DETAILED ACTION
This Office Action is in response to the Amendment filed on 02/10/2026
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/10/2026 is being considered by the examiner.
Response to Arguments
Applicant’s arguments with respect to claim(s 1, 10 and 16 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.
Applicant in page 10-11 of the remarks filed 02/10/2026 argues Sako (U.S. Patent Application Publication No. 2013/0138256) fails to teach the limitations of the amended independent claim. This argument is moot as Sako is not being relied upon for teaching the limitations being challenged in the argument. The amended claims 1, 10 and 16 are being rejected in view of Wenzel (US20230253787A1).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1, 3, 10, 12 and 16 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 4, 9, 12, 14 and 20 of U.S. Patent No. US12416438B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant Application No. 17950903
U.S. Patent No. US12416438B2
1. A computer-implemented method, comprising:
receiving, at an energy management device and at a first time, a marginal emissions signal that identifies a first grid energy source and a second grid energy source to service an additional electrical demand;
generating, by the energy management device, a control signal for a refrigerant climate control system to use the second grid energy source based at least in part on the marginal emissions signal; and
providing, by the energy management device, the control signal to a controller of the refrigerant climate control system that is separate from the energy management device, wherein the control signal is configured to cause the controller to operate the refrigerant climate control system with power from the second grid energy source at a second time that is later than the first time.
1. A computer-implemented method, comprising:
maintaining climate control information for a plurality of refrigerant climate control systems located at a plurality of different geographic locations within a predefined geographic region, wherein each refrigerant climate control system of the plurality of refrigerant climate control systems comprises a system that utilizes refrigerant to transfer heat from one location to another;
receiving energy optimization information that describes a characteristic associated with an electrical energy grid comprising a plurality of energy generation sources configured to provide electricity to at least some of the plurality of refrigerant climate control systems located within the predefined geographic region, wherein the characteristic is a present characteristic or a forecasted characteristic; and
generating a set of control signals for a set of refrigerant climate control systems of the plurality of refrigerant climate control systems based at least in part on the climate control information and the energy optimization information; and
sending the set of control signals to the set of refrigerant climate control systems, wherein each control signal is configured to cause the respective refrigerant climate control system to operate using the electricity from the electrical energy source.
4. The computer-implemented method of claim 1, wherein the energy optimization information comprises at least one of a marginal emissions signal…..
10. An energy management device, comprising:
a memory comprising computer-executable instructions; and
a processor configured to access the memory and execute the computer-executable instructions to at least:
receive an energy optimization signal that describes a characteristic associated with an electrical energy source, wherein the characteristic is a present characteristic or a forecasted characteristic, wherein the energy optimization signal comprises a marginal emissions signal represents a type of energy generation source to service an additional electrical demand;
generate a control signal for a refrigerant climate control system to use the electrical energy source based at least in part on the characteristic of the energy optimization signal; and
provide the control signal to a controller of the refrigerant climate control system that is separate from the energy management device.
9. A computer system, comprising:
a memory comprising computer-executable instructions; and
a processor configured to access the memory and execute the computer- executable instructions to at least:
maintain climate control information for a plurality of refrigerant climate control systems located at a plurality of different geographic locations within a predefined geographic region, wherein each refrigerant climate control system of the
plurality of refrigerant climate control systems comprises a system that utilizes refrigerant to transfer heat from one location to another;
receive energy optimization information that describes a characteristic associated with an electrical energy grid comprising a plurality of energy generation sources configured to provide electricity to at least some of the plurality of refrigerant climate control systems located within the predefined geographic region,
wherein the characteristic is a present characteristic or a forecasted characteristic; and generate a set of control signals for a set of refrigerant climate control systems of the plurality of refrigerant climate control systems based at least in part on the climate control information and the energy optimization information; and
send the set of control signals to the set of refrigerant climate control systems, wherein each control signal of the set of control signals is configured to cause the respective refrigerant climate control system to operate using the electricity from the electrical energy source.
12. The computer system of claim 9, wherein the energy optimization information comprises at least one of a marginal emissions signal….
16. One or more non-transitory computer-readable media comprising computer-executable instructions that, when executed by one or more processors of an energy management device, cause the energy management device to perform operations comprising:
receiving, at the energy management device, an energy optimization signal that describes a characteristic associated with an electrical energy source, wherein the characteristic is a present characteristic or a forecasted characteristic, wherein the energy optimization signal comprises a marginal emissions signal represents a type of energy generation source to service an additional electrical demand;
generating, by the energy management device, a control signal for a refrigerant climate control system to use the electrical energy source based at least in part on the characteristic of the energy optimization signal; and
providing, by the energy management device, the control signal to a controller of the refrigerant climate control system that is separate from the energy management device..
14. One or more non-transitory computer-readable media comprising computer-executable instructions that, when executed by one or more processors of an electronic device, cause the electronic device to perform operations comprising:
maintaining climate control information for a plurality of different refrigerant climate control systems located at a plurality of different geographic locations within a predefined geographic region, wherein each refrigerant climate control system of the plurality of refrigerant climate control systems comprises a system that utilizes refrigerant to transfer heat from one location to another;
receiving energy optimization information that describes a characteristic associated with an electrical energy grid comprising a plurality of energy generation sources configured to provide electricity to at least some of the plurality of refrigerant climate control systems located within the predefined geographic region, wherein the characteristic is a present characteristic or a forecasted characteristic; and
generating a set of control signals for a set of refrigerant climate control systems of the plurality of refrigerant climate control systems based at least in part on the climate control information and the energy optimization information; and
sending the set of control signals to the set of refrigerant climate control systems, wherein each control signal is configured to cause the respective refrigerant climate control system to operate using the electricity from the electrical energy source.
20. The one or more non-transitory computer-readable media of claim 14, and wherein the energy optimization information comprises at least one of a marginal emissions signal
Regarding claim 1, the instant application claim recites similar limitation as patent claim 4 which includes the limitations of the patent claim 1. The difference between the instant application claim and the patent claim is that the patent claim recites additional limitation regarding “a predefined geographic region” which is not recited in the instant application claim. Therefore the instant application claim is broader than the claim 4 of the patent and as such it is anticipated by the claim 4 of the patent.
Similarly, instant application claim 10 is anticipated by the claim 12 of the patent and instant application claim 16 is anticipated by the patent claim 20.
Claim 2, 5-8, 11, 14-15, 17-18 and 20 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 4, 9, 12, 14 and 20 of U.S. Patent No. US12416438B2 in view of Wenzel (US20230253787A1).
Regarding claim 2, Claim 2 of the instant application depends on claim 1 therefore includes the limitation of claim 1. Claim 2 therefore also recites similar limitation as claim 4 of patent. Claim 2 of the instant application recites additional limitation “wherein receiving the marginal emissions signal comprises receiving the marginal emissions signal from a remote system that monitors characteristics associated with the first and second grid energy sources ” Wenzel in ¶0252 teaches, At step 3104, data relating to available power sources on the energy grid is collected, i.e., identifying the different energy sources and general information on production of the energy sources serving the energy grid. This information is typically available, even where detailed estimates of carbon emissions or real-time MOER are not shared by utility companies. Claim 2 of the instant application is therefore an obvious variant of claim 4 of the patent in view of Wenzel and therefore is not patentably distinct. One of ordinary skill in the art could modify the claim 4 of the patent in view of Wenzel to recite receiving the marginal emissions signal from a remote system that monitors characteristics associated with the first and second grid energy sources. One would have been motivated to do so because doing so would allow time-shifting building equipment to low-carbon periods and away from high-carbon-emissions periods, as taught Wenzel in ¶0255.
Similarly claim 11 is an obvious variant of claim 12 of the patent in view of Wenzel and claim 20 is an obvious variant of claim 20 of the patent in view of Wenzel.
Regarding claim 5, Claim 5 of the instant application depends on claim 1 therefore includes the limitation of claim 1. Claim 5 therefore also recites similar limitation as claim 4 of patent. Claim 5 of the instant application recites additional limitation “wherein the energy management device comprises a home automation system configured to control operation of connected accessories at a dwelling, and the refrigerant climate control system comprises an air conditioning system or a heat pump system of the dwelling.” Although claim 1 of the patent recites, “refrigerant climate control systems comprises a system that utilizes refrigerant to transfer heat from one location to another” it doesn’t explicitly recite a “an air conditioning system or a heat pump system of the dwelling”. Wenzel in ¶0063 teaches AHU controller controls a AHU (air handling unit) which force supply air 310 through cooling coil 334 and/or heating coil 336 and provide supply air 310 to building zone 306. Claim 5 of the instant application is therefore an obvious variant of claim 4 of the patent in view of Wenzel and therefore is not patentably distinct. One of ordinary skill in the art could modify the claim 4 of the patent in view of Wenzel to recite a home automation system and air-conditioner. One would have been motivated to do so because doing so would allow pre-cooling or pre-heating during a low-carbon period (e.g., cooled below a preferred temperature setpoint, heated above a preferred temperature setpoint) to reduce or eliminate operating of cooling equipment (chillers, etc.) during high-carbon periods, as taught by Wenzel in ¶0255.
Regarding claim 6, Claim 6 of the instant application depends on claim 1 therefore includes the limitation of claim 1. Claim 6 therefore also recites similar limitation as claim 4 of patent. Claim 6 of the instant application recites additional limitation “wherein generating the control signal for the refrigerant climate control system comprises optimizing electrical energy use of the refrigerant climate control system based on the marginal emissions signal” Wenzel in ¶0254-¶0255 teaches generating time-varying setpoints based on total carbon emission for time-shifting building equipment to low-carbon periods and away from high-carbon-emissions periods. “For example, a building can be pre-cooled or pre-heated during a low-carbon period (e.g., cooled below a preferred temperature setpoint, heated above a preferred temperature setpoint) to reduce or eliminate operating of cooling equipment (chillers, etc.) during high-carbon periods.”. Claim 6 of the instant application is therefore an obvious variant of claim 4 of the patent in view of Wenzel and therefore is not patentably distinct. One of ordinary skill in the art could modify the claim 4 of the patent in view of Wenzel to recite generating the control signal for the refrigerant climate control system comprises optimizing electrical energy use of the refrigerant climate control system based on the marginal emission signal. One would have been motivated to do so because doing so would allow time-shifting building equipment to low-carbon periods and away from high-carbon-emissions periods, as taught Wenzel in ¶0255.
Similarly claim 14 is an obvious variant of claim 12 of the patent in view of Wenzel.
Regarding claim 7, Claim 7 of the instant application depends on claim 1 therefore includes the limitation of claim 1. Claim 7 therefore also recites similar limitation as claim 4 of patent. Claim 7 of the instant application recites additional limitation “wherein: the control signal comprises a binary flag; in a first state of the binary flag, the binary flag is interpreted by the controller of the refrigerant climate control as a first suggestion to operate a compressor of the refrigerant climate control system; and in a second state of the binary flag, the binary flag is interpreted by the controller of the refrigerant climate control as a second suggestion to refrain from operating the compressor of the refrigerant climate control system.” Wenzel in ¶0254-¶0255 teaches generating time-varying setpoints which include time-shifting building equipment to low-carbon periods and away from high-carbon-emissions periods, pre-cooled or pre-heated during a low-carbon period and eliminating operating of cooling equipment (chillers, etc.) during high-carbon periods. Claim 7 of the instant application is therefore an obvious variant of claim 4 of the patent in view of Wenzel and therefore is not patentably distinct. One of ordinary skill in the art could modify the claim 4 of the patent in view of Wenzel to recite the claimed binary flag. One would have been motivated to do so because doing so would allow time-shifting building equipment to low-carbon periods and away from high-carbon-emissions periods, as taught Wenzel in ¶0255.
Similarly claim 17 is an obvious variant of claim 20 of the patent in view of Wenzel..
Regarding claim 8, Claim 8 of the instant application depends on claim 1 therefore includes the limitation of claim 1. Claim 8 therefore also recites similar limitation as claim 4 of the patent. Claim 8 of the instant application recites additional limitation “wherein the control signal comprises a set of instructions that, when executed by the controller, cause the controller to operate a compressor of the refrigerant climate control system in one of a plurality of modes.” Wenzel in ¶0254-¶0255 teaches operating building equipment is operated in accordance with the optimized setpoints, which includes time-shifting building equipment to low-carbon periods and away from high-carbon-emissions periods. For example, a building can be pre-cooled or pre-heated during a low-carbon period (e.g., cooled below a preferred temperature setpoint, heated above a preferred temperature setpoint) to reduce or eliminate operating of cooling equipment (chillers, etc.) during high-carbon periods. Claim 8 of the instant application is therefore an obvious variant of claim 4 of the patent in view of Wenzel and therefore is not patentably distinct. One of ordinary skill in the art could modify the claim 4 of the patent in view of Wenzel to recite operating a compressor of the refrigerant climate control system in one of a plurality of modes. One would have been motivated to do so because doing so would allow time-shifting building equipment to low-carbon periods and away from high-carbon-emissions periods, as taught Wenzel in ¶0255.
Similarly claim 15 is an obvious variant of claim 12 of the patent in view of Wenzel and claim 18 is an obvious variant of claim 20 of the patent in view of Wenzel.
Claim 4 and 13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 4, 9 and 12 and of patent US12416438B2 in view of Ren ((US20220352717A1).
Regarding claim 4, Claim 4 of the instant application depends on claim 1 therefore includes the limitation of claim 1. Claim 4 therefore also recites similar limitation as claim 4 of the patent. Claim 4 of the instant application recites additional limitation “wherein the first grid energy source comprises a residential power generation system” Ren in ¶0038 teaches power being supplied to power grids from Distributed Energy Resources (DER) including a plurality of residences 214 are coupled to DERs including solar panels 214 a and wind turbines 214 b. Claim 4 of the instant application is therefore an obvious variant of claim 4 of the patent in view of Ren and therefore is not patentably distinct. One of ordinary skill in the art could modify the claim 4 of the patent in view of Ren to recite the electrical energy source comprises a residential power generation system. One would have been motivated to do so because DERs provide a voltage boost to the grid wherever they are connected, DERs can reduce the power required of a base load generator such as a power plant and DER is seen as a mechanism for achieving reduced greenhouse gas emissions and a mechanism for reducing load on the electrical grids in which they are deployed, as taught by Ren in ¶0004.
Similarly claim 13 is an obvious variant of claim 12 of the patent in view of Wenzel.
Claim 9 and 19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 4, 14 and 20 of patent US12416438B2 in view of Wenzel (US20230253787A1) in view of Becker ((US20160187013A1).
Regarding claim 9, Claim 9 of the instant application depends on claim 8 therefore includes the limitation of claim 8. Claim 9 therefore also recites similar limitation as claim 4 of patent modified in view of Wenzel (see rejection with regards to claim 8 above). Claim 9 of the instant application recites additional limitation “wherein the plurality of modes comprises a first mode that fills a receiver of the refrigerant climate control system, and a second mode that serves current demand of the refrigerant climate control system”. Becker in ¶0042 teaches, In the example of FIG. 1A, the compressor 40 is operated as in FIG. 1, at a time desired (e.g. when electricity rates are lower) until the material 90 within the thermal storage 120 achieves the desired temperature. While the compressor 40 runs, a first refrigerant (cold) from the compressor 40 and outside air handler 50 flows through the first set of heat transfer tubes 82 a within the thermal storage 120 and cools and/or freezes the material 90 within the thermal storage 120. ¶0044 teaches, When cooling is required within the structure as determined by, for example, a thermostat or other temperature sensing device, the condensed, liquefied second refrigerant from the thermal storage 120 is pumped into the inside air handler 70 through a high pressure line 74 and optionally. The inside air handler 70 receives the cooled, liquid second refrigerant through the second high-pressure line 74 and the liquid second refrigerant evaporates (changes state to a gas refrigerant) within the coils of the inside air handler 70, extracting heat from air flowing through the inside air handler 70 to provide cool air within the structure (e.g., home, office, refrigerator). Claim 9 of the instant application is therefore an obvious variant of claim 1 of the patent in view of Wenzel and Becker and therefore is not patentably distinct. One of ordinary skill in the art could modify the claim 4 of the patent in view of Wenzel and Becker to recite the claimed method. One would have been motivated to do so because this would allow performing extra work (e.g. drawing extra energy or electricity) during certain time periods when the energy cost is low and to reduce the amount of work (e.g. drawing less energy or electricity) during other time periods when energy cost is high, as taught by Becker in ¶0031. This would reduce the overall cost of operating the air conditioner.
Similarly claim 19 is an obvious variant of claim 20 of the patent in view of Wenzel and Becker.
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 (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 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)(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.
Claim(s) 1-2, 5-8, 10-11, 14-18 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wenzel (US20230253787A1)
Regarding claim 1,
Wenzel teaches, A computer-implemented method, comprising:
receiving, at an energy management device and at a first time, a marginal emissions signal that identifies a first grid energy source and a second grid energy source to service an additional electrical demand; (¶0252 teaches, At step 3104, data relating to available power sources on the energy grid is collected, i.e., identifying the different energy sources and general information on production of the energy sources serving the energy grid. ¶0246 teaches steps being performed by BMS controller 366)
generating, by the energy management device, a control signal for a refrigerant climate control system to use the second grid energy source based at least in part on the marginal emissions signal; and (¶0252 teaches, At step 3108, the data from steps 3104 and 3106 are used to estimate a time-varying value of carbon emissions per unit energy or power (e.g., average, MOER) received from the energy grid. ¶0253 teaches calculating total carbon emission based on time-varying value of carbon emissions per unit energy or power (e.g., average, MOER). ¶0254-¶0255 teaches generating time-varying setpoints based on total carbon emission for time-shifting building equipment to low-carbon periods and away from high-carbon-emissions periods. “For example, a building can be pre-cooled or pre-heated during a low-carbon period (e.g., cooled below a preferred temperature setpoint, heated above a preferred temperature setpoint) to reduce or eliminate operating of cooling equipment (chillers, etc.) during high-carbon periods.”)
providing, by the energy management device, the control signal to a controller of the refrigerant climate control system that is separate from the energy management device, wherein the control signal is configured to cause the controller to operate the refrigerant climate control system with power from the second grid energy source at a second time that is later than the first time. (¶0069 teaches BMS controller sends setpoints to AHU controller. ¶0254-¶0255 teaches generated time-varying setpoints time-shifts building equipment to low-carbon periods and away from high-carbon-emissions periods. “For example, a building can be pre-cooled or pre-heated during a low-carbon period (e.g., cooled below a preferred temperature setpoint, heated above a preferred temperature setpoint) to reduce or eliminate operating of cooling equipment (chillers, etc.) during high-carbon periods.”
Regarding claim 2,
Wenzel teaches, The computer-implemented method of claim 1, wherein receiving the marginal emissions signal comprises receiving the marginal emissions signal from a remote system that monitors characteristics associated with the first and second grid energy sources. (¶0252 teaches, At step 3104, data relating to available power sources on the energy grid is collected, i.e., identifying the different energy sources and general information on production of the energy sources serving the energy grid. This information is typically available, even where detailed estimates of carbon emissions or real-time MOER are not shared by utility companies.)
Regarding claim 5,
Wenzel teaches, The computer-implemented method of claim 1, wherein the energy management device comprises a home automation system configured to control operation of connected accessories at a dwelling, and the refrigerant climate control system comprises an air conditioning system or a heat pump system of the dwelling. (Process 3100 can be executed by the BMS controller 366. ¶0047 teaches A BMS can include, for example, a HVAC system, a security system, a lighting system, a fire alerting system, any other system that is capable of managing building functions or devices, or any combination thereof. ¶0063 teaches AHU controller controls a AHU (air handling unit))
Regarding claim 6,
Wenzel teaches, The computer-implemented method of claim 1, wherein generating the control signal for the refrigerant climate control system comprises optimizing electrical energy use of the refrigerant climate control system based on the marginal emissions signal. (¶0254-¶0255 teaches generating time-varying setpoints based on total carbon emission for time-shifting building equipment to low-carbon periods and away from high-carbon-emissions periods. “For example, a building can be pre-cooled or pre-heated during a low-carbon period (e.g., cooled below a preferred temperature setpoint, heated above a preferred temperature setpoint) to reduce or eliminate operating of cooling equipment (chillers, etc.) during high-carbon periods.”)
Regarding claim 7,
Wenzel teaches, The computer-implemented method of claim 1, wherein: the control signal comprises a binary flag; (¶0254-¶0255 teaches generating time-varying setpoints which include time-shifting building equipment to low-carbon periods and away from high-carbon-emissions periods)
in a first state of the binary flag, the binary flag is interpreted by the controller of the refrigerant climate control as a first suggestion to operate a compressor of the refrigerant climate control system; and (¶0254-¶0255 teaches, pre-cooled or pre-heated during a low-carbon period)
in a second state of the binary flag, the binary flag is interpreted by the controller of the refrigerant climate control as a second suggestion to refrain from operating the compressor of the refrigerant climate control system. (¶0254-¶0255 teaches, eliminating operating of cooling equipment (chillers, etc.) during high-carbon periods)
Regarding claim 8,
Wenzel teaches, The computer-implemented method of claim 1, wherein the control signal comprises a set of instructions that, when executed by the controller, cause the controller to operate a compressor of the refrigerant climate control system in one of a plurality of modes. (¶0254-¶0255 teaches operating building equipment is operated in accordance with the optimized setpoints, which includes time-shifting building equipment to low-carbon periods and away from high-carbon-emissions periods. For example, a building can be pre-cooled or pre-heated during a low-carbon period (e.g., cooled below a preferred temperature setpoint, heated above a preferred temperature setpoint) to reduce or eliminate operating of cooling equipment (chillers, etc.) during high-carbon periods)
Regarding claim 10,
Wenzel teaches, An energy management device, comprising:
a memory comprising computer-executable instructions; and a processor configured to access the memory and execute the computer-executable instructions to at least: (¶0075-¶0076 teaches BMS controller comprising a memory 408 which is communicably connected to processor 406 via processing circuit 404 and includes computer code for executing (e.g., by processing circuit 404 and/or processor 406) one or more processes)
receive, at a first time, a marginal emissions signal identifies a first grid energy source and a second grid energy source to service an additional electrical demand; (¶0252 teaches, At step 3104, data relating to available power sources on the energy grid is collected, i.e., identifying the different energy sources and general information on production of the energy sources serving the energy grid. ¶0246 teaches steps being performed by BMS controller 366)
generate a control signal for a refrigerant climate control system to use the second grid energy source based at least in part on the marginal emissions signal; and (¶0252 teaches, At step 3108, the data from steps 3104 and 3106 are used to estimate a time-varying value of carbon emissions per unit energy or power (e.g., average, MOER) received from the energy grid. ¶0253 teaches calculating total carbon emission based on time-varying value of carbon emissions per unit energy or power (e.g., average, MOER). ¶0254-¶0255 teaches generating time-varying setpoints based on total carbon emission for time-shifting building equipment to low-carbon periods and away from high-carbon-emissions periods. “For example, a building can be pre-cooled or pre-heated during a low-carbon period (e.g., cooled below a preferred temperature setpoint, heated above a preferred temperature setpoint) to reduce or eliminate operating of cooling equipment (chillers, etc.) during high-carbon periods.”)
provide the control signal to a controller of the refrigerant climate control system that is separate from the energy management device, wherein the control signal is configured to cause the controller to operate the refrigerant climate control system with power from the second grid energy source at a second time that is later than the first time. (¶0069 teaches BMS controller sends setpoints to AHU controller. ¶0254-¶0255 teaches generated time-varying setpoints time-shifts building equipment to low-carbon periods and away from high-carbon-emissions periods. “For example, a building can be pre-cooled or pre-heated during a low-carbon period (e.g., cooled below a preferred temperature setpoint, heated above a preferred temperature setpoint) to reduce or eliminate operating of cooling equipment (chillers, etc.) during high-carbon periods.”
Regarding claim 11,
Wenzel teaches, The energy management device of claim 10, wherein receiving the marginal emissions signal comprises receiving the marginal emissions signal from a remote system that monitors characteristics associated with the first and second grid energy sources. (¶0252 teaches, At step 3104, data relating to available power sources on the energy grid is collected, i.e., identifying the different energy sources and general information on production of the energy sources serving the energy grid. This information is typically available, even where detailed estimates of carbon emissions or real-time MOER are not shared by utility companies.)
Regarding claim 14,
Wenzel teaches, The energy management device of claim 10, wherein generating the control signal for the refrigerant climate control system comprises optimizing electrical energy use of the refrigerant climate control system based on the energy optimization signal. (¶0254-¶0255 teaches generating time-varying setpoints based on total carbon emission for time-shifting building equipment to low-carbon periods and away from high-carbon-emissions periods. “For example, a building can be pre-cooled or pre-heated during a low-carbon period (e.g., cooled below a preferred temperature setpoint, heated above a preferred temperature setpoint) to reduce or eliminate operating of cooling equipment (chillers, etc.) during high-carbon periods.”)
Regarding claim 15,
Wenzel teaches, The energy management device of claim 10, wherein the control signal comprises a set of instructions that, when executed by the controller, cause the controller to operate a compressor of the refrigerant climate control system in one of a plurality of modes. (¶0254-¶0255 teaches operating building equipment is operated in accordance with the optimized setpoints, which includes time-shifting building equipment to low-carbon periods and away from high-carbon-emissions periods. For example, a building can be pre-cooled or pre-heated during a low-carbon period (e.g., cooled below a preferred temperature setpoint, heated above a preferred temperature setpoint) to reduce or eliminate operating of cooling equipment (chillers, etc.) during high-carbon periods)
Regarding claim 16,
Wenzel teaches, One or more non-transitory computer-readable media comprising computer-executable instructions that, when executed by one or more processors of an energy management device, cause the energy management device to perform operations comprising: (¶0075-¶0076 teaches BMS controller comprising a memory 408 which is communicably connected to processor 406 via processing circuit 404 and includes computer code for executing (e.g., by processing circuit 404 and/or processor 406) one or more processes)
receiving, at the energy management device and at a first time, a marginal emissions signal that identifies a first grid energy source and a second grid energy source to service an additional electrical demand; (¶0252 teaches, At step 3104, data relating to available power sources on the energy grid is collected, i.e., identifying the different energy sources and general information on production of the energy sources serving the energy grid. ¶0246 teaches steps being performed by BMS controller 366)
generating, by the energy management device, a control signal for a refrigerant climate control system to use the second grid energy source based at least in part on the marginal emissions signal; and. (¶0252 teaches, At step 3108, the data from steps 3104 and 3106 are used to estimate a time-varying value of carbon emissions per unit energy or power (e.g., average, MOER) received from the energy grid. ¶0253 teaches calculating total carbon emission based on time-varying value of carbon emissions per unit energy or power (e.g., average, MOER). ¶0254-¶0255 teaches generating time-varying setpoints based on total carbon emission for time-shifting building equipment to low-carbon periods and away from high-carbon-emissions periods. “For example, a building can be pre-cooled or pre-heated during a low-carbon period (e.g., cooled below a preferred temperature setpoint, heated above a preferred temperature setpoint) to reduce or eliminate operating of cooling equipment (chillers, etc.) during high-carbon periods.”)
providing, by the energy management device, the control signal to a controller of the refrigerant climate control system that is separate from the energy management device, wherein the control signal is configured to cause the controller to operate the refrigerant climate control system with power from the second grid energy source at a second time that is later than the first time. (¶0069 teaches BMS controller sends setpoints to AHU controller. ¶0254-¶0255 teaches generated time-varying setpoints time-shifts building equipment to low-carbon periods and away from high-carbon-emissions periods. “For example, a building can be pre-cooled or pre-heated during a low-carbon period (e.g., cooled below a preferred temperature setpoint, heated above a preferred temperature setpoint) to reduce or eliminate operating of cooling equipment (chillers, etc.) during high-carbon periods.”
Regarding claim 17,
Wenzel teaches, The one or more non-transitory computer-readable media of claim 16, wherein:
the control signal comprises a binary flag; (¶0254-¶0255 teaches generating time-varying setpoints which include time-shifting building equipment to low-carbon periods and away from high-carbon-emissions periods)
in a first state of the binary flag, the binary flag is interpreted by the controller of the refrigerant climate control as a first suggestion to operate a compressor of the refrigerant climate control system; and (¶0254-¶0255 teaches, pre-cooled or pre-heated during a low-carbon period)
in a second state of the binary flag, the binary flag is interpreted by the controller of the refrigerant climate control as a second suggestion to refrain from operating the compressor of the refrigerant climate control system. (¶0254-¶0255 teaches, eliminating operating of cooling equipment (chillers, etc.) during high-carbon periods)
Regarding claim 18,
Wenzel teaches, The one or more non-transitory computer-readable media of claim 16, wherein the control signal comprises a set of instructions that, when executed by the controller, cause the controller to operate a compressor of the refrigerant climate control system in one of a plurality of modes. (¶0254-¶0255 teaches operating building equipment is operated in accordance with the optimized setpoints, which includes time-shifting building equipment to low-carbon periods and away from high-carbon-emissions periods. For example, a building can be pre-cooled or pre-heated during a low-carbon period (e.g., cooled below a preferred temperature setpoint, heated above a preferred temperature setpoint) to reduce or eliminate operating of cooling equipment (chillers, etc.) during high-carbon periods)
Regarding claim 20,
Wenzel teaches, The one or more non-transitory computer-readable media of claim 16, wherein receiving the marginal emissions signal comprises receiving the marginal emissions signal from a remote system that monitors characteristics associated with the first and second grid energy sources. (¶0252 teaches, At step 3104, data relating to available power sources on the energy grid is collected, i.e., identifying the different energy sources and general information on production of the energy sources serving the energy grid. This information is typically available, even where detailed estimates of carbon emissions or real-time MOER are not shared by utility companies.)
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) 4 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wenzel (US20230253787A1) and further in view of Ren ((US20220352717A1) hereinafter Ren.
Regarding claim 4,
Wenzel doesn’t explicitly teach, The computer-implemented method of claim 1, wherein first grid energy source comprises a residential power generation system. (Wenzel in ¶0252 teaches collecting data relating to available power sources on the energy grid. However it doesn’t teach one of the power sources on the energy grid comprises a residential power generation system. Ren in ¶0038 teaches power being supplied to power grids from Distributed Energy Resources (DER) including a plurality of residences 214 are coupled to DERs including solar panels 214 a and wind turbines 214 b)
Ren is an art in the area of interest as it teaches demand response in power grids and networks (see ¶0001). A combination of Ren with Wenzel would teach a power grid with plurality of energy generation sources. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Ren with Wenzel. One would have motivated to do so because DERs provide a voltage boost to the grid wherever they are connected, DERs can reduce the power required of a base load generator such as a power plant and DER is seen as a mechanism for achieving reduced greenhouse gas emissions and a mechanism for reducing load on the electrical grids in which they are deployed, as taught by Ren in ¶0004.
Regarding claim 13,
Wenzel doesn’t explicitly teach, The energy management device of claim 10, wherein the first grid energy source comprises at least one of a residential solar generation system or a residential battery power system. (Wenzel in ¶0252 teaches collecting data relating to available power sources on the energy grid. However it doesn’t teach one of the power sources on the energy grid comprises a residential power generation system. Ren in ¶0038 teaches power being supplied to power grids from Distributed Energy Resources (DER) including a plurality of residences 214 are coupled to DERs including solar panels 214 a and wind turbines 214 b)
Ren is an art in the area of interest as it teaches demand response in power grids and networks (see ¶0001). A combination of Ren with Wenzel would teach a power grid with plurality of energy generation sources. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Ren with Wenzel. One would have motivated to do so because DERs provide a voltage boost to the grid wherever they are connected, DERs can reduce the power required of a base load generator such as a power plant and DER is seen as a mechanism for achieving reduced greenhouse gas emissions and a mechanism for reducing load on the electrical grids in which they are deployed, as taught by Ren in ¶0004.
Claim(s) 9 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wenzel (US20230253787A1) and further in view of Becker ((US20160187013A1) hereinafter Becker.
Regarding claim 9,
Wenzel doesn’t explicitly teach, The computer-implemented method of claim 8, wherein the plurality of modes comprises a first mode that fills a receiver of the refrigerant climate control system, and (Becker in ¶0042 teaches, In the example of FIG. 1A, the compressor 40 is operated as in FIG. 1, at a time desired (e.g. when electricity rates are lower) until the material 90 within the thermal storage 120 achieves the desired temperature. While the compressor 40 runs, a first refrigerant (cold) from the compressor 40 and outside air handler 50 flows through the first set of heat transfer tubes 82 a within the thermal storage 120 and cools and/or freezes the material 90 within the thermal storage 120.)
a second mode that serves current demand of the refrigerant climate control system. (Becker in ¶0044 teaches, When cooling is required within the structure as determined by, for example, a thermostat or other temperature sensing device, the condensed, liquefied second refrigerant from the thermal storage 120 is pumped into the inside air handler 70 through a high pressure line 74 and optionally. The inside air handler 70 receives the cooled, liquid second refrigerant through the second high-pressure line 74 and the liquid second refrigerant evaporates (changes state to a gas refrigerant) within the coils of the inside air handler 70, extracting heat from air flowing through the inside air handler 70 to provide cool air within the structure (e.g., home, office, refrigerator).)
Becker is an art in the area of interest as it relates to air conditioners, and more particularly, to a thermal storage air conditioner (see ¶0001). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the air conditioner and air conditioner operating method of Wenzel in view of Becker to include an air conditioner with thermal storage which could perform the claimed method. One would have been motivated to do so because this would allow performing extra work (e.g. drawing extra energy or electricity) during certain time periods when the energy cost is low and to reduce the amount of work (e.g. drawing less energy or electricity) during other time periods when energy cost is high, as taught by Becker in ¶0031. This would reduce the overall cost of operating the air conditioner.
Regarding claim 19,
Wenzel doesn’t explicitly teach, The one or more non-transitory computer-readable media of claim 18, wherein the plurality of modes comprises a first mode that fills a receiver of the refrigerant climate control system, and (Becker in ¶0042 teaches, In the example of FIG. 1A, the compressor 40 is operated as in FIG. 1, at a time desired (e.g. when electricity rates are lower) until the material 90 within the thermal storage 120 achieves the desired temperature. While the compressor 40 runs, a first refrigerant (cold) from the compressor 40 and outside air handler 50 flows through the first set of heat transfer tubes 82 a within the thermal storage 120 and cools and/or freezes the material 90 within the thermal storage 120.)
a second mode that serves current demand of the refrigerant climate control system. (Becker in ¶0044 teaches, When cooling is required within the structure as determined by, for example, a thermostat or other temperature sensing device, the condensed, liquefied second refrigerant from the thermal storage 120 is pumped into the inside air handler 70 through a high pressure line 74 and optionally. The inside air handler 70 receives the cooled, liquid second refrigerant through the second high-pressure line 74 and the liquid second refrigerant evaporates (changes state to a gas refrigerant) within the coils of the inside air handler 70, extracting heat from air flowing through the inside air handler 70 to provide cool air within the structure (e.g., home, office, refrigerator).)
Becker is an art in the area of interest as it relates to air conditioners, and more particularly, to a thermal storage air conditioner (see ¶0001). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the air conditioner and air conditioner operating method of Wenzel in view of Becker to include an air conditioner with thermal storage which could perform the claimed method. One would have been motivated to do so because this would allow performing extra work (e.g. drawing extra energy or electricity) during certain time periods when the energy cost is low and to reduce the amount of work (e.g. drawing less energy or electricity) during other time periods when energy cost is high, as taught by Becker in ¶0031. This would reduce the overall cost of operating the air conditioner.
Claim(s) 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wenzel (US20230253787A1) and further in view of Sato (US20170198932A1).
Regarding claim 21,
Wenzel doesn’t teach, The computer-implemented method of claim 1, further comprising receiving, by the energy management device, coordinating control information from a coordinating server that coordinates operation of the refrigerant climate control system with other refrigerant climate control systems, wherein generating the control signal for the refrigerant climate control system is based at least in part on the coordinating control information. (Sato in ¶0029 teaches EMS (Energy Management System) 22 receives control-schedules of the air conditioners 21 from the management system 1. ¶0045 and ¶0059 teaches control-schedules are generated by the management system 1 for controlling multiple air conditioners 21 under the control of the consumer 19. ¶0031 teaches, the air-conditioning command unit 27 in the EMS 22 outputs control commands for the air conditioners 21 to the air-conditioning central controller 23 so that the air conditioners 1 will operate in accordance with the received control-schedule. ¶0033 teaches, The management system 1 is provided with an operational unit such as a CPU (Central Processing Unit) and ¶0026 teaches, The management system 1 is connected to each of consumers 19 in a consumer group 18 by a network 20 such as the Internet and a LAN, therefore it teaches a server)
Sato is an art in the area of interest as it teaches, control equipment in order to manage electric power for consumers such as buildings (see ¶0001). A combination of Sato with Wenzel would allow the system to receive coordinating control information from a coordinating server that coordinates operation of the refrigerant climate control system with other refrigerant climate control systems. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Sato with Wenzel. One would have been motivated to do so because this would allow reduction of the electric power usage with the state value set for the area where the device is installed kept within the range in accordance with the power-suppression-time, as taught by Sato in ¶0007.
Regarding claim 22,
Wenzel doesn’t teach, The computer-implemented method of claim 1, further comprising sending, by the energy management device, climate control information to a coordinating server, the climate control information being based on the control signal. (Sato in ¶0035 teaches, The air-conditioning-operation-record collection unit 4 of the management system 1 transmits a transmission request for operation records of air conditioners 21 to an EMS 22 in a consumer 19 via the network 20, collects the operation records of the air conditioners 21 from the EMS 22 in the consumer 19, and stores them in the air-conditioning-operation-record storage 5. ¶0033 teaches, The management system 1 is provided with an operational unit such as a CPU (Central Processing Unit) and ¶0026 teaches, The management system 1 is connected to each of consumers 19 in a consumer group 18 by a network 20 such as the Internet and a LAN, therefore it teaches a server)
Sato is an art in the area of interest as it teaches, control equipment in order to manage electric power for consumers such as buildings (see ¶0001). A combination of Sato with Wenzel would allow the system to send climate control information to a coordinating server. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teaching of Sato with Wenzel. One would have been motivated to do so because this would allow reduction of the electric power usage with the state value set for the area where the device is installed kept within the range in accordance with the power-suppression-time, as taught by Sato in ¶0007.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Haze (US20150308703A1) in ¶0109 teaches, The demand-controlled group determination unit 260 then groups the power consumers 130 on the basis of the calculated demand control allowable indexes and determines details of the demand control on each group (step S605) and ¶0116 teaches, If any of the power consumers 130 which are being demand-controlled based on the received demand control commands cancels the demand control (YES in step S610), the temperature receiving unit 210 receives the temperature at the time of the cancellation measured by the environmental information sensor 132 of the power consumer 130 from the communication device 131 thereof and sends the temperature to the cancellation temperature table 230 (step S611).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISTIAQUE AHMED whose telephone number is (571)272-7087. The examiner can normally be reached Monday to Thursday 10AM -6PM and alternate Fridays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth M Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ISTIAQUE AHMED/Examiner, Art Unit 2116
/KENNETH M LO/Supervisory Patent Examiner, Art Unit 2116