to the temperature control system 160 to change the temperature of the enclosed space 110, such as by activating an air cooling system…
Examiner notes that Bostick discloses, the sperate smart device such as host computing 210 with space control logic/module 140/300, temperature sensor device such as temperature control system 220/160 with thermometer 240, and the wearable device such as accessory worn by the end user];
receiving, from the smart device…by the environmental sensor device,…the indication of the deviation of the at least one biometric parameter; [¶15: On condition that the threshold value has been exceeded by the biometric data 130,…the biometric enclosed space control logic 140 transmits a directive 150 to the temperature control system 160 to change the temperature of the enclosed space 110,];
determining, by the environmental sensor device, at least one ambient condition of a zone of user's presence; [¶18: the temperature control system 220 manages the air temperature in the enclosed space 230 by receiving a temperature reading of the air in the enclosed space from thermometer 240 and responding to the temperature.];
transmitting, by the environmental sensor device, one or more control signals to the HVAC system for controlling one or more operating conditions based on the indication of the deviation of the at least one biometric parameter of the user…to achieve a desired ambient condition. [¶15: Biometric enclosed space control logic 140 evaluates the biometric data 130 to determine if a threshold value has been exceeded by the biometric data 130…On condition that the threshold value has been exceeded by the biometric data 130,…the biometric enclosed space control logic 140 transmits a directive 150 to the temperature control system 160 to change the temperature of the enclosed space 110, such as by activating an air cooling system,…by activating an air heating system], but doesn’t explicitly disclose, and
Lee discloses, sending, by the smart device via short-range wireless communication, the at least one biometric parameter….to an environmental sensor device… [¶48: The user equipment 110 may transmit the user biometric information including the determined condition of the user to the temperature and humidity control device 100…
¶44: The temperature and humidity control device 100 may include at least one sensor…
¶36: The connection between the user equipment 110 and the temperature and humidity control device 100 may be achieved by short-range wireless communication…
¶47: The user equipment 110 may include a mobile device, such as a smart phone.];
receiving, from the smart device via short-range wireless communication, by the environmental sensor device, the at least one biometric parameter associated with the user… [¶48: The user equipment 110 may transmit the user biometric information including the determined condition of the user to the temperature and humidity control device 100…
¶36: The connection between the user equipment 110 and the temperature and humidity control device 100 may be achieved by short-range wireless communication…
¶47: The user equipment 110 may include a mobile device, such as a smart phone.];
transmitting, by the environmental sensor device, one or more control signals to the HVAC system for controlling one or more operating conditions based on…. the at least one ambient condition, to achieve a desired ambient condition. [¶8: acquiring at least one piece of environmental information and user biometric information, determining, based on the acquired at least one piece of the environmental information and the user biometric information, control information…and controlling a heating, ventilation, and air conditioning (HVAC) system based on the determined control information...
¶43: The environmental information may, for example, include room temperature, outdoor temperature, the amount of water vapor, relative humidity, the value of radiant heat, airflow information…
¶33: The temperature and humidity control device 100 may acquire the environmental information using an internal sensor provided therein].
Therefore, it would have been obvious to one of ordinary skill in the art before the filling date of the claimed invention to have combined the capability of sending, by the smart device via short-range wireless communication, the at least one biometric parameter to an environmental sensor device and receiving, from the smart device via short-range wireless communication, by the environmental sensor device, the at least one biometric parameter associated with the user and transmitting, by the environmental sensor device, one or more control signals to the HVAC system for controlling one or more operating conditions based on the at least one ambient condition, to achieve a desired ambient condition in order to achieve the desired ambient condition for the user by automatically providing the user with a comfortable environment based on automatically monitoring user condition, the ambient condition, and user comfort at those conditions taught by Lee with the system taught by Bostick as discussed above in order to have reasonable expectation of success such as to achieve the desired ambient condition for the user by automatically providing the user with a comfortable environment based on automatically monitoring user condition, the ambient condition, and user comfort at those conditions [Lee: ¶39: “the temperature and humidity control device 100 to create a surrounding environment based on user biometric information and environment information without the hassle of receiving setting information input in real time from a user, thereby providing the user with a comfortable environment”].
Regarding claim 14 (amended):
Bostick and Lee disclose all the elements of claim 13, and
Lee further discloses, controlling, by the environmental sensor device, one or more operating conditions of the HVAC system via a smart home hub. [¶39: the temperature and humidity control device 100, the user equipment 110, and the indoor equipment 120 may share information through a connection therebetween via a…wireless network, thereby creating the environment where the indoor equipment 120 and the like can be controlled in consideration of the environmental condition, user condition, and the like without the user's intervention. This is called the Internet of things (IoT). The IoT refers to an intelligent technology and service for connecting all things based on the Internet and mutually communicating information between persons, between a person and a thing, and between things. The above technology enables the temperature and humidity control device 100 to create a surrounding environment based on user biometric information and environment information without the hassle of receiving setting information input in real time from a user, thereby providing the user with a comfortable environment.].
Regarding claim 15:
Bostick and Lee disclose all the elements of claim 13, and
Bostick further discloses, wherein the at least one ambient condition around the user includes at least one of temperature, humidity, air quality, light levels, noise level, or occupancy level[¶18: temperature control system 220 manages the air temperature in the enclosed space 230 by receiving a temperature reading of the air in the enclosed space from thermometer 240 and responding to the temperature];
Regarding claim 16 (amended):
Bostick and Lee disclose all the elements of claim 13, and
Bostick further discloses, detecting the at least one ambient condition, including at least one of temperature, humidity, air quality, light levels, noise level, pressure level, or occupancy level. [¶18: temperature control system 220 manages the air temperature in the enclosed space 230 by receiving a temperature reading of the air in the enclosed space from thermometer 240 and responding to the temperature];
Regarding claim 17:
Bostick and Lee disclose all the elements of claim 13, and
Bostick further discloses, the biometric sensor comprises at least one of a heart rate sensor, a skin temperature sensor, a blood oxygen sensor, a respiratory rate sensor, motion sensor. [¶13: a biometric measurement of the end user remotely sensed, for instance a temperature of the end user by way of temperature sensor, or a pulse by way of a heartbeat monitor…
¶14: The biometric data 130 may be received wirelessly over short range radio frequency link between an accessory worn by the end user 120 such as a smart watch, or temperature measuring ear device, or general temperature sensor];
Regarding claim 20 (amended):
Bostick and Lee disclose all the elements of claim 13, and
Lee further discloses, continuously receiving, by the environmental sensor device, the at least one biometric parameter associated with the user from the smart device; [¶46: The temperature and humidity control device 100 may acquire the biometric information using the user equipment 110. The “biometric information” is biometric data of a user or an occupant,…
¶47: The user equipment 110 may transmit the user biometric information including the determined condition of the user to the temperature and humidity control device 100.];
continuously monitoring the at least one ambient condition of the zone of user's presence; [¶33: The temperature and humidity control device 100 may acquire the environmental information using an internal sensor provided therein. The environmental information may include room temperature,…
¶35: the user equipment 110 may be connected to the temperature and humidity control device 100 so as to detect whether a user exists in the room…
¶109: When the indoor light detection sensor continuously detects light lower than a predetermined threshold illuminance (Lx) over a period of time longer than a predetermine threshold time, the temperature and humidity control device 100 may detect that no occupant stays in the room.];
utilizing external weather data in addition to the at least one biometric parameter of the user and indoor environmental data for adjusting HVAC settings for optimal efficiency. [¶41: temperature and humidity control device 100 may acquire the environmental information by receiving weather forecast information from the meteorological agency's server. That is, the temperature and humidity control device 100 may, for example, receive, from the meteorological agency's server, weather forecast information for tomorrow or several days from now and use the received information to generate control information for controlling the HVAC system at the corresponding date…
¶8: acquiring at least one piece of environmental information and user biometric information, determining, based on the acquired at least one piece of the environmental information and the user biometric information, control information…and controlling a heating, ventilation, and air conditioning (HVAC) system based on the determined control information].
Claim(s) 7, 11 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bostick and Lee, and further in view of Bazar (US20170146258A1) [hereinafter Bazar].
Regarding claim 7 (amended):
Bostick and Lee disclose all the elements of claim 1, but they do not explicitly disclose, and
Bazar discloses, wherein the wearable device detects the user's presence in a specific zone, and [¶24: Dynamic user program 122 may track geological locations and physiological conditions of the user via sensor(s) 142 in wearable device 140…
¶39: sensor(s) 142 may include access to a global positioning system (GPS) allowing dynamic user program 122 to determine the exact location and speed of travel of the user.];
the microcontroller adjusts the HVAC settings of that zone based on both the at least one biometric parameter and environmental data. [¶24: control smart appliance 130 based on a user's geological location and physiological condition…
¶39: sensor(s) 142 may detect physiological aspects of the user such as body temperature, heart rate, blood pressure, and the like. …
¶34: sensor(s) 132 may detect the ambient temperature of smart appliance 130, and transmit such information to dynamic user program 122…if dynamic user program 122 determines that the temperature of a user's house needs be at a specific level in order to maintain the user's ideal physiological temperature, then through sensor(s) 132, dynamic user program 122 will know either to change (raise or lower the temperature) or maintain the current temperature of smart appliance 130…
¶35: smart appliance 130 may be controlled via a thermostatic control interface for an air conditioning or heating unit, wherein dynamic user program 122 can raise or lower the environmental temperature based on the user's determined geographical and/or physiological need.].
Therefore, it would have been obvious to one of ordinary skill in the art before the filling date of the claimed invention to have combined the capability of detecting by the wearable device, the user's presence in a specific zone; and adjusting by the microcontroller, the HVAC settings of that zone based on both the at least one biometric parameter and environmental data in order to control environment at user’s location to maintain physiological wellbeing of a user with the additional benefit of increasing the overall environment efficiency by minimizing wasted electricity taught by Bazar with the system taught by Bostick and Lee as discussed above in order to have reasonable expectation of success such as to in order to control environment at user’s location to maintain physiological wellbeing of a user with the additional benefit of increasing the overall environment efficiency by minimizing wasted electricity [Bazar: ¶32: smart appliance 130 represents any physical object of the IOT which may be controlled to affect the physiological wellbeing of a user, and/or to increase the overall environment efficiency by minimizing wasted electricity.].
Regarding claim 11 (amended):
Bostick and Lee disclose all the elements of claim 1, and
Bostick further discloses, wherein the smart device coupled to the wearable device and environmental sensor device comprises at least one of a smart-phone or a tablet, and [¶18: a host computing platform 210 that includes one or more computers, each with memory 210B and at least one processor 210A…
Examiner notes that tablet is a computing device with a processor and memory, and Bostick teaches a computing device 210 with processor and memory], and
Bazar further discloses, wherein the smart device…comprises at least one of a smart-phone or a tablet, and [¶62: Computer system 400 includes” “input/output (I/O) interface(s) 414…
¶67: I/O interface(s) 414 also connect to a display 422…
¶68: Display 422 can also be an incorporated display and may function as a touch screen, such as a built-in display of a tablet computer.].
wherein the wearable device is a smart ring. [¶39: “Examples of wearable device 140 include, but are not limited to, a ring, a bracelet, a wristband or a wristwatch.”].
Regarding claim 18 (amended):
Bostick and Lee disclose all the elements of claim 13, and
Lee further discloses, applying an adaptive algorithm, by the environmental sensor device, to dynamically adjusts HVAC settings by correlating biometric responses of the user with real-time environmental conditions; [¶8: acquiring at least one piece of environmental information and user biometric information, determining, based on the acquired at least one piece of the environmental information and the user biometric information, control information…and controlling a heating, ventilation, and air conditioning (HVAC) system based on the determined control information...
¶33: The temperature and humidity control device 100 may acquire the environmental information using an internal sensor provided therein], but Bostick and Lee do not explicitly disclose, and
Bazar discloses, detecting the user's presence in a specific zone; and [¶24: Dynamic user program 122 may track geological locations and physiological conditions of the user via sensor(s) 142 in wearable device 140…
¶39: sensor(s) 142 may include access to a global positioning system (GPS) allowing dynamic user program 122 to determine the exact location and speed of travel of the user.];
adjusting the HVAC settings of that zone based on both the at least one biometric parameter and environmental data. [¶24: control smart appliance 130 based on a user's geological location and physiological condition…
¶39: sensor(s) 142 may detect physiological aspects of the user such as body temperature, heart rate, blood pressure, and the like. …
¶34: sensor(s) 132 may detect the ambient temperature of smart appliance 130, and transmit such information to dynamic user program 122…if dynamic user program 122 determines that the temperature of a user's house needs be at a specific level in order to maintain the user's ideal physiological temperature, then through sensor(s) 132, dynamic user program 122 will know either to change (raise or lower the temperature) or maintain the current temperature of smart appliance 130…
¶35: smart appliance 130 may be controlled via a thermostatic control interface for an air conditioning or heating unit, wherein dynamic user program 122 can raise or lower the environmental temperature based on the user's determined geographical and/or physiological need.].
Therefore, it would have been obvious to one of ordinary skill in the art before the filling date of the claimed invention to have combined above described teachings of Bazar with the method taught by Bostick and Lee as discussed above for the same reasons as described above in claim 7.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is listed in the PTO-892 Notice of Reference Cited document mailed on 12/12/2025.
KWAK et al. (US20180321700A1) - Technique for controlling equipment based on biometric information:
¶20: generate a command to control an external equipment based on biometric information, receive at least one piece of biometric information from an ambient sensor, and a controller configured to determine whether to calculate a calorific value using the stored biometric information and the received biometric information, calculate the calorific value using the stored biometric information and the received biometric information, and generate a command to control the external equipment based on the calculated calorific value.
Tiwariet al. (US20190360708A1) - Biometric air conditioning control system:
¶5: A local electronic device located in a predefined area; an ambient air parameter sensor measure and output at least one measured air parameter information; a mobile device adapted to be carried by an occupant, a biometrics sensor configured to measure and output at least one measured biometric information of the occupant relative to occupant comfort.
Fullam al. (US20160091877A1) - Environmental control via wearable computing system:
¶13: adjusting ambient conditions in an environment to enhance an experience of one or more human subjects wearing wearable computing systems in the environment by controlling an environmental control system external from the wearable computing systems to adjust ambient conditions in the environment.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED SHAFAYET whose telephone number is (571)272-8239. The examiner can normally be reached M-F 8:30 AM-5:00 PM.
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/M.S./
Patent Examiner,
Art Unit 2116
/KENNETH M LO/Supervisory Patent Examiner, Art Unit 2116
