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.
Priority
Foreign priority:
Acknowledgment is made of applicant’s claim for foreign priority to application no. IN202441019479 filled on 03/16/2024. The certified copy has been received.
Continuation of PCT:
The current application is a Continuation of the PCT application no. PCT/IN2025/050366 filled on 03/13/2025.
Response to Amendment
This Office Action is responsive to the amendment filed on 03/12/2026.
Amended claims 1-3, 6-8, 11, 13-18, and 20 are being fully considered by the examiner.
In response to applicant’s amendments to claims 1, 8, 13, 16, 18 and 20, all the claim objections as set forth in the previous office action has been withdrawn.
In response to applicant’s amendments to claims 1 and 6-8, all the 35 USC § 112(a) and 35 USC § 112(a) rejections of claims 1-3, 5-8 and 11 (related to the claim interpretations and written description failing to disclose the corresponding structure) as set forth in the previous office action has been withdrawn.
In response to applicant’s amendments to claim 20, all the 35 USC § 112(d) rejections as set forth in the previous office action has been withdrawn.
Based on the applicant’s amendments to claims 1 and 6-8, claim interpretations are updated as described in the claim interpretation section in this office action.
This action is MADE FINAL. Please see response to arguments section for further details.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f), is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f):
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f), is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f), is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f), except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f), except as otherwise indicated in an Office action.
Claims 1 and 8:
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f), because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
microcontroller unit (MCU) in claims 1 and 8.
The claim limitations as described above uses generic placeholders for performing the claimed function such that the generic placeholders are modified by functional language as discussed below,
the generic placeholder “microcontroller unit (MCU)” is modified by the functional language, “configured to:”
receive the at least one biometric parameter associated with the user from the smart device and an indication of the deviation based on the threshold;” “determine the at least one ambient condition of the zone of user's presence;” “transmit the control signal for controlling one or more operating conditions of the HVAC system, based on the deviation of the at least one biometric parameter associated with the user, to achieve a desired ambient condition for the user.” in claim 1.
“continuously receive the at least one biometric parameter associated with the user from the smart device; and continuously monitor the at least one ambient condition of the zone of user's presence; and 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.” in claim 8.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f), it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
“microcontroller unit (MCU)” in claims 1 and 8 being interpreted to cover the corresponding structure “one or more microcontrollers” described in the specification paragraph 113: “the MCU 301 may be a single processing unit or a number of units, all of which could include multiple computing units. The MCU 301 may be implemented as one or more microprocessors, microcomputers, microcontrollers, digital signal processors, central processing units, logical processors, virtual processors, state machines, logic circuitries, and/or any devices that manipulate signals based on operational instructions. Among other capabilities, MCU 301 is configured to fetch and execute computer-readable instructions and data stored in a memory 303.”
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) applicant may:
(1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) (e.g., by reciting sufficient structure to perform the claimed function); or
(2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f).
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, 5-8, 11, 13-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bazar (US20170146258A1) [hereinafter Bazar] and further in view of Lee et al. (US20160061472A1) [hereinafter Lee].
Regarding claim 1 (amended):
Bazar discloses, A system for controlling an HVAC system based on user's biometric parameters, comprising: [¶28: “detect a spike in a user's physiological condition, and automatically adjust smart appliance 130 to assist the user accordingly. For example, if a user's heartrate and temperate rise, dynamic user program 122 may determine a user is working out and automatically adjust the thermostat at the user's house to best suit the user.”… ¶57: “detects, from wearable device 140, that the user is working out and in a warm environment and dynamic user program 122 detects, from the user's smart air conditioning appliance, that the user's house is set to cool; then dynamic user program 122 may override the preset temperature of the smart air conditioning unit and fine tune the actual temperature to meet the physiological needs of the user.”];
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; [¶28: “Wearable device 140 may be multi-purpose devices that, for example, include” “a ring, etc. Examples of wearable device 140 include, but are not limited to, a ring, a bracelet, a wristband or a wristwatch.” “wearable device 140 is a device worn by a user. Wearable device 140 includes sensors(s) 142.”… ¶39: “Sensor(s) 142 sense, detect and/or measure various movements and physiological conditions of a user.” “142 might detect motion of the user,” “142 may detect physiological aspects of the user such as body temperature, heart rate, blood pressure, and the like.”];
an environmental sensor 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 [¶34: “Sensor(s) 132 detect and/or measure various environmental aspects” “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.”… ¶24: “122 operates generally to control smart appliance 130 based on a user's geological location and physiological condition.”.. ¶32: “smart appliance 130 many include” “heating air conditioning and ventilation (HVAC) equipment, etc.”
Examiner notes that detection of ambient condition in a zone of user presence is broad, and in broadest reasonable interpretation it means that any ambient condition is detected in any location location/zone where the user is present.
Accordingly Bazar teaches, determining ambient condition using ambient sensor in order to control HVAC to match user comfort at a location where user is present.];
a smart device coupled to the wearable device and the environmental sensor, the smart device comprising an executable application configured to receive the at least one biometric parameter of the user and identify a deviation based on a threshold, [¶22: “120 is a server computer.” “may be” “any other electronic device capable of receiving and sending data.” “120 contains dynamic user program 122, and information repository 124.”… ¶25: “dynamic user program 122 receives” “geographical and physiological of a user. Dynamic user program 122 may analyze data received from sensor(s) 132 and sensor(s) 142.”…¶24: “Dynamic user program 122 may track geological locations and physiological conditions of the user via sensor(s) 142 in wearable device 140.”… ¶34: “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.”…¶28: “if a user's heartrate and temperate rise, dynamic user program 122 may determine a user is working out and automatically adjust the thermostat at the user's house to best suit the user.”
Examiner notes that, in broadest reasonable interpretation, based on a threshold means based on any threshold and identify a deviation means identifying any type of deviation.
Accordingly Bazar teaches determination of deviation in user heartrate and temperature rise based on any threshold that marks that the heartrate and temperature starts rising beyond a suitable/threshold limit], but Bazar doesn’t explicitly disclose, and
Lee discloses, wherein the environmental sensor further comprises a microcontroller unit (MCU), said MCU is configured to: [¶44: “The temperature and humidity control device 100 may include at least one sensor, and the sensor may include a temperature detection sensor, a vapor detection sensor, a heat detection sensor, and the like. In order to control the HVAC system, the temperature and humidity control device 100 may acquire current room temperature, outdoor temperature, and relative humidity using the sensors included therein.”];
receive the at least one biometric parameter associated with the user from the smart device and an indication of the deviation based on the threshold; [¶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 include a mobile device, such as a smart phone, or a wearable device (electronic device that a user wears on his/her body)”… ¶48: “the user equipment 110 may determine the current condition of a user by comparing user biometric information received in real time from the internal sensors with user biometric information stored at a previous point of time or bio-pattern information generated and stored in advance by a manufacturer. 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.”
Examiner notes that, in broadest reasonable interpretation, deviation based on threshold means any deviation based on any threshold.
As such Lee teaches, receiving measured biometric parameters and an indication that there is a deviation based on a threshold such as determining any deviation in user condition based on comparing the received biometric information and any desired/threshold];
determine 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,”… ¶49: “The temperature and humidity control device 100 may maintain a high level of comfort experienced by a user in the room”… ¶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.”… ¶110: “the temperature and humidity control device 100 may control the equipment in the specific section based on environmental information received from the sensors that are provided in the indoor equipment located in each home area,”];
transmit the control signal for controlling one or more operating conditions of the HVAC system, based on the deviation of the at least one biometric parameter associated with the user, to achieve a desired ambient condition for the user. [¶108: “When the heart rate and body temperature of the user are higher than the threshold values determined on based the user characteristics, the temperature and humidity control device 100 determines whether the motion of the user is accelerated.” “Upon receiving the detection information from the user equipment 110, the temperature and humidity control device 100 may determine whether the user is exercising. When it is determined that the user is exercising, the temperature and humidity control device 100 may control the equipment including the HVAC system” “when it is determined that the user is exercising, the temperature and humidity control device 100 may set, as target values, that is, as control information, room temperature and relative humidity that allow the PMV, which may be included in statistical information, to have a value ranging from −0.5 to −1.0, and accordingly control the HVAC system.”
Also see fig. 9C, when user biometric information deviates such as heart rate more than 100bpm then control HVAC cool the space.
Examiner notes that, in broadest reasonable interpretation, deviation based on threshold means any deviation based on any threshold.].
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 environmental sensor with controller unit configure to receive the at least one biometric parameter associated with the user from the smart device and an indication of the deviation based on the threshold; determine the at least one ambient condition of the zone of user's presence; transmit the control signal for controlling one or more operating conditions of the HVAC system, based on the deviation of the at least one biometric parameter associated with the user, to achieve a desired ambient condition for the user to achieve a desired ambient condition for the user to automatically provide the user with a comfortable environment without the hassle of receiving setting information input in real time from a user taught by Lee with the system taught by Bazar as discussed above in order to have reasonable expectation of success such as to achieve a desired ambient condition for the user to automatically provide the user with a comfortable environment without the hassle of receiving setting information input in real time from a user [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):
Bazar and Lee disclose all the elements of claim 1, and
Bazar further discloses, wherein the environmental sensor is configured to:
control the one or more operating conditions of the HVAC system via a smart home hub; [¶20: “environment 100 includes server 120, smart appliance 130, wearable device 140, all interconnected over network 110.” ¶22: “server 120 is a server computer.” “Server 120 contains dynamic user program 122, and information repository 124.”… ¶24: “Dynamic user program 122 may track geological locations and physiological conditions of the user” “122 operates generally to control smart appliance 130 based on a user's geological location and physiological condition. Dynamic user program 122 analyzes all information contained in information repository 124 relating to a specific user's wearable device 140.”… ¶15: “IOT may be used to monitor and control various mechanical and electrical systems used in one's home.”... ¶49: “dynamic user program 122, may utilize various readings from smart appliance 130 and will determine IOT appliance settings that comply with the health profile of the user. Based on the generated profile of appliances, dynamic user program 122, may, based on the immediate health needs of the user, automatically alter the smart appliances.”].
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. [¶34: “Sensor(s) 132 detect and/or measure various environmental aspects” “sensor(s) 132 may detect the ambient temperature of smart appliance 130, and transmit such information to dynamic user program 122.”
Examiner notes that, claim requires only one of temperature, humidity, air quality, light levels, noise level, pressure level, or occupancy level.
As such Bazar discloses, detect at least one ambient conditions such as a temperature].
Regarding claim 3 (amended):
Bazar and Lee disclose all the elements of claim 1, and
Bazar further discloses, wherein the one or more ambient condition around the user includes at least one of temperature, humidity, air quality, light levels, noise level, or occupancy level. [¶34: “Sensor(s) 132 detect and/or measure various environmental aspects” “sensor(s) 132 may detect the ambient temperature of smart appliance 130, and transmit such information to dynamic user program 122.”
Examiner notes that, claim requires only one of temperature, humidity, air quality, light levels, noise level, or occupancy level.
As such Bazar discloses, detect at least one ambient conditions such as a temperature.].
Regarding claim 5:
Bazar and Lee disclose all the elements of claim 1, and
Bazar 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. [¶36: “wearable device 140 is a device worn by a user. Wearable device 140 includes sensors(s) 142.”… ¶24: “track geological locations and physiological conditions of the user via sensor(s) 142 in wearable device 140.”… ¶39: “sensor(s) 142 might detect motion of the user,” “142 may detect physiological aspects of the user such as body temperature, heart rate, blood pressure, and the like. Sensor(s) 142 may be any sensor or sensor system known in the art to assist dynamic user program 122 in determining aspects of the user, in order ensure the health of the user.”
Examiner notes that, claim requires only one of a heart rate sensor, a skin temperature sensor, a blood oxygen sensor, a respiratory rate sensor, motion sensor.
As such Bazar discloses, sensor 142 in wearable biometric device includes sensors that detect user motion/position, temperature, heart rate, blood pressure etc.].
Regarding claim 6 (amended):
Bazar and Lee disclose all the elements of claim 1, and
Bazar further discloses, wherein the MCU 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. [¶34: “Sensor(s) 132 detect and/or measure various environmental aspects” “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.”… ¶24: “122 operates generally to control smart appliance 130 based on a user's geological location and physiological condition.”.. ¶32: “smart appliance 130 many include” “heating air conditioning and ventilation (HVAC) equipment, etc.”… ¶39: “sensor(s) 142 might detect motion of the user,” “142 may detect physiological aspects of the user such as body temperature, heart rate, blood pressure, and the like. Sensor(s) 142 may be any sensor or sensor system known in the art to assist dynamic user program 122 in determining aspects of the user, in order ensure the health of the user.”].
Regarding claim 7 (amended):
Bazar and Lee disclose all the elements of claim 1, and
Bazar further discloses, wherein the wearable device detects the user's presence in a specific zone, and the MCU adjusts the HVAC settings of that zone based on both the at least one biometric parameter and environmental data. [¶39: “Sensor(s) 142 sense, detect and/or measure various movements and physiological conditions of a user. For example, sensor(s) 142 might detect motion of the user, via accelerometers, gyroscopes etc.” “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 detect and/or measure various environmental aspects” “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.”].
Regarding claim 8 (amended):
Bazar and Lee disclose all the elements of claim 1, and
Lee further discloses, wherein the MCU is configured to: [¶44: “The temperature and humidity control device 100 may include at least one sensor, and the sensor may include a temperature detection sensor, a vapor detection sensor, a heat detection sensor, and the like. In order to control the HVAC system, the temperature and humidity control device 100 may acquire current room temperature, outdoor temperature, and relative humidity using the sensors included therein.”];
continuously receive the at least one biometric parameter associated with the user from the smart device; [¶109: “the temperature and humidity control device 100 may use sensors, which are provided in the indoor equipment located in each home area, as described above, to determine, for each area, whether a user stays in the room. When the indoor sound detection sensor continuously detects a sound lower than a predetermined threshold sound level (decibel) 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. 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.”… ¶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.”… ¶110: “the temperature and humidity control device 100 may control the equipment in the specific section based on environmental information received from the sensors that are provided in the indoor equipment located in each home area,”… ¶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.”
Examiner notes that, in the claim objection section, the ambience condition is construed as the ambient conditions.];
utilize external weather data in addition to the at least one 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.”… ¶108: “When the heart rate and body temperature of the user are higher than the threshold values determined on based the user characteristics, the temperature and humidity control device 100 determines whether the motion of the user is accelerated.” “Upon receiving the detection information from the user equipment 110, the temperature and humidity control device 100 may determine whether the user is exercising. When it is determined that the user is exercising, the temperature and humidity control device 100 may control the equipment including the HVAC system” “when it is determined that the user is exercising, the temperature and humidity control device 100 may set, as target values, that is, as control information, room temperature and relative humidity that allow the PMV, which may be included in statistical information, to have a value ranging from −0.5 to −1.0, and accordingly control the HVAC system.”];
Regarding claim 11 (amended):
Bazar and Lee disclose all the elements of claim 1, and
Bazar further discloses, wherein the smart device coupled to the wearable device and environmental sensor comprises at least one of a smart-phone or a tablet, and [¶22: “120 is a server computer.” “may be” “any other electronic device capable of receiving and sending data.” “120 contains dynamic user program 122, and information repository 124.”… ¶25: “dynamic user program 122 receives” “geographical and physiological of a user. Dynamic user program 122 may analyze data received from sensor(s) 132 and sensor(s) 142.”… ¶61: “FIG. 4 is a block diagram of internal and external components of a computer system 400, which is representative of the computer systems of FIG. 1,”… ¶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 13 (amended):
Bazar discloses, A method for controlling an HVAC system based on a user's biometric parameters, comprising: [¶16: “provide systems and methods to automatically utilize a wearable device by receiving and analyzing inputs for various user parameters activities, and then accordingly controls/programs the TOT enabled appliances used by the user to ensure that the health profile of the user is maintained.”… ¶28: “detect a spike in a user's physiological condition, and automatically adjust smart appliance 130 to assist the user accordingly. For example, if a user's heartrate and temperate rise, dynamic user program 122 may determine a user is working out and automatically adjust the thermostat at the user's house to best suit the user.”… ¶57: “detects, from wearable device 140, that the user is working out and in a warm environment and dynamic user program 122 detects, from the user's smart air conditioning appliance, that the user's house is set to cool; then dynamic user program 122 may override the preset temperature of the smart air conditioning unit and fine tune the actual temperature to meet the physiological needs of the user.”];
detecting, by one or more biometric sensors of a wearable device, at least one biometric parameter of the user; [¶28: “Wearable device 140 may be multi-purpose devices that, for example, include” “a ring, etc. Examples of wearable device 140 include, but are not limited to, a ring, a bracelet, a wristband or a wristwatch.” “wearable device 140 is a device worn by a user. Wearable device 140 includes sensors(s) 142.”… ¶39: “Sensor(s) 142 sense, detect and/or measure various movements and physiological conditions of a user.” “142 might detect motion of the user,” “142 may detect physiological aspects of the user such as body temperature, heart rate, blood pressure, and the like.”];
sending the at least one detected biometric parameter of the user to a smart device, wherein the smart device includes an executable application;
identifying, by the smart device, a deviation of the at least one biometric parameter based on a threshold; [¶22: “120 is a server computer.” “may be” “any other electronic device capable of receiving and sending data.” “120 contains dynamic user program 122, and information repository 124.”… ¶25: “dynamic user program 122 receives” “geographical and physiological of a user. Dynamic user program 122 may analyze data received from sensor(s) 132 and sensor(s) 142.”…¶24: “Dynamic user program 122 may track geological locations and physiological conditions of the user via sensor(s) 142 in wearable device 140.”… ¶34: “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.”…¶28: “if a user's heartrate and temperate rise, dynamic user program 122 may determine a user is working out and automatically adjust the thermostat at the user's house to best suit the user.”
Examiner notes that, in broadest reasonable interpretation, based on a threshold means based on any threshold and identify a deviation means identifying any type of deviation.
Accordingly Bazar teaches determination of deviation in user heartrate and temperature rise based on any threshold that marks that the heartrate and temperature starts rising beyond a suitable/threshold limit], but Bazar doesn’t explicitly disclose, and
Lee discloses, receiving, by an environmental sensor, the at least one biometric parameter associated with the user from the smart device and an indication of the deviation of the at least one biometric parameter; [¶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 include a mobile device, such as a smart phone, or a wearable device (electronic device that a user wears on his/her body)”… ¶48: “the user equipment 110 may determine the current condition of a user by comparing user biometric information received in real time from the internal sensors with user biometric information stored at a previous point of time or bio-pattern information generated and stored in advance by a manufacturer. 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.”
Examiner notes that, in broadest reasonable interpretation, deviation based on threshold means any deviation based on any threshold.
As such Lee teaches, receiving measured biometric parameters and an indication that there is a deviation based on a threshold such as determining any deviation in user condition based on comparing the received biometric information and any desired/threshold];
determining, by the environmental sensor, at least one ambient condition of a 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,”… ¶49: “The temperature and humidity control device 100 may maintain a high level of comfort experienced by a user in the room”… ¶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.”… ¶110: “the temperature and humidity control device 100 may control the equipment in the specific section based on environmental information received from the sensors that are provided in the indoor equipment located in each home area,”];
transmitting, by the environmental sensor, one or more control signals to HVAC system for controlling one or more operating conditions based on deviation of the at least one biometric parameter of the user, to achieve a desired ambient condition. [¶108: “When the heart rate and body temperature of the user are higher than the threshold values determined on based the user characteristics, the temperature and humidity control device 100 determines whether the motion of the user is accelerated.” “Upon receiving the detection information from the user equipment 110, the temperature and humidity control device 100 may determine whether the user is exercising. When it is determined that the user is exercising, the temperature and humidity control device 100 may control the equipment including the HVAC system” “when it is determined that the user is exercising, the temperature and humidity control device 100 may set, as target values, that is, as control information, room temperature and relative humidity that allow the PMV, which may be included in statistical information, to have a value ranging from −0.5 to −1.0, and accordingly control the HVAC system.”
Also see fig. 9C, when user biometric information deviates such as heart rate more than 100bpm then control HVAC cool the space.
Examiner notes that, in broadest reasonable interpretation, deviation based on threshold means any deviation based on any threshold.].
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 environmental sensor with control unit configure to receiving, by an environmental sensor, the at least one biometric parameter associated with the user from the smart device and an indication of the deviation of the at least one biometric parameter; determining, by the environmental sensor, at least one ambient condition of a zone of user's presence; transmitting, by the environmental sensor, one or more control signals to HVAC system for controlling one or more operating conditions based on deviation of the at least one biometric parameter of the user, to achieve a desired ambient condition to achieve a desired ambient condition for the user to automatically provide the user with a comfortable environment without the hassle of receiving setting information input in real time from a user taught by Lee with the method taught by Bazar as discussed above in order to have reasonable expectation of success such as to achieve a desired ambient condition for the user to automatically provide the user with a comfortable environment without the hassle of receiving setting information input in real time from a user [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):
Bazar and Lee disclose all the elements of claim 13, and
Bazar further discloses, controlling, by the environmental sensor module, one or more operating conditions of the HVAC system via a smart home hub. [¶20: “environment 100 includes server 120, smart appliance 130, wearable device 140, all interconnected over network 110.” ¶22: “server 120 is a server computer.” “Server 120 contains dynamic user program 122, and information repository 124.”… ¶24: “Dynamic user program 122 may track geological locations and physiological conditions of the user” “122 operates generally to control smart appliance 130 based on a user's geological location and physiological condition. Dynamic user program 122 analyzes all information contained in information repository 124 relating to a specific user's wearable device 140.”… ¶15: “IOT may be used to monitor and control various mechanical and electrical systems used in one's home.”... ¶49: “dynamic user program 122, may utilize various readings from smart appliance 130 and will determine IOT appliance settings that comply with the health profile of the user. Based on the generated profile of appliances, dynamic user program 122, may, based on the immediate health needs of the user, automatically alter the smart appliances.”].
Regarding claim 15 (amended):
Bazar and Lee disclose all the elements of claim 13, and
Bazar 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. [¶34: “Sensor(s) 132 detect and/or measure various environmental aspects” “sensor(s) 132 may detect the ambient temperature of smart appliance 130, and transmit such information to dynamic user program 122.”
Examiner notes that, claim requires only one of temperature, humidity, air quality, light levels, noise level, or occupancy level.
As such Bazar discloses, detect at least one ambient conditions such as a temperature.].
Regarding claim 16 (amended):
Bazar and Lee disclose all the elements of claim 13, and
Bazar 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. [¶34: “Sensor(s) 132 detect and/or measure various environmental aspects” “sensor(s) 132 may detect the ambient temperature of smart appliance 130, and transmit such information to dynamic user program 122.”
Examiner notes that, claim requires only one of temperature, humidity, air quality, light levels, noise level, pressure level, or occupancy level.
As such Bazar discloses, determining at least one ambient conditions such as a temperature.].
Regarding claim 17:
Bazar and Lee disclose all the elements of claim 13, and
Bazar 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. [¶36: “wearable device 140 is a device worn by a user. Wearable device 140 includes sensors(s) 142.”… ¶24: “track geological locations and physiological conditions of the user via sensor(s) 142 in wearable device 140.”… ¶39: “sensor(s) 142 might detect motion of the user,” “142 may detect physiological aspects of the user such as body temperature, heart rate, blood pressure, and the like. Sensor(s) 142 may be any sensor or sensor system known in the art to assist dynamic user program 122 in determining aspects of the user, in order ensure the health of the user.”
Examiner notes that, claim requires only one of a heart rate sensor, a skin temperature sensor, a blood oxygen sensor, a respiratory rate sensor, motion sensor.
As such Bazar discloses, sensor 142 in wearable biometric device includes sensors that detect user motion/position, temperature, heart rate, blood pressure etc.].
Regarding claim 18 (amended):
Bazar and Lee disclose all the elements of claim 13, and
Bazar further discloses, applying an adaptive algorithm, by the environmental sensor module, to dynamically adjusts HVAC settings by correlating biometric responses of the user with real-time environmental conditions; [¶34: “Sensor(s) 132 detect and/or measure various environmental aspects” “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.”… ¶24: “122 operates generally to control smart appliance 130 based on a user's geological location and physiological condition.”.. ¶32: “smart appliance 130 many include” “heating air conditioning and ventilation (HVAC) equipment, etc.”… ¶39: “sensor(s) 142 might detect motion of the user,” “142 may detect physiological aspects of the user such as body temperature, heart rate, blood pressure, and the like. Sensor(s) 142 may be any sensor or sensor system known in the art to assist dynamic user program 122 in determining aspects of the user, in order ensure the health of the user.”].
detecting the user's presence in a specific zone; and
adjusting the HVAC settings of that zone based on both the at least one biometric parameter and environmental data. [¶39: “Sensor(s) 142 sense, detect and/or measure various movements and physiological conditions of a user. For example, sensor(s) 142 might detect motion of the user, via accelerometers, gyroscopes etc.” “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 detect and/or measure various environmental aspects” “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.”].
Regarding claim 20 (amended):
Bazar and Lee disclose all the elements of claim 13, and
Lee further discloses, continuously receiving, by the environmental sensor, the at least one biometric parameter associated with the user from the smart device; [¶109: “the temperature and humidity control device 100 may use sensors, which are provided in the indoor equipment located in each home area, as described above, to determine, for each area, whether a user stays in the room. When the indoor sound detection sensor continuously detects a sound lower than a predetermined threshold sound level (decibel) 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. 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.”… ¶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.”
Examiner notes that claim 20 is construed as depending from the method of independent claim 13 as described in the 35 USC 112(d) section.];
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.”… ¶110: “the temperature and humidity control device 100 may control the equipment in the specific section based on environmental information received from the sensors that are provided in the indoor equipment located in each home area,”… ¶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.”
Examiner notes that, in the claim objection section, the ambience condition is construed as the ambient conditions.];
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.”… ¶108: “When the heart rate and body temperature of the user are higher than the threshold values determined on based the user characteristics, the temperature and humidity control device 100 determines whether the motion of the user is accelerated.” “Upon receiving the detection information from the user equipment 110, the temperature and humidity control device 100 may determine whether the user is exercising. When it is determined that the user is exercising, the temperature and humidity control device 100 may control the equipment including the HVAC system” “when it is determined that the user is exercising, the temperature and humidity control device 100 may set, as target values, that is, as control information, room temperature and relative humidity that allow the PMV, which may be included in statistical information, to have a value ranging from −0.5 to −1.0, and accordingly control the HVAC system.”].
Response to Arguments
Applicant's arguments filed 03/12/2026 have been fully considered but they are not persuasive.
Applicant responds
(a) Rejections under 35 U.S.C. § 103
sends the biometric parameters to a separate smart device
The smart device…sends an indication of the deviation to a separate environmental sensor.
the deviation indication is generated by the smart device, and then used by a separate environmental sensor to control the HVAC.
Bazar discloses…rather than any threshold deviation flagged by a designated smart device and forwarded as a deviation indication to a separate environmental module controller).
Lee describes …, but it does not teach any comparable smart device deviation-detection or deviation-indication handoff to a separate environmental controller.
(Pages: 8-9)
With respect to (a) above, Examiner appreciates the interpretative description given by Applicant in response.
Regarding the limitations, identify a deviation based on a threshold; and microcontroller unit (MCU) is configured to: receive…. an indication of the deviation based on the threshold, these limitations broadly state a deviation based on a threshold that is it doesn’t state deviation of what type of parameters/values. Therefore, in broadest reasonable interpretation, a deviation based on a threshold can be any deviation of any parameter/values and indication of deviation can be any indication of the deviation based on any threshold. As described in the previous office action, Bazar discloses the limitation, identify a deviation based on a threshold; Bazar discloses, tracking user phycological condition such that determination/identification of deviation of user biometric parameter based on any threshold (i.e.; to check if it is out of range compared to desired/normal condition), and also identifies deviation of environmental temperature from desired temperature etc. As described in the previous office action, Lee discloses the limitation, receive an indication of deviation based on the threshold; Lee discloses, controller receiving an indication that there is a deviation in user current condition (based on detected biometric parameter) compared to a desired/normal stored threshold condition.
Regarding the arguments, claim reciting: sends the biometric parameters to a separate smart device; the smart device…sends an indication of the deviation to a separate environmental sensor; the deviation indication is generated by the smart device, and then used by a separate environmental sensor to control the HVAC:
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e separate smart device, separate environmental sensor) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim recites environmental sensor send a control signal to the HVAC system; and a smart device coupled to the wearable device and the environmental sensor. In broadest reasonable interpretation, smart device coupled to the wearable device and environmental sensor doesn’t necessarily mean wearable device and environmental sensor are separate devices. Claim doesn’t specifically recite these elements being “separate” and claim doesn’t recite sending information/indications to elements/components that are separate. However, as described in the previous office action, Lee discloses, separate Wearable device 140, separate smart device 120, and separate sensor 132 as shown in figure 1; and Lee discloses, separate wearable device, separate control device 100 etc.
Applicant’s arguments are fully considered, but for the above described reasons, they are not persuasive; therefore, pending claims are rejected under 35 USC §103 in view of the references as set forth in the current office action.
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.
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; execute the software-based application that compares the authentication data to the beacon signal, and compares the profile matrix data, to the occupant comfort level information inputted by the occupant via the HID, the at least one measured biometric information, and the at least one measured air parameter information.
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. a wearable computing system may comprise one or more biometric sensors configured to provide biometric data of a human subject wearing the wearable computing system. Biometric (e.g., thermal level, eye strain level, and other suitable comfort characteristics) of the human subject. Based upon the biometric data, an environmental control system may be controlled to adjust an environmental parameter of the environment (e.g., ambient temperature, ambient light intensity, ambient light color and other environmental parameters) to change the comfort characteristic of the human subject. In this manner, feedback from the biometric sensors of the wearable computing system may be leveraged to change the comfort level of the human subject as desired via manipulation of ambient environmental conditions.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.S./
Patent Examiner,
Art Unit 2116
/KENNETH M LO/Supervisory Patent Examiner, Art Unit 2116
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