Prosecution Insights
Last updated: April 19, 2026
Application No. 17/747,378

CHILLER CONTROLLER FOR OPTIMIZED EFFICIENCY

Final Rejection §103§112
Filed
May 18, 2022
Examiner
AHMED, ISTIAQUE
Art Unit
2116
Tech Center
2100 — Computer Architecture & Software
Assignee
Tekworx LLC
OA Round
2 (Final)
69%
Grant Probability
Favorable
3-4
OA Rounds
3y 0m
To Grant
86%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allow Rate
134 granted / 194 resolved
+14.1% vs TC avg
Strong +17% interview lift
Without
With
+17.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
22 currently pending
Career history
216
Total Applications
across all art units

Statute-Specific Performance

§101
13.6%
-26.4% vs TC avg
§103
43.4%
+3.4% vs TC avg
§102
13.3%
-26.7% vs TC avg
§112
20.8%
-19.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 194 resolved cases

Office Action

§103 §112
DETAILED ACTION This Office Action is in response to the Amendment filed on 07/23/2025. THIS ACTION IS MADE FINAL Response to Arguments Applicant’s arguments, see page 9-10 , filed 07/23/2025, with respect to Rejection under 35 U.S.C. § 101 have been fully considered and are persuasive. Applicant argues in part, “Applicant has amended the claims to further recite that the estimated efficiency of the staging operation is "higher than the current efficiency" and staging "the chiller group according to the staging operation by causing the chiller group to one of bring the offline chiller online, take the online chiller offline, or both bring the offline chiller online and take the online chiller offline." By using the recited mathematical relationships to determine a staging operation that improves the efficiency of the chiller group, and staging the chiller group according to the staging operation, the amended claims implement the mathematical relationships to perform a function which the patent laws were designed to protect. 1 That is, the claimed methods, systems and computer program products provide an improvement to technology in the form of chiller groups with improved efficiency.” Examiner agrees. The rejection of claims 1-20 under 35 U.S.C. § 101 has been withdrawn. Applicant’s arguments, see page 10-11, filed 07/23/2025, with respect to Rejection under 35 U.S.C. § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. Applicant in page 10 argues in part, “However, Kirkman is silent with respect to the efficiency data including "a parameter related to a power consumption of the chiller that defines the estimated efficiency based on an amount of a pollutant emitted generating the power consumed by the chiller." Thus, Kirkman cannot remedy Bitondo' s failure to disclose determining an estimated efficiency based on an amount of a pollutant emitted generating the power consumed by the chiller.” Examiner agrees. However, upon further consideration, a new ground(s) of rejection is made in view of Bitondo (US4483152A) hereinafter Bitondo in view of Kirkman et. al. (US20220196309A1) hereinafter Kirkman and further in view of Saidur (Chillers energy consumption, energy savings and emission analysis in an institutional buildings). 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. Claim 4 and 14 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. Claim 4 recites, The method of claim 3, wherein the parameter is further based on an amount of power being consumed by the chiller, and a cost of the power being consumed by the chiller. According to published specification ¶0010, ¶0020 and ¶0052 the parameter related power consumption to be based on an amount of a pollutant emitted, amount of power being consumed or a cost of the power being consumed. Specification doesn’t appear to describe the parameter to be based on all three of the aspects claimed in claim 4 (e.g. a pollutant emitted, amount of power being consumed and a cost of the power being consumed). Therefore there is a lack of written description for the claim and 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. Claim 14 recites similar limitation as claim 4 and is also therefore rejected for the same reason as claim 4. 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 1-20 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. Claim 1 recites, “the estimated efficiency … being determined based on a relationship between a thermal transfer rate of each chiller, a parameter related to a power consumption of each chiller that defines the estimated efficiency based on an amount of a pollutant emitted generating the power consumed by the chiller, and a lift of each chiller;” Claim recites, determining estimated efficiency based on three different parameters one of which is a parameter that defines the estimated efficiency. If the parameter related to a power consumption already defines the estimated efficiency, it is unclear as to how it is then used to determine the same estimated efficiency. For the sake of compact prosecution and in light of the published specification ¶0052, “a parameter related to a power consumption” is being interpreted as amounted of pollutant emitted generating the power being consumed by the chiller. Claims 11 and 20 recites similar limitation as claim 1 and are therefore rejected for the same reason as claim 1. Claims 2-10 and 12-19 depends on claim 1 or 11 and are therefore also rejected due to their dependency. 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 (i.e., changing from AIA to pre-AIA ) 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. Claim(s) 1-2, 6-9, 11-12, 15-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bitondo (US4483152A) hereinafter Bitondo in view of Kirkman et. al. (US20220196309A1) hereinafter Kirkman and further in view of Saidur (Chillers energy consumption, energy savings and emission analysis in an institutional buildings) Regarding claim 1, Bitondo teaches, A method of staging a chiller group including a plurality of chillers, comprising: determining a thermal load on the chiller group; (Column 7 l. 29-32 teaches determining new total operating capacity) determining a current efficiency of the chiller group; (¶Column 10 Line 65- Column 11 Line 3 and Column 7 Line 39-45 teaches determining present coefficients of performance) determining an estimated efficiency of the chiller group after executing a staging operation including one of bringing an offline chiller online, taking an online chiller offline, or both bringing the offline chiller online and taking the online chiller offline, (Column 11 Line 8-15 teaches selecting the next chiller to be started from its lead/lag schedule and calculating a new system coefficient of performance using an iterative investigation of the matrix for the next chiller and the matrices for the present chillers) the estimated efficiency being higher than the current efficiency…staging the chiller group according to the staging operation by causing the chiller group to one of bring the offline chiller online, take the online chiller offline, or both bring the offline chiller online and take the online chiller offline. (Column 11 Line 8-20 teaches determining if the new efficiency is higher than the present and if affirmative, start the next chiller) Bitondo doesn’t teach, the estimated efficiency being determined based on a relationship between a thermal transfer rate of each chiller, a parameter related to a power consumption of each chiller…., and a lift of each chiller; (Kirkman in ¶0035 teaches In an embodiment, controller 116 can be configured to map each of the compressors 104 a-n to operate at various load points and various lift points in order to generate efficiency data. The efficiency data can be, for example, power consumption when operated at the predetermined lift and load points (thermal transfer rate)) Kirkman is an art in the area of interest as it teaches, determining real time efficiency curves for the compressors (Abstract). Although Bitondo in Column 6 Line 49-55 teaches determining efficiency however it doesn’t teach efficiency being determined based on a relationship between a thermal transfer rate of each chiller, a parameter related to a power consumption of each chiller, and a lift of each chiller. A combination of Kirkman with Bitondo would teach calculating efficiency based on a relationship between a thermal transfer rate of each chiller, a parameter related to a power consumption of each chiller, and a lift of each chiller. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Kirkman with Bitondo. One would have been motivated to do so because doing so would allow for compressor selection to account for the effects of lift and load on compressor efficiency. From the models of compressor efficiency, composite efficiency of the chiller system as a whole can be determined and compressor selection can be based on improving this composite efficiency, improving compressor selection and staging and thus providing increased efficiency for the chiller system, as taught by Kirkman in ¶0025. Bitondo and Kirkman doesn’t explicitly teach, a parameter related to a power consumption of each chiller that defines the estimated efficiency based on an amount of a pollutant emitted generating the power consumed by the chiller, (Bitondo and Kirkman doesn’t teach a parameter related to an amount of a pollutant emitted generating the power consumed by the chiller. Saidur teaches an amount of a pollutant emitted generating the power consumed by the chiller. Equation [26], p.5326, section 2.3.3 teaches, determining emission (pollutant emitted) reduction parameter based on percentage of electricity generation by fuel type used om the power consumed by the chiller). Saidur is an art in the area of interest as it relates to chillers energy consumption (Saidur: abstract). Kirkman already teaches efficiency data based on a relationship between a thermal transfer rate of each chiller, a parameter related to a power consumption of each chiller and a lift of each chiller (See Kirkman ¶0035). It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Saidur with Bitondo and Kirkman to include a parameter related to pollutant emitted generating the power consumed by the chiller in the efficiency determination. One would have been motivated to do so because doing so would allow for accounting for emission in determining chiller operation because it has been found that 1,274,692 kg of CO2 emission could be avoided for using energy efficient chillers at 50% load. and about 2,426,769 kg CO2 emission can be reduced by using variable speed drives for 60% speed reductions, as taught by Saidur in Abstract. Regarding claim 2, Bitondo, Kirkman and Saidur teaches, The method of claim 1, further comprising: generating a performance curve for each chiller, each performance curve defining the relationship between the thermal transfer rate of the chiller, the parameter related to the power consumption of the chiller, and the lift of the chiller. (Kirkman in ¶0035 teaches, In an embodiment, controller 116 can be configured to map each of the compressors 104 a-n to operate at various load points and various lift points in order to generate efficiency data. The efficiency data can be, for example, power consumption when operated at the predetermined lift and load points. Controller 116 can further be configured to store the resulting efficiency data for use in subsequent control of operations, for example using it to compute an efficiency curve such as a coefficient of performance which can be used to determine efficiency of that compressor under certain load and lift conditions) Regarding claim 6, Bitondo, Kirkman and Saidur teaches, The method of claim 2, wherein the staging operation is bringing the offline chiller online, and determining the estimated efficiency of the chiller group for the staging operation comprises: distributing the thermal load between the offline chiller being brought online, and one or more online chillers; estimating an efficiency of each chiller carrying at least a portion of the thermal load based on the performance curve of the respective chiller; and determining a weighted average of the estimated efficiency of each chiller to generate the estimated efficiency of the chiller group. (Bitondo in Column 11 Line 8-40 teaches, If the determination in step 112 is negative, data base and optimizer DBO, in step 116, selects the next chiller to be started from its lead/lag schedule and calculates a new system coefficient of performance using an iterative investigation of the matrix for the next chiller and the matrices for the present chillers. Column 7 Line 35-50 teaches calculating new system COP by using weighted average of each chillers COP) Regarding claim 7, Bitondo, Kirkman and Saidur teaches, The method of claim 2, wherein the staging operation is taking the online chiller offline, and determining the estimated efficiency of the chiller group for the staging operation comprises: distributing the thermal load carried by the chiller being taken offline between one or more remaining online chillers; estimating an efficiency of each of the one or more remaining online chillers based on the performance curve of the respective chiller; and determining a weighted average of the estimated efficiencies of each of the one or more remaining online chillers to generate the estimated efficiency of the chiller group. (Bitondo in Column 11 Line 42-68 teaches, optimizer DBO, in step 134, calculates a new system coefficient of performance for a system excluding the next chiller, using only the matrices for the remaining chillers. Column 7 Line 35-50 teaches calculating new system COP by using weighted average of each chillers COP) Regarding claim 8, Bitondo, Kirkman and Saidur teaches, determining the estimated efficiency of the chiller group for the staging operation comprises: estimating an efficiency of each remaining online chiller and the chiller being brought online based on the performance curve of the respective chiller; and determining a weighted average of the estimated efficiencies of the chillers to generate the estimated efficiency of the chiller group. (Bitondo in Column 7 Line 35-50 teaches calculating new system COP by using weighted average of each chillers COP)) Bitondo, Kirkman and Saidur as combined doesn’t explicitly teach, The method of claim 2, wherein the staging operation includes both bringing the offline chiller online and taking the online chiller offline, …. distributing the thermal load from the chiller being taken offline to the chiller being brought online; (Kirkman in ¶0044-¶0046 teaches capacity change operation which includes any suitable change in operation of the compressors in use to meet the chiller demand received at 302, for example by one or more of changing the loading of one or more compressors currently in operation, initiating operation of a compressor not currently in operation, or ceasing operation of a compressor currently in operation and identifying staging points for chillers at which one or more specific compressors of the chiller system should initiate or cease operations) Kirkman is an art in the area of interest as it teaches, determining real time efficiency curves for the compressors (Abstract). Although Bitondo in Fig. 5A-5B teaches staring a new chiller and stopping a chiller, however it doesn’t explicitly teach a staging operation which includes both brining an offline chiller online and taking an online chiller offline. A combination of Kirkman with Bitondo, Kirkman and Saidur as modified would teach both brining an offline chiller online and taking an online chiller offline. It would have been obvious to one of ordinary skill in the art before the effective filing date to further modify Bitondo, Kirkman and Saidur with teaching of Kirkman. One would have been motivated to do so because doing so would allow operating the system with a combination that provides the greatest efficiency and/or the lowest energy consumption of combinations of compressors or operations thereof that meets the chiller demand, as taught by Kirkman in ¶0045. Regarding claim 9, Bitondo, Kirkman and Saidur teaches, The method of claim 2, further comprising: monitoring one or more operating conditions of each chiller; and storing the one or more operating conditions in a database, wherein the performance curve is generated based on the one or more operating conditions. (Bitondo in Column 5 Line 65- Column 6 Line 55 teaches receiving sensor data and storing it in a data base and using the data to calculate efficiency. Kirkman in ¶0037 teaches operating the compressor 202 at each of a plurality of load points within each of a plurality of lift points, recording efficiency data 204 at each of said plurality of load points within each of said plurality of lift points. ¶0039 teaches The efficiency data can be, for example, a power consumption by the compressor being modeled when operated under the particular load and lift conditions. The efficiency curves can be used to model the efficiency of the compressor at various load levels for a variety of different lift points.) Regarding claim 11, Bitondo teaches, A system comprising: a chiller group including a plurality of chillers; (Column 3 Line 42-45 teaches chiller water system includes chillers 1, 2, ... n.) one or more processors operatively coupled to the plurality of chillers; and a memory coupled to the one or more processors and including program code that, when executed by the one or more processors, causes the system to: (Column 5 Line optimizer DBO are implemented as part of a programmed data processor) determine a thermal load on the chiller group; (Column 7 Line 29-32 teaches determining new total operating capacity) determine a current efficiency of the chiller group; (¶Column 10 Line 65- Column 11 Line 3 and Column 7 Line 39-45 teaches determining present coefficients of performance) determine an estimated efficiency of the chiller group after executing a staging operation including one of bringing an offline chiller online, taking an online chiller offline, or both bringing the offline chiller online and taking the online chiller offline, (Column 11 Line 8-15 teaches selecting the next chiller to be started from its lead/lag schedule and calculating a new system coefficient of performance using an iterative investigation of the matrix for the next chiller and the matrices for the present chillers) the estimated efficiency being higher than the current efficiency… stage the chiller group according to the staging operation by causing the chiller group to one of bring the offline chiller online, take the online chiller offline, or both bring the offline chiller online and take the online chiller offline. (Column 11 Line 8-20 teaches determining if the new efficiency is higher than the present and if affirmative, start the next chiller) Bitondo doesn’t teach, the estimated efficiency being determined based on a relationship between a thermal transfer rate of each chiller, a parameter related to a power consumption of each chiller…., and a lift of each chiller; (Kirkman in ¶0035 teaches In an embodiment, controller 116 can be configured to map each of the compressors 104 a-n to operate at various load points and various lift points in order to generate efficiency data. The efficiency data can be, for example, power consumption when operated at the predetermined lift and load points (thermal transfer rate)) Kirkman is an art in the area of interest as it teaches, determining real time efficiency curves for the compressors (Abstract). Although Bitondo in Column 6 Line 49-55 teaches determining efficiency however it doesn’t teach efficiency being determined based on a relationship between a thermal transfer rate of each chiller, a parameter related to a power consumption of each chiller, and a lift of each chiller. A combination of Kirkman with Bitondo would teach calculating efficiency based on a relationship between a thermal transfer rate of each chiller, a parameter related to a power consumption of each chiller, and a lift of each chiller. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Kirkman with Bitondo. One would have been motivated to do so because doing so would allow for compressor selection to account for the effects of lift and load on compressor efficiency. From the models of compressor efficiency, composite efficiency of the chiller system as a whole can be determined and compressor selection can be based on improving this composite efficiency, improving compressor selection and staging and thus providing increased efficiency for the chiller system, as taught by Kirkman in ¶0025. Bitondo and Kirkman doesn’t explicitly teach, a parameter related to a power consumption of each chiller that defines the estimated efficiency based on an amount of a pollutant emitted generating the power consumed by the chiller, (Bitondo and Kirkman doesn’t teach a parameter related to an amount of a pollutant emitted generating the power consumed by the chiller. Saidur teaches an amount of a pollutant emitted generating the power consumed by the chiller. Equation [26], p.5326, section 2.3.3 teaches, determining emission (pollutant emitted) reduction parameter based on percentage of electricity generation by fuel type used om the power consumed by the chiller). Saidur is an art in the area of interest as it relates to chillers energy consumption (Saidur: abstract). Kirkman already teaches efficiency data based on a relationship between a thermal transfer rate of each chiller, a parameter related to a power consumption of each chiller and a lift of each chiller (See Kirkman ¶0035). It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Saidur with Bitondo and Kirkman to include a parameter related to pollutant emitted generating the power consumed by the chiller in the efficiency determination. One would have been motivated to do so because doing so would allow for accounting for emission in determining chiller operation because it has been found that 1,274,692 kg of CO2 emission could be avoided for using energy efficient chillers at 50% load. and about 2,426,769 kg CO2 emission can be reduced by using variable speed drives for 60% speed reductions, as taught by Saidur in Abstract. Regarding claim 12, Bitondo, Kirkman and Saidur teaches, The system of claim 11, wherein the program code further causes the system to: generate a performance curve for each chiller, each performance curve defining the relationship between the thermal transfer rate of the chiller, the parameter related to the power consumption of the chiller, and the lift of the chiller. (Kirkman in ¶0035 teaches, In an embodiment, controller 116 can be configured to map each of the compressors 104 a-n to operate at various load points and various lift points in order to generate efficiency data. The efficiency data can be, for example, power consumption when operated at the predetermined lift and load points. Controller 116 can further be configured to store the resulting efficiency data for use in subsequent control of operations, for example using it to compute an efficiency curve such as a coefficient of performance which can be used to determine efficiency of that compressor under certain load and lift conditions) Regarding claim 15, Bitondo, Kirkman and Saidur teaches, The system of claim 12, wherein the staging operation is bringing the offline chiller online, and the program code causes the system to determine the estimated efficiency of the chiller group for the staging operation by: distributing the thermal load between the offline chiller being brought online, and one or more online chillers; estimating an efficiency of each chiller carrying at least a portion of the thermal load based on the performance curve of the respective chiller; and determining a weighted average of the estimated efficiency of each chiller to generate the estimated efficiency of the chiller group. (Bitondo in Column 11 Line 8-40 teaches, If the determination in step 112 is negative, data base and optimizer DBO, in step 116, selects the next chiller to be started from its lead/lag schedule and calculates a new system coefficient of performance using an iterative investigation of the matrix for the next chiller and the matrices for the present chillers. Column 7 Line 35-50 teaches calculating new system COP by using weighted average of each chillers COP) Regarding claim 16, Bitondo, Kirkman and Saidur teaches, The system of claim 12, wherein the staging operation is taking the online chiller offline, and the program code causes the system to determine the estimated efficiency of the chiller group for the staging operation by: distributing the thermal load carried by the chiller being taken offline between one or more remaining online chillers; estimating an efficiency of each of the one or more remaining online chillers based on the performance curve of the respective chiller; and determining a weighted average of the estimated efficiencies of each of the one or more remaining online chillers to generate the estimated efficiency of the chiller group. (Bitondo in Column 11 Line 42-68 teaches, optimizer DBO, in step 134, calculates a new system coefficient of performance for a system excluding the next chiller, using only the matrices for the remaining chillers. Column 7 Line 35-50 teaches calculating new system COP by using weighted average of each chillers COP) Regarding claim 17, Bitondo, Kirkman and Saidur teaches, The system of claim 12, the program code causes the system to determine the estimated efficiency of the chiller group for the staging operation by: estimating an efficiency of each remaining online chiller and the chiller being brought online based on the performance curve of the respective chiller; and determining a weighted average of the estimated efficiencies of the chillers to generate the estimated efficiency of the chiller group. (Bitondo in Column 7 Line 35-50 teaches calculating new system COP by using weighted average of each chillers COP)) Bitondo, Kirkman and Saidur as combined doesn’t explicitly teach, wherein the staging operation includes both bringing the offline chiller online and taking the online chiller offline, and…. distributing the thermal load from the chiller being taken offline to the chiller being brought online; (Kirkman in ¶0044-¶0046 teaches capacity change operation which includes any suitable change in operation of the compressors in use to meet the chiller demand received at 302, for example by one or more of changing the loading of one or more compressors currently in operation, initiating operation of a compressor not currently in operation, or ceasing operation of a compressor currently in operation and identifying staging points for chillers at which one or more specific compressors of the chiller system should initiate or cease operations) Kirkman is an art in the area of interest as it teaches, determining real time efficiency curves for the compressors (Abstract). Although Bitondo in Fig. 5A-5B teaches staring a new chiller and stopping a chiller, however it doesn’t explicitly teach a staging operation which includes both brining an offline chiller online and taking an online chiller offline. A combination of Kirkman with Bitondo, Kirkman and Saidur as modified would teach both brining an offline chiller online and taking an online chiller offline. It would have been obvious to one of ordinary skill in the art before the effective filing date to further modify Bitondo, Kirkman and Saidur with teaching of Kirkman. One would have been motivated to do so because doing so would allow operating the system with a combination that provides the greatest efficiency and/or the lowest energy consumption of combinations of compressors or operations thereof that meets the chiller demand, as taught by Kirkman in ¶0045. Regarding claim 18, Bitondo, Kirkman and Saidur teaches, The system of claim 12, wherein the program code further causes the system to: monitor one or more operating conditions of each chiller; and store the one or more operating conditions in a database, wherein the performance curve is generated based on the one or more operating conditions. (Bitondo in Column 5 Line 65- Column 6 Line 55 teaches receiving sensor data and storing it in a data base and using the data to calculate efficiency. Kirkman in ¶0037 teaches operating the compressor 202 at each of a plurality of load points within each of a plurality of lift points, recording efficiency data 204 at each of said plurality of load points within each of said plurality of lift points. ¶0039 teaches The efficiency data can be, for example, a power consumption by the compressor being modeled when operated under the particular load and lift conditions. The efficiency curves can be used to model the efficiency of the compressor at various load levels for a variety of different lift points.) Regarding claim 20, Bitondo teaches, A computer program product comprising: a non-transitory computer-readable storage medium; and program code stored on the non-transitory computer-readable storage medium that, when executed by one or more processors, causes the one or more processors to: (Column 5 Line optimizer DBO are implemented as part of a programmed data processor) determine a thermal load on the chiller group; (Column 7 l. 29-32 teaches determining new total operating capacity) determine a current efficiency of the chiller group; (¶Column 10 Line 65- Column 11 Line 3 and Column 7 Line 39-45 teaches determining present coefficients of performance) determine an estimated efficiency of the chiller group after executing a staging operation including one of bringing an offline chiller online, taking an online chiller offline, or both bringing the offline chiller online and taking the online chiller offline; and (Column 11 Line 8-15 teaches selecting the next chiller to be started from its lead/lag schedule and calculating a new system coefficient of performance using an iterative investigation of the matrix for the next chiller and the matrices for the present chillers) the estimated efficiency being higher than the current efficiency ….stage the chiller group according to the staging operation by causing the chiller group to one of bring the offline chiller online, take the online chiller offline, or both bring the offline chiller online and take the online chiller offline (Column 11 Line 8-20 teaches determining if the new efficiency is higher than the present and if affirmative, start the next chiller) Bitondo doesn’t teach, the estimated efficiency being determined based on a relationship between a thermal transfer rate of each chiller, a parameter related to a power consumption of each chiller….., and a lift of each chiller; (Although Bitondo in Column 6 Line 49-55 teaches determining efficiency however it doesn’t teach efficiency being determined based on a relationship between a thermal transfer rate of each chiller, a parameter related to a power consumption of each chiller, and a lift of each chiller. Kirkman in ¶0035 teaches In an embodiment, controller 116 can be configured to map each of the compressors 104 a-n to operate at various load points and various lift points in order to generate efficiency data. The efficiency data can be, for example, power consumption when operated at the predetermined lift and load points (thermal transfer rate)) Kirkman is an art in the area of interest as it teaches, determining real time efficiency curves for the compressors (Abstract). A combination of Kirkman with Bitondo would teach calculating efficiency based on a relationship between a thermal transfer rate of each chiller, a parameter related to a power consumption of each chiller, and a lift of each chiller. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Kirkman with Bitondo. One would have been motivated to do so because doing so would allow for compressor selection to account for the effects of lift and load on compressor efficiency. From the models of compressor efficiency, composite efficiency of the chiller system as a whole can be determined and compressor selection can be based on improving this composite efficiency, improving compressor selection and staging and thus providing increased efficiency for the chiller system, as taught by Kirkman in ¶0025. Bitondo and Kirkman doesn’t explicitly teach, a parameter related to a power consumption of each chiller that defines the estimated efficiency based on an amount of a pollutant emitted generating the power consumed by the chiller, (Bitondo and Kirkman doesn’t teach a parameter related to an amount of a pollutant emitted generating the power consumed by the chiller. Smith teaches an amount of a pollutant emitted generating the power consumed by the chiller. Equation [26], p.5326, section 2.3.3 teaches, determining emission (pollutant emitted) reduction parameter based on percentage of electricity generation by fuel type used om the power consumed by the chiller). Saidur is an art in the area of interest as it relates to chillers energy consumption (Saidur: abstract). Kirkman already teaches efficiency data based on a relationship between a thermal transfer rate of each chiller, a parameter related to a power consumption of each chiller and a lift of each chiller (See Kirkman ¶0035). It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Saidur with Bitondo and Kirkman to include a parameter related to pollutant emitted generating the power consumed by the chiller in the efficiency determination. One would have been motivated to do so because doing so would allow for accounting for emission in determining chiller operation because it has been found that 1,274,692 kg of CO2 emission could be avoided for using energy efficient chillers at 50% load. and about 2,426,769 kg CO2 emission can be reduced by using variable speed drives for 60% speed reductions, as taught by Saidur in Abstract. Claim(s) 3, 5 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bitondo (US4483152A) hereinafter Bitondo in view of Kirkman et. al. (US20220196309A1) hereinafter Kirkman and further in view of Saidur (Chillers energy consumption, energy savings and emission analysis in an institutional buildings) and further in view of Farooq (Understanding Chiller Efficiency) hereinafter Farooq. Regarding claim 3, Bitondo, Kirkman and Saidur teaches, The method of claim 2, determining a value of the parameter of the chiller at each of a plurality of thermal transfer rates and lifts of the chiller; (Kirkman in ¶0034 teaches Controller 116 can be operatively connected to compressors 104 a-n such that controller 116 can receive power consumption data.) Bitondo, Kirkman and Saidur doesn’t teach, determining a ratio of the value of the parameter and the thermal transfer rate of the chiller at each thermal transfer rate and lift based on the value of the parameter at the thermal transfer rate and lift; and defining the performance curve base on the ratio at each of a plurality of thermal transfer rates and lifts. (Although Kirkman in ¶0035 teaches generating efficiency curve based on efficiency data based on power consumption when operated at various load points and lifts, it doesn’t explicitly teach the efficiency data as a ratio of the value of the parameter and the thermal transfer rate of the chiller at each thermal transfer rate. Farooq in Page 2 section Cooling Load in - kW/ton teaches a ratio of KW/ton = Pc / Er, Where Pc = energy consumption (kW); Er = heat removed (ton) as a measure of efficiency) Farooq is an art in the area of interest as it teaches Understanding Chiller Efficiency (Title). A combination of Farooq with Bitondo, Kirkman and Saidur would allow using the claimed ratio as a measurement of efficiency. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Farooq with Bitondo, Kirkman and Saidur to substitute the efficiency calculation Bitondo, Kirkman and Saidur with Farooq. Kirkman already teaches determining efficiency based on power consumption and load. Farooq shows the claimed ratio for determining efficiency of a chiller was known in the prior art at the time of the invention. Since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself- that is in the substitution of the efficiency equation of Farooq for the efficiency calculation of Kirkman. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious. Regarding claim 5, Bitondo, Kirkman, Saidur and Farooq teaches, The method of claim 3, wherein the performance curve is generated for each of a plurality of operating conditions. (Kirkman in ¶0035 teaches generating efficiency curve based on efficiency data based on power consumption when operated at various load points and lifts) Regarding claim 13, Bitondo, Kirkman and Saidur teaches, The system of claim 12, wherein the program code further causes the system to generate the performance curve by: determining a value of the parameter of the chiller at each of a plurality of thermal transfer rates and lifts of the chiller; (Kirkman in ¶0034 teaches Controller 116 can be operatively connected to compressors 104 a-n such that controller 116 can receive power consumption data.) Bitondo, Kirkman and Saidur doesn’t teach, determining a ratio of the value of the parameter and the thermal transfer rate of the chiller at each thermal transfer rate and lift based on the value of the parameter at the thermal transfer rate and lift; and defining the performance curve base on the ratio at each of a plurality of thermal transfer rates and lifts. (Although Kirkman in ¶0035 teaches generating efficiency curve based on efficiency data based on power consumption when operated at various load points and lifts, it doesn’t explicitly teach the efficiency data as a ratio of the value of the parameter and the thermal transfer rate of the chiller at each thermal transfer rate. Farooq in Page 2 section Cooling Load in - kW/ton teaches a ratio of KW/ton = Pc / Er, Where Pc = energy consumption (kW); Er = heat removed (ton) as a measure of efficiency) Farooq is an art in the area of interest as it teaches Understanding Chiller Efficiency (Title). A combination of Farooq with Bitondo, Kirkman and Saidur would allow using the claimed ratio as a measurement of efficiency. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Farooq with Bitondo, Kirkman and Saidur to substitute the efficiency calculation of Bitondo, Kirkman and Saidur with Farooq. Kirkman already teaches determining efficiency based on power consumption and load. Farooq shows the claimed ratio for determining efficiency of a chiller was known in the prior art at the time of the invention. Since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself- that is in the substitution of the efficiency equation of Farooq for the efficiency calculation of Kirkman. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bitondo (US4483152A) hereinafter Bitondo in view of Kirkman et. al. (US20220196309A1) hereinafter Kirkman and further in view of Saidur (Chillers energy consumption, energy savings and emission analysis in an institutional buildings) and further in view of Farooq (Understanding Chiller Efficiency) hereinafter Farooq and further in view of Spethmann (US4463574A) Regarding claim 4, Bitondo, Kirkman, Saidur and Farooq teaches, The method of claim 3, wherein the parameter is further based on an amount of power being consumed by the chiller (Kirkman in ¶0034 and ¶0035 teaches power consumption) Bitondo, Kirkman, Saidur and Farooq doesn’t explicitly teach, wherein the parameter is further based on …a cost of the power being consumed by the chiller. (Spethmann in Column 6 Line 56- Column 7 line 7 and Fig. 6 teaches chiller efficiency determined based on a relationship between energy cost and chiller capacity) Spethmann is an art in the area of interest as it teaches, optimally selecting a combination of chillers having dissimilar efficiency characteristics (see Abstract). A combination of Spethmann with Bitondo, Kirkman, Saidur and Farooq would allow the system to determine chiller efficiency based on a cost parameter. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Spethmann with Bitondo, Kirkman, Saidur and Farooq. One would have been motivated to do so because doing so would allow determining chiller combination that would result in lowest cost to meet building load, as taught by Spethmann in Column 7 Line 22-24. Claim(s) 10 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bitondo (US4483152A) hereinafter Bitondo in view of Kirkman et. al. (US20220196309A1) hereinafter Kirkman and further in view of Saidur (Chillers energy consumption, energy savings and emission analysis in an institutional buildings) and further in view of Durkin (Dedicated Heat Recovery). Regarding claim 10, Bitondo, Kirkman and Saidur teaches, The method of claim 1, wherein at least one chiller of the plurality of chillers is a heat recovery chiller, the thermal load includes a cooling load and a heating load, (Kirkman in ¶0030 teaches The heat can be rejected to, as a non-limiting example, the ambient environment of that condenser 106 a-n or to another fluid circuit such as for example for use in heat recovery.) Bitondo, Kirkman and Saidur doesn’t teach, determining a reduction in a value of the parameter related to the power consumption of the heat recovery chiller resulting from the heat recovery chiller providing heat to the heating load; and adjusting one or both of the current efficiency of the chiller group and the estimated efficiency of the chiller group by taking into account the reduction in the value of the parameter resulting from the heat recovery chiller providing heat to the heating load. (Durkin in page 20-21, section teaches reduction in energy consumption to 33.5kW from 61.5KW when transferring condenser heat to domestic water systems and an adjusted COP calculation based on reduction in energy consumption) Durkin is an art in the area of interest as it teaches dedicated heat recovery chiller. A combination of Durkin with Bitondo, Kirkman and Saidur would allow the combined system to determine a reduction in energy consumption by providing heat to the heating load and adjusting current efficiency of the chiller group and the estimated efficiency of the chiller group by taking into account the reduction in the value in energy consumption. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Durkin with Bitondo, Kirkman and Saidur. One would have been motivated to do so because doing would allow determining a reduction in energy consumption and an increase in COP when heat is recovered from chiller system. Regarding claim 19, Bitondo, Kirkman and Saidur teaches, The system of claim 18, wherein at least one chiller of the plurality of chillers is a heat recovery chiller, the thermal load includes a cooling load and a heating load, and the program code further causes the system to: (Kirkman in ¶0030 teaches The heat can be rejected to, as a non-limiting example, the ambient environment of that condenser 106 a-n or to another fluid circuit such as for example for use in heat recovery.) Bitondo, Kirkman and Saidur doesn’t teach, determining a reduction in a value of the parameter related to the power consumption of the heat recovery chiller resulting from the heat recovery chiller providing heat to the heating load; and adjust one or both of the current efficiency of the chiller group and the estimated efficiency of the chiller group by taking into account the reduction in the value of the parameter resulting from the heat recovery chiller providing heat to the heating load. (Durkin in page 20-21, section teaches reduction in energy consumption to 33.5kW from 61.5KW when transferring condenser heat to domestic water systems and an adjusted COP calculation based on reduction in energy consumption) Durkin is an art in the area of interest as it teaches dedicated heat recovery chiller. A combination of Durkin with Bitondo, Kirkman and Saidur would allow the combined system to determine a reduction in energy consumption by providing heat to the heating load and adjusting current efficiency of the chiller group and the estimated efficiency of the chiller group by taking into account the reduction in the value in energy consumption. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Durkin with Bitondo, Kirkman and Saidur. One would have been motivated to do so because doing would allow determining a reduction in energy consumption and an increase in COP when heat is recovered from chiller system. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bitondo (US4483152A) hereinafter Bitondo in view of Kirkman et. al. (US20220196309A1) hereinafter Kirkman and further in view of Saidur (Chillers energy consumption, energy savings and emission analysis in an institutional buildings) and further in view of Spethmann (US4463574A). Regarding claim 14, Bitondo, Kirkman and Saidur teaches, The system of claim 12, wherein the parameter is further based on an amount of power being consumed by the chiller and a cost of the power being consumed by the chiller. (Kirkman in ¶0034 and ¶0035 teaches power consumption) Bitondo, Kirkman and Saidur doesn’t explicitly teach, wherein the parameter is further based on …a cost of the power being consumed by the chiller. (Spethmann in Column 6 Line 56- Column 7 line 7 and Fig. 6 teaches chiller efficiency determined based
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Prosecution Timeline

May 18, 2022
Application Filed
Aug 29, 2023
Response after Non-Final Action
Jan 21, 2025
Non-Final Rejection — §103, §112
Jun 24, 2025
Interview Requested
Jul 02, 2025
Examiner Interview Summary
Jul 02, 2025
Applicant Interview (Telephonic)
Jul 23, 2025
Response Filed
Nov 15, 2025
Final Rejection — §103, §112 (current)

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