DETAILED ACTION
Remarks
Applicant presents a request for continued examination filed 14 November 2025 responsive to the 15 August 2025 final Office action (the “Previous Action”).
With the communication, Applicant amends claims 1, 7, 10-17 and 21-23.
Claims 1-2, 4-17 and 21-24 are pending. Claims 1 and 11 are the independent claims.
Any unpersuasive arguments are addressed in the “Response to Arguments” section below.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 14 November 2025 has been entered.
37 C.F.R. § 1.121
Applicant’s amended claim listing is not compliant with 37 C.F.R. § 1.121(c), which requires that all added subject matter be shown via underlining (not bracketing) and all deleted subject matter be shown via strike-through or double bracketing. Specifically claim 1 includes “[;]” added at p. 5 lines 11 and 17 without any underlining.
The claims are nonetheless examined in the interests of compact prosecution
For the purposes of examination, each “[;]” added in claim 1 will be interpreted as an added semicolon only.
Examiner Notes
Examiner cites particular columns, paragraphs, figures and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
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.
Response to Arguments
Applicant’s arguments with respect to claim 1 that the cited references do not individually or collectively teach or suggest subject matter. (Remarks, p. 18 par. 3).
To the extent this subject matter is actually claimed, examiner respectfully disagrees for the reasons set forth in the rejections below.
Note too that while Applicant purports to address the combination of references, Applicant only addresses each reference individually. (See, e.g., Remarks, at p. 16 last par. – p. 18 par. 2). For example, Applicant argues that Rosen does not disclose multi-zone control (Remarks, p. 17 par. 4) but ignores the fact that multi-zone set points are taught by other references cited in the combination. (E.g., Barrett at par. [0007], Nichols a par. [0020]). One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). It would have been obvious to combine the references and arrive at what is claimed for the reasons set forth below.
Applicant also argues with respect to claim 1 that certain references do not disclose a “CCS hierarchy” (Remarks p. 16 last par., p. 17 par. 4) but examiner respectfully points claim 1 refers to no such hierarchy or hierarchical control. Those features appear in dependent claim 16, and are obvious for the reasons set forth in the rejection of that claim.
Applicant’s arguments with respect to the remaining claims by virtue of their dependence from claim 1, similarity with claim 1 or dependence from a similar claim are unpersuasive for the same reasons.
Specification
The title of the invention is not descriptive. The claimed invention is not directed to any occupancy delivery of services. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Controlling Air Quality in a Plurality of Zones of Building while Preventing Damage.
Claim Objections
Claims 1-2, 4-10 and 24 are objected to for the following informalities:
Claim 1 refers to “[a] configured air quality” at line 15, which appears to be a typographical error that should perhaps read -a configured air quality-.
Claims 2, 4-10 and 24 are objected to via dependence from claim 1.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 4-17 and 21-24 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
As to claim 1, the claim recites that “a target maintenance mode desired air quality for the zone is set based on: at least one of measure temperature…and…a measured humidity level.” There is insufficient support in the originally filed specification for these features. For example, the originally filed specification discloses that “when the temperature measured by the thermostat is at the desired target temperature set on the thermostat, the HVAC system is turned off.” (Specification at par. [0004]). The system of the original disclosure thus determines when the measured air quality reaches the set desired air quality. It does not set the desired air quality based on the measured air quality as claimed.
As to claims 2, 4-10 and 24, the claims are dependent on claim 1, do not cure the deficiencies of that claim and are rejected for the same reasons.
Further as to claim 6, the claim recites that the desired air quality includes “a desired air temperature based on at least one of the measured air temperature and humidity level in the zone.” This language lacks original support for reasons substantially the same as those set forth with respect to the setting of desired air quality in claim 1.
As to claim 11, the claim includes the same new matter as claim 1 and is rejected for the same reasons.
As to claims 12-17 and 21-23 the claims are dependent on claim 11, do not cure the deficiencies of that claim and are rejected for the same reasons.
Further as to claim 16, the claim refers to “operat[ing] in a layered sequence by selectively running at least one of a circulation fan, a humidity conditioning unit, or an HVAC operation depending on a detected environmental deviation severity.” There is insufficient antecedent basis in the originally filed specification for these features. Applicant points to paragraphs [0060], [0095], [0096] and [0100] as support but none of these paragraphs describes what is claimed.
Further as to claim 21, the claim refers to determining the configured air quality “as a desired air temperature based on at least one of the measured air temperature and optionally measured humidity level in the zone.” The specification discloses no configured air quality based on measured temperature or humidity.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4-17 and 21-24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to claim 1, the claim refers to “optionally” a measured humidity level at p. 5 ll. -3-4. It is not clear from this language what the claim requires. The “at least one” language already implies that the claim requires either a measured temperature or measured humidity level but not necessarily both. Each of the measured temperature and humidity is therefore already optional and it is accordingly unclear what additional limitation the word “optionally” is supposed to add to the claim. The specification is of no assistance, as it merely repeats the language of the claim. For the purposes of examination, the claim will be construed as requiring a maintenance mode air quality set based on either a measured temperature or measured humidity level in the zone, or both.
Further as to claim 1, the claim refers to “the environmental control system” at p. 5 lines 16-17. There is insufficient antecedent basis for this limitation in the claims and it is unclear to which previously recited element, if any, the claim is referring. For the purposes of examination, “the environmental control system” will be interpreted as -environmental control-.
Further still as to claim 1, the claim refers to “the central climate control system” at p. 5 line 21. There is insufficient antecedent basis for this limitation in the claims and it is unclear to which previously recited element, if any, the claim is referring. For the purposes of examination “the central climate control system” will be interpreted as -the air conditioning system-.
As to claims 2, 4-10 and 24, the claims are dependent on claim 1, do not cure the deficiencies of that claim and are rejected for the same reasons.
As to claim 11, the “at least one of a measured temperatures and optionally, a measured humidity level” language is indefinite for the same reasons as claim 1 and will be interpreted in substantially the same manner.
Further as to claim 11¸ the claim refers to “the environmental control” at p. 9 ll. Line 21. There is insufficient antecedent basis for this limitation in the claims and it is unclear to which previously recited element, if any, the claim is referring. For the purposes of examination, “the environmental control” will be interpreted as -environmental control-.
As to claims 12-17 and 21-23 the claims are dependent on claim 11, do not cure the deficiencies of that claim and are rejected for the same reasons.
Further as to claim 12¸ the claim refers to “the configured air quality”. There is insufficient antecedent basis for this limitation in the claims and it is unclear to which previously recited element, if any, the claim is referring. For the purposes of examination, “the configured air quality” will be interpreted as -a configured air quality-.
Further as to claim 13¸ the claim refers to “the configured air quality”. There is insufficient antecedent basis for this limitation in the claims and it is unclear to which previously recited element, if any, the claim is referring. For the purposes of examination, “the configured air quality” will be interpreted as -a configured air quality-.
Further as to claim 21¸ the claim refers to “the configured air quality”. There is insufficient antecedent basis for this limitation in the claims and it is unclear to which previously recited element, if any, the claim is referring. For the purposes of examination, “the configured air quality” will be interpreted as -a configured air quality-.
Claim Rejections - 35 USC § 103
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 1-2, 4-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Barrett et al. (US 2010/0163633) (art of record – hereinafter Barrett) in view of Nichols et al. (US2014/0358294) (art of record – hereinafter Nichols), Rosen (US 7,185,825) (art made of record – hereinafter Rosen), Riley et al. (US 5,395,042) (art of record – hereinafter Riley) and Otsuka et al. (US 4,635,445) (art of record – hereinafter Otsuka).
As to claim 1, Barrett discloses a computer implemented method for controlling air quality in a building comprising a plurality of zones (see below) wherein:
a desired air quality in a zone is configured with an occupied setting, when there is at least one occupant in the zone and a standby setting when there are no occupants in the zone (e.g., Barrett, par. [0085]: controller 133-146 controls the amount of conditioned air introduced into its region in order to meet the desired temperature [air quality]; par. [0115]: region occupancy information may be used to save energy by providing less than the usual amount of conditioned air [a standby or unoccupied setting] into a region [zone] that has not been occupied for some time [the usual amount of conditioned air being an occupied setting]; par. [0124]: the network accomplishes these goals in a number of ways, some of which are summarized in Table 1 [see table, it includes “Enabl[ing] setback when a room is unoccupied” (setback being by definition being a higher or lower setting), non-setback setting being the occupied setting])
an air conditioning system is configured to:
receive air through a first duct pipe network connected to a plurality of return vents located in the building, (e.g., Barrett, par. [0003]: conventional heating, ventilating and/or air conditioning (UVAC systems) air register vents; Fig. 1 and associated text, par. [0030]: HVAC vents may include a return vent; par. [0032]: each HVAC vent may be disposed in a corresponding location in a building; par. [0074], return registers 123, 126 and 129 and an associated return duct return air to the heating/cooling device 103)
condition the temperature of the incoming air received through the first duct pipe network; (e.g., Barrett, Fig. 1 and associated text, par. [0073]: a furnace, heat pump, cooler and/or other device or combination of devices 103 heats or cools air that is moved through the HVAC system [in a duct pipe network, see figure]. “[T]he air is referred to herein as being “conditioned”, regardless of how the air is treated, i.e., heated, cooled, etc.”) and
circulate the conditioned air to the plurality of zones through a second duct pipe network connected to an at least one register vent located in each of the plurality of zones; (e.g., Barrett, par. [0003]: a room or other portion “(for simplicity, collectively referred to as a ‘region’)” of a building; Fig. 1 and associated text, par. [0074]: conditioned air is carried by a series of ducts 110 to a plurality of HVAC vents, such as supply registers 113, 116, 120 and 128. One or more of the supply registers 113-120 and 128 may be in a given room. Each supply register may introduce conditioned air into its respective region)
turn on or off the flow of conditioned air in a zone based on the current air quality in the zone and [a] configured air quality for the zone; (e.g., Barrett, par. [0085]: controller 133-146 controls the amount of conditioned air introduced into its region in order to meet the desired temperature [air quality or part of it]; par. [0079]: each register controller determines how much conditioned air to allow in its region based on information collected by the controller. This information may include the current temperature [current air quality, or part of it] of the region, a desired temperature [configured air quality, or part of it] of the region. Based on the determination of the amount of conditioned air required, each register controller determines when to operate its respective damper and an extent to which the controllable damper should be opened or closed [opening the damper being turning on airflow, closing the damper being turning airflow off]; par. [0153]: the register controller 133-146 close the vanes when their respective regions reach the desired temperatures).
Barrett does not explicitly disclose: the desired air quality in a zone is configured with a maintenance setting when the zone becomes vacant and in response to transition to the maintenance setting a target maintenance mode desired air quality for the zone is set based on at least one of a measured temperature in the zone and optionally a measured humidity level in the zone; consuming less energy to maintain the desired air quality than for any of the occupied, standby, or unoccupied settings; whether the air conditioning system is heating or cooling; and preventing conditions that may damage the building or its contents, including but not limited to: preventing damage to furniture when the air conditioning system is set to cooling mode; and preventing frozen water pipes when the air condition system is set to heating mode; and when the building becomes vacant, the desired air quality in each of the plurality of zones is automatically configured with the maintenance setting wherein: all register events are closed, further causing the environmental control system to be turned off; and the central climate control system monitors the plurality of zones collectively and determines whether a condition in any zone is beyond its corresponding maintenance range; and when such a condition occurs, the central climate control system causes environmental control to be reactivated to prevent damage to the building or its contents.
However, in an analogous art, Nichols discloses:
the desired air quality in a zone is configured with a maintenance setting when the zone becomes vacant (e.g., Nichols, par. [0019]: HVAC controller(s) 18 may be a zone controller or may include multiple zone controllers each monitoring and/or controlling the comfort level within a particular zone in the building; par. [0030]: the illustrative HVAC controller may include a processor; par. [0034]: the processor may operate according to a first operating mode having a first temperature set point, as second mode having a second temperature set point, a third operating mode having a third temperatures set point, and/or the like; par. [0034], the third operating mode may correspond to a holiday or vacation mode wherein the building or structure in which the HVAC system 4 is located may be unoccupied) and in response to a transition to the maintenance setting a target maintenance mode desired air quality for the zone is set (see immediately below) based on:
at least one of a measured temperature in the zone and optionally a measured humidity level in the zone, (e.g., Nichols, par. [0019]: HVAC controller(s) 18 may be a zone controller or may include multiple zone controllers each monitoring and/or controlling the comfort level within a particular zone in the building; par. [0035]: operating parameters settings “(e.g., temperature set points, humidity set points, start and end times, etc.)” associated with each of the operating modes; par. [0012]: “a correction factor or offset” [i.e., a correction factor = offset]; par. [0046]: to determine a temperature correction factor based at least in part on an indoor temperature [measured temperature in the zone]; par. [0047]: a different humidity correction factor may be calculated for winter “(heating mode)” than for summer “(cooling mode)” using the following equations [see equations] wherein RHsensed is the sensed indoor humidity [measured humidity level]; par. [0035]: the processor 64 may apply the temperature offset to a temperature set point stored in the memory 72, which may result in a feels-like temperature set point. The processor 64 may be programmed to apply the temperature offset to a temperature set point stored in the memory 72 for each operating mode of the HVAC system “(e.g., home, away, sleep, vacation)”. The processor may be further programmed to control the HVAC system in a manner that attempts to drive the indoor temperature towards the feels-like temperature)
whether the air conditioning system is heating or cooling; (e.g., Nichols, par. [0047]: a different humidity correction factor may be calculated for winter “(heating mode)” than for summer “(cooling mode)”)
when the building becomes vacant, the desired air quality in each of the plurality of zones is automatically configured with the maintenance setting (e.g., Nichols, par. [0019]: HVAC controller(s) 18 may be a zone controller or may include multiple zone controllers each monitoring and/or controlling the comfort level within a particular zone in the building; par. [0030]: the illustrative HVAC controller may include a processor; par. [0034]: the processor may operate according to a first operating mode having a first temperature set point, as second mode having a second temperature set point, a third operating mode having a third temperatures set point, and/or the like; par. [0034], the third operating mode may correspond to a holiday or vacation mode wherein the building or structure in which the HVAC system 4 is located may be unoccupied) wherein
the central climate control system monitors the plurality of zones collectively (see above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the air quality control in each zone taught by Barret to include a maintenance setting automatically configured when the building becomes vacant such that in response to a transition to the maintenance setting, a target maintenance mode desired air quality for each zone is set based on measured humidity level in the zone and whether the air conditioning system is in heating or cooling, as taught by Nichols, as Nichols would provide the advantage of a means of maintaining the building at a comfortable setting even when the building is unoccupied when desired by a user. (See Nichols, par. [0035]).
Further, in an analogous art, Rosen discloses:
a target maintenance mode desired air quality is set based on:
consuming less energy to maintain the desired air quality than for any of the occupied, standby, or unoccupied settings; (e.g., Rosen, col. 1 ll. 54-61: the purpose of a vacation mode [maintenance mode] is to maintain the temperature [target desired air quality] of a conditioned space which will be unoccupied for a long period at a value which will substantially lower the cost of energy to heat/cool the conditioned space. The operation of programmable thermostats in the vacation mode is straightforward and well known; col. 2 ll. 13-17: operation of the space conditioning equipment may automatically be returned to a normal mode of operation [occupied setting] in anticipation of the return of the occupant(s), thus ensuring a comfortable temperature at that time)
preventing conditions that may damage the building or its contents, (e.g., Rosen, col. 1 ll. 54-59: the purpose of vacation mode is to maintain the temperature at a value which will lower the cost of energy but which ensures that the temperature will not fall into a range at which damage to the premises will occur) including but not limited to:
preventing damage to items in the space when the air conditioning system is set to cooling mode; (e.g., Rosen, col. 2 ll. 4-9: a user might select a temperature of, say, 90º F. or higher to effect savings in the cost of energy for cooling but not so high as to cause damage to items in the space) and
preventing frozen water pipes when the air conditioning system is set to heating mode; (e.g., Rosen, col. 1 l. 65- col. 2 l. 1: a heating temperature set point will be selected to be suitable, say 45º F., such that freezing of water pipes will not take place)
the maintenance setting wherein:
the central climate control system determines whether a condition in any zone is beyond its corresponding maintenance range (e.g., Nichols, col. 4 ll. 48-56: the temperature sensor 5 sends an electrical signal representative of the temperature within the conditioned space 4 which the processor can compare against a previously entered set point. For example, temperature in the conditioned space 4 is found to be too low when in the heating mode)
when such a condition occurs, the central climate control system causes environmental control to be reactivated to prevent damage to the building or its contents (e.g., Rosen, col. 4 ll. 54-65: If the temperature in the conditioned space 4 is found to be too low when in heating mode, the processor 1 signals the space conditioning equipment 3 to circulate air heated by the space conditioning equipment [reactivating environmental control]. The hearing phase continues until the sensor 5 indicates that the space is hot to cease the heating function, all as very well known in the art; col. 2 ll. 4-9: a user might select a temperature of, say, 90º F. or higher to effect savings in the cost of energy for cooling but not so high as to cause damage to items in the space; col. 1 ll. 19-23: when the temperature in the conditioned space reaches the set point [a condition is beyond its corresponding maintenance range], the thermostat interacts with the heating and/or cooling equipment to take suitable action to heat or cool the conditioned space [i.e., turn on the air conditioning system. Thus, since during vacation mode the system operates with a set point selected to prevent damage to the building or its contents and the system only turns on when that set point is reached, the system is only turned to prevent the damage]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the setting of a target maintenance mode desired air quality for each of multiple zones taught by Barret/Nichols, such that the target maintenance mode desired air quality is set based on consuming less energy to maintain the desired air quality than for any of the occupied, standby, or unoccupied settings and prevents damage to the building and its contents including preventing damage to items in the space when the air conditioning system is set to cooling mode and preventing frozen water pipes when the air conditioning system is set to heating mode; such that a central climate control system determines whether a condition in a zone us beyond its corresponding maintenance range and when such a condition occurs, the central climate control system causes environmental control to be reactivated to prevent the damage, as taught by Rosen, as Rosen would provide the advantage of a means of saving energy costs without causing damage to the building or its contents. (See Rosen, col. 1 ll. 54-60).
Further, in an analogous art, Riley discloses
items in the space can include furniture (e.g., Riley col. 2 ll. 13-15: “(furniture, equipment, wall and floor coverings, etc.) in the enclosed space)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the items in enclosed spaces such as rooms of Barret/Nichols/Rosen, such that those items include furniture, as doing so would provide a make the enclosed space suitable for living or working.
Finally, in an analogous art, Otsuka discloses:
all register vents are closed, further causing the environmental control system to be turned off (e.g., Otsuka, Fig. 2 and associated text, col. 7 ll. 36-38 a room temperature T0 established by the room thermostat 13 in each room and the current temperature T1 in each room: col. 7 ll. 47-50; if T1 is higher that (T0+t), it is determined that the damper 9 be brought in its full closed state; col. 15 ll. 16-19: when it happens that the degree of opening of all the dampers 9 is in their closure state, both air blower 5 and compressor 28 are temporarily turned off; col. 7 ll. 59-61: to open or close the damper 9 by rotation of the damper motor 34).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the register control and target maintenance mode desired air quality used in response to a transition to a maintenance setting taught by Barret/Nichols such that the closing of the register vents causes the air conditioning system to be turned off in response to establishing that target desired air quality, as suggested by Otsuka, as Otsuka would provide a means of turning off the air conditioning when no zone requires it, which would prevent wasted energy. Turning off the system after the vents are closed would also prevent pressure in the system from varying abnormally. (See Otsuka, col. 23 ll. 3-8).
As to claim 2, Barrett/Nichols/Rosen/Riley/Otsuka discloses the method of Claim 1 (see rejection of claim 1 above), Barrett further discloses:
wherein a zone may comprise an enclosed area such as an individual room or a collection of rooms or hallway or a portion of an open area (e.g., Barrett par. [0003]: a room or other portion “(for simplicity, collectively referred to as a ‘region’)” of a building).
As to claim 4, Barrett/Nichols/Rosen/Riley/Otsuka discloses the method of Claim 1 (see rejection of claim 1 above), Barrett further discloses wherein:
the air conditioning system is configured to heat at least one of the plurality of zones in the building; (e.g., Barrett, par. [0073]: a furnace, heat pump, cooler and/or other device or combination of devices 103 heats or cools air that is moved through the HVAC system. “[T]he air is referred to herein as being “conditioned”, regardless of how the air is treated, i.e., heated, cooled, etc.”)
the current air quality in the zone is the current air temperature in the zone and the configured air quality for the zone is a configured air temperature for the zone; (e.g., Barrett, par. [0079]: the current temperature [current air quality] of the region, a desired temperature [configured air quality] of the region)
the flow of air into the zone is turned on when the air temperature in the zone is less than the configured air temperature for the zone; (e.g., Barrett, Fig. 9 and associated text, par. [0154]: if the HVAC system is in a heating mode at 906 control passes to 910. If at 910 the room is not hot enough [not hotter than the target (e.g., less than the configured temperature), see figure], control passes to 920, where the register is opened an incremental amount [opening the register being turning on the flow of air into the zone]) and
the flow of air into the zone is turned off when the air temperature in the zone is greater than the configured air temperature for the zone (e.g., Barrett, Fig. 9 and associated text, par. [0154]: if the HVAC system is in a heating mode, control passes to 910. At 910, if the room is hotter [greater] than the target temperature, control passes to 923, at which the vanes of the register are closed an incremental amount [and see figure, the algorithm repeats after a delay, meaning the vent will eventually close completely if the temperature remains hotter than the target]).
As to claim 5, Barrett/Nichols/Rosen/Riley/Otsuka discloses the method of Claim 1 (see rejection of claim 1 above), Barrett further discloses wherein:
the air conditioning system is configured to cool at least one of the plurality of zones in the building; (e.g., Barrett, par. [0073]: a furnace, heat pump, cooler and/or other device or combination of devices 103 heats or cools air that is moved through the HVAC system. “[T]he air is referred to herein as being “conditioned”, regardless of how the air is treated, i.e., heated, cooled, etc.”)
the current air quality in the zone is the current air temperature in the zone and the configured air quality for the zone is a configured air temperature for the zone; (e.g., Barrett, par. [0079]: the current temperature [current air quality] of the region, a desired temperature [configured air quality] of the region)
the flow of air into the zone is turned on when the temperature in the zone is greater than the configured air temperature for the zone; (e.g., Barrett, par. [0154]: if the HVAC system is operating in heating mode, control passes to 910, otherwise control passes to 913; par. [0155]: if the HVAC system is operating in cooling mode, at 913 the comparison between the current room temperature [temperature in the zone] and the desired room temperature [configured air temperature, and see figure, the vent will open if the room is hotter than (greater than) the target]) and
the flow of air into the zone is turned off when the temperature in the zone is less than the configured air temperature for the zone (e.g., Barrett, par. [0154]: if the HVAC system is operating in heating mode, control passes to 910, otherwise control passes to 913; par. [0155]: if the HVAC system is operating in cooling mode, at 913 the comparison between the current room temperature [temperature in the zone] and the desired room temperature [configured air temperature, and see figure, the vent will close (eventually completely) if the room remains not hotter than (e.g., less than) the target]).
As to claim 6, Barrett/Nichols/Rosen/Riley/Otsuka discloses the method of Claim 1 (see rejection of claim 1 above), but Barrett does not explicitly disclose wherein the current air quality in a zone includes a measured air temperature and humidity level in the zone and the desired air quality in a zone includes a desired air temperature based on at least one of the measured air temperature and humidity level in the zone
However, in an analogous art, Nichols discloses:
wherein the current air quality in a zone includes a measured air temperature and humidity level in the zone (e.g., Nichols, par. [0019]: HVAC controller(s) 18 may be a zone controller or may include multiple zone controllers each monitoring and/or controlling the comfort level within a particular zone in the building; par. [0044]: the processor 64 may include a feels-like temperature conversion module 102, which may be configured to receive at least measure related to an indoor temperature, and a measure related to indoor humidity) and desired air quality in a zone includes a desired temperature based on at least one of the measured air temperature and humidity level in the zone (e.g., Nichols, par. [0044]: the feels-like temperature conversion module 102 may determine a correction factor, which may be a function of the indoor temperature, the indoor humidity. The correction factor may be applied to the dry bulb temperature to convert the dry bulb temperature to a feels-like temperature; par. [0057]: the HVAC controller 18 may maintain the temperature within the space along a same PMV line “(feels-like temperature)” that was initially indicated by the user’s specified temperature set point)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the current and desired air quality in a zone taught by Barrett such that the current air quality includes a measured air temperature and humidity level in the zone and the desired air quality in the zone includes a desired air temperature based on the measured air temperature or humidity level in the zone, as taught by Nichols, as Nichols would provide the advantage of a means of increasing a user’s comfort level. (See Nichols, par. [0002]).
As to claim 7, Barrett/Nichols/Rosen/Riley/Otsuka discloses the method of Claim 1 (see rejection of claim 1 above), Barret further discloses reactivation of environmental control includes selectively reactivating conditioning only for zones exhibiting conditions beyond thresholds (e.g., Barrett, par. [0153]: the heating device 103 shuts off when the HVAC thermostat is satisfied. By that time, the regions supplied by the registers 113-120 should have reached their target temperatures [thresholds] and register controllers 133-120 should have closed their adjustable dampers; par. [0154]: If the HVAC system is in hearting mode, at 906 control passes to 910. At 910, if the room is hotter than the target temperature [threshold] for the room, control passes to 923. If at 910 the room is not hot enough, control passes to 920, where the register is opened an incremental amount. After a delay 926 to allow the room temperature to change in response to the increased airflow resulting from the opening 920 of the register control returns to 900)
Barrett does not explicitly disclose maintenance thresholds.
However, in an analogous art, Nichols discloses:
maintenance thresholds; (e.g., Nichols, par. [0019]: HVAC controller(s) 18 may be a zone controller or may include multiple zone controllers each monitoring and/or controlling the comfort level within a particular zone in the building; par. [0030]: the illustrative HVAC controller may include a processor; par. [0034]: the processor may operate according to a first operating mode having a first temperature set point, as second mode having a second temperature set point, a third operating mode having a third temperatures set point, and/or the like; par. [0034], the third operating mode [maintenance mode] may correspond to a holiday or vacation mode wherein the building or structure in which the HVAC system 4 is located may be unoccupied; par. [0057]: a user may specify a set point Tsetd [threshold, multiple at least because there are multiple controllers] on the user interface 68 of the HVAC controller; par. [0058]: to drive the feels-like temperature toward to the user specified temperature set point Tsetd until the feels-like temperature converges on the user-specified temperatures set point Tsetd).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thresholds taught by Barrett such that they include maintenance thresholds for when zones become vacant, as taught by Nichols, as Nichols would provide the advantage of a means of maintaining the building at a desired setting when the building is unoccupied. (See Nichols, par. [0035]).
As to claim 8, Barrett/Nichols/Rosen/Riley/Otsuka discloses the method of Claim 1 (see rejection of claim 1 above), Barrett further discloses:
wherein the flow of conditioned air to a zone may be turned on or off by opening or closing the at least one register vent in the zone (e.g., Barrett, Fig. 1 and associated text par. [0071]: the register may have two states “(such as partially or fully closed and partially or fully open)” or may be step-wise or continuously variable between states [and see figure, if register vents 113, 116, 120 and 128 are closed, no conditioned air flows out of them into the zone in which they are located. The opposite is true if they are opened]).
As to claim 10, Barrett/Nichols/Rosen/Riley/Otsuka discloses the method of Claim 1 (see rejection of claim 1 above), Barrett further discloses:
wherein obtaining air for re-circulation comprises obtaining air from at least one of re-circulated air within the building, air from a recently unoccupied zone, outside air, and air from a basement of the building (e.g., Barrett, Fig. 1 and associated text, par. [0074]: return registers 123, 125, and 129 and associated return duct 130 return air to the heating/cooling device 103 [where it is then recirculated through duct 110, see figure]; par. [0076]: one or more return registers includes a register controller that controls the amount of air allowed to be drawn from its respective region; par. [0003]: a room or other portion “(for simplicity, collectively referred to herein as a ‘region’)” of a building).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Barrett (US 2010/0163633) in view of Nichols (US2014/0358294) in view of Rosen (US 7,185,825) in view of Riley (US 5,395,042) in view of Otsuka (US 4,635,445) in further view of Bash et al. (US 7,568,360) (art of record – hereinafter Bash).
As to claim 9, Barrett/Nichols/Rosen/Riley/Otsuka discloses the method of Claim 1 (see rejection of claim 1 above), but does not explicitly disclose wherein the return vents have an integrated fan which may be turned on to assist with the re-circulation of air.
However, in an analogous art, Bash discloses:
wherein the return vents have an integrated fan which may be turned on to assist with the re-circulation of air (e.g., Bash, Fig. 1b and associated text, col. 7 ll. 48-50: room 100 includes a ceiling 152 configured to provide a space 154 or plenum for the heated airflow 126 to be returned to the AC unit 114a [and re-circulated, see figure]; col. 8 ll. 4-6: secondary vent tiles 130d and 130e [return vents] are depicted as directing airflow from the room 100 into the space 154; col. 5 ll. 52-55: secondary vent tiles 130a-130n may each include controllable fans 136 [necessarily may be turned on]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the return vents of Barrett by incorporating an integrated fan, as taught by Bash, as Bash would provide the advantage of a means of reducing the energy required to condition the zone. (See Bash, col. 5 ll. 45-50, col. 2 ll. 27-43).
Claims 11-15 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Barrett (US 2010/0163633) in view of Nichols (US 2014/0358294) and Rosen (US 7,185,825).
As to claim 11, Barrett discloses a climate control system (CCS) for controlling air quality in a building comprising a plurality of zones, (see below) the system comprising:
a plurality of sensors including at least one temperature sensor in each of the one or more zones, and optionally including occupancy and humidity sensors; (e.g., Barrett, par. [0074] one or more of the supply registers 113-120 may be in a given room; par. [0019]: each intelligent controlled register may include a temperature sensor)
a first duct pipe network connected to a plurality of return vents located in the building and configured to receive air from the plurality of zones; (e.g., Barrett, par. [0003]: conventional heating, ventilating and/or air conditioning (UVAC systems) air register vents; Fig. 1 and associated text, par. [0030]: HVAC vents may include a return vent; par. [0032]: each HVAC vent may be disposed in a corresponding location in a building; par. [0074], return registers 123, 126 and 129 and an associated return duct return air to the heating/cooling device 103; par. [0079]: each register controller determines how much return air to allow to be withdrawn from its region)
a second duct pipe network connected to at least one register vent located in each of the plurality of zones and configured to deliver conditioned air to the zones;; (e.g., Barrett, par. [0003]: a room or other portion “(for simplicity, collectively referred to as a ‘region’)”; Fig. 1 and associated text, par. [0074]: conditioned air is carried by a series of ducts 110 to a plurality of HVAC vents, such as supply registers 113, 116, 120 and 128. One or more of the supply registers 113-120 and 128 may be in a given room. Each supply register may introduce conditioned air into its respective region)
a processor and a memory operatively coupled to the sensors and duct networks, the processor being configured (e.g., Barrett, par. [0145]: control of the HVAC system is distributed among at least the register controllers; par. [0098]: the controller 613 may be implemented with a processor 602 executing instructions stored in a memory 622) to:
condition air received through the first duct pipe network and circulate the conditioned air through the second duct pipe network; (e.g., Barrett, Fig. 1 and associated text, par. [0073]: a furnace, heat pump, cooler and/or other device or combination of devices 103 heats or cools air that is moved through the HVAC system. “[T]he air is referred to herein as being “conditioned”, regardless of how the air is treated, i.e., heated, cooled, etc.”; par. [0074], return registers 123, 126 and 129 and an associated return duct return air to the heating/cooling device 103)
control the flow of conditioned air to each zone based on the current air quality and a configured desired air quality for that zone; (e.g., Barrett, par. [0085]: controller 133-146 controls the amount of conditioned air introduced into its region in order to meet the desired temperature [air quality or part of it]; par. [0079]: each register controller determines how much conditioned air to allow in its region based on information collected by the controller. This information may include the current temperature [current air quality, or part of it] of the region, a desired temperature [configured air quality, or part of it] of the region.).
establish a desired air quality in a zone with an occupied setting when there is at least one occupant in the zone and a standby or occupied setting when there are no occupants in the zone; (e.g., Barrett, par. [0085]: controller 133-146 controls the amount of conditioned air introduced into its region in order to meet the desired temperature [air quality]; par. [0115]: region occupancy information may be used to save energy by providing less than the usual amount of conditioned air [a standby or unoccupied setting] into a region [zone] that has not been occupied for some time [the usual amount of conditioned air being an occupied setting]; par. [0124]: the network accomplishes these goals in a number of ways, some of which are summarized in Table 1 [see table, it includes “Enabl[ing] setback when a room is unoccupied” (setback being by definition being a higher or lower setting), non-setback setting being the occupied setting])
Barrett does not explicitly disclose to: establish a maintenance setting for a zone when the zone becomes vacant and, in response to the transition to the maintenance setting, set a target maintenance-mode desired air quality based on at least one of a measured temperature and optionally, a measured humidity level in the zone, consuming less energy than in any occupied, standby or unoccupied setting, while preventing conditions that may damage the building or its contents; and configure each of the plurality of zones with a maintenance setting when the building becomes vacant, close all register vents, turn off the environmental control, monitor all zones collectively, and cause the environmental control to reactivate when a condition in any zone deviates beyond its corresponding maintenance range to prevent damage to the building, its contents, or the HVAC system.
However, in analogous art, Nichols discloses to:
establish a maintenance setting for a zone when the zone becomes vacant (e.g., Nichols, par. [0019]: HVAC controller(s) 18 may be a zone controller or may include multiple zone controllers each monitoring and/or controlling the comfort level within a particular zone in the building; par. [0030]: the illustrative HVAC controller may include a processor; par. [0034]: the processor may operate according to a first operating mode having a first temperature set point, as second mode having a second temperature set point, a third operating mode having a third temperatures set point, and/or the like; par. [0034], the third operating mode may correspond to a holiday or vacation mode wherein the building or structure in which the HVAC system 4 is located may be unoccupied) and, in response to the transition to the maintenance setting, set a target maintenance-mode desired air quality based on at least one of a measured temperature and optionally, a measured humidity level in the zone, (e.g., Nichols, par. [0019]: HVAC controller(s) 18 may be a zone controller or may include multiple zone controllers each monitoring and/or controlling the comfort level within a particular zone in the building; par. [0035]: operating parameters settings “(e.g., temperature set points, humidity set points, start and end times, etc.)” associated with each of the operating modes; par. [0012]: “a correction factor or offset” [i.e., a correction factor = offset]; par. [0046]: to determine a temperature correction factor based at least in part on an indoor temperature [measured temperature in the zone]; par. [0047]: a different humidity correction factor may be calculated for winter “(heating mode)” than for summer “(cooling mode)” using the following equations [see equations] wherein RHsensed is the sensed indoor humidity [measured humidity level]; par. [0035]: the processor 64 may apply the temperature offset to a temperature set point stored in the memory 72, which may result in a feels-like temperature set point. The processor 64 may be programmed to apply the temperature offset to a temperature set point stored in the memory 72 for each operating mode of the HVAC system “(e.g., home, away, sleep, vacation)”. The processor may be further programmed to control the HVAC system in a manner that attempts to drive the indoor temperature towards the feels-like temperature)
configure each of the plurality of zones with a maintenance setting when the building becomes vacant, (e.g., Nichols, par. [0019]: HVAC controller(s) 18 may be a zone controller or may include multiple zone controllers each monitoring and/or controlling the comfort level within a particular zone in the building; par. [0030]: the illustrative HVAC controller may include a processor; par. [0034]: the processor may operate according to a first operating mode having a first temperature set point, as second mode having a second temperature set point, a third operating mode having a third temperatures set point, and/or the like; par. [0034], the third operating mode may correspond to a holiday or vacation mode wherein the building or structure in which the HVAC system 4 is located may be unoccupied) close all register vents, (e.g., Nichols, par. [0021]: the one or more HVAC controller(s) 18 may actuate dampers 24 to a closed position) monitor all zones collectively, (e.g., Nichols, par. [0019]: HVAC controller(s) 18 may be a zone controller or may include multiple zone controllers each monitoring and/or controlling the comfort level within a particular zone in the building).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the air quality control in each zone taught by Barret to include establishing a maintenance setting for a zone when the zone becomes vacant, and in response to the transition to the maintenance setting, setting a target maintenance-mode desired air quality based on at least one of a measured temperature and optionally, a measured humidity level in the zone, configuring each of the plurality of zones with a maintenance setting when the building becomes vacant, closing all register vents, monitoring all zones collectively, as taught by Nichols, as Nichols would provide the advantage of a means of maintaining the building at a comfortable setting even when the building is unoccupied, when desired by a user. (See Nichols, par. [0035]).
Further, in an analogous art, Rosen discloses to:
set a target maintenance-mode based on consuming less energy than in any occupied, standby or unoccupied setting, (e.g., Rosen, col. 1 ll. 54-61: the purpose of a vacation mode [maintenance mode] is to maintain the temperature [target desired air quality] of a conditioned space which will be unoccupied for a long period at a value which will substantially lower the cost of energy to heat/cool the conditioned space. The operation of programmable thermostats in the vacation mode is straightforward and well known; col. 2 ll. 13-17: operation of the space conditioning equipment may automatically be returned to a normal mode of operation [occupied setting] in anticipation of the return of the occupant(s), thus ensuring a comfortable temperature at that time) while preventing conditions that may damage the building or its contents; (e.g., Rosen, col. 1 ll. 54-59: the purpose of vacation mode is to maintain the temperature at a value which will lower the cost of energy but which ensures that the temperature will not fall into a range at which damage to the premises will occur) and
turn off the environmental control, and cause the environmental control to reactivate when a condition in any zone deviates beyond its corresponding maintenance range to prevent damage to the building, its contents, or the HVAC system (e.g., Rosen, col. 1 l. 65- col. 2 l. 1: a heating temperature set point will be selected to be suitable, say 45º F., such that freezing of water pipes will not take place; col. 4 ll. 54-65: If the temperature in the conditioned space 4 is found to be too low when in heating mode, the processor 1 signals the space conditioning equipment 3 to circulate air heated by the space conditioning equipment [reactivating environmental control]. The hearing phase continues until the sensor 5 indicates that the space is too hot with reference to the current set point such that the processor sends signals(s) to cease the heating function, [turn off the environmental control] all as very well known in the art).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the setting of a target maintenance mode desired air quality for each of multiple zones taught by Barret/Nichols, to include setting the target maintenance-mode based on consuming less energy than in any occupied, standby or unoccupied setting, while preventing conditions that may damage the building or its contents and turn off the environmental control, and causing the environmental control to reactivate when a condition in any zone deviates beyond its corresponding maintenance range to prevent damage to the building, its contents, or the HVAC system, as taught by Rosen, as Rosen would provide the advantage of a means of saving energy costs without causing damage to the building or its contents. (See Rosen, col. 1 ll. 54-60).
As to claim 12, Barrett/Nichols/Rosen discloses the system as recited in Claim 11 (see rejection of claim 11 above), Barrett further discloses wherein the processor is further configured to heat at least one of the plurality of zones in the building; (e.g., Barrett, par. [0073]: a furnace, heat pump, cooler and/or other device or combination of devices 103 heats or cools air that is moved through the HVAC system. “[T]he air is referred to herein as being “conditioned”, regardless of how the air is treated, i.e., heated, cooled, etc.”) by:
determining a current air temperature in the zone; (e.g., Barrett, par. [0079]: the current temperature of the region, a desired temperature of the region)
opening a register vent to permit conditioned air flow into the zone when the air temperature in the zone is less than the desired air temperature; (e.g., Barrett, Fig. 9 and associated text, par. [0154]: if the HVAC system is in a heating mode at 906 control passes to 910. If at 910 the room is not hot enough [not hotter than the target (e.g., less than the desired temperature), see figure], control passes to 920, where the register is opened an incremental amount [opening the register being turning on the flow of air into the zone]) and
closing the register vent when the air temperature in the zone exceeds the desired air temperature (e.g., Barrett, Fig. 9 and associated text, par. [0154]: if the HVAC system is in a heating mode, control passes to 910. At 910, if the room is hotter [greater] than the target [desired] temperature, control passes to 923, at which the vanes of the register are closed an incremental amount [and see figure, the algorithm repeats after a delay, meaning the vent will eventually close completely if the temperature remains hotter than the target]).
Barrett does not explicitly disclose determining a desired air temperature for the zone based on the configured air quality for the zone.
However, in an analogous art, Nichols discloses:
determining a desired air temperature for the zone based on the configured air quality for the zone (e.g., Nichols, par. [0044]: the processor 64 may include a feels-like temperature conversion module 102, which may be configured to receive at least measure related to an indoor temperature, and a measure related to indoor humidity; par. [0044]: the feels-like temperature conversion module 102 may determine a correction factor, which may be a function of the indoor temperature, the indoor humidity. The correction factor may be applied to the dry bulb temperature to convert the dry bulb temperature to a feels-like temperature; par. [0057]: the HVAC controller 18 may maintain the temperature within the space along a same PMV line “(feels-like temperature)” that was initially indicated by the user’s specified temperature set point).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the desired air temperature of Barrett such that it is determined based on a configured air quality for the zone, as taught by Nichols, as Nichols would provide the advantage of a means of increasing a user’s comfort level. (See Nichols, par. [0002]).
As to claim 13, Barrett/Nichols/Rosen discloses the system of claim 11 (see rejection of claim 11 above), Barrett further discloses wherein the processor is further configured to cool at least one of the plurality of zones in the building; (e.g., Barrett, par. [0073]: a furnace, heat pump, cooler and/or other device or combination of devices 103 heats or cools air that is moved through the HVAC system. “[T]he air is referred to herein as being “conditioned”, regardless of how the air is treated, i.e., heated, cooled, etc.”) by:
determining the current air temperature in the zone; (e.g., Barrett, par. [0079]: the current temperature of the region, a desired temperature of the region)
opening a register vent to permit conditioned air flow into the zone when the air temperature in the zone is greater than the desired air temperature; (e.g., Barrett, par. [0154]: if the HVAC system is operating in heating mode, control passes to 910, otherwise control passes to 913; par. [0155]: if the HVAC system is operating in cooling mode, at 913 the comparison between the current room temperature [temperature in the zone] and the desired room temperature [and see figure, the vent will open if the room is hotter than (greater than) the target]) and
closing the register vent when the air temperature in the zone is less than the desired air temperature (e.g., Barrett, par. [0154]: if the HVAC system is operating in heating mode, control passes to 910, otherwise control passes to 913; par. [0155]: if the HVAC system is operating in cooling mode, at 913 the comparison between the current room temperature [temperature in the zone] and the desired room temperature [configured air temperature, and see figure, the vent will close at 933 if the room remains not hotter than (e.g., less than) the target]).
Barrett does not explicitly disclose to determining a desired air temperature for the zone based on the configured air quality for the zone.
However, in an analogous art, Nichols discloses to:
determining a desired air temperature for the zone based on the configured air quality for the zone (e.g., Nichols, par. [0044]: the processor 64 may include a feels-like temperature conversion module 102, which may be configured to receive at least measure related to an indoor temperature, and a measure related to indoor humidity; par. [0044]: the feels-like temperature conversion module 102 may determine a correction factor, which may be a function of the indoor temperature, the indoor humidity. The correction factor may be applied to the dry bulb temperature to convert the dry bulb temperature to a feels-like temperature; par. [0057]: the HVAC controller 18 may maintain the temperature within the space along a same PMV line “(feels-like temperature)” that was initially indicated by the user’s specified temperature set point).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the desired air temperature of Barrett such that it is determined based on a configured air quality for the zone, as taught by Nichols, as Nichols would provide the advantage of a means of increasing a user’s comfort level. (See Nichols, par. [0002]).
As to claim 14, Barrett/Nichols/Rosen discloses the system of claim 11 (see rejection of claim 11 above) wherein the temperature in each zone is determined based on a temperature reading from a temperature sensor located in the corresponding zone (e.g., Barrett, Fig. 1 and associated text, par. [0074]: one or more of the supply registers 113-120 and 128 may be in a given room; par. [0075]: one or more of the supply registers 113-120 and 128 includes a register controller 133, 136 and 140. Each register controller 133-140 measures the temperature of its respective region; par. [0019]: each intelligent controlled register may include a temperature sensor).
As to claim 15, Barrett/Nichols/Rosen discloses the system of claim 11 (see rejection of claim 11 above), Barrett further discloses wherein conditioned air is circulated to a zone by opening at least one register vent associated with the zone, and air circulation is stopped by closing the at least one register vent (e.g., Barrett, Fig. 1 and associated text par. [0071]: the register may have two states “(such as partially or fully closed and partially or fully open)” or may be step-wise or continuously variable between states [and see figure, if register vents 113, 116, 120 and 128 are closed, no conditioned air flows out of them into the zone in which they are located. The opposite is true if they are opened]).
As to claim 21, Barrett/Nichols/Rosen discloses the system of 11 (see rejection of claim 11 above) but does not explicitly disclose wherein system determines the current air quality in a zone as a measured air temperature and, optionally, humidity level in the zone and determines the configured air quality in the zone as a desired air temperature based on at least one of the measured air temperature and optionally measured humidity level in the zone.
However, in an analogous art, Nichols discloses:
wherein the system determines the current air quality in a zone as a measured air temperature and, optionally humidity level in the zone (e.g., Nichols, par. [0019]: HVAC controller(s) 18 may be a zone controller or may include multiple zone controllers each monitoring and/or controlling the comfort level within a particular zone in the building; par. [0044]: the processor 64 may include a feels-like temperature conversion module 102, which may be configured to receive at least measure related to an indoor temperature, and a measure related to indoor humidity) and determines the configured air quality in the zone as a desired air temperature based on at least one of the measured air temperature and optionally measured humidity level in the zone (e.g., Nichols, par. [0044]: the feels-like temperature conversion module 102 may determine a correction factor, which may be a function of the indoor temperature, the indoor humidity. The correction factor may be applied to the dry bulb temperature to convert the dry bulb temperature to a feels-like temperature; par. [0035]: to apply the offset to a temperature set point which may result in a feels-like temperatures set point).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the current and desired air quality in a zone taught by Barrett such that the current air quality in a zone is determined as a measured air temperature and humidity level in the zone and the desired air quality in the zone is determined as a desired air temperature based on the measured air temperature or humidity level in the zone, as taught by Nichols, as Nichols would provide the advantage of a means of increasing a user’s comfort level. (See Nichols, par. [0002]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Barrett (US 2010/0163633) in view of Nichols (US2014/0358294) in view of Rosen (US 7,185,825) in further view of Baker (US 4,488,823) (art made of record – hereinafter Baker).
As to claim 16, Barrett/Nichols/Rosen/Riley discloses the system of claim 11 (see rejection of claim 11 above) Barrett further discloses:
wherein the system is configured to obtain air for recirculation from at least one of re-circulated indoor air, air from a recently occupied zone, outside air, or air from from a basement of a dwelling; (e.g., Barrett, Fig. 1 and associated text, par. [0074]: return registers 123, 125, and 129 and associated return duct 130 return air to the heating/cooling device 103 [where it is then recirculated through duct 110, see figure]; par. [0076]: one or more return registers includes a register controller that controls the amount of air allowed to be drawn from its respective region; par. [0003]: a room or other portion “(for simplicity, collectively referred to herein as a ‘region’)” of a building).
Barrett/Nichols/Rosen does not explicitly disclose to operate in a layered sequence by selectively running at least one of a circulation fan, a humidity conditioning unit, or an HVAC operation depending on a detected environmental deviation severity.
However, in an analogous art, Baker discloses to:
operate in a layered sequence by selectively running at least one of a circulation fan, a humidity conditioning unit, or an HVAC operation depending on a detected environmental deviation severity (e.g., Baker, Fig. 8c and associated text, col. 9 ll. 30-43: If it is found that the difference between the ambient temperature and the set point temperature lies between 0º and 3º, block 235 energizes line 114 setting the fan speed to medium. If TD is not greater than 0º block 236 energizes line 110 to set the fan speed to low. If TD is greater than 3º, indicating that the difference between the ambient temperature and set point temperature is greater than 3º, block 237 energizes line 112 to set the fan 26 to high speed; Fig. 8d and associated text, col. 10 ll. 4-8: block 246 determines whether the variable TD is less that the value of the variable TC. If this is true, indicating the differences between the ambient temperature and the set point temperature is less than the compressor threshold, then block 247 turns on the compressor; col. 7 ll. 40-43: the compressor threshold temperature TC, which is the temperatures at which the compressor cycles on, is set by block 203 at 2º F above the set point temperature)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the functions of Barrett to include operate in a layered sequence by selectively running at least one of a circulation fan, a humidity conditioning unit, or an HVAC operation depending on a detected environmental deviation severity, as taught by Baker, as Baker would provide the advantage of a means of saving power. (See Baker, col. 7 ll. 28-32).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Barrett (US 2010/0163633) in view of Nichols (US2014/0358294) in view of Rosen (US 7,185,825) in further view of Brown et al. (US 2015/0354845) (art of record – hereinafter Brown).
As to claim 17, Barrett/Nichols/Rosen/Riley discloses the system as recited of claim 11 (see rejection of claim 11 above), Barrett further wherein the processor is further configured to:
receive re-circulated air through the first duct pipe network connected to a return vent associated with the first zone; (e.g., Barrett, Fig. 1 and associated text, par. [0074] return registers 123, 126 and 128 and an associated return duct 130 return air to the heating/cooling device [where it is recirculated, see below]; par. [0003]: conventional heating, ventilating and/or air conditioning (UVAC systems) air register vents; par. [0030]: HVAC vents may include a return vent; par. [0032]: each HVAC vent may be disposed in a corresponding location in a building; par. [0074]: locations of a building, such as in walls of rooms) and
condition the received re-circulated air and supply it through the second duct pipe network to the at least one register vent in the second zone (e.g., Brown, Figure 1 and associated text, par. [0074]: the conditioned air is carried by a series of ducts 110 to a plurality of HVAC vents, such as supply registers 113, 116, 120 and 128. One or more supply registers may be in a given room. Each supply register may introduce conditioned air into its respective region. Return registers 123, 126 and 129 return air to the heating/cooling device 103; par. [0073]: a furnace, heat pump, cooler and/or other device or devices 103 heats or cools the air that is then moved through the HVAC system by a blower [and see figure, all the air from return registers 123, 126 and 129 circulated back into Furnace Heatpump or Cooler 103 where it is re-circulated by blower 106 though all supply registers 113, 116, 120 and 128 into their respective regions]; par. [0085]: register controller 133-146 controls the amount of conditioned air introduced into its region or withdrawn from its region in order to meet the desired temperature).
Barrett/Nichols/Rosen/Riley does not explicitly disclose wherein the computer-executable instructions that, when executed by the processor, further cause the computing system to determine an occupancy state for each of the plurality of zones; establish desired air quality in each of the of zones by supplying conditioned air through the second duct pipe network; determine that a first zone has become unoccupied and a second zone has become occupied; discontinue air flow to the first zone and enable air flow to the second zone.
However, in an analogous art, Brown discloses
the processor, (Brown, par. [0030]: a computer implemented control mechanism [necessarily comprising a processor, memory and instructions executed but the processor that cause the processor to perform its functions]) is configured to:
determine an occupancy state for each of the plurality of zones; (e.g., Brown, Fig. 3 and associated text, par. [0032]: occupied-room occupancy detector 308 detects a person in an occupied room 312; par. [0033] unoccupied-room occupancy detector 307 does not detect any people in unoccupied room 311)
establish desired air quality in each of the zones by supplying conditioned air through the second duct pipe network ; (e.g., Brown, Fig. 3 and associated text, par. [0035]: the system is capable of use of multiple heating and cooling units such that various temperatures may be achieved in different spaces; par. [0031]: incoming air 212 flows into the ducts [second duct pipe network, see figure]. The air 212 passes thorough cooling unit 302, and the heating unit 303 [conditioning the air. And see figure, the conditioned air passes through dampers 305 and 306 (if opened) and into zones 311 and 312])
detect that a first zone has become unoccupied and a second zone has become occupied; (e.g., Brown, Fig. 3 and associated text, par. [0031]: occupied-room occupancy detector 308 detects a person in occupied room 312 and signals occupied-room damper 306 to open [turn on the flow of conditioned air into zone 312]; par. [0033]: unoccupied-room occupancy detector 307 does not detect any people in unoccupied room 311 and signals unoccupied-room damper 305 to close [turn off the flow of conditioned air into zone 311])
discontinue air flow to the first zone and enable air flow to the second zone; (see immediately above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Barrett to include determining an occupancy of each zone, establishing a desired air quality in the zones by supplying conditioned air to them through pipe network and vent in each zone, turning off the flow of conditioned air when a zone becomes unoccupied and turning off the flow of conditioned air when a zone becomes occupied, as taught by Brown, as Brown would provide the advantage of a means of improving HVAC efficiency. (See Brown, par. [0006]).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Barrett (US 2010/0163633) in view Nichols (US2014/0358294) in view of Rosen (US 7,185,825) in further view of Bash (US 7,568,360).
As to claim 22, Barrett/Nichols/Rosen discloses the system of claim 11 (see rejection of claim 11 above), but does not explicitly disclose wherein the system includes an integrated fan associated with at least one of the plurality of return vents and is configured to activate the fan to assist in air re-circulation.
However, in an analogous art, Bash discloses:
wherein the system includes an integrated fan associated with at least one of the plurality of return vents and is configured to activate the fan to assist in air re-circulation. (e.g., Bash, Fig. 1b and associated text, col. 7 ll. 48-50: room 100 includes a ceiling 152 configured to provide a space 154 or plenum for the heated airflow 126 to be returned to the AC unit 114a [and re-circulated, see figure]; col. 8 ll. 4-6: secondary vent tiles 130d and 130e [return vents] are depicted as directing airflow from the room 100 into the space 154; col. 5 ll. 52-55: secondary vent tiles 130a-130n may each include controllable fans 136; col. 7 ll. 3-5: controller 140 may comprise software configured to operate on a computing device; col. 10 ll. 39-41, 46-47: the controllers of secondary vent tiles 130a-130n may comprise PID controllers. Controller 140 may transmit signals to the controllers of secondary vent tiles 130a-130n; col. 8 ll. 43-45: the PID controller 202 may transmit the signal to the secondary vent tile; col. 8 ll. 53-56: secondary vent tile 130a may include a fan operable to activate when the signal strength is sufficiently high and deactivate when the signal strength is sufficiently low).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the return vents of Barrett by incorporating an integrated fan, as taught by Bash, as Bash would provide the advantage of a means of reducing the energy required to condition the zone. (See Bash, col. 5 ll. 45-50, col. 2 ll. 27-43).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Barrett (US 2010/0163633) in view of Nichols (US 2014/0358294) in view of Rosen (US 7,185,825) in further view of Ols et al. (US 2014/0222241) (art of record – hereinafter Ols).
As to claim 23, Barrett/Nichols/Rosen discloses the system of claim 21 (see rejection of claim 21 above), but does not explicitly disclose wherein the system regulates the humidity level of the conditioned air by increasing or decreasing humidity levels to maintain the configured air quality
However, in an analogous art, Ols discloses:
wherein the system regulates the humidity level of the conditioned air by increasing or decreasing humidity levels to maintain the configured air quality (e.g., Ols, par. [0168]: code 834 may include instructions for analyzing whether to implement directives and settings associated with components of system 100 “(e.g., the positions of the air register 114aa-114nm, the on/off state of devices within heating/AC system 104m and a degree in change in settings required to obtain a desired climate)”; par. [0216]: “climate (e.g., temperature, rate of airflow and/or humidity)”; par. [0046]: heating/AC system 104 may include humidifiers [humidifiers necessarily increasing the humidity level of air, turning it off would decrease the humidity level of the conditioned air]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Barrett to include instructions to cause the computing system to increase or decrease the humidity level of the conditioned air, as taught by Ols, as Ols would provide the advantage of a means of maintaining a desired humidity level in a room. (See Ols, par. [0221]).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Barrett (US 2010/0163633) in view of Nichols (US2014/0358294) in view of Rosen (US 7,185,825) in view of Riley (US 5,395,042) in view of Otsuka (US 4,635,445) in further view of Brown (US 2015/0354845).
As to claim 24, it is a method claim having substantially the same limitations as claim 17. Accordingly, it is rejected for substantially the same reasons.
Conclusion
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/TODD AGUILERA/Primary Examiner, Art Unit 2192