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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/336,924
`
`03/27/2019
`
`Fumiaki OOBAYASHI
`
`NIPP0242WOUS
`
`9819
`
`MARKD. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`ISTH FLOOR
`
`CLEVELAND, OH 44115
`
`CHANG, DANIEL D
`
`2844
`
`01/23/2020
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`ipdocket @rennerotto.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-13 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CC) Claim(s)
`is/are allowed.
`Claim(s) 1-13 is/are rejected.
`S)
`) O Claim(s)___is/are objected to.
`C) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)L) The specification is objected to by the Examiner.
`11) The drawing(s) filed on 3/27/2019 is/are: a)(¥) accepted or b)() 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:
`cc) None ofthe:
`b)LJ Some**
`a)Y) All
`1.4) Certified copies of the priority documents have been received.
`2.2 Certified copies of the priority documents have been received in Application No.
`3.4) Copies of the certified copies of the priority documents have been receivedin 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)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 3/27/2019,8/31/2019.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20200118
`
`Application No.
`Applicant(s)
`16/336,924
`OOBAYASHI etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`DANIEL D CHANG
`2844
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 8/31/2019.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)(J This action is FINAL. 2b))This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\(Z 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/336,924
`Art Unit:2844
`
`Page2
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined underthe
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`first inventor to file provisions of the AJA.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
`
`basis for the rejections under this section madein this Office action:
`
`A personshall be entitled to a patent unless —
`
`(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or
`otherwise available to the public before the effective filing date of the claimed invention.
`
`Claim(s) 1 and 11-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
`
`Tiberi et al. (WO 2013/001407 A1, hereinafter referred to as Tiberi).
`
`Regarding claim 1, Tiberi discloses an environment control system (1, p. 6, line 15 - p. 9,
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`line 10 and Fig. 1) that controls an environmentof a space (4) in which a user (3) performs an
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`intellectual task (p. 6, Il. 19-20), the environmentcontrol system comprising:
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`a controller (6) which performs scene control for reproducing one or more predetermined
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`scenesin the space(p. 7, ll. 15-20) by controlling one or more luminaires ("lighting unit", p.7,
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`line 18) that emit illumination light that illuminates a predetermined area in the space and one or
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`more air conditioning devicesthat air-condition the space ("air conditioning unit", p.7, line 19),
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`wherein the one or more predetermined scenesinclude:
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`a concentration scenethat causes the user to concentrate on the intellectual task (p. 8, IL.
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`12-30); and
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`a rest scene that eases the concentration of the user(p. 7, line 31 - p. 8, line 11), and
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`

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`Application/Control Number: 16/336,924
`Art Unit:2844
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`Page3
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`the controller switches between concentration scene control for reproducing the
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`concentration scene and rest scene control for reproducing the rest scene when a predetermined
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`condition is satisfied (p. 7, Il. 16-17; examples of rest and concentration scene controls: p. 7, line
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`31 - p. 8, line 30).
`
`Regarding claim 11, Tiberi discloses wherein the controller switches between the
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`concentration scene control and the rest scene control at a predetermined timing based on a day
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`of week and a time of day as the predetermined condition (p.7, Il. 17, 23-24).
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`Claims 12 and 13 are essentially the same in scope as apparatus claim 1 and are rejected
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`similarly.
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`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejectionsset forth in this Office action:
`
`A patent for a claimed invention maynot 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 obviousbefore the effective
`filing date of the claimed invention to a person having ordinary skill in the art to which the claimed
`invention pertains. Patentability shall not be negated by the mannerin which the invention was made.
`
`Claims 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tiberi in view
`
`of Kazuhiro (JP 2015022939 A,hereinafter referred to as Kazuhiro).
`
`Regarding claim 2, Tiberi disclosesall the features and limitations as discussed above but
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`does not disclose wherein the one or more luminaires include: a first luminaire that emits first
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`illumination light that illuminates a work area in which the user performsthe intellectual task;
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`and a second luminaire that emits second illumination light that illuminates the space in entirety,
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`and the controller: causes the first luminaire to emit the first illumination light and the second
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`luminaire to emit the second illumination light under the concentration scene control; and causes
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`

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`Application/Control Number: 16/336,924
`Art Unit:2844
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`Page4
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`the first luminaire to not emit the first illumination light and the second luminaire to emit the
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`second illumination light under the rest scene control.
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`However, Kazuhiro disclosesa first luminaire (task lighting device 20) that emits first
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`illumination light that illuminates a work area in which the user performsthe intellectual task
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`(paragraph 0045); and a second luminaire (ambient illumination device 10) that emits second
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`illumination light that illuminates the space in entirety (see fig. 3), and the controller (30): causes
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`the first luminaire to emitthe first illumination light and the second luminaire to emit the second
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`illumination light under the concentration scene control; and causesthe first luminaire to not
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`emit the first illumination light and the second luminaire to emit the second illumination light
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`underthe rest scene control (see para 0045).
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`Therefore, it would have been obvious to a person having ordinaryskill in the art prior to
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`the effective filing date of the claimed invention to have the controller and one or more
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`luminaires of Tiberi to cause the first luminaire to emit the first illumination light and the second
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`luminaire to emit the second illumination light under the concentration scene control; and causes
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`the first luminaire to not emit the first illumination light and the second luminaire to emit the
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`second illumination light under the rest scene control (see para 0045) as taught by Kazuhiro.
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`Regarding claim 3, Tiberi disclosesall the features and limitations as discussed above but
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`does not disclose wherein, under the concentration scene control, an illuminance of the second
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`illumination light in the work area is lower than an illuminanceofthe first illumination light in
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`the work area.
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`However, Kazuhiro discloses wherein, under the concentration scene control, an
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`illuminance of the second illumination light in the work area is lower than an illuminance of the
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`first illumination light in the work area (see paragraph 0034).
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`

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`Application/Control Number: 16/336,924
`Art Unit:2844
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`Page5
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`Therefore, it would have been obvious to a person having ordinaryskill in the art prior to
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`the effective filing date of the claimed invention to have the controller of Tiberi to set the
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`illuminance of the second illumination light in the work area under the concentration scene
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`control lower than an illuminanceofthe first illumination light in the work area (see paragraph
`
`0034) as taught by Kazuhiro.
`
`Regarding claim 4, Tiberi discloses all the features and limitations as discussed above but
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`does not disclose wherein the one or more luminaires further include a third luminaire that emits
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`third illumination light that illuminates an area other than the work area, and underthe rest scene
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`control, the controller causes the third luminaire to emit the third illumination light.
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`Kazuhiro discloses a controller (30) and a third luminaire (ambientillumination devices
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`10) that emits third illumination light but does not specifically disclose that the third luminaire
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`illuminates an area other than the work area underthe rest scene.
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`However, it would have been obvious to a person having ordinary skill in the art prior to
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`the effective filing date of the claimed invention to have the controller of Tiberi to control a third
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`luminaire that emits third illumination light as taught by Kazuhiro andalso illuminate an area
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`other than the work area, and underthe rest scene control, the controller causes the third
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`luminaire to emit the third illumination light in order for the user to stay in a lighted place while
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`resting. It is an obvious matter of a design practice.
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`Regarding claim 5, Tiberi disclosesall the features and limitations as discussed above but
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`does not disclose wherein the controller sets a color temperature of the illumination light lower
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`for the rest scene control than for the concentration scene control.
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`

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`Application/Control Number: 16/336,924
`Art Unit:2844
`
`Page6
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`However, Kazuhiro discloses wherein the controller sets a color temperature of the
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`illumination light lower for the rest scene control than for the concentration scene control (para
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`0039).
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`Therefore, it would have been obvious to a person having ordinaryskill in the art prior to
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`the effective filing date of the claimed invention to have the controller of Tiberi to set a color
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`temperature of the illumination light lowerfor the rest scene control than for the concentration
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`scene control as taught by Kazuhiro.
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`Claims 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tiberi.
`
`Regarding claim 6, Tiberi disclosesall the features and limitations as discussed above but
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`does not disclose wherein the controller sets a temperature setting of the air conditioning device
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`that adjusts the temperature higher for the rest scene control than for the concentration scene
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`control. However, it would have been obvious to a person having ordinary skill in the art prior to
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`the effective filing date of the claimed invention to have the controller of Tiberi to set a
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`temperature setting of the air conditioning device that adjusts the temperature higherfor the rest
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`scene control than for the concentration scene control since the user would not need coolerair
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`while resting.
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`It is an obvious matter of a design practice.
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`Regarding claim 7, Tiberi disclosesall the features and limitations as discussed above but
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`does not disclose wherein underthe rest scene control, the controller adjusts the temperature
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`setting to maintain a rate of increase in the temperature in the space below a predetermined
`
`value. However, it would have been obvious to a person having ordinary skill in the art prior to
`
`the effective filing date of the claimed invention to have the controller of Tiberi to adjust the
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`temperature setting to maintain a rate of increase in the temperature in the space below a
`
`

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`Application/Control Number: 16/336,924
`Art Unit:2844
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`Page7
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`predetermined value in orderfor the user to stay in comfortable and stable temperature. It is an
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`obvious matter of a design practice.
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`Regarding claim 8, Tiberi disclosesall the features and limitations as discussed above but
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`does not disclose wherein the one or more air conditioning devices include an air conditioning
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`device that adjusts a humidity in the space, and the controller sets a humidity setting of the air
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`conditioning device that adjusts the humidity higher for the rest scene control than for the
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`concentration scene control. However, it would have been obvious to a person having ordinary
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`skill in the art prior to the effective filing date of the claimed invention to have the controller of
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`Tiberi to adjust the humidity higher for the rest scene control than for the concentration scene
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`control in order for the user to stay drier while concentrating. It is an obvious matter of a design
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`practice.
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`Regarding claim 9, Tiberi disclosesall the features and limitations as discussed above but
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`does not disclose wherein the one or more air conditioning devices include an air conditioning
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`device that generates airflow in the space, and underthe rest scene control, the controller causes
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`the air conditioning device that generates the airflow to generate airflow that does not directly
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`contact the user. However, it would have been obvious to a person having ordinary skill in the
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`art prior to the effective filing date of the claimed invention to have the controller of Tiberi to
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`causethe air conditioning device that generates the airflow to generate airflow that does not
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`directly contact the user in order for the user to stay comfortably and not disturbed bytheair
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`conditioning device. It is an obvious matter of a design practice.
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`Regarding claim 10, Tiberi discloses all the features and limitations as discussed above
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`but does not disclose a generator that obtains an implementation history of the concentration
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`scene control and the rest scene control, and, based on the implementation history, generates
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`

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`Application/Control Number: 16/336,924
`Art Unit:2844
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`Page8
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`schedule information indicating a timing for switching between the concentration scene control
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`and the rest scene control, wherein the controller switches between the concentration scene
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`control and the rest scene control at the timing indicated by the schedule information as the
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`predetermined condition. However, it would have been obvious to a person having ordinary skill
`
`in the art prior to the effective filing date of the claimed invention to have the controller of Tiberi
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`to obtains an implementation history of the concentration scene control and the rest scene
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`control, and, based on the implementation history, generates schedule information indicating a
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`timing for switching between the concentration scene control and the rest scene control, wherein
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`the controller switches between the concentration scene control and the rest scene control at the
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`timing indicated by the schedule information as the predetermined condition in order to automate
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`the system for the user’s convenience. It is an obvious matter of a design practice.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DANIEL D CHANGwhosetelephone numberis (571)272-1801.
`
`The examiner can normally be reached on M-F 8-5 EST.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`encouraged to use the USPTO Automated Interview Request (AIR)at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Alexander Taningco can be reached on 5712728048. The fax phone numberfor the
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`organization wherethis application or proceedingis assigned is 571-273-8300.
`
`

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`Application/Control Number: 16/336,924
`Art Unit:2844
`
`Page9
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`
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`maybe obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`1000.
`
`/DANIEL D CHANG/
`Primary Examiner, Art Unit 2844
`
`