DETAILED ACTION
Claims 2-8, 10-13, 15-17, 20, and 22-26 are pending.
Claims 1, 9, 14, 18-19 and 21 are canceled.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments, filed 09/10/2025, have been fully considered but are not persuasive. Applicant’s arguments are focused on that the prior art does not teach the features/limitations of - “selecting/selection” …. “a first schedule type”. However, it can be noted that Nikovski teaches said feature/limitations because Nikovski teaches separately applying schedules corresponding to distinct individuals. Each schedule is of a different type. In other words, schedules are of different type because they correspond to different time/lengths of operation requirements and different temperature requirements. The applied scheduled is considered the “selected schedule type”.
Regarding “generating an operating schedule”, Hanna teaches the concept/acts of “generating” because Hanna sends control signals to control the HVAC system in a scheduled manner according to requirements of the one or more individuals.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 12-13, 15-17, 20 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hanna et al., US Patent Application Publication No. 2014/0365017 (hereinafter Hanna) in view of Nikovski et al., US Patent No. 8,412,381 (hereinafter Nikovski).
Regarding claim 12, the combination of Hanna and Nikovski teaches all the claimed limitations, as outlined below:
Claim 12. Hanna teaches a computer-implemented method comprising: maintaining, by a monitoring system configured to monitor a property and in memory, a heating, ventilation, and air conditioning (HVAC) performance model that estimates HVAC performance and that was generated using temperature sensor data generated by a temperature sensor and HVAC data that indicates past energy consumption of a HVAC system at the property (Para 0018-0030, Para 0053-0054 and 0063-0065 - - utilizing HVAC models, sensor data, indoor/outdoor climate information, and user occupancy/location to control space temperature. Historical data is utilized to predict user occupancy of zones),
wherein the HVAC performance model is a linear model that approximates subsequent HVAC performance given the temperature sensor data (Para 0041 and 0049 - - it can be noted that the language of the current claims does not recite details regarding the linear model. The term “linear” could be considered as a descriptive language and serve as a label. It is not clear why the model is linear. For example, there is no description of the relationship between the parameters involved in the model. In linear systems the relationship between parameters is proportional. It is not clear if the term “linear model” is being utilized to express such relationship between parameters. For example, in HVAC systems there is a linear relationship between days of the week and energy usage. It is known that an HVAC performance model can be represented using a linear regression. Such models are utilized for prediction purposes. Energy consumption or load could be predicted based on indoor/outdoor environmental conditions utilizing HVAC performance models. Furthermore, linear regression models simplify the analysis of how different factors contribute to the HVAC system’s performance. The specification of the Instant Application was reviewed to determine Applicant’s definition for the term “linear model”. The specification of the Instant Application does not clearly and specifically define a linear model. It is determined that Hanna discloses a linear model because Hanna discloses utilizing autoregressive models for building performance models. Said autoregressive model is representative of a linear model. Such models take into consideration parameters that impact HVAC operations including indoor and outdoor environmental parameters/values and utilize previous values to represent output values. The relationship between the parameters involved in the model are proportional);
accessing, by the monitoring system, sensor data indicating occupancy for a location within the property; predicting, by the monitoring system, the location within the property using data for the sensor data; accessing, by the monitoring system, at least one user preference that reflects a temperature preference for the property; using the HVAC performance model, the sensor data, the location of the occupancy within the property, and the at least one user preference that reflects a temperature preference for the property, generating an operating schedule for the HVAC system that a) has the first schedule type from the plurality of schedule types, b) identifies a plurality of time periods and c) has, for a first time period from a plurality of time periods, a temperature setting for the first time period that is different than a second temperature setting for a second, different time period from the plurality of time periods, wherein the operating schedule for the first time period indicates one or more pre-cooling operations for the HVAC system; providing, by the monitoring system and to a thermostat that controls the HVAC system at the property, the operating schedule for the HVAC system (Para 0018-0030, Para 0053-0054 and 0063-0065 - - utilizing HVAC models, sensor data, indoor/outdoor climate information, and user occupancy/location to control space temperature. Historical data is utilized to predict user occupancy of zones).
Hanna fails to clearly specify computing, by the monitoring system and using activity data from more or more mobile devices, second location data that indicates activity external to the property; selecting a first schedule type using the HVAC performance model and the second location data that indicates the activity external to the property.
However, Nikovski teaches computing, by the monitoring system and using activity data from more or more mobile devices, second location data that indicates activity external to the property; selecting a first schedule type using the HVAC performance model and the second location data that indicates the activity external to the property (C2 L46-67 and C4 L11-22).
The applied prior art is considered analogous art to the claimed invention because they relate to same field of endeavor. They relate to hvac control systems,
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the above HVAC control system, as taught by Hanna, and incorporating the concept of utilizing data from an external source, as taught by Nikovski.
One of ordinary skill in the art would have been motivated to do this modification in order to save energy and assure comfort, as suggested by Nikovski (C$ L28-37).
Regarding claims 13, 15-17, 20 and 26, the combination of Hanna and Nikovski teaches all the claimed limitations of the base claim, as outlined above.
Claim 13. Hanna further teaches - The method of claim 12, wherein: the temperature sensor data comprises indoor temperature sensor data that indicates an indoor temperature at the property and maintaining the HVAC performance model comprises maintaining, in memory, the HVAC performance model that i)estimates HVAC performance for given indoor temperature sensor data and given outdoor temperature sensor data generated by an outdoor temperature sensor that indicates an outdoor temperature at the property and ii) was generated using the indoor temperature sensor data, the outdoor temperature sensor data, and the HVAC data (Para 0018-0030, Para 0053-0054 and 0063-0065 - - utilizing HVAC models, sensor data, indoor/outdoor climate information, and user occupancy/location to control space temperature. Historical data is utilized to predict user occupancy of zones).
Claim 15. Hanna further teaches - The method of claim 12, comprising: determining an occupancy of the property using the sensor data and a location of a sensor within the property, the occupancy comprising one or more persons and one or more locations at the property wherein: generating the operating schedule of the HVAC system comprises generating the operating schedule of the HVAC system using the HVAC performance model, the occupancy of the property, the location of the occupancy within the property, and the at least one user preference (Para 0018-0030, Para 0053-0054 and 0063-0065 - - utilizing HVAC models, sensor data, indoor/outdoor climate information, and user occupancy/location to control space temperature. Historical data is utilized to predict user occupancy of zones). Nikovski further teaches - generating the operating schedule of the HVAC system using the second location data that indicates the activity external to the property (C4 L11-22).
Claim 16. Hanna further teaches - The method of claim 15, comprising: determining occupancy prediction data and occupancy location prediction data using historical sensor data and the location of the sensor wherein: generating the operating schedule of the HVAC system comprises generating the operating schedule of the HVAC system using the HVAC performance model, the occupancy prediction data of the property, the occupancy location prediction data, and the at least one user preference (Para 0018-0030, Para 0053-0054 and 0063-0065 - - utilizing HVAC models, sensor data, indoor/outdoor climate information, and user occupancy/location to control space temperature. Historical data is utilized to predict user occupancy of zones). Nikovski further teaches - generating the operating schedule of the HVAC system using the second location data that indicates the activity external to the property (C4 L11-22).
Claim 17. Hanna further teaches - The method of claim 16, comprising: changing an energy efficiency of the operating schedule of the HVAC system using the occupancy prediction data of the property that indicates a confidence that the property will be occupied during performance of the operating schedule of the HVAC system (Para 0018-0030, Para 0053-0054 and 0063-0065 - - utilizing HVAC models, sensor data, indoor/outdoor climate information, and user occupancy/location to control space temperature. Historical data is utilized to predict user occupancy of zones).
Claim 20. Hanna further teaches - The method of claim 12, comprising accessing weather data associated with a location of the property, wherein: generating the operating schedule of the HVAC system comprises generating the operating schedule of the HVAC system using the HVAC performance model, the sensor data, the location of the occupancy within the property, the at least one user preference, and the weather data (Para 0018-0030, Para 0053-0054 and 0063-0065 - - utilizing HVAC models, sensor data, indoor/outdoor climate information, and user occupancy/location to control space temperature. Historical data is utilized to predict user occupancy of zones). Nikovski further teaches - generating the operating schedule of the HVAC system using the second location data that indicates the activity external to the property (C4 L11-22).
Claim 26. Nikovski further teaches - The method of claim 12, wherein selecting the first schedule type comprises selecting, from the plurality of schedule types that includes at least an energy conservation schedule type and a comfort schedule type, the first schedule type (C4 L11-22).
Claim(s) 2-8, 10-11, and 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hanna et al., US Patent Application Publication No. 2014/0365017 (hereinafter Hanna) in view of Steinberg et al., US Patent Application Publication No. 2010/0318227 (hereinafter Steinberg) in view of Nikovski et al., US Patent No. 8,412,381 (hereinafter Nikovski).
Regarding independent claim 2, the combination of Hanna, Steinberg and Nikovski teaches all the claimed limitations, as outlined below:
Claim 2. Hanna teaches a monitoring system that is configured to monitor a property, the monitoring system comprising: one or more computers and one or more storage devices on which are stored instructions that are operable, when executed by the one or more computers, to cause the one or more computers to perform operations comprising: maintaining, in memory, a heating, ventilation, and air conditioning (HVAC) performance model that estimates HVAC performance and that was generated using temperature sensor data generated by a temperature sensor and HVAC data that indicates past energy consumption of an HVAC system at the property accessing sensor data generated by a sensor, the sensor data indicating occupancy for a location within the property; predicting the location within the property using data for the sensor data; accessing at least one user preference that reflects a temperature preference for the property; generating, using the HVAC performance model, the sensor data, the location of the occupancy within the property, and the at least one user preference, an operating schedule for the HVAC system that identifies a plurality of time periods, and providing, to a thermostat that controls the HVAC system at the property, the operating schedule for the HVAC system (Para 0018-0030, Para 0053-0054 and 0063-0065 - - utilizing HVAC models, sensor data, indoor/outdoor climate information, and user occupancy/location to control space temperature. Historical data is utilized to predict user occupancy of zones).
Hanna fails to clearly specify identifying for a first time period from a plurality of time periods, a temperature setting for the first time period that is different than a second temperature setting for a second, different time period from the plurality of time periods.
However, Steinberg teaches identifying for a first time period from a plurality of time periods, a temperature setting for the first time period that is different than a second temperature setting for a second, different time period from the plurality of time periods (Para 0049 - - L1-15).
The applied prior art is considered analogous art to the claimed invention because they relate to same field of endeavor. They relate to systems for controlling HVAC system.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the above HVAC optimization system, as taught by Hanna, and incorporating the concept of assigning different temperature settings/setpoints to different time intervals, as taught by Steinberg (Para 0049 L1-15).
One of ordinary skill in the art would have been motivated to do this modification in order to optimize HVAC schedules, avoid comfort inaccuracies, and conserve energy, as suggested by Steinberg (Para 0047-0048).
The combination of Hanna and Steinberg fails to clearly specify computing, by the monitoring system and using activity data from more or more mobile devices, second location data that indicates activity external to the property; selecting a first schedule type using the HVAC performance model and the second location data that indicates the activity external to the property.
However, Nikovski teaches computing, by the monitoring system and using activity data from more or more mobile devices, second location data that indicates activity external to the property; selecting a first schedule type using the HVAC performance model and the second location data that indicates the activity external to the property (C2 L46-67 and C4 L11-22).
The applied prior art is considered analogous art to the claimed invention because they relate to same field of endeavor. They relate to hvac control systems,
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the above HVAC control system, as taught by Hanna, and incorporating the concept of utilizing data from an external source, as taught by Nikovski.
One of ordinary skill in the art would have been motivated to do this modification in order to save energy and assure comfort, as suggested by Nikovski (C$ L28-37).
Regarding dependent claims 3-8, 10-11, and 24-25, the combination of Hanna, Steinberg, and Nikovski teaches all the limitations of the base claim(s), as outlined above.
Claim 3. Hanna further teaches - The monitoring system of claim 2, wherein: the temperature sensor data comprises indoor temperature at the property; and maintaining the HVAC performance model comprises maintaining, in memory, the HVAC performance model that i) estimates HVAC performance for given indoor temperature sensor data and given outdoor temperature sensor data generated by an outdoor temperature sensor that indicates an outdoor temperature at the property, and ii) was generated using the indoor temperature sensor data, the outdoor temperature sensor data, and the HVAC data (Para 0018-0030, Para 0053-0054 and 0063-0065 - - utilizing HVAC models, sensor data, indoor/outdoor climate information, and user occupancy/location to control space temperature. Historical data is utilized to predict user occupancy of zones).
Claim 4. Hanna further teaches - The monitoring system of claim 2, wherein the HVAC performance model is a linear model that approximates subsequent HVAC performance (Para 0018-0030, Para 0053-0054 and 0063-0065 - - utilizing HVAC models, sensor data, indoor/outdoor climate information, and user occupancy/location to control space temperature. Historical data is utilized to predict user occupancy of zones).
Claim 5. Hanna further teaches - The monitoring system of claim 2, the operations comprising determining the occupancy of the property using the sensor data and a location of the sensor within the property, the occupancy comprising one or more persons and one or more locations at the property, wherein; generating the operating schedule of the HVAC system comprises generating the operating schedule of the HVAC system using the HVAC performance model, the occupancy of the property, the location of the occupancy within the property, and the at least one user preference (Para 0018-0030, Para 0053-0054 and 0063-0065 - - utilizing HVAC models, sensor data, indoor/outdoor climate information, and user occupancy/location to control space temperature. Historical data is utilized to predict user occupancy of zones). Nikovski further teaches - generating the operating schedule of the HVAC system using the second location data that indicates the activity external to the property (C4 L11-22).
Claim 6. The monitoring system of claim 5, the operations comprising determining occupancy prediction data and occupancy location prediction data using historical sensor data and the location of the sensor, wherein: generating the operating schedule of the HVAC system comprises generating the operating schedule of the HVAC system using the HVAC performance model, the occupancy prediction data of the property, the occupancy location prediction data, and the at least one user preference (Para 0018-0030, Para 0053-0054 and 0063-0065 - - utilizing HVAC models, sensor data, indoor/outdoor climate information, and user occupancy/location to control space temperature. Historical data is utilized to predict user occupancy of zones). Nikovski further teaches - generating the operating schedule of the HVAC system using the second location data that indicates the activity external to the property (C4 L11-22).
Claim 7. Hanna further teaches - The monitoring system of claim 6, the operations comprising changing an energy efficiency of the operating schedule of the HVAC system using the occupancy prediction data of the property that indicates a confidence that the property will be occupied during performance of the operating schedule of the HVAC system (Para 0018-0030, Para 0053-0054 and 0063-0065 - - utilizing HVAC models, sensor data, indoor/outdoor climate information, and user occupancy/location to control space temperature. Historical data is utilized to predict user occupancy of zones).
Claim 8. The monitoring system of claim 2, the operations comprising accessing energy tariff rate data that is based on an energy cost during one or more periods of time during a day, wherein: generating the operating schedule of the HVAC system comprises generating the operating schedule of the HVAC system using the HVAC performance model, the sensor data, the location of the occupancy within the property, the at least one user preference, and the energy cost during one or more periods of time during a day (Para 0018-0030, Para 0053-0054 and 0063-0065 - - utilizing HVAC models, sensor data, indoor/outdoor climate information, and user occupancy/location to control space temperature. Historical data is utilized to predict user occupancy of zones). Nikovski further teaches - generating the operating schedule of the HVAC system using the second location data that indicates the activity external to the property (C4 L11-22).
Claim 10. The monitoring system of claim 2, the operations comprising accessing weather data associated with a location of the property, wherein: generating the operating schedule of the HVAC system comprises generating the operating schedule of the HVAC system using the HVAC performance model, the sensor data, the location of the occupancy within the property. the at least one user preference, and the weather data (Para 0018-0030, Para 0053-0054 and 0063-0065 - - utilizing HVAC models, sensor data, indoor/outdoor climate information, and user occupancy/location to control space temperature. Historical data is utilized to predict user occupancy of zones). Nikovski further teaches - generating the operating schedule of the HVAC system using the second location data that indicates the activity external to the property (C4 L11-22).
Claim 11. The monitoring system of claim 2, the operations comprising accessing an energy tariff rate for the property; and accessing weather data associated with a location of the property, wherein: generating the operating schedule of the HVAC system comprises generating the operating schedule of the HVAC system using the HVAC performance model, the sensor data, the location of the occupancy within the property, the at least one user preference, the energy tariff rate, and the weather data (Para 0018-0030, Para 0053-0054 and 0063-0065 - - utilizing HVAC models, sensor data, indoor/outdoor climate information, and user occupancy/location to control space temperature. Historical data is utilized to predict user occupancy of zones). Nikovski further teaches - generating the operating schedule of the HVAC system using the second location data that indicates the activity external to the property (C4 L11-22).
Claim 24. Hanna further teaches - The system of claim 2, wherein generating, using the HVAC performance model,
the sensor data, the location of the occupancy within the property, and the at least one user
preference, the operating schedule for the HVAC system comprises: determining one or more electronic devices separate form the HVAC system within the property that contribute to a load at the property (PARA 0030 and PARA 0063 - the HVAC equipment and subsystem/peripheral equipment to be controlled may include many components such as: furnace, boiler, zone controllers, valves, heat pumps, etc. PARA 0038 – The application 218 allows, for said HVAC equipment, programming of multiple temperature settings throughout duration of time, such as hour, day, month, and/or year. This programming corresponds to schedules for a plurality of time periods and corresponding environmental parameter settings);
determining one or more time periods a) for the operating schedule and b) in which the one or more electronic devices are controlled to reduce the load at the property; and using the HVAC performance model, the sensor data, the location of the occupancy within the property, the at least one user preference, and the one or more time periods to generate a second operating schedule for control of the HVAC system and the peripheral equipment during the one or more time periods (PARA 0019 - The HVAC system described in Hanna utilizes programmed setpoints and time intervals in which to implement said setpoint. Different control scenarios are considered when controlling multiple subsystem of an HVAC system. PARA 0029 - The base station contains software for monitoring and controlling said subsystems. PARA 0030 and PARA 0063 - the HVAC equipment and subsystem to be controlled may include many components such as: furnace, boiler, zone controllers, heat pump, valves, etc. PARA 0038 – The application 218 allows, for said HVAC equipment, programming of multiple temperature settings throughout duration of time, such as hour, day, month, and/or year. This programming corresponds to schedules for a plurality of time periods and corresponding environmental parameter settings. PARA 0041 and PARA 0063 – The software of the base station applies rules to operate each HVAC equipment and subsystem according to their settings. PARA 0043 - - control signals include instructions to operate each of the subsystems according to their own setpoint and rules/ “operating schedule”. It is known that in a complex system (an HVAC system), subsystems are “activated”/ “programmed to trigger” at different stages or moments in time requiring operating sub-schedules with one or more time periods).
Nikovski further teaches - the second location data that indicates the activity external to the property (C4 L11-22).
Claim 25. Hanna further teaches - The system of claim 24, wherein: providing the operating schedule to the thermostat uses the second operating schedule (operating schedule for the subsystems), comprising: sending, to a device and using the second operating schedule, instructions to cause the device to control the peripheral equipment according to the second operating schedule (PARA 0019 - The HVAC system described in Hanna utilizes programmed setpoints and time intervals in which to implement said setpoint. Different control scenarios are considered when controlling multiple subsystem of an HVAC system. PARA 0029 - The base station contains software for monitoring and controlling said subsystems. PARA 0030 and PARA 0063 - the HVAC equipment and subsystem to be controlled may include many components such as: furnace, boiler, zone controllers, heat pumps, valves, etc. PARA 0038 – The application 218 allows, for said HVAC equipment, programming of multiple temperature settings throughout duration of time, such as hour, day, month, and/or year. This programming corresponds to schedules for a plurality of time periods and corresponding environmental parameter settings. PARA 0041 and PARA 0063 – The software of the base station applies rules to operate each HVAC equipment and subsystem according to their settings. PARA 0043 - - control signals include instructions to operate each of the subsystems according to their own setpoint and rules/ “operating schedule”. It is known that in a complex system (an HVAC system), subsystems are “activated”/ “programmed to trigger” at different stages or moments in time requiring operating sub-schedules with one or more time periods).
Claim(s) 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hanna et al., US Patent Application Publication No. 2014/0365017 (hereinafter Hanna) in view of Steinberg et al., US Patent Application Publication No. 2010/0318227 (hereinafter Steinberg).
Regarding claims 22-23, the combination of Hanna and Steinberg teaches all the claimed limitations, as outlined below:
Claim 22. Hanna teaches one or more non-transitory computer storage media encoded with instructions that, when executed by one or more computers, cause the one or more computers to perform operations comprising: maintaining, by a monitoring system and in memory, a heating, ventilation, and air conditioning (HVAC) performance model that estimates HVAC performance and that was generated using temperature sensor data generated by a temperature sensor and HVAC data that indicates past energy consumption of a HVAC system at the property; accessing, by the monitoring system, sensor data indicating occupancy for a location within the property; predicting, by the monitoring system, the location within the property using data for the sensor data; accessing, by the monitoring system, at least one user preference that reflects a temperature preference for the property;
selecting, from a plurality of schedule types, a first schedule type; using the HVAC performance model, the sensor data, the location of the occupancy within the property, and the at least one user preference that reflects a temperature preference for the property,
generating, by the monitoring system and using the HVAC performance model, the sensor data, the location of the occupancy within the property, and the at least one user preference, an operating schedule for the HVAC system that identifies a plurality of time periods and, for at least some time period, temperature setting data for a corresponding first time period;
and providing, by the monitoring system and to a thermostat that controls the HVAC system at the property, the operating schedule for the HVAC system (Para 0018-0030, Para 0053-0054 and 0063-0065 - - utilizing HVAC models, sensor data, indoor/outdoor climate information, and user occupancy/location to control space temperature. Historical data is utilized to predict user occupancy of zones).
Hanna fails to clearly specify temperature setting data for a corresponding first time period that is different than other temperatures setting data for another time period.
However, Steinberg teaches temperature setting data for a corresponding first time period that is different than other temperatures setting data for another time period (Para 0049 - - L1-15).
The applied prior art is considered analogous art to the claimed invention because they relate to same field of endeavor. They relate to systems for controlling HVAC system.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the above HVAC optimization system, as taught by Hanna, and incorporating the concept of assigning different temperature settings/setpoints to different time intervals, as taught by Steinberg (Para 0049 L1-15).
One of ordinary skill in the art would have been motivated to do this modification in order to optimize HVAC schedules, avoid comfort inaccuracies, and conserve energy, as suggested by Steinberg (Para 0047-0048).
Claim 23. Hanna further teaches the computer storage media of claim 22, the operations comprising: determining an occupancy of the property using the sensor data and a location of a sensor within the property, the occupancy comprising one or more persons and one or more locations at the property wherein: generating the operating schedule of the HVAC system comprises generating the operating schedule of the HVAC system using the HVAC performance model, the sensor data, the occupancy of the property, the location of the occupancy within the property, and the at least one user preference (Para 0018-0030, Para 0053-0054 and 0063-0065 - - utilizing HVAC models, sensor data, indoor/outdoor climate information, and user occupancy/location to control space temperature. Historical data is utilized to predict user occupancy of zones).
Claim(s) 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hanna et al., US Patent Application Publication No. 2014/0365017 (hereinafter Hanna) in view of Steinberg et al., US Patent Application Publication No. 2010/0318227 (hereinafter Steinberg) in view of Thind, US Patent Application Publication No. 2010/0235004 (hereinafter Thind).
Specifically, regarding dependent claims 24-25, the combination of Hanna, Steinberg and Nikovski teaches all the limitations of the base claim(s), as outlined above. Furthermore, it can be noted that since the specification of the Instant Application is not clear and specific regarding what is a peripheral equipment, multiple claim interpretations are possible. The broadest reasonable interpretation seems to be that a peripheral equipment is any devices within the property whose operation can have an impact on the HVAC load. However, due to said lack of clear and specific definition/scope of the term “peripheral equipment”, an alternate reference (Thind reference) has been applied. The Thind reference has been applied as a further teaching that vents could be considered as peripheral equipment and also controlled with separate schedules.
Regarding Claim 24, Hanna further teaches - The system of claim 2, wherein generating, using the HVAC performance model, the sensor data, the location of the occupancy within the property, and the at least one user preference, the operating schedule for the HVAC system comprises: determining one or more electronic devices separate form the HVAC system and within the property that contributes to a load at the property (PARA 0030 and PARA 0063 - the HVAC equipment and subsystem/peripheral equipment to be controlled may include many components such as: furnace, boiler, zone controllers, valves, heat pumps, etc. PARA 0038 – The application 218 allows, for said HVAC equipment, programming of multiple temperature settings throughout duration of time, such as hour, day, month, and/or year. This programming corresponds to schedules for a plurality of time periods and corresponding environmental parameter settings);
determining one or more time periods a) for the operating schedule and b) in which the one or more electronic devices are controlled to reduce the load at the property; and using the HVAC performance model, the sensor data, the location of the occupancy within the property, the at least one user preference, and the one or more time periods to generate a second operating schedule for control of the HVAC system and the one or more electronic devices during the one or more time periods (PARA 0019 - The HVAC system described in Hanna utilizes programmed setpoints and time intervals in which to implement said setpoint. Different control scenarios are considered when controlling multiple subsystem of an HVAC system. PARA 0029 - The base station contains software for monitoring and controlling said subsystems. PARA 0030 and PARA 0063 - the HVAC equipment and subsystem to be controlled may include many components such as: furnace, boiler, zone controllers, valves, heat pumps, etc. PARA 0038 – The application 218 allows, for said HVAC equipment, programming of multiple temperature settings throughout duration of time, such as hour, day, month, and/or year. This programming corresponds to schedules for a plurality of time periods and corresponding environmental parameter settings. PARA 0041 and PARA 0063 – The software of the base station applies rules to operate each HVAC equipment and subsystem according to their settings. PARA 0043 - - control signals include instructions to operate each of the subsystems according to their own setpoint and rules/ “operating schedule”. It is known that in a complex system (an HVAC system), subsystems are “activated”/ “programmed to trigger” at different stages or moments in time requiring operating sub-schedules with one or more time periods).
Nikovski further teaches - the second location data that indicates the activity external to the property (C4 L11-22).
The combination of Hanna, Steinberg and Nikovski fails to clearly specify that the second operating schedule is for peripheral equipment that are not actively operating to enable the generation of hot air or cool air.
However, Thind teaches operating peripheral devices that are not actively operating to enable the generation of hot air or cool air (considered as vents) according to their own second operating schedule (taking into consideration the operating times of the vents when the overall system is in the vacation mode) (Para 0061-0062).
The applied prior art is considered analogous art to the claimed invention because they relate to same field of endeavor. They relate to systems for controlling HVAC system.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the above HVAC optimization system, as taught by the combination Hanna and Steinberg, and incorporating the scheme of operating mechanical mechanism that indirectly/directly alter/assist the process of conditioning of spaces, as taught by Thind (Para 0058, and 0061-0062).
One of ordinary skill in the art would have been motivated to do this modification in order to provide improve comfort and reduce cost by minimizing energy consumption by avoiding conditioning of unoccupied spaces, as suggested by Thind (Para 0058).
Regarding Claim 25, Thind further teaches - The system of claim 24, wherein: providing the operating schedule to the thermostat uses the second operating schedule (operating schedule for the subsystems), comprising: sending, to a device and using the second operating schedule, instructions to cause the device to control the peripheral equipment according to the second operating schedule (PARA 0019 - The HVAC system described in Hanna utilizes programmed setpoints and time intervals in which to implement said setpoint. Different control scenarios are considered when controlling multiple subsystem of an HVAC system. PARA 0029 - The base station contains software for monitoring and controlling said subsystems. PARA 0030 and PARA 0063 - the HVAC equipment and subsystem to be controlled may include many components such as: furnace, boiler, zone controllers, valves, heat pumps, etc. PARA 0038 – The application 218 allows, for said HVAC equipment, programming of multiple temperature settings throughout duration of time, such as hour, day, month, and/or year. This programming corresponds to schedules for a plurality of time periods and corresponding environmental parameter settings. PARA 0041 and PARA 0063 – The software of the base station applies rules to operate each HVAC equipment and subsystem according to their settings. PARA 0043 - - control signals include instructions to operate each of the subsystems according to their own setpoint and rules/ “operating schedule”. It is known that in a complex system (an HVAC system), subsystems are “activated”/ “programmed to trigger” at different stages or moments in time requiring operating sub-schedules with one or more time periods).
Citation of Pertinent Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Chakraborty, Nilotpal, Arijit Mondal, and Samrat Mondal. "Multiobjective optimal scheduling framework for HVAC devices in energy-efficient buildings." IEEE Systems Journal 13.4 (2019): 4398-4409 – relates to optimal scheduling and control of HVAC equipment.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/CARLOS R ORTIZ RODRIGUEZ/ Primary Examiner, Art Unit 2119