DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/16/26 has been entered.
Claims 23-42 have been presented for examination based on the RCE filed on 3/16/2026.
Claims 1-22 are cancelled.
Claims 23-42 are new.
Claims 23-26, 28-39, 41, and 42 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US PGPUB No. US 20220381470 A1 by Song; Li et al.
Claim(s) 27 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over US PGPUB No. US 20220381470 A1 by Song; Li et al., in view of US PGPUB No. US 20170074534 A1 by Turner; Larry A.
This action is made Non-Final.
Response to Arguments
Applicant’s arguments with respect to new claim(s) 23-42 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 23-26, 28-39, 41, and 42 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US PGPUB No. US 20220381470 A1 by Song; Li et al.
Regarding Claim 23
Song teaches A computer-implemented method for controlling a thermal conditioning system of a building environment (Song: Fig.6, [0060]-[0061]) , the method comprising:
receiving, from a plurality of environmental sensors positioned within a building structure, measured environmental state data (Song : Fig.1 & [0028] showing plurality of sensors, internal (16, 24, 42) and external (28, 26, 40, 38) to building ) including temperature values corresponding to a plurality of thermal zones (Song: Fig.2 showing internal temperature sensor 24 within each room; [0015]"... In some non-limiting embodiments, the methods described herein include positioning, installation and operation of at least one interior wall surface temperature sensor within a residential house. In some non-limiting embodiments, at least one interior wall surface temperature sensor may provide measurement of interior wall surface temperatures. The interior wall surface temperature may be used in a home heat transfer model that provides a predicted space air temperature based on both thermal dynamics of space air and building structure within the virtual thermal envelope....") ;
constructing in memory a thermodynamic model of the building structure comprising a plurality of interconnected nodes representing physical portions of the building (Song: [0028]-[0029] detailing all the inputs to the heat transfer model (mapped to claimed thermodynamic model); the model as shown in Fig.4A-4B showning interconnected nodes representing different portions of the building as thermal zones [0048]-[0049]; alternately even if this considered as one zone multiple zones/envelopes are anticipated in [0048]"... The term ‘thermal zone’, as used herein, refers to a space of collection of spaces having similar space-conditioning requirements, the same heating and cooling setpoint, such that conditions may be maintained with a single thermal controlling device. One skilled in the art will appreciate that a second or third virtual thermal envelope 106 may be determined if needed based on design considerations of the residential house 14...." ) ;
executing, by one or more processors, a predictive state generator configured to produce an initial trajectory of node temperature states for the thermodynamic model across a future control horizon (Song: [0053]-[0055] Showing the continuous time model and discrete time model to capture initial node temperature states in the model; [0057] based on HVAC being off projecting values at each time step; [0058] – 6 days or 14 days; [0059] "... In some non-limiting embodiments, the predicted space air temperature may be used to predict at least twenty-hour hours ahead of the actual space air temperature...."; [0060]);
executing a forward thermodynamic simulation of the thermodynamic model using the initial trajectory to compute predicted node temperature states while applying candidate actuator trajectories corresponding to operation of one or more physical thermal conditioning devices serving the building (Song: [0057]- [0060]) ;
computing a control cost value based on deviations between the predicted node temperature states and desired temperature setpoints for the plurality of thermal zones (Song: [0058] control cost value as cost function) ;
performing an optimization process that iteratively modifies the candidate actuator trajectories and repeatedly executes the forward thermodynamic simulation to reduce the control cost value (Song: [0058]-[0059]) ;
determining optimized actuator trajectories for the physical thermal conditioning devices based on the optimization process (Song: determining variables related tau, a1-a3, b1-b2 for optimization as discussed in [0057]-[0060] to control the thermostat) ; and
transmitting control commands corresponding to the optimized actuator trajectories to the physical thermal conditioning devices to regulate temperature within the building environment (Song: [0060]; [0061] "...The control system adjusts the thermostat based on the predicted space air temperature....")).
Regarding Claim 241
Song teaches method of claim 23, wherein the interconnected nodes represent at least one of room air volumes, wall layers, floor layers, ceiling layers, or building envelope components (Song: Fig.4A-4B [0049] "... The thermal properties of the virtual thermal envelope 106 are the weighted average of thermal resistance R.sub.ve and heat capacity C.sub.ve,in of all components of the virtual thermal envelope. Referring to FIG. 4B, for internal space 108, the indoor air is represented by one uniform air temperature (T.sub.in) in a thermal zone and the associated air thermal capacity (C.sub.air) and thermal resistance (R.sub.air). As used herein, the term “internal space” refers to indoor space enclosed by the virtual thermal envelope....") .
Regarding Claim 25
Song teaches The method of claim 23, wherein the thermodynamic model includes heat-transfer relationships between nodes representing conductive or convective heat flow (Song: [0003] "... The heat received by the opaque surfaces via the opaque envelope elements is absorbed by the total heat capacity of the opaque envelopes first, and then released into the indoor air through conduction and convection. The other mechanism is to heat indoor structural components and furnishings through glazing provided by solar radiation of windows and skylights. Some of the solar heat gain absorbed by interior furnishings and structural components (e.g., walls) is immediately transferred to the indoor air by convection. The remaining is conducted into the structure or furnishings and gradually released later, thus heating the indoor air. In a traditional resistance-capacitance (RC) thermal model, the two mechanisms are determined separately...."); Fig.4A-4B accounting for both as resistance and thermal capacity).
Regarding Claim 26
Song teaches The method of claim 23, wherein the predictive state generator comprises a learning model configured to generate the initial trajectory of node temperature states (Song: learning model as training the model - [0051], [0055] "... Parameter estimation may be provided via a least square method or an optimization method. In some non-limiting embodiments, the least square model and the optimization model may be used to train one or more model parameters....", [0059] & Claims 10-13 of the Song) .
Regarding Claims 28 & 39
Song teaches The method of claim 23, wherein the thermodynamic model stores physical parameters for each node including thermal capacitance and thermal resistance (Song: Fig.4A-4B, C as thermal capacitance and R as thermal resistance; [0049]; duplication of nodes as plurality of envelopes in [0048]).
Regarding Claims 29, 35
Song teaches The method of claim 23, wherein the optimization process generates actuator trajectories that satisfy device operating constraints of the physical thermal conditioning devices (Song: [0058]-[0060] as constraints "... In some non-limiting embodiments, constraints for the system variables may be initially determined using the least square method shown in FIG. 5...."); [0060] setting the HVAC controls).
Regarding Claims 30, 36, 41
Song teaches The method of claim 23, wherein the control cost value further includes a term representing predicted energy consumption of the physical thermal conditioning devices (Song: [0034] "... Output data may include, for example, one or more input data (i.e., data provided to the control system 12) such as interior wall surface temperature, supply and return air temperatures from the supply air duct 32 or return air duct 35, air temperatures from supply air diffuser 34 or return air diffuser 36, wind speed, global horizontal solar irradiation, return air flow rate, power consumptions from the indoor HVAC unit 44 or outdoor HVAC unit 20, total power use of the entirety of the residential house 14, and the like...."; the temperature in the cost function are affected by the input parameters which include the power consumption – see [0053], [0061] optimization & control based on the power measurements).
Regarding Claims 31, 42
Song teaches The method of claim 23/38, wherein the actuator trajectories comprise time- dependent control values including at least one of airflow rate (Song: [0034] "... Output data may include, for example, one or more input data (i.e., data provided to the control system 12) such as interior wall surface temperature, supply and return air temperatures from the supply air duct 32 or return air duct 35, air temperatures from supply air diffuser 34 or return air diffuser 36, wind speed, global horizontal solar irradiation, return air flow rate, power consumptions from the indoor HVAC unit 44 or outdoor HVAC unit 20, total power use of the entirety of the residential house 14, and the like....") , heating output level, cooling output level, or fan speed (Song: [0045] "...[0045] The velocity sensor 42 may be any sensor configured to provide return air flow rate at the supply air duct 32 or return air duct 35 to the control system 12. To that end, the velocity sensor 42 may be an air velocity transducer configured to provide air velocity measurements at the supply air duct 32 or return air duct 35....").
Regarding Claim 32
Song teaches A building environmental control system (Song: Fig.1) comprising:
a plurality of environmental sensors configured to measure temperatures within a building environment (Song: Fig.1 & [0028] showing plurality of sensors, internal (16, 24, 42) and external (28, 26, 40, 38) to the building);
one or more physical thermal conditioning devices configured to regulate thermal conditions of the building environment (Song: Fig.1 control system 12) ; and
a computing system comprising one or more processors and memory storing instructions that cause the processors (Song : [0031]) to:
construct a thermodynamic model of the building environment comprising interconnected nodes representing physical portions of the building (Song: [0028]-[0029] detailing all the inputs to the heat transfer model (mapped to claimed thermodynamic model); the model as shown in Fig.4A-4B showing interconnected nodes representing different portions of the building as thermal zones [0048]-[0049]);
generate an initial trajectory of node temperature states using a predictive state generator (Song: [0053]-[0055] Showing the continuous time model and discrete time model to capture initial node temperature states in the model; [0057] based on HVAC being off projecting values at each time step; [0058] – 6 days or 14 days; [0059] "... In some non-limiting embodiments, the predicted space air temperature may be used to predict at least twenty-hour hours ahead of the actual space air temperature...."; [0060]);
execute a forward thermodynamic simulation of the thermodynamic model across a control horizon using candidate actuator trajectories corresponding to operation of the physical thermal conditioning devices (Song: [0057]-[0058], [0060]);
compute a control cost value comparing predicted node temperatures to desired temperature setpoints (Song: [0058] control cost value as cost function; [0048] "...In particular, the residential house 14 may be consolidated into a single virtual thermal envelope 106 with the interior wall surface temperature measurement (T.sub.ie) represented by a weighted-average of impacts on elements within the virtual thermal envelope 106 having different orientations as shown in FIG. 4A. It should be noted that most residential houses 14 have one thermal zone composed of the entire home, and generally not more than two thermal zones, and as such, the entire residential house 14 may be consolidated into one virtual thermal envelope 106. The term ‘thermal zone’, as used herein, refers to a space of collection of spaces having similar space-conditioning requirements, the same heating and cooling setpoint, such that conditions may be maintained with a single thermal controlling device....");
execute an optimization process that modifies the candidate actuator trajectories to reduce the control cost value (Song: [0058]-[0059]; determining variables related tau, a1-a3, b1-b2 for optimization as discussed in [0057]-[0060] to control the thermostat); and
generate and transmit control commands corresponding to optimized actuator trajectories to the physical thermal conditioning devices to regulate temperature within the building environment(Song: [0060]; [0061] "...The control system adjusts the thermostat based on the predicted space air temperature....")).
Regarding Claim 33
Song teaches wherein the thermodynamic model includes heat-transfer relationships between nodes representing conductive heat flow through building materials (Song: [0003] "... The heat received by the opaque surfaces via the opaque envelope elements is absorbed by the total heat capacity of the opaque envelopes first, and then released into the indoor air through conduction and convection. The other mechanism is to heat indoor structural components and furnishings through glazing provided by solar radiation of windows and skylights. Some of the solar heat gain absorbed by interior furnishings and structural components (e.g., walls) is immediately transferred to the indoor air by convection. The remaining is conducted into the structure or furnishings and gradually released later, thus heating the indoor air. In a traditional resistance-capacitance (RC) thermal model, the two mechanisms are determined separately...."); Fig.4A-4B accounting for both as resistance and thermal capacity).
Regarding Claim 34
Song teaches wherein the predictive state generator comprises a trained neural network configured to generate the initial trajectory of node temperature states (Song: [0015] "... In some non-limiting embodiments, the home heat transfer model may be based on a machine learning algorithm [mapped as trained neural network] . In some embodiments, use of the home heat transfer model may be configured to facilitate smart home temperature regulation. For example, the predicted space air temperature based on both thermal dynamics of space air and building structure within the virtual thermal envelope may be used to provide optimal control of cooling and heating operations to save energy costs and/or demands...."; Abstract "... The control system is configured to obtain the interior wall surface temperature measurement and apply a home heat transfer model to determine a predicted space air temperature....").
Regarding Claim 37
Song teaches wherein the interconnected nodes represent multiple thermal zones of the building environment (Song: [0048]"... The term ‘thermal zone’, as used herein, refers to a space of collection of spaces having similar space-conditioning requirements, the same heating and cooling setpoint, such that conditions may be maintained with a single thermal controlling device. One skilled in the art will appreciate that a second or third virtual thermal envelope 106 may be determined if needed based on design considerations of the residential house 14...." ) .
Regarding Claim 38
Song teaches A controller for regulating thermal conditions of a building environment (Song: Fig.1 control system 12) , the controller comprising:
one or more processors (Song: [0030] "... [0030] Referring to FIGS. 1, 2 and 3, the control system 12 may include one or more processors 60....") ; and memory storing instructions that cause the processors (Song : [0030] "... The one or more processors 60 may be configured to read and/or execute processor executable code and/or configured to create, manipulate, retrieve, alter and/or store data structure into one or more memories 62....") to:
construct a thermodynamic model of a building environment comprising interconnected nodes representing physical portions of the building (Song: [0028]-[0029] detailing all the inputs to the heat transfer model (mapped to claimed thermodynamic model); the model as shown in Fig.4A-4B showning interconnected nodes representing different portions of the building as thermal zones [0048]-[0049]);
generate an initial trajectory of node temperature states using a predictive state generator (Song: [0053]-[0055] Showing the continuous time model and discrete time model to capture initial node temperature states in the model; [0057] based on HVAC being off projecting values at each time step; [0058] – 6 days or 14 days; [0059] "... In some non-limiting embodiments, the predicted space air temperature may be used to predict at least twenty-hour hours ahead of the actual space air temperature...."; [0060]);
execute a forward thermodynamic simulation of the thermodynamic model using candidate actuator trajectories for one or more physical thermal conditioning devices (Song: [0057]- [0060]);
perform an optimization process that iteratively modifies the candidate actuator trajectories based on a cost value representing deviation from desired temperature setpoints (Song: [0058]-[0059] cost functioni nQe.17 and deviation as error); and
transmit control commands corresponding to optimized actuator trajectories to the physical thermal conditioning devices (Song: [0058]-[0060]; [0061] "...The control system adjusts the thermostat based on the predicted space air temperature....") .
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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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 27 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over US PGPUB No. US 20220381470 A1 by Song; Li et al., in view of US PGPUB No. US 20170074534 A1 by Turner; Larry A.
Regarding Claim 27, 40
Teachings of Song are shown in the parent claim 23/28.
Song does not explicitly teach limitations of claim 27.
Turner teaches The method of claim 23, wherein the optimization process includes performing a reverse-time state reconstruction through the thermodynamic model (Turner : [0191]-[0207] and specifically see Reverse Temperature estimation using thermal coefficient vector omega, which is related to sensitivity determination as follows; Also see [0094] "... Forward and reverse energy and temperature estimation can also be performed by the thermal model 600....") to determine sensitivity (Turner : [0178] thermal coefficient related to sensitivity, [0187] thermal (thermodynamic) model 600 eliminating based on thermal coefficient /sensitivity; details on thermal coefficient [0188]-[0190]) of the control cost value to the candidate actuator trajectories (Turner: [0280] "... [0280] The comfort agent 300 can identify an optimal path through the collection which minimizes a cost function in terms of energy, power, current, temperature, financial resources, social resources, resource availability, and/or time, in any units or range, respecting established constraints...."); [0191] "...[0191] In some embodiments, the utility of the thermal coefficient vector, ω.sub.i,c,n, is found in the form of energy and temperature estimation, exercised to accommodate the specific requirements of an application, to include temperature control by estimating either energy to minimize consumption, or temperature to facilitate optimal start....") .
It would have been obvious to one (e.g. a designer) of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Turner to Song, for comfort based management of thermal systems, including residential and commercial buildings with active cooling and/or heating, is described. The system can operate without commissioning information, and with minimal occupant interactions, and can learn heat transfer and thermal comfort characteristics of the thermal systems so as to control the temperature thereof while minimizing energy consumption and maintaining comfort (Turner: Abstract showing advantages over Song). Further motivation to combine would have been that Turner and Song are analogous art to instant claim in the same field of endeavor as to model and control an HVAC system (Turner: Abstract; Song: Abstract).
Conclusion
All claims are rejected.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Examiner’s Note: Examiner has cited particular columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to 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 case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKASH SAXENA whose telephone number is (571)272-8351. The examiner can normally be reached Mon-Fri, 7AM-3:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, RYAN PITARO can be reached on (571) 272-4071. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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AKASH SAXENA
Primary Examiner
Art Unit 2188
/AKASH SAXENA/Primary Examiner, Art Unit 2188 Monday, August 3, 2026
1 See US PGPUB No. US 20220335179 A1 Fig.5A and 8-9 showing accounting to various building parts accounted for in thermal calculations for HVAC
Prosecution Insights