Patent

Date

January 11, 2022

Court

Right

Case

2020 (Gyo-Ke) 10128

Intellectual Property High
Court, Third Division

number- A case in which with regard to the invention titled "Safety confirmation system,
receiver, safety confirmation method, and program," the court found that the Japan
Patent Office (the "JPO") made an error in its finding of common features and, as aresult, overlooked the difference, and the court rescinded the decision made by the
JPO.
Case type: Rescission of Appeal Decision of Refusal
Results: Granted
References: Article 29, paragraph (2) of the Patent Act
Related rights, etc.: Patent Application No. 2015-106553
Decision of the JPO: Appeal against Examiner's Decision of Refusal No. 2019-14345
Summary of the Judgment
1. This case is a lawsuit seeking rescission of a decision made by the JPO (the "JPO
Decision") regarding the Invention in the Application titled "Safety confirmation
system, receiver, safety confirmation method, and program" to the effect that the claim
for an appeal against the examiner's decision of refusal was found to be groundless. The
summary of the grounds for the JPO Decision is that a person skilled in the art could
have easily made the Invention in the Application based on the Cited Invention andwell-known art. The Plaintiff alleged an error in the finding of common features as
grounds for rescission of the JPO Decision.
2. In this judgment, the court held as stated below and rescinded the JPO Decision.
(1) Technical meaning of the "ID numbers related to installation sites in the facility" in
the Invention in the Application
The safety confirmation system in the Invention in the Application is a safety
confirmation system under a cloud environment; which is equipped with a server that
constitutes a cloud, a lighting device for which location ID numbers related to thefacility where the lighting devices are installed and the installation sites in the facility
have been registered in advance on the server and that transmits signals based on theturning on or off status of lighting, and a receiver that receives the signal from thelighting device and makes inquiries related to the location ID number to the server; andthe system is characterized by the server reporting information related to the turning on
or off status of the lighting device to the external terminal of a watcher as safetyiinformation of the person subject to watching based on the location ID number sent by
the receiver and according to the pre-determined conditions.
And, it is found that, in the Invention in the Application, the lighting device isequipped with a transmitter; the installation site (room) of the lighting device is
identified based on the "ID number related to the facility where it is installed andinstallation site in the facility" (information that can identify each room, such as theliving room, toilet, bedroom, etc.; the "internal management ID number" as stated in
the description); and safety is judged in accordance with the safety notification rules
based on the identified installation site; and when judging safety, location informationthat is the installation site of the lighting device (in concrete terms, each room, such as
the living room, toilet, bedroom, etc.) is used.
(2) Technical meaning of the "sensing unit ID" in the Cited Invention
In the Cited Invention that is found based on the Unexamined Patent Application
Publication No. 2011-29778 ("Cited Document 1"), the Power Strip 4 that is connected
to a lighting device one by one transmits measurement data and the "sensing unit ID,"etc. via the Transmitter 3 and whether the lighting device operation status falls underalert status judgment conditions or not is judged based on these pieces of information.
The "sensing unit ID" in the Cited Invention is a code for identifying the "Power
Strip 4" uniquely in a residence; however, in Cited Document 1, it is not stated at allthat the "sensing unit ID" is related to the information that describes the installation siteof the "Power Strip 4." In addition, taking into account the general use pattern of apower strip, it is understood that where to install a power strip in a residence and towhat electric equipment a power strip is connected is determined optionally by the userof the power strip.
In Cited Document 1, the ways of the lighting device being connected to the "Power
Strip 4" are also disclosed ([Figure 6]); however, the lighting device is used by any sites
in a residence, such as in the living room, toilet, bedroom, etc., and everyplace in a
residence can be assumed as an installation site of a power strip that is connected to thelighting device. Therefore, even if the "Power Strip 4" is identified by the "sensing unit
ID" uniquely, it is only an identification of the "Power Strip 4" and no basis can be seen
to consider that the installation site of the "Power Strip 4" in question can also be
identified.
In other words, in order to identify the installation site in a residence based on the"sensing unit ID" of the "Power Strip 4," it is necessary to have additional informationthat links the "sensing unit ID" and the installation site of the "Power Strip 4" inquestion in a residence. It cannot be found that a code for identifying a power stripiiuniquely, which is the "sensing unit ID" of the "Power Strip 4," can identify the
installation site of the "Power Strip 4" in question.
(3) Based on the above, the "sensing unit ID" of the Cited Invention does not identify
the installation site of the "Power Strip 4" in a residence and, therefore, its technicalmeaning is different from that of the "internal management ID number," which
identifies the installation site in a residence (in concrete terms, each room, such as theliving room, toilet, bedroom, etc.) from the location information in the Invention in the
Application.
Nevertheless, the JPO determined that the "sensing unit ID" in the Cited Invention
corresponds to the "internal management ID number" in the Invention in the Applicationand included that the "ID number related to the installation site in the facility" is used
for safety confirmation in the recognition of common features. As mentioned above, asa result of an error in its finding of common features, the JPO erred in overlooking
differences and this error affected the conclusion of the JPO Decision.

iii

Judgment rendered on January 11, 2022
2020 (Gyo-Ke) 10128, Case of seeking rescission of the JPO decision
Date of conclusion of oral argument: October 13, 2021
Judgment
Plaintiff: Boxyz, inc.

Defendant: Commissioner of the Japan Patent Office

Main text
1. The decision made by the Japan Patent Office ("JPO") on September 8, 2020,
concerning the case of Appeal against Examiner's Decision of Refusal No. 2019-14345,
shall be rescinded.
2. The Defendant shall bear the court costs.
Facts and reasonsNo. 1 Claim
Same as the main text.
No. 2 Outline of the case
1. Outline of procedures at the JPO(1) The Plaintiff filed a patent application (Patent Application No. 2015-106553) for
the invention titled "Safety confirmation system, receiver, safety confirmation method,and program" on May 26, 2015.
(2) The application was refused on July 24, 2019, and the Plaintiff filed an appeal
against the examiner's decision (Examiner's Decision of Refusal No. 2019 -14345) on
October 28, 2019.
(3) The JPO made the decision that "the request for the appeal in question is groundless"(hereinafter referred to as the "JPO Decision") on September 8, 2020, and a certified
copy of the JPO Decision was served to the Plaintiff on September 29, 2020.
(4) The Plaintiff filed this lawsuit on October 29, 2020.
2. Statement of the claims
The statement in Claim 1 from the claims after amendment as of July 14, 2020 is
described below (hereinafter the invention related to Claim 1 is referred to as the"Invention in the Application" and the description and drawings (Exhibit Ko 5) after1

the aforementioned amendment are collectively referred to as the "Description, etc.").
[Claim 1]"A safety confirmation system under the cloud environment,
which is equipped with a server that constitutes a cloud,a lighting device, for which ID numbers related to the facility where lighting devices
are installed and the installation sites in the facility have been registered in advance on
the server, and a receiver;and the safety confirmation system is characterized by the following:
the receiver receives management screen information that is sent by the server anddisplays a screen to configure, change, and add safety notification rules;
the server registers information on the configuration, change, and addition of thesafety notification rules;
the lighting device has a transmitter that transmits signals on which the ID numbers
are superimposed based on the turning on or off status of the lighting device;
the transmitter is exchangeable; andthe server reports to the external terminal of a watcher the information related tothe turning on or off status of the lighting device as safety information of persons
subject to watching based on the ID numbers superimposed on the signals transmitted
by the transmitter and according to the safety notification rules that were registeredthrough the screen of the receiver."3. Summary of the grounds for the JPO Decision
The JPO Decision determined as stated below that the Invention in the Application
lacks an inventive step in relation to the invention indicated in Unexamined Patent
Application Publication No. 2011-29778 (Exhibit Ko 1; hereinafter referred to as "Cited
Document 1") (hereinafter the invention is referred to as the "Cited Invention").
(1) Finding of the Cited Invention"It is a remote monitoring system for living conditions that consists of an In -House
Device 2 and a Remote Monitoring Device 1 ([0019]);
the aforementioned In-House Device 2 is installed at each residence and the Remote
Monitoring Device 1 covers one or more residences and supervises those residences([0036]);the aforementioned In-House Device 2 is equipped with a Power Strip 4 and a
Transmitter 3 ([0019], [Figure 1]);the Power Strip 4 judges the operation status of an Electric Equipment 6 that isconnected one by one, and transmits the measurement data, which is the operation statusthat the Power Strip 4 judges, to Transmitter 3 with lower power radio by attaching a2

sensing unit ID, which is a code to identify Power Strip 4 uniquely in the re sidence([0020], [0022], [0023], [Figure 1], [Figure 6], [Figure 10]);
the aforementioned Electric Equipment 6 is a lighting device ([0021]);
the aforementioned Power Strip 4 and Electric Equipment 6 are connected byconnecting wiring through terminals, etc.; for example, there is a structure wherein it isconnected to a lighting device that is installed on the ceiling or a wall through a switch
box that is installed on the wall ([0054]);
the aforementioned Transmitter 3 receives measurement data and a sensing unit ID
from the Power Strip 4 and transmits observed data and observation time to a Remote
Monitoring Unit 1 through Telecommunication Network 7 (internet) while adding a
residence ID, which is a code to identify the residence uniquely, a sensing unit ID, andan equipment type ([0024], [0031]);
the aforementioned Remote Monitoring Unit 1 receives the operation status of theElectric Equipment 6 from the In-House Device 2 and displays the operation status of
the Electric Equipment 6 for each residence, and it is equipped with a Receiving Unit
11, a Control Unit 12, a Memory Unit 14, and an Equipment Operation Status Display
Unit 13, and stores the operation status of the Electric Equipment 6 based on theresidence ID and the sensing unit ID (in Figure 4, it is understood to be displayed as
the "Measurement value ID") ([0019], [0033], [0040], [Figure 1], [Figure 4]);the aforementioned Equipment Operation Status Display Unit 13 displays alert
information to have a person in charge from a government office or a fire department
or a condominium caretaker recognize the need, when he/she notices an abnormality orchange, to directly visit the residence in that situation ([0043]);
the aforementioned Remote Monitoring Device 1 is equipped with an Alert Status
Judging Unit 18 in a Control Unit 12, retains an Alert Status Judgment Condition 17 in
a Memory Unit 14, judges whether being in alert status automatically when it receives
Equipment Operation Data 15, displays the results, and when the Alert Status Judging
Unit 18 judges that a residence with a certain Residence ID is in alert status, the Remote
Monitoring Device 1 displays the residence ID that is judged to be in alert status, theresidence corresponding to the residence ID, or the name of the resident, and the event
to be watched on the Equipment Operation Status Display Unit 13 ([0056], [0068],[0070]-[0073], [Figure 10], [Figure 14]); andthe aforementioned Alert Status Judgment Condition 17 is provided from the outside
through input-output interface and judgment conditions can be changed based on theconditions to be monitored ([0057], [0069], [0074])."(2) Comparison between the Invention in the Application and the Cited Invention
3

A. Common features
Being "a safety confirmation system under the cloud environment,
which is equipped with a server that constitutes a cloud,a lighting device that turns lights on and off, for which ID numbers related to thefacility where lighting devices are installed and the installation sites in the facility havebeen registered in advance on the server, and a transmitter that transmits signals on
which the ID numbers are superimposed based on the turning on or off status of thelighting device; and the safety confirmation system is characterized by the following:
the server registers information on the configuration, change, and addition of thesafety notification rules; andthe server reports to a watcher the information related to the turning on or off statusof the lighting device as safety information of persons subject to watching based on the
ID numbers superimposed on the signals transmitted by the transmitter and according
to the safety notification rules that were registered."
B. Difference 1
The Invention in the Application is equipped with a "receiver" that "receives
management screen information that is sent by the server and displays a screen to
configure, change, and add safety notification rules" and "the safety notification rules"are "registered (on the server) through the screen of the receiver"; howeverin the Cited Invention, the "Alert Status Judgment Condition 17 is provided fromthe outside through input-output interface" and is retained (in the "Memory Unit 14" ofthe "Remote Monitoring Device 1").
C. Difference 2
In the Invention in the Application, "a server" "reports to the external terminal of awatcher"; however,in the Cited Invention, the "Remote Monitoring Device 1" displays an "alert status"on the "Equipment Operation Status Display Unit 13" and thereby reports to "a person
in charge from a government office or a fire department or a condominium caretaker."
D. Difference 3
In the Invention in the Application, the "lighting device" is "equipped with" "atransmitter"; however,in the Cited Invention, the "Electric Equipment 6" and the "Power Strip 4" areconnected one by one.
E. Difference 4
In the Invention in the Application, "a transmitter is exchangeable"; however,in the Cited Invention, it is not clear whether the "Power Strip 4" is ex changeable.
4(3) Determination on whether the Invention in the Application is easily conceived of bya person skilled in the art
A. Difference 1
In Cited Document 1, the specific structure of the "input-output interface (to provide
the Alert Status Judgment Condition 17 to the Remote Monitoring Device 1 from theoutside)" is not disclosed; however, input-output interfaces using a screen display are
well-known art to a person skilled in the art without the need to cite publications and it
is common general technical knowledge that when using an input-output interface usinga screen display, the input-output interface needs to receive display data, etc. necessary
for the screen display.
Therefore, no difficulty is found in designing an "input-output interface" in theCited Invention as "a receiver" that "receives management screen information that issent by the server and displays a screen to configure, change, and add safety notification
rules" as stated in the Invention in the Application by using the input-output interface
through a screen display and thereby to have "the safety notification rules" be"registered (on the server) through the screen of the receiver."B. Difference 2
Sending safety information to a terminal that is held by a watcher is well-known art
for a person skilled in the art and, therefore, instead of displaying an "alert status" on
the "Equipment Operation Status Display Unit 13" in the Cited Invention, sending an"alert status" to the external terminal of the "Remote Monitoring Device 1" that is heldby "a person in charge from a government office or a fire department or a condominium
caretaker" can be easily invented by a person skilled in the art as the Invention in the
Application.
C. Differences 3 and 4
In the Cited Invention, the "Electric Equipment 6" and the "Power Strip 4" are"connected by connecting wiring through terminals, etc." one by one. When installingthem, their physical relationship is optional and, at the same time, exchanging a broken
device, etc. is generally implemented regardless of the technology field. Therefore,
installing the "Power Strip 4" on the "Electric Equipment 6" in an exchangeable manner,in other words, designing the "Electric Equipment 6" to be equipped with the "Power
Strip 4" and the "Power Strip 4" to be exchangeable can be invented by a person skilledin the art as necessary.
(4) Conclusion
The Invention in the Application can be easily invented by a person skilled in theart based on the Cited Invention and well-known art and, therefore, the Invention in the5Application lacks an inventive step.
(omitted)
No. 4 Judgment of this court
1. Invention in the Application(1) Scope of the claim
The claim of the Invention in the Application (Claim 1) is as stated in No. 2, 2.
above.
(2) Statement in the Descriptions, etc.
The Description, etc. have the following statements and the drawings as shown in
Attachment 1.
A. Technical field"The Invention is related to a safety confirmation system, receiver, safety
confirmation method, and program, for example, to confirm the safety of persons who
require watching, such as elderly people, people living alone, etc." (paragraph [0001])
B. Background art"In recent years, the number of people living alone is increasing. In particular, inassociation with the progress of an aging society, the number of elderly people living
alone or the number of households with elderly couples alone is growing steadily. In
addition, due to depopulation, decreases in association with neighbors, etc., being
watched over by neighbors cannot be expected. Furthermore, since support by assistive
personnel, etc. is limited, safety confirmation of elderly people and people living alone
cannot be implemented sufficiently often and delays in responding to unexpected events
often occur." (paragraph [0002])"As one of the countermeasures against such situation, a system to inform a watcher
in a remote site of the safety of elderly people, etc. based on the turning on and off
status of a lighting device has been known (for example, see Patent Document 1)."
(paragraph [0003])"[Patent Document 1] Unexamined Patent Application Publication No. 2012 27787" (paragraph [0004])
C. Problem to be solved by the invention"However, according to the technology disclosed in Patent Document 1, there is aproblem that it is necessary to add a lighting operation sensor, etc. and other special
incidental devices to the lighting device and, therefore, it requires a cost in terms of
installation and operation and it becomes troublesome. In addition, a person who
6requires watching (hereinafter referred to as a "person subject to watching"), such as
elderly people, etc., is aware of always being watched and it cannot be denied that they
feel uncomfortable." (paragraph [0005])"The present invention (the "Invention") is made to solve the aforementioned
problem and aims to provide a safety confirmation system, receiver, safety confirmation
method, and program that understand the behavior of a person subject to watchi ng by
the turning on or off status of the "lighting" that is essential for people's lives, that does
not give the person subject to watching the sense of always being watched, and forwhich a system can easily be built at a low cost." (paragraph [0006])
D. Means to solve the problem"(1) The safety confirmation system related to the first perspective of the Invention
is a safety confirmation system under a cloud environment; which is equipped with aserver that constitutes a cloud; a lighting device for which location ID numbers related
to the facility where the lighting devices are installed and the installation sites in thefacility have been registered in advance on the server and that transmits signals basedon the turning on or off status of the lighting device; and a receiver that receives thesignal from the lighting device and makes inquiries related to the location ID number
to the server; and the system is characterized by the server reporting information related
to the turning on or off status of the lighting device to the external terminal of a watcher
as safety information of the person subject to watching based on the location ID number
sent by the receiver and according to the pre-determined conditions." (paragraph[0007])
E. Embodiment of the invention"For this reason, a watcher installs multiple lighting devices, such as LEDs (Light
Emitted Diodes) on which an electronic tag transmitter is installed, etc., in a living room,
toilet, etc. that constitute the living environment of the person subject to watching, suchas an elderly person, etc., and, in addition, installs a receiver within the area where
signals from the electronic tag transmitters that are installed on each of the multiple
lighting devices can be received. Then, a user obtains an application program(hereinafter simply referred to as the "app") to confirm the safety of an elderly person
by using an electronic tag transmitter, by downloading the app from a cloud computing
system and installs it on the receiver. Then, the user configures and registers theinstallation sites of lighting devices, safety confirmation rules, destinations of messages(email), etc. on the receiver in accordance with the obtained app. When registering
installation sites of the lighting devices, the user activates the app that was installed on
the receiver when the lighting device turns on, puts the receiver close to the lighting
7

device, and registers the sites through near field communication." (paragraph [0019])"A lighting device does not have to be an LED, but may be an incandescent lightbulb or a fluorescent light. In addition, lighting devices may be installed in the entrance,bathroom, bedroom, etc. as well as in the living room or toilet. A receiver is installed
in an area that signals can reach from these rooms so that even if lighting devices are
installed closely with each other, they can be easily distinguished. Based on the system,
lighting devices can identify the daily lifestyle of a person subject to watching basedon the accumulated turning on and off status history data of each of them, such aswhether the bathing time of the person subject to watching is longer than usual (forexample, bathing time is usually 30 minutes, but it is now over one hour, etc.), etc., andlighting devices automatically send a message to a watcher registered in advance tonotify him/her of the abnormality. For example, a lighting device sends an alert message
to the external terminal of a watcher, 'Bathing time of Ms./Mr. ○○ seems to be long.
The light has been turned on for one hour. Please check.'" (paragraph [0020])"For this reason, a business operator registers the location information of the facility
to which an LED beacon 10a is shipped (address of the facility where installation sites
exist, latitude and longitude of each installation site, and floor number, etc. where theLED beacon 10a is installed by the facility) on a Cloud Server 30 beforehand for each
LED beacon 10a. Then, the business operator creates a location ID number that is linked
to the location information and assigns the location ID number to the LED beacon 10a.
The LED beacon 10a is shipped to the facility where the aforementioned settings are
implemented and it is to be used (the facility may be a home, office, or public facility).
Figure 2 (a) (b) shows an example of the data format of a location ID number that istransmitted from an LED beacon 10a as shown in Figure 1, and the data structure ofmanagement information that is stored on the DB (database) in the Cloud Server 30,
respectively." (paragraph [0024])"According to Figure 2 (a), an identifier showing that it is an electronic tag (LEDbeacon 10a) is assigned to the first byte, a cryptosystem showing a decryption pattern
type is assigned to the next byte, and location ID numbers are assigned to the next 13
bytes, and a check digit is assigned to the last byte, out of 16-byte data. The 13-byte
area of the location ID numbers may be used as a data area based on the information of
the identifier and this is, for example, effective when there is an external interface."(paragraph [0025])"Figure 2 (b) shows an example of a data structure of DB that is built in the Cloud
Server 30. According to Figure 2 (b), management information that is accumulated on
the database includes the following information for each location ID: the shipping ID
8number that is assigned uniquely for each Lighting Device 10, the facility ID numberthat is assigned for each facility, and the internal management ID number that is linked
to the shipping ID number and is assigned for each installation site for each facility ID
number. In addition, if the information of the Lighting Device 10 consists of the addressof a facility where installation sites exist and the latitude and longitude of theinstallation site, and the facility has multiple stories, the Lighting Device 10 is managed
by linking it with the floor number of the installation site." (paragraph [0026])"In other words, the same facility ID number is assigned within the same facility
and an internal management ID number is assigned for each installation site of the
facility by branching from the facility ID number. If the living space of a home isconsidered as a facility, the facility ID number of each room in the facility is A, internalmanagement ID numbers 1 to 3 are assigned to living room, toilet, and bathroom,
respectively." (paragraph [0027])"Hereinafter, the operation of the Safety Confirmation System 100 related to theembodiment in question (the "Embodiment") is explained by referring to Figure 3:
Sequence diagram. First, a manager who is a watcher, etc. operates the Receiver 20 andaccesses the Cloud Server 30, and thereby, obtains the app (a receiver program related
to the Embodiment) by downloading it from the Cloud Server 30. Nex t, when thewatcher selects "Manager Setting" by reference to, for example, the configuration
screen for setting the app, as shown as an example of the screen structure on the left
column of Figure 8, which is displayed on the Receiver 20, and then, the screen moves
to the Manager Setting screen, as shown as an example of the screen structure in Figure
9. Then, the watcher inputs the necessary information, which enables the watcher toobtain a URL (Uniform Resource Locater) necessary to access the management screen
from the Cloud Server 30, as well as a user ID, and a password." (paragraph [0029])"When a watcher logs into the management screen based on the obtained URL, etc.
(Step S10), the management screen menu, as shown as an example of the screen
structure on the right column of Figure 8, is displayed through a browser of the Receiver
20. Then, the watcher selects the menu to configure and register the management screen(Step S11), such as configuration of the installation sites of the lighting device s (livingroom, toilet, bathroom, etc.), configuration of safety notification rules, configuration of
notification destination, etc., on the Cloud Server 30. When selecting the menu, thewatcher can view, for example, the turning on and off status history of the Lighting
Device 10, as shown as an example of the screen structure in Figure 12, based on theaccumulated data. Information that is configured and registered in this step is sent to
the Cloud Server 30 (Step S12)." (paragraph [0030])
9

"The Cloud Server 30 generates management information that is memorized on the
DB based on the configuration and registration information that is sent by the Receiver
20 (Step S13). The term "management information" as used here refers to, as shown in
Figure 2 (b), a group of the shipping ID number that is assigned uniquely for eachlocation ID number of the LED beacon 10a that is installed in the facility, the facility
ID number that is assigned for each facility, and the internal management ID numberthat is linked to the shipping ID number and is assigned for each installation site foreach facility ID number. In addition, if the information of the Lighting Device 10
consists of the address of a facility where installation sites exist and the latitude andlongitude of the installation site, and the facility has multiple stories, the Lighting
Device 10 may be managed by linking it with the floor number of the installation site."(paragraph [0031])"Assuming that after the aforementioned preliminary processing, the R eceiver 20
receives a signal that includes the unique location ID number from the LED beacon 10awhen a lighting device turns on, in the receivable area of the signal (Step S14), theReceiver 20 that received the signal makes an inquiry to the Cloud Server 30 (Step S15).
Whenever receiving inquiries from the Receiver 20, the Cloud Server 30 accumulates
the turning on and off status history of the Lighting Device 10 in question and generates
safety information based on the configured and registered safety notification rules byreferring to the history (Step S16)." (paragraph [0032])"When the Cloud Server 30 receives an inquiry from the Receiver 20, it refers to
the turning on and off status history of the Lighting Device 10 in question; for example,
when the Lighting Device 10 in the toilet continues to be turned on for one hour or
longer, it judges the status to be abnormal (a person subject to watching may have fallen
in the toilet), or when the light in the living room was not turned on from 7:00 to 10: 00
in the evening, it judges the status to be abnormal (a person subject to watching may besick in bed); and generates a message (safety confirmation mail), for example, as shownin Figure 1, "Ms./Mr. ○○ has not turned on the light. Time: ○○:○○ to ○○:○○. Pleasecheck. Contact information of Ms./Mr. ○○:090-XXXX-XXXX." according to the safety
notification rules that have been configured and registered beforehand (Step S17); andsends the message to the External Terminal 40 that is held by a watcher who has b een
configured as a reporting destination beforehand (Step S17). The safety confirmation
mail is displayed on the External Terminal 40; the watcher who viewed the message cancheck the safety of a person subject to watching by phone call or by visiting the site
(Step S18)." (paragraph [0033])"Figure 4 shows the structure of the LED beacon 10a. The LED beacon 10a includes
10and consists of a Control Unit 100a and an RF (Radio Frequency) Unit 101a. The RF
Unit 101a is a high-frequency circuit that generates high-frequency energy to generatesignals including signal source, modulation circuit, and power amplifier that are notshown in the Figure. In the Embodiment, it uses 2.4GHz-band frequency and sends
signals that are generated under control by the Control Unit 100a to equipment that is
equipped with Bluetooth (registered trademark) (the "Receiver 20") that is located in
the area within a radius of 10 to 100m. In this case, the specification is a one -waytransmission conforming to version 4.0 Bluetooth (registered trademark) that enables
activation for several years by one button battery only." (paragraph [0034])"The Control Unit 100a broadcasts a location ID number that specifies theinstallation site (living room, toilet, bedroom, or entrance, etc.) of the Lighting Device
10. In this case, the Control Unit 100a encrypts the location ID number with one ormore encryption patterns and sends them while adding information indicating theencryption pattern type. For this reason, the Control Unit 100a implements control bysending a location ID number that consists of the data format as shown in Figure 2 (a)by superimposing it on signals that are generated by the RF Unit 101a." (paragraph[0035])"Therefore, if the app function that is executed by the Control Unit 200 is shown ina block development diagram, it includes and consists of an ID Number Recognition
Unit 201 and an App Execution Control Unit 202. The ID Number Recognition Unit
201 obtains and recognizes the location ID number that is broadcast by signals from the
LED beacon 10a, which is installed in the facility and that can identify the installationsite of the Lighting Device 10, and delivers it to the App Execution Control Unit 202."(paragraph [0040])"The App Execution Control Unit 202 makes an inquiry as to the turning on and off
status history of the Lighting Device 10 in question to the Cloud Server 30 based on thelocation ID number that the ID Number Recognition Unit 201 recognized. The Cloud
Server 30 generates safety confirmation information for the person subject to watchingbased on the inquiry and by reference to accumulated turning on and off status historyof the Lighting Device 10 in question and sends the safety confirmation information to
the External Terminal 40 that is held by a watcher via the Mobile Network 50. In
addition, the App Execution Control Unit 202 also configures and registers theinstallation site of the Lighting Device 10, safety notification rules, and the destinationof notifications that are input by the watcher, etc. in advance in order for the Receiver
20 to achieve the aforementioned function. The Control Unit 200 may include an Radio
Field Strength Measurement Unit 203 that measures radio field strength of signals
11

(RSSI: Received Signal Strength Indication) received from the LED beacon 10a."(paragraph [0041])"Operation area is assigned to and memorized in the Memory Unit 210, in addition
to the program area in which the program (App) of the Receiver 20 related to the
Embodiment is stored. The receiver program that is stored in the program area includes
at least the processing procedure that transmits signals based on the turning on and off
status of the Lighting Device 10 and that receives signals transmitted by the Lighting
Device 10 and the processing procedure that makes an inquiry to the Cloud Server 30,
which constitutes a cloud computing system, based on the location ID number of the
LED beacon 10a, which is included in received signals. In order for the Cloud Server
30 to transmit history information related to the turning on and off status of the Lighting
Device 10 to the External Terminal 40 of a watcher as safety information based on thelocation ID number sent by the Receiver 20 and according to pre-determined conditions(safety notification rules), the location ID number includes the shipping ID number thatis assigned uniquely for each LED beacon 10a, the facility ID number that is assigned
for each facility where the LED beacon 10a is installed, and the internal management
ID number that is linked to the shipping ID number and that is assigned for each
installation site in the facility for each facility ID number." (paragraph [0042])(3) Significance of the Invention in the Application
According to the above, the Invention in the Application can be recognized as statedbelow.
The Invention in the Application is the invention of a safety confirmation systemthat confirms the safety of elderly people, people living alone, and others who require
being watched (paragraph [0001]);
Previously, a system to report the turning on and off status of a lighting device of aresidence to a watcher in a remote location to confirm the safety of people living alone(in particular, elderly people) has been known as prior art (paragraphs [0002] and[0003]); however, in the prior art, there were problems that the lighting operation sensor
and other special incidental devices needed to be added to the lighting device, its
installation and operation required high costs and were troublesome, and the person
subject to watching, such as an elderly person, etc., felt uncomfortable because theyrecognized that they were always being watched (paragraph [0005]);
The purpose of the Invention in the Application is, in order to solve theaforementioned problem, to provide a safety confirmation system that identifies the
behavior of a person subject to watching by the turning on or off status of the "lighting,"
so that the person subject to watching does not have the sense of always being watched,12and for which a system can easily be built at a low cost (paragraph [0006]);
As a means to solve the aforementioned problem, the Invention in the Application
provides a safety confirmation system under a cloud environment; which is equippedwith a server that constitutes a cloud, a lighting device for which location ID numbers
related to the facility where the lighting devices are installed and the installation sites
in the facility have been registered in advance on the server and that transmits signals
based on the turning on or off status of lighting, and a receiver that receives the signal
from the lighting device and makes inquiries related to a location ID number to theserver; and the system is characterized by reporting information related to the turning
on or off status of the lighting device to the external terminal of a watcher as safety
information of the person subject to watching based on the location ID number sent by
the receiver and according to the pre-determined conditions (paragraph [0007]).
2. Cited Invention(1) Statement in the Cited Document 1
The Cited Document 1 has the following statements and drawings as shown in
Attachment 2.
A. Technical field"This Invention is related to a remote monitoring system for living conditions thatmonitors the use status of electric equipment in each residence and a remote monitoring
method for living conditions." (paragraph [0001])
B. Embodiment of the invention"(Embodiment 1)
Figure 1 shows an example of the structure of a remote monitoring system for living
conditions related to the first embodiment of the Invention. The remote monitoring
system consists of an In-House Device 2 and a Remote Monitoring Device 1. The InHouse Device 2 is equipped with a Power Strip 4 and a Transmitter 3. The Remote
Monitoring Device 1 receives the operation status of an Electric Equipment 6 from the
In-House Device 2 and displays the operation status of the Electric Equipment 6 of eachresidence." (paragraph [0019])"The Power Strip 4 of the In-House Device 2 lies between an electrical outlet of thepower supply line and the Electric Equipment 6. The Power Strip 4 includes a Plug 24,
a Sensing Unit 25, an Outlet 26, a Judging Unit 28, a Measurement Data Memory Unit
27, and a Sensing Unit ID Memory Unit 29. The Plug 24 of the Power Strip 4 is plugged
into an electrical outlet in a residence and supplies power to the Electric Equipment 6
that is connected to the Outlet 26. The Sensing Unit 25 is placed between the Plug 24
and the Outlet 26. Electrical current flows from the electrical outlet to the Electric13Equipment 6 by way of the Plug 24, the Sensing Unit 25, and the Outlet 26. The Sensing
Unit 25 is equipped with a power meter or an ammeter and detects the electric powerthat the Electric Equipment 6, which is connected to the Outlet 26, consumes or theelectric current that flows through the Electric Equipment 6. The Sensing Unit 25
measures the current consumption or power consumption of the Electric Equipment 6
for a pre-determined time unit and generates records of a pair of measurement time andcurrent consumption or power consumption at the measurement time." (paragraph[0020])"The Electric Equipment 6 that is connected to the Outlet 26 is optional. It may be
any electric equipment, such as a television, refrigerator, air-conditioner, vacuum
cleaner, lighting device, electric thermo pot, electric rice cooker, microwave, or
personal computer, etc." (paragraph [0021])"The Judging Unit 28 judges the operation status of the Electric Equipment 6, whichis connected to the Outlet 26, based on electric current or power data, which was
detected with the Sensing Unit 25. Operation status of the Electric Equipment 6 isjudged by two statuses, for example, the in-operation status where the electric current
or power consumed by the Electric Equipment 6 is higher than the threshold and thenon-operational (stopping) status where it is lower than the threshold. Or it may be
judged by three statuses, including stoppage, standby, and in-operation, or it may be
judged by dividing the in-operation status into multiple stages. The Judging Unit 28
memorizes the data detected by the Sensing Unit 25 and/or measurement data of the inoperation status as judged in the Measurement Data Memory Unit 27. (paragraph[0022])"The Measurement Data Memory Unit 27 continuously retains measurement timeand measurement data at the measurement time for a pre-determined period of time.
The Measurement Data Memory Unit 27 is prepared for each electrical outlet in theresidence. The Sensing Unit ID Memory Unit 29 memorizes the sensing unit ID that is
a code for identifying the Power Strip 4 uniquely in the residence. The Judging Unit 28
sends measurement data along with the sensing unit ID to the Transmitter 3. The Power
Strip 4 and the Transmitter 3 communicate through, for example, a power-line carrier,wireless LAN, low power radio station, or analog or PHS standard cordless phone."(paragraph [0023])"The Transmitter 3 includes a Transmitting Unit 22, a Residence ID Memory Unit
21, and an Equipment Type Memory Unit 23. The Transmitting Unit 22 receives
measurement data and the sensing unit ID from the Power Strip 4. The Residence ID
Memory Unit 21 memorizes the residence ID that is a code for identifying the residence
14uniquely. The Residence ID is an identification code assigned to the Transmitter 3.
Since one piece of the Transmitter 3 is installed in a residence usually, it serves as acode for identifying the residence. The Remote Monitoring Device 1 identifies a
residence for each residence ID of the Transmitter 3." (paragraph [0024])"The Transmitter 3 of the In-House Device 2, as shown in Figure 1, transmits to the
Remote Monitoring Device 1 by way of the Telecommunication Network 7 observation
data and observation time along with the residence ID, the sensing unit ID, and theequipment type. As the Telecommunication Network 7 that connects the In -House
Device 2 and the Remote Monitoring Device 1, for example, the internet, telephone
network, cell phone network, or PHS, etc. may be used. As a transmission path to accessthe internet, for example, ADSL (Asymmetric Digital Subscriber Line), cable television(coaxial cable), optical transmission system, wireless LAN, or ISDN (Integrated
Services Digital Network), etc. may be used." (paragraph [0031])"The Remote Monitoring Device 1 in Figure 1 is equipped with a Receiving Unit
11, a Control Unit 12, a Memory Unit 14, and an Equipment Operation Status Display
Unit 13. The Receiving Unit 11 receives the residence ID, the sensing unit ID, theequipment type, and the observation data and observation time from the In -House
Device 2. The Control Unit 12 memorizes received data for each residence ID andsensing unit ID in the Memory Unit 14, as the Equipment Operation Data 15. In addition,
it memorizes the data by linking it with the sensing unit ID and the equipment type foreach residence ID, as the Existing Equipment Information 16." (paragraph [0033])"An In-House Device 2 is installed at each residence, and one piece of a Remote
Monitoring Device 1 covers one or more residences and it is installed in an organizationthat supervises these residences or manages and monitors these residences. For example,
one piece of a Remote Monitoring Device 1 exists in one village, in concrete terms, one
Remote Monitoring Device exists in a government office or a fire department. Or a
Remote Monitoring Device 1 is installed as one piece in one condominium, for example,
in such manner as there is one Remote Monitoring Device 1 in the condominium
caretaker's office." (paragraph [0036])"Figure 4 shows an example of a Remote Monitoring Device 1 in which theoperation status is stored concretely. In this case, it is reported every 10 minutes that anelectric thermo pot is in operation." (paragraph [0040])"The Control Unit 12 displays the Equipment Operation Data 15, which is received
by the Receiving Unit 11 and memorized in the Memory Unit 14 for a pre-determined
time unit for each residence, on the Equipment Operation Status Display Unit 13. If aperson in charge from a government office or a fire department or a condominium
15

caretaker recognizes the results in the display and notices an abnormality or change, it
serves as alert information to have him/her recognize the need to directly visit theresidence in that situation." (paragraph [0043])"Embodiment 1 explains the form where the Power Strip 4 of the In-House Device
2 is connected to an electrical outlet and the Plug 24 of the Electric Equipment 6. The
Power Strip 4 may be connected to a power wire of the residence, instead of an electricaloutlet, and wiring of the Electric Equipment 6 may be connected through a terminal,
etc. For example, a structure wherein the Power Strip 4 is connected to a lighting device
that is installed on the ceiling or a wall through a switch box that is installed on the wall
may be allowed." (paragraph [0054])"(Embodiment 2)
Figure 10 is a block diagram that shows an example of the structure of a remotemonitoring system for living conditions related to Embodiment 2. In Embodiment 2,
the status where reminder information should be displayed (alert status) to a person whomonitors living conditions at a subject residence is judged automatically. The remotemonitoring system for living conditions in Embodiment 2 is equipped with the Alert
Status Judging Unit 18 in the Control Unit 12 in addition to the structure of Embodiment
1. In addition, the Memory Unit 14 retains the Alert Status Judgment Condition 17.
Other structures are the same as Embodiment 1. In Embodiment 2, whether it is in alert
status or not is displayed on the Equipment Operation Status Display Unit 13 for eachresidence ID." (paragraph [0056])"The Alert Status Judgment Condition 17 of the Memory Unit 14 stores one or moregroups of records where conditions to judge alert operation status are paired with thealert event names, based on chronological operation status data of the Electrical
Equipment 6. The Alert Status Judgment Condition 17 is supplied externally throughinput-output interface (not shown in the Figure) or through memory medium."(paragraph [0057])"When the Alert Status Judging Unit 18 judges that a residence with a residence ID
is in alert status, the Control Unit 12 displays that the residence is in alert status. In
concrete terms, the Control Unit 12 displays a residence ID that is judged to be in alert
status, the residence corresponding to the residence ID, or the name of the resident andthe alert event name on the Equipment Operation Status Display Unit 13. (paragraph[0068])"Use status of the Electric Equipment 6 differs by individual. Therefore, the Alert
Status Judgment Condition 17 may be changed for each residence. In addition, existingElectric Equipment 6 differs by residence. Therefore, the Alert Status Judgment
16

Condition 17 may be set based on the logical sum of the operation statuses of multiple
pieces of an Electric Equipment 6 or Alert Status Judgment Condition 17 may be
expressed in logical operations where multiple conditions are combined." (paragraph[0069])"Figure 14 is a flow chart that shows an example of actions on the alert status display
related to Embodiment 2. In the actions on the alert status display in Embodiment 2,
alert status judgment and alert status display are added to the living condition display
in Embodiment 1. Actions from Step S31 through Step S35 in Figure 14 are the sameas Step S21 through Step S25 in Figure 9." (paragraph [0070])"After judging whether equipment type should be added to the Existing Equipment
Information 16 and implementing the addition of equipment type, the Alert Status
Judging Unit 18 of the Control Unit 12 retrieves the Alert Status Judgment Condition
17. Based on the memorized Equipment Operation Data 15 and received Equipment
Operation Data 15, whether it is in alert status or not is judged (Step S36)." (paragraph[0071])"When the Alert Status Judging Unit 18 judges that it is in alert status (Step S37:
YES), the Control Unit 12 displays that the residence in question is in alert status on
the Equipment Operation Status Display Unit 13 (Step S38). When it is judged to be
not in alert status (Step S37: NO), alert status is not displayed. In both cases, the Control
Unit 12 displays the Equipment Operation Data 15 on the Equipment Operation Status
Display Unit 13 for each residence (Step S38)." (paragraph [0072])"As explained above, the remote monitoring system for living conditions in
Embodiment 2 automatically judges whether it is in alert status or not based on the
Equipment Operation Data 15 according to judgment conditions, and displays the result.
As a result, operators do not have to watch the Equipment Operation Dat a 15 for a
specified period and make a judgment. In addition, operators do not have to monitor
equipment operation status always." (paragraph [0073])"The remote monitoring system for living conditions in Embodiment 2 can beswitched to both careful services and monitoring or rather general services andmonitoring by changing the fineness of the description of judgment conditions. For
example, the way to use the system, such as creating the judgment condition of 'a person
subject to watching always watches television from 8:15 to 8:30 every day' and making
the alert status reported if the condition is not met, is effective when monitoring theperson carefully. However, there may be a case where a person subject to watching feels
uncomfortable because he/she feels that being watched so acutely is like being watchedby a camera. The remote monitoring system for living conditions in Embodiment 2 may
17

change judgment conditions depending on the person subject to watching and the status
to be monitored." (paragraph [0074])"(Embodiment 3)
Figure 15 is a block diagram that shows an example of the structure of a remotemonitoring system for living conditions related to Embodiment 3. In Embodiment 3,
information that describes the type of the Electric Equipment 6, which is connected to
the Outlet 26 of the In-House Device 2, is input from the outside. The Power Strip 4 of
the In-House Device 2 is equipped with the Equipment Type Input Unit 20. Other
structures are the same as Embodiment 1." (paragraph [0075])"In Embodiment 3, the type of the Electric Equipment 6 that is connected to theOutlet 26 does not have to be identified with the Judging Unit 28 or the Receiver 3
based on current consumption or power consumption. Information that describes thetype of the Electric Equipment 6, which is connected to the Outlet 26, is input by the
Equipment Type Input Unit 20." (paragraph [0076])"Figure 16 shows an example of the Power Strip 4 and the Equipment Type Input
Unit 20. In the example in Figure 16, a Slide Switch 20a, which sets equipment type, isinstalled for each Outlet 26. For example, the Slide Switch 20a generates 4 -bit data in
response to the position of a Knob 20b of the Slide Switch 20a. The Judging Unit 28 in
Figure 15 retrieves 4-bit data (status), which is generated by the Slide Switch 20a, andobtains the type of the Electric Equipment 6 that is connected to the Outlet 26 based on
the pre-set 4-bit data and correspondence with the equipment type." (paragraph [0077])"The Equipment Type Input Unit 20 may be a Slide Switch 20a as shown in Figure
16 or a dial switch or may present a list of the Electric Equipment 6 candidates on aliquid crystal touch panel and have an operator select one of them by touching the touch
panel. Other equivalent means may be also used. If data that describes the type of theElectric Equipment 6 can be input, it is not limited to the aforementioned examples."(paragraph [0078])(2) Finding of the Cited Invention
According to the above, the Cited Invention can be found to be as stated in No.2, 3,(1) above.
3. Grounds for Rescission 1 (Error in finding of common features and overlook ofdifferences between the Invention in the Application and the Cited Invention)(1) Technical meaning of the "ID numbers related to installation sites in the facility" in
the Invention in the Application
In light of the details of the Invention in the Application related to theaforementioned finding, in the Invention in the Application, the transmitter that is18

installed on the lighting device transmits "(signals superimposed by) ID numbers
related to the facility where lighting devices are installed and the installation sites in
the facility" and a cloud server, which received the "ID number" in question via network,
confirms safety based on the "ID number" and according to the safety notification rulesthat were registered in advance. In addition, referring to the statement in paragraph[0020] and [Figure 1] in the Description, etc., it can be understood that the term
"facility" refers to the residence of "a person subject to watching" and the term
"installation site" refers to the individual room (living room, toilet, bedroom, etc.).
Then, in order to show intended operation effects, "safety confirmation," in theInvention in the Application, it is understood that the "ID number" that is transmitted
by the lighting device and the "ID number" that is registered on the cloud server must
be the ID number that can identify the "installation site" of the lighting device and the"ID number" that is transmitted by the lighting device and the "ID number" that isregistered on the cloud server must be able to detect which "installation site" is inabnormal status by comparing them to each other.
Based on the above, it is found that, in the Invention in the Application, the lighting
device is equipped with a transmitter; the installation site (room) of the lighting device
is identified based on the "ID number related to the facility where it is installed andinstallation site in the facility" (information that can identify each room, such as theliving room, toilet, bedroom, etc.); and safety is judged in accordance with the safety
notification rules based on the identified installation site; and when judging safety,
location information that is the installation site of the lighting device (in concrete terms,
each room, such as the living room, toilet, bedroom, etc.) is used.
(2) Technical meaning of the "sensing unit ID" in the Cited Invention
Whether the "sensing unit ID" of the Cited Invention related to the aforementioned
finding identifies the installation site of the "Power Strip 4" in a residence is examined
below.
The "sensing unit ID" of the Cited Invention is a code for identifying the "Power
Strip 4" uniquely in a residence; however, in Cited Document 1, it is not stated at allthat the "sensing unit ID" is related to information that describes the installation site ofthe "Power Strip 4." In addition, taking into account the general use pattern of a power
strip, it is understood that where to install a power strip in a residence and to what
electric equipment a power strip is connected is determined optionally by the user ofthe power strip.
In Cited Document 1, the ways of the lighting device being connected to the "Power
Strip 4" are also disclosed ([Figure 6]); however, the lighting device is used by any sites
19

in a residence, such as in the living room, toilet, bedroom, etc., and everyplace in a
residence can be assumed as an installation site of a power strip that is connect ed to thelighting device. Therefore, even if the "Power Strip 4" is identified by the "sensing unit
ID" uniquely, it is only an identification of the "Power Strip 4" and no basis can be seen
to consider that the installation site of the "Power Strip 4" in question can also be
identified.
In other words, in order to identify the installation site in a residence based on the"sensing unit ID" of the "Power Strip 4," it is necessary to have additional informationthat links the "sensing unit ID" and the installation site of the "Power Strip 4" inquestion in a residence. It cannot be found that a code for identifying a power strip
uniquely, which is the "sensing unit ID" of the "Power Strip 4," can identify the
installation site of the "Power Strip 4" in question.
(3) Allegation of the Defendant
A. The Defendant pointed out in paragraph [0024] of the Description, etc. that, as the
ID numbers that are transmitted by lighting devices, only "location ID numbers" aredisclosed; it is not clear whether location information that is linked to location ID
numbers includes installation sites (individual rooms) or not.
However, in light of (A) through (C) below, it is understood that "location ID
numbers" in the Invention in the Application include "internal managem ent ID
numbers" that identify each room in a residence. Therefore, the aforementioned
allegation of the Defendant does not overturn the aforementioned finding.
(A) In paragraphs [0026] and [0027], it is stated that the "internal management ID
numbers" that identify individual rooms in a residence are registered in the database on
the cloud server side, which receives the information, and paragraph [0029] and after
explain in detail the structure wherein the action of a safety confirmation system judges
in which room (installation site) in a residence an abnormality occurred. Given theabove, the overall statements of the Descriptions, etc. cannot be understood reasonably
unless understanding that "location ID numbers," which are transmitted by a receiver,include "internal management ID numbers," which are held by a cloud server.
(B) Apart from paragraph [0024], paragraphs [0035], [0040], and [0042] clearly statethat "location ID numbers" identify the installation site (each room, such as the livingroom, toilet, bedroom, etc.) of a lighting device.
(C) In paragraph [0024], "location information" that is linked to "location ID numbers"
is the "address of the facility where installation sites exist, latitude and longitude of
installation sites, and floor number, etc. of the facility where devices are installed "(underlined by the court). It cannot be said that it is not allowed to understand that a20

location ID number includes information for identifying the installation site
(information corresponding to an "internal ID number" on a cloud server) by including
the name of each room (living room, toilet, bedroom, etc.), which is an installation site,in "etc." in question.
It is also possible to understand that it is not allowed to include the name of eachroom, which is an installation site, in "etc." in question or it only states that location
information is registered on a cloud server, and that the location information of the"installation site" (each room) in the facility is registered on a cloud server using an app
after a user installs lighting devices. In addition, taking into account the statement inparagraph [0019], "the user configures and registers the installation sites of lighting
devices, ... in accordance with the obtained app," it can be said that the aforementioned
understanding is rather the main point.
As mentioned in (1) above, the Invention in the Application can show intended
operation effects only when an "ID number" that is transmitted by a lighting device andan "ID number" that is registered on a cloud server can be compared to each other.
Therefore, the understanding of a person skilled in the art who accesses the Descriptions,etc. is considered to be either of the aforementioned understandings.
B. The Defendant alleged as follows: the installation site (room) of electric equipmentthat is connected to a power strip is usually specified by the type of electric equipment;
therefore, the "sensing unit ID" in the Cited Invention is not only "a code for identifying
the Power Strip 4 uniquely," which means a code for identifying "which" electric
equipment in the residence, but a code for identifying "where" it is installed in theresidence; it has a meaning as location information and has the same role as the "internalmanagement ID number" of the Invention in the Application.
It is true that, in [Figure 5] of Cited Document 1, which the Defendant uses as thebasis of its allegation, equipment operation data, which consists of the "residence ID,"the "sensing unit ID" (it is found that the statement of "measurement unit ID" in Figure
5 is a description error of "sensing unit ID"), the "equipment type," the "operation
status," and other information, is listed. For example, the following examples areindicated: if the "sensing unit ID" is "id13," the "equipment type" is "electric ricecooker" in both cases where the "residence ID" is "hid7" and "hid2"; if the "sensing unit
ID" is "id17," the "equipment type" is "PC," "clothes iron," or "electric thermo pot."
Therefore, it is presumed that there is a correlation between the "sensing unit ID" andthe electric equipment type or the installation site of the "Power Strip 4."
However, it should be said that these examples in [Figure 5] in Cited Document 1
only show a correspondence relationship between the "sensing unit ID" and the electric21equipment that is connected, which occurs as a result of a user installing each power
strip optionally in a residence and connecting the power strip to electric equipment. For
example, taking into account that the aforementioned electric thermo pot is used in anyof the kitchen, living room, dining room, and bedroom, it cannot be determined basedon the statement in [Figure 5] that any correlation has been determined between the"sensing unit ID" of the "Power Strip 4" and the installation site of the "Power strip 4"in question.
In addition, in paragraphs [0075] through [0078] in Cited Document 1, it is stated
that, under a monitoring system for living conditions related to Embodiment 3, the"Slide Switch 20a," which configures the equipment type, is installed on the "Power
Strip 4." In [Figure 16], as the equipment type, "refrigerator," "electric rice cooker,""television," "clothes iron," "microwave," and "other" are listed as examples and it isshown that the "Slide Switch 20a" optionally selects the equipment type from theseequipment types.
Then, the "Power Strip 4" stated in Cited Document 1 is on the assumption of being
connected to various kinds of electric equipment, including "refrigerator," "electric ricecooker," "television," etc. and the installation site of the "Power Strip 4" in question isassumed to be at various sites in a residence, such as the kitchen, living room, etc.
Therefore, there is originally no relationship between the "sensing unit ID" of the"Power Strip 4" and the installation site of the "Power Strip 4" in question.
Based on the above, it cannot be found that, based on the "sensing unit ID" foridentifying the "Power Strip 4" uniquely, a technical idea for identifying the installationsite of the "Power Strip 4" in question is disclosed in Cited Document 1 and, therefore,
the aforementioned allegation of the Defendant cannot be adopted.
C. The Defendant alleged as follows: in consideration of the fact that it is normal for
power strips in a residence and home appliances connected to the power strip not to be
moved when once they are installed and that, in the Cited Invention, whether it is inalert status or not can be defined as the installation site of the "Power Strip 4" is known,the "sensing unit ID" of the "Power Strip 4" is the information that can identify the
installation site and is not different from the location information (including
information on the installation site) of the Invention in the Application.
However, as mentioned below, the aforementioned allegation of the Defendantcannot be adopted.
(A) In [Figure 13] of Cited Document 1, examples of conditions to judge whether it isin alert status or not are stated. Based on this statement, the technical idea to judge alert
status based on the electric equipment type (television, electric rice cooker, clothes iron,22etc.) and its operation status (in-operation or non-operational) can be understood;
however, the technical idea to differentiate judgment conditions (for example,
differentiating judgment conditions between televisions in a living room and abedroom) depending on the installation site of electric equipment if type of the electric
equipment is the same, cannot be understood.
For example, the following condition is understood to be a technical idea of theCited Invention: from judgment conditions stated in [Figure 13], "if 'electric ricecooker' continues to be 'non-operational' for three days or longer," it seems to be asituation that a resident has not eaten, and, therefore, this case is registered as an "alert
operation status" as stated in paragraph [0057]. The installation site of an electric ricecooker is usually in a specific room in a residence, "kitchen"; however, whether aresident enters the kitchen or not during that time is not used as a condition to judge
whether it is in alert status or not.
As mentioned above, in the Cited Invention, as information to judge whether it isin alert status or not, the type of electric equipment that is connected to a specified
power strip is used; however, there is no disclosure or suggestion to use information
related to the installation site of the power strip in question and electric equipment thatis connected to the power strip.
(B) [Figure 6] of Cited Document 1 is a form where the same type of electric equipment,a lighting device, is connected to the "Power Strip 4" in each of two rooms. It is foundthat the "Power Strip 4" that is installed in each of two rooms transmits the "sensing
unit ID" to the "Remote Monitoring Device 1." Even in this case, as mentioned in (A)above, the "sensing unit ID" is only a code for identifying each power strip and electric
equipment that is connected to the power strip, but not the information to describe theinstallation site of the "Power Strip 4." Therefore, no technical basis that the "sensing
unit ID" can identify each room can be found.
(4) Based on the above, the "sensing unit ID" of the Cited Invention does not identify
the installation site of the "Power Strip 4" in a residence and, therefore, its technicalmeaning is different from that of the "internal management ID number," which
identifies the installation site in a residence (in concrete terms, each room, such as theliving room, toilet, bedroom, etc.) from the location information in the Invention in the
Application.
Nevertheless, the JPO determined that the "sensing unit ID" in the Cited Invention
corresponds to the "internal management ID number" in the Invention in the Applicationand included that the "ID number related to the installation site in the facility" is used
for safety confirmation in its finding of common features. Therefore, it must be said
23

that there is an error in this finding. As a result, the JPO Decision overlooked Difference
5 related to the allegation of the Plaintiff and the aforementioned error in the finding ofcommon features is an error that affects the conclusion of the JPO Decision.
4. Grounds for Rescission 2 (Error in the determination on the effect from exchanging
lighting devices)(1) The Plaintiff alleged that, in the Invention in the Application, the "lighting device"itself is equipped with a "transmitter," and therefore, only by exchanging the existing
lighting device to the "lighting device" in the Invention in the Application, it shows aneffect that the "existing lighting device can be exchanged with the lighting device in
the Invention in the Application without requiring construction and a safety
confirmation system related to the Invention in the Application can be introduced." Thisis examined below.
(2) In the Cited Invention, the "Power Strip 4" is connected to the "Electric Equipment
6" one by one. In paragraph [0020], [Figure 1], etc. of Cited Document 1, it is disclosed
as an embodiment of the Cited Invention that the "Power Strip 4" and the "Electric
Equipment 6" are connected via an outlet; however, special technical difficulty cannot
be found in integrating the "Electric Equipment 6" and the "Power Strip 4," both ofwhich are connected to an outlet, and in considering them as one structure, and it isfound to be possible for a person skilled in the art as necessary.
In addition, in paragraph [0021] of Cited Document 1, it is stated that "the Electric
Equipment 6 that is connected to the Outlet 26 is optional. It may be any electric
equipment, such as a television, refrigerator, air-conditioner, vacuum cleaner, lighting
device, electric thermo pot, electric rice cooker, microwave, or personal computer, etc.";
however, since a desk lamp and other lighting device equipped with an outlet can beassumed, if such a lighting device and a power strip are integrated, no construction isnecessary and the power strip is exchanged only by exchanging the desk stand.
Then, also in the Cited Invention, it is possible to show the effect of introducing a
remote monitoring system for living conditions in the Cited Invention "without
requiring construction," but by only exchanging the existing "lighting device."
Therefore, the aforementioned allegation of the Plaintiff does not support the inventive
step of the Invention in the Application and cannot be adopted.
5. Grounds for Rescission 3 (Error in the determination as to whether Differences 3 and4 could have been easily conceived of by a person skilled in the art)
(1) The Plaintiff alleged that in order for a person skilled in the art who comes acrossthe Cited Invention consisting of the "Electric Equipment 6" and the "Power Strip 4,"
for which an outlet is essential, to conceive of the structure to embed a "trans mitter" in24

the "lighting device" in the Invention in the Application, the presence of an outlet is abarrier and there is technical difficulty. Therefore, it is examined below.
(2) The Invention in the Application only specifies a "lighting device" to be a "lighting
device that turns a light on or off." Therefore, it is understood that the "lighting device"in the Invention in the Application includes any lighting device as long as it is a"lighting device that turns a light on or off" and, naturally, the "lighting device" in theInvention in the Application includes a lighting device that is used by being connected
to an outlet as long as it "turns a light on or off."And, as examined in 4 (2) above, it is found that, in the Cited Invention, integratingthe "Electric Equipment 6" and the "Power Strip 4," both of which are connected to an
outlet, can be achieved by a person skilled in the art as necessary. In cases where the"Electric Equipment 6" is a lighting device that is connected to an outlet, the li ghting
device is integrated with the "Power Strip 4" and it results in a structure where a"transmitter" is embedded in the "lighting device" in the Invention in the Application.
No technical difficulty is found in this process.
Consequently, the aforementioned allegation of the Plaintiff cannot be adopted.
6. Conclusion
As mentioned above, there are no grounds in the allegation of the Plaintiff related
to the Grounds for Rescission 2 and 3; however, there are grounds in the allegation of
the Plaintiff related to the Grounds for Rescission 1. Therefore, the JPO Decision isillegal and should be rescinded.
Consequently, the judgment shall be rendered as indicated in the main text.
Intellectual Property High Court, Third Division
Presiding judge: SHOJI Tamotsu
Judge: UEDA Takuya
Judge: TSUNO Michinori

25

Attachment 1: Drawings in the Description, etc. in the Application[Figure 1]
100: Safety confirmation system
ToiletWatcher

10a: LED beacon

Cloud computing
systemLiving room

[Safety communication]
Mr./Ms. ○○ has notturned on the light.
Time: From ○○:○○ to○○:○○.

Receiver(For each person
subject to watching)

10a: LED beacon

Please confirm.
Contact information of
Ms./Mr. ○○Bathroom in thehouse next door

Cloud server
External terminal

10a: LED beacon[Figure 2](a)Electronic tag ID

Cryptosystem

Location ID number

Check code

16 bytes(b)
Location ID
numberShipping ID
numberFacility ID
numberInternal
Facility address (floor Latitude andmanagement
number)longitudeID

26

Attachment 2: Drawings of Cited Document 1[Figure 1]
ElectricoutletElectric
equipment

Plug

Measurementdata

ResidenceID

Sensing
unit

Judging unit

Transmitting
unit

OutletSensing
unit ID

Plug

Measurement
data

Sensing
unit

Judging unit

OutletSensing
unit ID

Equipment
operation status
display unit

Receivingunit

Control unit

Equipment
type

Memory unit

ElectricoutletElectric
equipment

Equipment
operation
data
Existing
equipment
information

In-house device
In-house device

In-house device[Figure 4]
Residence ID
hid4
hid4
hid4
hid4
hid4
hid4
hid4
hid4
hid4
hid4
hid4
・・・

Measurement value ID
id17
id17
id17
id17
id17
id17
id17
id17
id17
id17
id17
・・・

Equipment type
Electric thermo pot
Electric thermo pot
Electric thermo pot
Electric thermo pot
Electric thermo pot
Electric thermo pot
Electric thermo pot
Electric thermo pot
Electric thermo pot
Electric thermo pot
Electric thermo pot
・・・

27

Time
2009/Jun./3/13:10
2009/Jun./3/13:20
2009/Jun./3/13:30
2009/Jun./3/13:40
2009/Jun./3/13:50
2009/Jun./3/14:00
2009/Jun./3/14:10
2009/Jun./3/14:20
2009/Jun./3/14:30
2009/Jun./3/14:40
2009/Jun./3/14:50
・・・

StatusIn-operation
In-operation
In-operation
In-operation
In-operation
In-operation
In-operation
In-operation
In-operation
In-operation
In-operation
・・・

[Figure 5]
Residence A
Transmitting Unit 22
Residence ID

Measurement value ID

Equipment typeTime

Operation status

hid7

id13

Electric rice cooker

T3

In-operation

hid7

id23

Vacuum cleaner

T4

In-operation

hid7

id5

Refrigerator

T5

In-operation

hid7

id17

PC

T4

Non-operational
Residence B
Transmitting Unit 22

Residence C
Transmitting unit 22

Equipment Operation Data 15
Residence ID

Measurement value ID

Equipment typeTime

Operation status

hid7

id13

Electric rice cooker

T3

In-operation

hid7

id23

Vacuum cleaner

T4

In-operation

hid7

id5

Refrigerator

T5

In-operation

hid7

id17

PC

T4

Non-operational

hid2

id13

Electric rice cooker

T1

Non-operational

hid2

id23

Television

T1

In-operation

hid4

id5

Refrigerator

T6

In-operation

hid4

id17

Clothes iron

T2

In-operation

hid4

id17

Electric thermo pot

T5

In-operation

Existing Equipment Information 16
Residence ID

Existing equipment list

hid2

Electric rice cooker, television

hid4

Refrigerator, clothes iron, electric thermo pot

hid7

Electric rice cooker, vacuum cleaner, refrigerator, PC

・・・

・・・

28

[Figure 6]

Government office

Network

Electric
power source

Transmitter[Figure 10]
ElectricoutletPlug

Measurementdata

ResidenceID

Sensing
unit

Judging unit

Transmitting
unitElectric
equipment

OutletSensing
unit ID

ElectricoutletPlug

Measurement
dataElectric
equipment

Sensing
unit

Judging unit

OutletSensing
unit ID

Equipment
type

Equipment
operation status
display unit

Control unit
Receivingunit

Alert status
judging
unit

Memory unit
Equipment operation
data
Existing equipment
information

In-house device
In-house device

In-house device

29

Alert status judging
unit[Figure 13]- If "television" continues to be "in-operation" for 24 hours or longer.
- If "electric rice cooker" continues to be "non-operational" for three days or longer.
- If "television" continues to be "non-operational" for two days or longer.
- If "clothes iron" continues to be "in-operation" for three hours or longer.
- If "electric thermo pot" continues to be "in-operation" for two days or longer.
- If "hair dryer" continues to be "in-operation" for one hour or longer.

30

[Figure 14]
Alert status display

Receiving equipment
operation data

Data received?

Extracting equipment type

Equipment
type exists?

Addition of equipment type

Alert status judgment

In alert status?

Displaying alert status

Displaying equipment
operation data

31

[Figure 16]

Refrigerator
Electric ricecookerTelevision
Clothes iron
Microwave
Other

Refrigerator
Electric ricecookerTelevision
Clothes iron
Microwave
Other

32

Refrigerator
Electric ricecookerTelevision
Clothes iron
Microwave
Other