DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claims 1-20 are rejected under pre-AIA 35 U.S.C. 102(a) as being clearly anticipated by WO 2014/123804 A2.
WO 2014/123804 A2 to Prime Datum Development Company, LLC (hereinafter referred to as ‘PDD') teaches a heating ventilation and air-conditioning (HVAC) system (Abstract) as recited by independent claim 1, comprising a chiller (Abstract; page 1, line 12; page 16, lines 3-5, 11, 12) including a condenser coil having a coolant therein (6012; pg. 157, lines 3-4; Fig. 27); an axial fan (6006 or 6030; pg. 156, line 25 to pg. 157, line 6; Fig. 27) which is used in a known manner to condition air in an interior space, the axial fan being disposed within a round duct of the HVAC system (Figs. 27 and 28; page 45, lines 19-22) that complements the shape of the fan and seals the fan at the narrow region around the fan to provide proper fan head, which creates a pressure differential to move and balance air in the HVAC system; a high torque, variable speed, load bearing permanent magnet motor (motor 2004 of direct-drive system 2000); pg. 42, lines 10-11, 16-17; pg. 43, lines 4-6, 8-11; pg. 44, lines 2-5; pg. 46, lines 13, 24; pg. 47, lines 1-4 (note that the permanent magnet motor may be as described in U.S. Pat. No. 8,188,698); pg. 48, lines 2-3; and pg. 49, lines 7-8; Figs. 2A, 4, and 27) comprising a casing (21) having an interior (pg. 109, lines 13-14; Fig. 4), a stator (32) and rotor (34) located in the interior of the casing (pg. 48, lines 5-6) for creating flux (pg. 42, lines 6-7), and a rotatable shaft (2006) connected to the fan (pg. 42, lines 11-17), the motor comprising a bearing system (40, 42, and 44) for bearing fan loads and enabling the variable speed, load bearing motor to rotate the fan in a forward direction or reverse direction (pg. 48, line 1 to pg. 49, line 8; Fig. 4), wherein rotation of the fan causes air-flow through the condenser coil (pg. 157, lines 2-6; Fig. 4), the bearing system comprising a spherical roller thrust bearing (40) for absorbing the thrust loads resulting from the weight of the fan and the airflow produced by rotation of the fan (pg. 48, lines 8-11), a cylindrical roller bearing (42) for opposing the radial loads at the thrust end of the rotatable shaft (pg. 48, lines 11-15), and a tapered roller output bearing (44) for opposing the reverse thrust loads resulting from reverse rotation of the fan and yaw loads (pg. 48, lines 15-19); and a device (23A) to generate electrical signals that cause rotation of the rotatable shaft of the motor in order to rotate the fan (pg. 92, line 20 to pg. 93, line 1).
With regard to the language added to independent claim 1 by the previous amendment filed on November 26, 2025, applicant should note PDD at page 15, lines 1-3; page 18, lines 12-18; page 19, lines 7-9; page 20, lines 10-12; page 21, lines 7-13; page 23, lines 9-16, 21-23; page 25, lines 19-21; page 27, lines 13-17; page 63, lines 19-20; page 89, lines 10-11; page 100, lines 22-25; page 101, lines 7-11, 18-22; page 119, lines 2-5; page 142, lines 6-21; page 143, lines 1-8; page 144, lines 2-6; page 147, line 25 through page 148, line 3, wherein the reference specifically states that the fan speed and overall operation of the HVAC equipment and chillers are controlled in a forward predictive manner based upon historical weather data as a function of date and time, in the same manner as disclosed within the instant application. With regard to the language added to independent claim 1 by the previous amendment filed on November 26, 2025, pertaining to weather input data, applicant should note Figure 2L, which illustrates the “on-site weather station 316”, which feeds data to the data acquisition device (DAQ), which uses the programmable control means to control the variable torque and speed of the axial fan(s) within the HVAC system (page 16, lines 3-14). It should be noted that the very definition of an HVAC system is that which controls the condition of the air within an interior space of a building.
Regarding Claim 2, PDD teaches the heating ventilation and air-conditioning system according to claim 1 further comprising a first bearing housing (50) for housing the tapered roller output bearing (pg. 49, lines 10-11; Fig. 4) and a second bearing housing (52) for housing the cylindrical roller bearing and the spherical roller thrust bearing (pg. 49, line 11; Fig. 4).
Regarding Claim 3, PDD teaches the heating ventilation and air-conditioning system according to claim 2 further comprising a first seal to isolate the first bearing housing from the interior of the casing (pg. 49, lines 11-13) and a second seal to isolate the second bearing housing from the interior of the casing (pg. 49, lines 11-13).
Regarding Claim 4, PDD teaches the heating ventilation and air-conditioning system according to claim 3 wherein the motor further comprises a motor shaft seal in tandem with the first and second seals (pg. 49, lines 17-18).
Regarding Claim 5, PDD teaches the heating ventilation and air-conditioning system according to claim 4 wherein the motor shaft seal comprises a bearing isolator (pg. 49, lines 17-18).
Regarding Claim 6, PDD teaches the heating ventilation and air-conditioning system according to claim 1 wherein the motor comprises a load bearing permanent magnet motor which may be a commutator motor (pg. 46, line 24; pg. 48, lines 2-3 and pg. 49, lines 7-8).
Regarding Claim 7, PDD teaches the heating ventilation and air-conditioning system according to claim 1 wherein the motor includes at least one sensor (400, 402, 404, and 406; pg. 109, lines 13-14 and pg. 111, lines 9-11; Fig. 4) for measuring vibrations and outputting signals representing the measured vibrations (pg. 109; lines 21-22).
Regarding Claim 8, PDD teaches the heating ventilation and air-conditioning system according to claim 7 wherein the motor includes at least one temperature sensor (420) to measure the temperature of the interior of the casing (pg. 116, line 10; Fig. 4).
Regarding Claim 9, PDD teaches the heating ventilation and air-conditioning system according to claim 7 wherein the motor includes at least one temperature sensor (422) positioned on the stator to measure the temperature of the stator (pg. 116, lines 14-15; Fig. 4).
Regarding Claim 10, PDD teaches the heating ventilation and air-conditioning system according to claim 7 further comprising a signal processor (DAQ device 200) for processing the signals outputted by the at least one vibration sensor (pg. 109, lines 17-24).
Regarding Claim 11, PDD teaches the heating ventilation and air-conditioning system according to claim 1 wherein the motor further comprises: at least one vibration sensor (400, 402, 404, and 406) positioned within the interior of the casing (pg. 109, lines 13-14 and pg. 111, lines 9-11; Fig. 4); at least one temperature sensor positioned within the interior of the casing (420, 421, and 422; pg. 115, line 24 to pg. 116, line 15);
an internal wiring network (electrical connections not shown) within the interior of the casing and electrically connected to the at least one vibration sensor (pg. 109, lines 17-20) and the at least one temperature sensor (pg. 116, lines 5-7); a signal connector (108) attached to the casing and electrically connected to the internal wiring network (pg. 109, lines 17-20); and external wires (110 and 112) connected to the signal connector for routing sensor signals to an external signal processing resource
(DAQ device 200; pg. 109, lines 17-24).
Regarding Claim 12, PDD teaches the heating ventilation and air-conditioning system according to claim 1 wherein the device to generate electrical signals comprises a variable frequency drive device (pg. 92, lines 23-25).
Regarding Claim 13, PDD teaches the heating ventilation and air-conditioning system according to claim 1 wherein the device to generate electrical signals comprises a variable speed drive device (pg. 89, lines 15-21).
Regarding Claim 14, PDD teaches the heating ventilation and air-conditioning system according to claim 1 wherein the motor is oriented such that the rotational shaft of the motor is vertically oriented (as in the case of the motor of direct-drive system 2000 driving fan 6006 as shown in Fig. 27; pg. 97, lines 12-16).
Regarding Claim 15, PDD teaches the heating ventilation and air-conditioning system according to claim 1 wherein the motor is oriented such that the rotational shaft of the motor is substantially horizontal (as in the case of the motor of direct-drive system 2000 driving fan 6030 as shown in Fig. 27; pg. 97, lines 16-17).
Regarding Claim 16, PDD teaches the heating ventilation and air-conditioning system according to claim 1 wherein the motor is oriented such that the rotational shaft is oriented at an angle (pg. 97, lines 17-19).
Regarding Claim 17, PDD teaches a heating ventilation and air-conditioning system (Abstract) comprising: a chiller (Abstract; page 1, line 12; page 16, lines 3-5, 11, 12) including a condenser coil having a coolant therein (6012; pg. 157, lines 3-4; Fig. 27); an axial fan (6006 or 6030; pg. 156, line 25 to pg. 157, line 6; Fig. 27) which is used in a known manner to condition air in an interior space, the axial fan being disposed within a round duct of the HVAC system (Figs. 27 and 28; page 45, lines 19-22) that complements the shape of the fan and seals the fan at the narrow region around the fan to provide proper fan head, which creates a pressure differential to move and balance air in the HVAC system; a high torque, variable speed, load bearing permanent magnet motor (motor 2004 of direct-drive system 2000; pg. 42, lines 10-11, 16-17; pg. 43, lines 4-6, 8-11; pg. 44, lines 2-5; pg. 46, lines 13, 24; pg. 47, lines 1-4 (note that the permanent magnet motor may be as described in U.S. Pat. No. 8,188,698); pg. 48, lines 2-3; and pg. 49, lines 7-8; Figs. 2A, 4, and 27) comprising a casing (21) having an interior (pg. 109, lines 13-14; Fig. 4), a stator (32) and rotor (34) located in the interior of the casing (pg. 48, lines 5-6) for creating flux (pg. 42, lines 6-7), and a rotatable shaft (2006) connected to the fan (pg. 42, lines 11-17), the motor comprising a bearing system (40, 42, and 44) for bearing fan loads and enabling the variable speed, load bearing motor to rotate the fan in a forward direction or reverse direction (pg. 48, line 1 to pg. 49, line 8; Fig. 4), wherein rotation of the fan causes air-flow through the condenser coil (pg. 157, lines 2-6; Fig. 4), the bearing system comprising a spherical roller thrust bearing (40) for absorbing the thrust loads resulting from the weight of the fan and the airflow produced by rotation of the fan (pg. 48, lines 8-11), a cylindrical roller bearing (42) for opposing the radial loads at the thrust end of the rotatable shaft (pg. 48,
lines 11-15), and a tapered roller output bearing (44) for opposing the reverse thrust loads resulting from reverse rotation of the fan and yaw loads (pg. 48, lines 15-19), said motor further comprising at least one vibration sensor (400, 402, 404, and 406) positioned within the interior of the casing (pg. 109, lines 13-14 and pg. 111, lines 9-11; Fig. 4), at least one temperature sensor (420, 421, and 422) positioned within the interior of the casing (pg. 115, line 24 to pg. 116, line 15), an internal wiring network (electrical connections not shown) within the interior of the casing and electrically connected to the at least one vibration sensor and the at least one temperature sensor (pg. 109, lines 17-20 and pg. 116, lines 5-7), a signal connector (108) attached to the casing and electrically connected to the internal wiring network (pg. 109, lines 17-20), and external wires (110 and 112) connected to the signal connector for routing sensor
signals to a signal processing resource (DAQ device 200; pg. 109, lines 17-24); and
a device (23A) to generate electrical signals that cause rotation of the rotatable shaft of the motor in order to rotate the fan (pg. 92, line 20 to pg. 93, line 1).
With regard to the language added to independent claim 17 by the previous amendment filed November 26, 2025, applicant should note PDD at page 15, lines 1-3; page 18, lines 12-18; page 19, lines 7-9; page 20, lines 10-12; page 21, lines 7-13; page 23, lines 9-16, 21-23; page 25, lines 19-21; page 27, lines 13-17; page 63, lines 19-20; page 89, lines 10-11; page 100, lines 22-25; page 101, lines 7-11, 18-22; page 119, lines 2-5; page 142, lines 6-21; page 143, lines 1-8; page 144, lines 2-6; page 147, line 25 through page 148, line 3, wherein the reference specifically states that the fan speed and overall operation of the HVAC equipment and chillers are controlled in a forward predictive manner based upon historical weather data as a function of date and time, in the same manner as disclosed within the instant application. With regard to the language added to independent claim 17 pertaining to weather input data by the previous amendment filed on November 26, 2025, applicant should note Figure 2L, which illustrates the “on-site weather station 316”, which feeds data to the data acquisition device (DAQ), which uses the programmable control means to control the variable torque and speed of the axial fan(s) within the HVAC system (page 16, lines 3-14). It should be noted that the very definition of an HVAC system is that which controls the condition of the air within an interior space of a building.
With regard to claim 18, applicant should note at least line 24 on page 46 of the PDD reference, wherein it is stated that the permanent magnet motor may be in the form of a commutator motor.
With regard to the language of dependent claims 19 and 20, applicant should note the language on page 47, lines 3-4 of the PDD reference, wherein it is stated that the motor used by the PDD reference is the permanent magnet motor described in U.S. Patent No. 8,188,698, wherein the abstract of the noted U.S. Patent specifically describes a variable frequency drive device, as required by claim 20, having the characteristics and operational capabilities of claim 19.
With regard to the language of independent claims 1 and 17, i.e., a high torque, variable speed permanent magnet motor…having a rotor (rotatable shaft) directly connected to the fan, applicant should note specifically lines 2-3 of page 48 of the PDD reference, which state that the “motor 2004 is a high torque, low variable speed, permanent magnet motor.” Further, as mentioned above, U.S. Patent 8,188,698, which according to the PDD reference, specifically describes the fan drive motor used by the PDD reference, specifically states at col. 3, lines 45-48 of ‘698, “a fan drive system”…”comprising a high-torque, low speed permanent magnet motor having a rotatable shaft, a fan comprising a hub that is directly connected to the rotatable shaft”. This passage is repeated from the previous Office action to emphasize the disclosure by the PDD reference and U.S. Patent ‘698 that is cited throughout the PDD reference as teaching a preferred drive motor and shaft that is directly connected to the fan. Applicant should also note page 154, lines 23-25, and page 156, lines 17-18 of the PDD reference, which further note the direct connection of the fan to the rotatable shaft of the drive motor.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claim 21 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over WO 2014/123804 A2.
While the PDD reference (WO 2014/123804 A2, as applied above) does not specifically mention system lead and lag relative to the predictive control scheme thereof, one having ordinary skill in the art would have envisaged the manner in which system lead and lag would be affected by a forward predictive control scheme as disclosed by the PDD reference. As such, one having ordinary skill in the art would have found the system lead and lag control, as set forth by dependent claim 21, to have been an inherent feature of the forward predictive control scheme as disclosed by the PDD reference, or at the very least to have been an obvious expedient of the PDD reference, given the overall disclosure of the reference at the time of the invention.
Response to Arguments
Applicant’s arguments, see pages 8-9 of the Remarks section of the amendment, filed July 6, 2026, with respect to the eligibility of claims 1 and 17 under 35 U.S.C. 101 have been fully considered and are persuasive. The rejection of claims 1 and 17 under 35 U.S.C. 101 has been withdrawn.
Applicant's arguments filed July 6, 2026, regarding the rejection under 35 U.S.C. 102(a) as being anticipated by WO 2014/123804 A2 have been fully considered but they are not persuasive.
Specifically, applicant has attempted to establish an effective filing date of October 21, 2012, in connection with the grandparent CIP application 14/352,050, now U.S. Patent No. 10,031,535, which would predate the publication date of the PDD reference (WO 2014/123804 A2), which has been applied against the instant application claims in every Office action (7 actions) since January 21, 2022. Applicant’s arguments amount to various citations of language from U.S. Patent No. 10,031,535, to equivocate the cited passages to certain portions of the language of independent claim 1. However, the cited portions do not match the claim recitations, and it is not at all clear as to how the citations might provide sufficient disclosure of the instant claims. If applicant wishes to assert that the prior patent provides distinct disclosure that would establish full enablement of the instant claims, a much clearer and much more extensive display of equivalent disclosures between the prior patent (10,031,535) and the instant claim language must be provided. Citing terms and phrases from far flung portions of the patent would not be seen as sufficient.
With regard to the arguments directed to the inherency finding for the lead and lag language of dependent claim 21, such are moot in view of the removal of the rejection of claim 21 under 35 U.S.C. 102(a), and the currently added rejection of claim 21 under 35 U.S.C. 103(a).
With regard to the argument that the PDD reference is not prior art against claim 21, since the PDD reference and the instant application names the same applicant and the “exact same inventors (Rollins and Lucas)”, such is not persuasive, since the instant application also names Joseph Costello as a co-inventor, Mr. Costello not being listed as an applicant or inventor in the PDD reference.
Applicant’s argument that the PDD reference cannot serve as a statutory bar to the instant application claims under 35 U.S.C. 102(b) is irrelevant, since the reference has not been applied under 35 U.S.C. 102(b).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES S BUSHEY whose telephone number is (571)272-1153. The examiner can normally be reached M-Th 6:30-5:00.
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/C.S.B/9-5-26
/CHARLES S BUSHEY/ Primary Examiner, Art Unit 1776
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