www.uspto.gov
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
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`15/432,508
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`02/14/2017
`
`Takayuki KOBAYASHI
`
`08279.1777USD1
`
`3092
`
`53148
`
`759°
`
`11/26/2018
`
`HAMRE, SCHUMANN, MUELLER & LARSON RC.
`45 South Seventh Street
`Suite 2700
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`MINNEAPOLIS, MN 55402-1683
`
`KARIM' ZIAUL
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`PAPER NUMBER
`
`ART UNIT
`2119
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`NOTIFICATION DATE
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`DELIVERY MODE
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`11/26/2018
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`PTOMai1@hsml.eom
`
`PTOL-90A (Rev. 04/07)
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`

`

`Off/09 A0170” Summary
`
`Application No.
`15/432,508
`Examiner
`ZIAUL KARIM
`
`Applicant(s)
`KOBAYASHI et al.
`Art Unit
`AIA Status
`2119
`No
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1. 136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
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`1). Responsive to communication(s) filed on 02/14/2017.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`5)
`Claim(s)
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`7—13 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
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`6 7
`
`8
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`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
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`is/are: a)D accepted or b)l:] objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a). All
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`b)I:J Some”
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`c)C] None of the:
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`1.. Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
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`3.[:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mai| Date See Continuation Sheet
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20181119
`
`

`

`Continuation Sheet (PTOL-326)
`
`Application No. 15/432,508
`
`Continuation of Attachment(s) 2) Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date: 02/14/2017, 06/15/2017, 06/27/2017, 07/31/2017, 09/01/2017, 01/04/2018
`
`

`

`Application/Control Number: 15/432,508
`Art Unit: 2119
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application is being examined under the pre-AIA first to invent
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`provisions.
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`2.
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`3.
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`Claims 7-13 are pending.
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`Claims 1-6 are cancelled.
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`Claim Rejections - 35 USC § 101
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`4.
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`35 U.S.C. 101 reads as follows:
`
`Whoever invents or discovers any new and useful process, machine, manufacture, or
`composition of matter, or any new and useful improvement thereof, may obtain a patent
`therefor, subject to the conditions and requirements of this title.
`
`Claims 7-19 are rejected under 35 U.S.C. § 101 because the claimed invention is
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`directed to non-statutory subject matter.
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`The claim(s) does not fall within at least one of the four categories of patent eligible
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`subject matter because the claimed invention is directed to a judicial exception (Le, a
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`law of nature, a natural phenomenon, or an abstract idea) without significantly more.
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`The claimed invention is directed to non-statutory subject matter because the claim(s)
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`as a whole, considering all claim elements both individually and in combination, do not
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`amount to significantly more than an abstract idea.
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`The independent claim(s) recites, in part, ‘receiving unit that receives a setting signal to
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`set a predetermined air- conditioning operation with an upper-limit temperature and a
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`lower-limit temperature of a room temperature set’, ‘drive unit that drives an object to be
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`

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`Application/Control Number: 15/432,508
`Art Unit: 2119
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`Page 3
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`driven to regulate the room temperature’, ‘control unit that controls an action of the drive
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`unit’, and ‘control unit, in the case of reception of the setting signal to set the
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`predetermined air-conditioning operation, controls the drive unit to perform the
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`predetermined air-conditioning operation so that the room temperature will be the
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`temperature within a temperature range that is lower by a predetermined temperature
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`than the upper-limit temperature and that is higher by a predetermined temperature than
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`the lower-limit temperature, in the predetermined air-conditioning operation’ (claim 7).
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`These elements describe the concept of collecting and processing data (to generate a
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`schedule), which corresponds to concepts identified as abstract ideas by the courts,
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`such as the following:
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`-
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`Comparing information regarding a sample or test subject to a control or target
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`data (Ambry/Myriad CAFC).
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`The additional element(s) or combination of elements in the claim(s) other than the
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`abstract idea per se amount(s) to no more than: methods and devices for gathering data
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`and processing data which are needed to implement the abstract idea.
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`Viewed as a whole, these additional claim element(s) do not provide meaningful
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`limitation(s) to transform the abstract idea into a patent eligible application of the
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`abstract idea such that the claim(s) amounts to significantly more than the abstract idea
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`itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to
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`non-statutory subject matter.
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`The result, output, or function of the data processing found in claim 1 must be positively
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`embodied within a statutory category of invention. When the claimed novelty or the
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`inventive step is found within software processing, language such as “by a processor” or
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`

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`Application/Control Number: 15/432,508
`Art Unit: 2119
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`Page 4
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`“a processor configured to” or “a result which is displayed on a display” is not sufficient
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`to place “the claim(s) as a whole” in a statutory category of invention.
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`Dependent claims are also directed to non-statutory subject matter and when combined
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`with independent claims do not cure the deficiency under 35 U.S.C. 101.
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`For further clarification see MPEP 7.05, 2106, USPTO Interim Guidance July 2015
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`Update Quick Reference Sheet (available from www.uspto.gov).
`
`Claim Rejections - 35 USC § 102
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`5.
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`The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C.
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`102 that form the basis for the rejections under this section made in this Office action:
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`(b) the invention was patented or described in a printed publication in this or a foreign country
`or in public use or on sale in this country, more than one year prior to the date of application
`for patent in the United States.
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`6.
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`Claim(s) 7-13 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being
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`anticipated by Ehlers et al. USPGPUB 2008/0217419 (hereinafter “Ehlers”).
`
`As to claim 7, Ehlers teaches a household electric appliance (paragraph 0055
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`“controls the central HVAC system”) comprising: a receiving unit that receives a
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`setting signal to set a predetermined air- conditioning operation with an upper-limit
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`temperature and a lower-limit temperature of a room temperature set (paragraph 0100
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`“thermostat 4.18 within the control panel 4. 10. The virtual thermostat 4.18
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`contains an information section or display 4.20 and a plurality of thermostat
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`buttons 4.22. The display section 4.20 includes information related to the actual
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`or real time conditions at the site” and paragraph 0101-0103 and FIG. 4C, 1A-23,
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`

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`Application/Control Number: 15/432,508
`Art Unit: 2119
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`Page 5
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`0008-0010); a drive unit that drives an object to be driven to regulate the room
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`temperature (paragraph 0086 “multi-speed fan. This fan is designed to operate a
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`several speeds depending on its design and operates at a low speed setting when
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`the heating process is active and at a high speed when the cooling process is
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`active” and paragraph 0087-0088); and a control unit that controls an action of the
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`drive unit (paragraph 0010-0011 “controller is programmed to operate an
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`environmental system within the dwelling with at least two different set points for
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`temperature and humidity” and paragraph 0088-0091, FIG. 1A-23, 4A-4C), wherein
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`the control unit, in the case of reception of the setting signal to set the predetermined
`
`air-conditioning operation, controls the drive unit to perform the predetermined air-
`
`conditioning operation so that the room temperature will be the temperature within a
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`temperature range that is lower by a predetermined temperature than the upper-limit
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`temperature and that is higher by a predetermined temperature than the lower-limit
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`temperature, in the predetermined air-conditioning operation (paragraph 0100 “heating
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`and cooling set points are set to 58.degree. F. and 85.degree. F. ” paragraph
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`0101-01 11, FIG. 4A-40).
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`As to claim 8, Ehlers teaches further comprising: a detecting unit that detects the
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`room temperature within a room in which the appliance is installed and transmits results
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`of the detection to the control unit, wherein the control unit, in the case of detection by
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`the detecting unit, in the predetermined air-conditioning operation, that the room
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`temperature is higher than the upper-limit temperature, causes the drive unit to perform
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`a cooling operation so that the room temperature will be a first setting temperature that
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`

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`Application/Control Number: 15/432,508
`Art Unit: 2119
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`Page 6
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`is lower by the predetermined temperature than the upper-limit temperature (paragraph
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`0088-0110 and FIG. 4A-4H and 1A-IC).
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`A8 to claim 9, Ehlers teaches wherein the control unit, in the case of detection by
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`the detecting unit, in the predetermined air-conditioning operation, that the room
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`temperature is lower than the lower-limit temperature, causes the drive unit to perform a
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`heating operation so that the room temperature will be a second setting temperature
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`that is higher by the predetermined temperature than the lower-limit temperature
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`(paragraph 0088-0110 and FIG. 4A-4H and 1A-1C).
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`As to claim 10, Ehlers teaches wherein the control unit, in the predetermined air-
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`conditioning operation, controls the drive unit so that the room temperature will be a first
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`setting temperature that is lower by the predetermined temperature than the upper-limit
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`temperature when an operation mode of the appliance based on the setting signal is a
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`cooling operation, and controls the drive unit so that the room temperature will be a
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`second setting temperature that is higher by the predetermined temperature than the
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`lower-limit temperature when the operation mode of the appliance based on the setting
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`signal is a heating operation (paragraph 0088-0110 and FIG. 4A-4H and 1A-1 C).
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`As to claim 11, Ehlers teaches wherein the control unit, in the case of the
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`predetermined air-conditioning operation being set based on the setting signal during
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`the operation of the appliance, controls so that the operation mode in which the
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`

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`Application/Control Number: 15/432,508
`Art Unit: 2119
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`Page 7
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`appliance is operating will be continued and, as to the setting temperature, the
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`operation will be performed according to the upper-limit temperature and the lower-limit
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`temperature set with respect to the predetermined air- conditioning operation
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`(paragraph 0088-0110 and FIG. 4A-4H and 1A-1C).
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`As to claim 12, Ehlers teaches wherein the receiving unit receives the setting
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`signal to set the predetermined air- conditioning operation from a mobile terminal
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`(paragraph 0050-0052 and 0056).
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`As to claim 13, Ehlers teaches a household electric system comprising: the
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`household electric appliance of claim 12; and the mobile terminal that transmits the
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`setting signal to set the predetermined air- conditioning operation (paragraph 0056-
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`0058).
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`It is noted that any citations to specific, pages, columns, lines, or figures in
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`the prior art references and any interpretation of the reference should not be
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`considered to be limiting in any way. A reference is relevant for all it contains and
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`may be relied upon for all that it would have reasonably suggested to one having
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`ordinary skill in the art. See MPEP 2123.
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`