DETAILED ACTION
This Final Office Action is in response to the arguments and amendments [November 28, 2025].
Claims 1, 13, 19, and 28 have been amended.
Claims 1-30 are currently pending and has been considered below.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-30 are rejected under 35 U.S.C. 101 because the claimed invention is directed towards an abstract idea without additional elements that are significantly more or transformative into a practical application.
In terms of Step 1, claims 1-30 are directed towards one of four categories of statutory subject matter.
In terms of step 2(a)(1), independent claims 1, 13, 19, and 28 are directed towards (as represented by claim 1), “a first emission source wherein the direct data pipe is configured to receive a first emission information from the first emission source representing a direct emission attributable to a facility; a second emission source wherein the indirect data pipe is configured to receive a real time second emission information from the second emission source representing an indirect emission; wherein the remediation data pipe is configured to receive a real time remediation information from the remediation source; and, receive the first emission information, the second emission information, and the remediation information, calculate an indirect emission value according to the second emission information and a remote source type, calculate an occupancy emission according to the sensor, automatically calculate an enterprise emission value according to the first emission information, the indirect emission value, the occupancy emission and the remediation information, automatically generate a facility action information according to a comparison of the enterprise emission value and a target emission value, and, transmit the facility action information to the facilities system wherein the facilities is configured to implement or reject an action represented by the facility action information”. Claims 13 and 19 are directed towards similar subject matter, but the end result is merely generating and transmitting the facility action without implement or reject aspects and claim 28 includes calculating a predictive emission value based on current and historical emission values. The claims are describing facility remediation (maintenance) actions based on emission calculations using indirect and direct emission sources. The claims are describing a collection of information sources (direct and indirect emissions), analyzing the emissions based on calculated values and occupancy, and providing a facility action that is accepted/rejected based on the high level analysis. The analysis includes values and calculations, but there is no specific algorithm or model, but rather the mere discussion of calculating based on the received inputs to determine the facility action. This further includes the consideration with respect to claim 28 and the predictive analysis based on current and historical analysis. There is no specific model or algorithm beyond high level prediction analysis using the input/received information. As such, the claims are collecting, high level analyzing, and displaying the results of the analysis that fall into the mental process grouping of abstract ideas.
Step 2(a)(II) considers the additional elements in terms of being transformative into a practical application. The additional elements of the independent claims are, “A system for actuating a facilities management system comprising: a server having a computer readable medium; a scheduling system in electronic communications with the server and configured to manage an assignment of individuals to the facility {claim 19}; a direct data pipe in electronic communication with the server and an indirect data pipe in electronic communication with the server; from a remote source; a remediation data pipe in communication with the server and a remediation source; a sensor in electronic communications with the server; a facilities system in electronic communication with the server; a set of computer readable instructions stored on the computer readable medium and configured to; wherein the system integrates disparate emission data sources through the direct data pipe, indirect data pipe, and remediation data pipe to automatically control facility operations based on real time emission calculations”. The additional elements are described in the originally filed specification [47-48, 53-57, 61, and 91-92]. The specification merely describes the additional elements as generic technology to implement the abstract idea. The computer and sensor elements are described as tools to provide and analyze the information, but the technical aspects are not directed towards technological improvements. As such, the additional elements are directed towards generic technology to implement the abstract idea. In terms of the facility operations that control operations based on the analysis is an idea of a solution based on the identified abstract idea. There is no specific technical aspect beyond merely stating that the facility operations are controlled. Therefore, the claims are not transformative into a practical application. Refer to MPEP 2106.05(f).
Step 2(b) considers the additional elements in terms of being significantly more than the identified abstract idea. The additional elements of the independent claims are, “A system for actuating a facilities management system comprising: a server having a computer readable medium; a direct data pipe in communication with the server and an indirect data pipe in communication with the server; from a remote source; a remediation data pipe in communication with the server and a remediation source; a sensor in communications with the server; a facilities system in communication with the server; a set of computer readable instructions stored on the computer readable medium and configured to; wherein the system integrates disparate emission data sources through the direct data pipe, indirect data pipe, and remediation data pipe to automatically control facility operations based on real time emission calculations”. The additional elements are described in the originally filed specification [47-48, 53-57, 61, and 91-92]. The specification merely describes the additional elements as generic technology to implement the abstract idea. The computer and sensor elements are described as tools to provide and analyze the information, but the technical aspects are not directed towards technological improvements. As such, the additional elements are directed towards generic technology to implement the abstract idea. In terms of the facility operations that control operations based on the analysis is an idea of a solution based on the identified abstract idea. There is no specific technical aspect beyond merely stating that the facility operations are controlled. Therefore, the claims are not significantly more than the identified abstract idea. Refer to MPEP 2106.05(f).
Dependent claims 2-12 are further describing the abstract idea without additional elements beyond those identified above. The dependent claims are directed towards “wherein the set of computer readable instructions are configured to: store the enterprise emission value on the computer readable medium defining a historical emission data set, receive a scheduling information from a scheduling system representing anticipated occupancy of the facility, generate an anticipatory action according to the historical emission data set and the scheduling information, and, transmitting the anticipatory action to the facilities system”, “wherein the set of computer readable instructions are configured to calculate the indirect emission value according to a remote source fuel type”, “wherein the set of computer readable instructions are configured to generate the facility action information according to the remote source fuel type”, “wherein the remote source fuel type is taken from the group consisting of natural gas, coal, nuclear, biomass, petroleum, geothermal, solar, wind, hydropower and any combination thereof”, “wherein the target emission value is 1000 ppm CO2 or less”, “wherein the facility action information includes actuating an air handler included in the facilities system for transferring a higher concentration of CO2 air mass to a lower concentration of CO2 air mass”, “wherein the set of computer readable instructions are configured to generate a remediation action information according to a comparison of the enterprise emission value and the target emission value and transmit the remediation action information to a remediation system in communication with the server”, “wherein the remediation action information includes actuating the remediation system until a requested CO2 level is achieved”, “wherein the set of computer readable instructions are configured to display a future emission value according to a set of enterprise emission values determined over a period of time”, “wherein the set of computer readable instructions are configured to generate a future facility action information according to the future emission value”, and “wherein the second emission source is taken from the group consisting of stationary fuel, indirect transportation, fertilizer, animals, paper purchased, food and any combination thereof”. The claims are further describing the identified abstract idea in terms of providing aspects of the collected information (occupancy and fuel type), the high level analysis (comparison analysis, threshold analysis), and the remediation (air mass transferring, future facility action based on future emission, and CO2 reduction). Although no claim limitation is specifically towards an additional element, claim 7 describes the facility action is actuating an air handler. This is merely describing the description and solution-based approach for the remedial action. There is no specific functional requirement that the actuator functions, but describing the solution of the remedial action as such. Even regarding the air handler as an additional element, the claim is describing a solution approach to the technology and therefore generic technology to implement. As such, the dependent claims are not directed towards limitations that are significantly more or transformative into a practical application.
Dependent claims 14 and 15 are further describing the abstract idea and are not directed towards additional elements beyond those identified for the independent claims. The claims are directed towards, “including an air quality sensor in communication with the server configured to determine an air quality within the facility and the set of computer readable instructions are configured to calculate the enterprise emission value according to the air quality” and “wherein set of computer readable instructions area configured to generate a remediation action information according to the comparison of the enterprise emission value and the target emission value and transmit the remediation action information to a remediation system”. The dependent claims are further describing collecting information and generating a remedial action. The collection is based on air quality and the remedial action based on the target emission value and enterprise emission value. The claims are further describing the collection, analysis, and display elements of the identified abstract idea. In terms of the additional elements, a sensor was described in terms of an occupancy sensor. The air quality sensor is described in paragraph [53-57] in terms of the similar sensor and thus is also generic technology to implement the abstract idea. As such, the claim limitations are not significantly more or transformative into a practical application.
Dependent claims 16-18 are further describing additional elements beyond those identified above. The claims are directed towards, “wherein the remediation system is a direct air capture system”, “wherein the occupancy sensor is a wireless access point”, and “wherein the occupancy sensor is included in an access control system”. The additional elements are described in the originally filed specification paragraphs [45] (wireless access point), [52-53] (direct air capture), and [53-57] (sensors). The additional elements are merely describing generic technology to implement the abstract idea. There is no technical improvement, but rather using the sensor, WAP, and direct air capture to describe the tools to implement the abstract idea. As such, the claim limitations are not significantly more or transformative into a practical application. Refer to MPEP 2106.05(f).
Dependent claims 20-27 are further describing the abstract idea without additional elements beyond those identified above. The claims are directed towards, “wherein the set of computer readable instructions are configured to generate a modification to the assignment of individuals to the facility, calculate a modified occupancy emission according to the modification to the assignment of individuals to the facility, calculate a modified enterprise emission value according to the occupancy emission and transmit the modification to the assignment of individuals to the facility to a scheduling system according to a determination that the enterprise emission value is higher than the modified enterprise emission value”, “wherein the enterprise emission value is a CO2 level”, “wherein the second emission source is taken from the group consisting of a vehicle, an occupant age, an occupant diet, an occupant housing, weather, and any combination thereof”, “including a remediation data pipe in communication with the server and a remediation source wherein the remediation data pipe is configured to receive a remediation information from the remediation source and the set of computer readable instructions are configured to generate a remediation action information according to a comparison of the enterprise emission value and the target emission value and transmit the remediation action information to a remediation system associated with the remediation source”, “including a remediation data pipe in communication with the server and a remediation source wherein the remediation data pipe is configured to receive a remediation information from the remediation source and the set of computer readable instructions are configured to generate the enterprise emission value according to the remediation information”, “wherein the remediation source includes vegetation”, “wherein the first emission source is taken from the group consisting of a chilled water system, a natural gas system, a electricity system, a steam system, a water system, a waste management system and any combination thereof”, and “wherein the first emission information and the second emission information are C02 emission”. The claims are further describing the abstract idea with respect to the collection aspects (enterprise emission value as a CO2 level, describing the second emission source, describing the first and second emission information are CO2 emission, and first emission source within a plurality of systems), the analysis steps (modification and calculation based on occupancy and comparison steps), and the display remedial action steps (describing remediation source and generating/calculating the remediation information associated with the remediation source). The additional elements are described and considered above with respect to the independent claims. The claims are further describing the abstract idea and the limitations are not significantly more or transformative into a practical application.
Dependent claims 29 and 30 are further describing the abstract idea and not further additional elements beyond those identified above. The claims are directed towards, “wherein the set of computer readable instructions are configured to generate a facility action information according to a comparison of the predictive emission value and a target emission value” and “wherein: the predictive emission value is a first predictive value representing emission associated with the facility, and the set of computer readable instructions are configured to: generate a confidence level according to a comparison of the current enterprise emission value with the predictive emission value, and calculate a second predictive emission value according to the current enterprise emission value, the set of historical emission values and the confidence level”. The claims are further describing the analysis elements in terms of predictive emission values and calculations including historical comparisons and confidence levels. The claims are further describing the analysis aspects of the mental process. The predictive aspects are merely using high level predictive analysis including confidence levels and comparisons based on current values. There is no specific model or algorithm and thus the claims are described at a high level analysis that falls within the mental process abstract idea. The additional elements are considered above with respect to the independent claims. As such, the claims limitations are directed towards an abstract idea without additional elements that are significantly more or transformative into a practical application.
The claimed invention is describing an abstract idea without additional elements that are significantly more or transformative into a practical application. Therefore, claims 1-30 are rejected under 35 USC 101 rejection as being directed towards non-eligible subject matter.
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) 1-5, 10-15, 28, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over McConnell et al [2009/0018884], hereafter McConnell in view of Kumar et al [2022/0327538], hereafter Kumar.
Regarding claim 1, McConnell discloses a system for actuating a facilities management system comprising: a server having a computer readable medium; a direct data pipe in electronic communication with the server and a first emission source wherein the direct data pipe is configured to receive a first emission information from the first emission source representing a direct emission attributable to a facility; an indirect data pipe in electronic communication with the server and a second emission source wherein the indirect data pipe is configured to receive a real time second emission information from the second emission source representing an indirect emission from a remote source (Paragraphs [22-25 and 45-51]; McConnell discloses receiving asset information from both direct and indirect sources. In terms of the remote source aspect, McConnell discloses receiving and storing information within remote databases for use within the system. In terms of the indirect remote source information, McConnell discloses [63] indirect emission sources based on power plant fuel type.);
a remediation data pipe in electronic communication with the server and a remediation source wherein the remediation data pipe is configured to receive a real time remediation information from the remediation source (Fig 6 and paragraphs [72-75]; McConnell discloses a carbon credit that is based on the calculated emission values and debt/surplus of greenhouse emissions.);
a sensor in electronic communications with the server; a facilities system in electronic communication with the server; and, a set of computer readable instructions stored on the computer readable medium and configured to: receive the first emission information, the second emission information, and the remediation information, calculate an indirect emission value according to the second emission information and a remote source type(Paragraphs [32-33 and 56-63]; McConnell discloses the use of sensors to receive the emission and other data information.),
McConnell discloses an emissions valuation system that provides carbon credit remediation based on the calculated values, however, McConnell does not specifically teach occupancy elements to calculate the emission values;
Kumar teaches calculate an occupancy emission according to the sensor, automatically calculate an enterprise emission value according to the first emission information, the indirect emission value, the occupancy emission and the remediation information (Paragraphs [58-61 and 63-64]; Kumar teaches a similar emissions system that provides calculated emission values based on collected information including occupancy sensors. Within the combination, McConnell discloses [63-71] a calculated emissions value based on the collected information. As such, the combination provides a calculated value based on direct, indirect, occupancy, and remediation elements.),
automatically generate a facility action information according to a comparison of the enterprise emission value and a target emission value, and, transmit the facility action information to the facilities system wherein the facilities system is configured to implement or reject an action represented by the facility action information wherein the system integrates disparate emission data sources through the direct data pipe, indirect data pipe, and remediation data pipe to automatically control facility operations based on real time emission calculations (Paragraphs [58-61, 64, and 69]; Kumar teaches the similar building system that specifically provides building operations and controls based on the calculations using real-time data. Within the combination, McConnell provides [82-84] elements of equipment control based on the emission analysis and Kumar provides the specific analysis and building control using the emission values.).
McConnell discloses an emissions calculation system based on collected information, however, McConnell does not specifically disclose occupancy information and providing facility actions based on the analysis.
Kumar teaches a similar building/enterprise emission calculation system that specifically provides occupancy elements and providing building controls based on the emission analysis.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention for the emissions calculation system based on collected information of McConnell the ability to include a similar building/enterprise emission calculation system that specifically provides occupancy elements and providing building controls based on the emission analysis as taught by Kumar since the claimed invention is merely a combination of prior art elements and in the combination each element would have performed the same function as it did separately and one of ordinary skill in the art would have recognized the results of the combination were predictable.
Regarding claim 2, the combination teaches the above-enclosed limitations of the system of claim 1
McConnell further discloses wherein the set of computer readable instructions are configured to: store the enterprise emission value on the computer readable medium defining a historical emission data set, receive a scheduling information from a scheduling system representing anticipated occupancy of the facility, generate an anticipatory action according to the historical emission data set and the scheduling information, and, transmitting the anticipatory action to the facilities system (Paragraphs [81-89]; McConnell discloses providing predictive elements based on historical analysis and correlations. Further, in the combination, Kumar provides predictive occupancy data [64-66].).
Regarding claim 3, the combination teaches the above-enclosed limitations of the system of claim 1
McConnell further discloses wherein the set of computer readable instructions are configured to calculate the indirect emission value according to a remote source fuel type (Paragraphs [63-68]; McConnell discloses indirect emissions calculation based on the remote source fuel type.).
Regarding claim 4, the combination teaches the above-enclosed limitations of the system of claim 3
McConnell further discloses wherein the set of computer readable instructions are configured to generate the facility action information according to the remote source fuel type (Paragraphs [63-68 and 73]; McConnell discloses the utilization of carbon credits based on the calculated emissions values including from indirect fuel type source.).
Regarding claim 5, the combination teaches the above-enclosed limitations of the system of claim 4
McConnell further discloses wherein the remote source fuel type is taken from the group consisting of natural gas, coal, nuclear, biomass, petroleum, geothermal, solar, wind, hydropower and any combination thereof (Paragraphs [63-68]; McConnell discloses indirect emissions calculation based on the remote source fuel type.).
Regarding claim 10, the combination teaches the abve-enclosed limitations of the system of claim 1;
McConnell further discloses wherein the set of computer readable instructions are configured to display a future emission value according to a set of enterprise emission values determined over a period of time (Paragraphs [81-89]; McConnell discloses providing predictive elements based on historical analysis and correlations. Further, in the combination, Kumar provides displayed information including predictive risk and analysis information [61-63].).
Regarding claim 11, the combination teaches the above-enclosed limitations of the system of claim 10;
McConnell further discloses wherein the set of computer readable instructions are configured to generate a future facility action information according to the future emission value (Paragraphs [81-84]; McConnell discloses the system providing remedial actions based on the predictive analysis.).
Regarding claim 12, the combination teaches the above-enclosed limitations of the system of claim 1
McConnell further discloses wherein the second emission source is taken from the group consisting of stationary fuel, indirect transportation, fertilizer, animals, paper purchased, food and any combination thereof (Paragraph [22]; McConnell discloses emission sources including stationary fuel based on furnaces, heaters, etc.).
Regarding claim 13, McConnell discloses a system for actuating a facilities management system comprising: a server having a computer readable medium; a direct data pipe in electronic communication with the server and a first emission source wherein the direct data pipe is configured to receive a real time first emission information from the first emission source representing a direct emission attributable to a facility; an indirect data pipe in electronic communication with the server and a second emission source wherein the indirect data pipe is configured to receive a real time second emission information from the second emission source representing an indirect emission from a remote source (Paragraphs [22-25 and 45-51]; McConnell discloses receiving asset information from both direct and indirect sources. In terms of the remote source aspect, McConnell discloses receiving and storing information within remote databases for use within the system. In terms of the indirect remote source information, McConnell discloses [63] indirect emission sources based on power plant fuel type.);
McConnell discloses an emissions valuation system that provides carbon credit remediation based on the calculated values, however, McConnell does not specifically teach occupancy elements to calculate the emission values;
Kumar teaches an occupancy sensor in electronic communications with the server configured to determine an occupancy of a portion of the facility; a facilities system in communication with the server; and, a set of computer readable instructions stored on the computer readable medium and configured to: receive the first emission information and the second emission information, calculate an indirect emission value according to the second emission information (Paragraphs [58-61 and 63-64]; Kumar teaches a similar emissions system that provides calculated emission values based on collected information including occupancy sensors. Within the combination, McConnell discloses [63-71] a calculated emissions value based on the collected information. As such, the combination provides a calculated value based on direct, indirect, occupancy, and remediation elements.),
calculate an occupancy emission according to the occupancy sensor, automatically calculate an enterprise emission value according to the first emission information, the indirect emission value, and the occupancy emission, automatically generate a facility action information according to a comparison of the enterprise emission value and a target emission value, and, transmit the facility action information to the facilities system, wherein the system integrates disparate emission data sources through the direct data pipe and indirect data pipe with occupancy data to automatically control facility operations based on real time emission calculations (Paragraphs [58-61, 64, and 69]; Kumar teaches the similar building system that specifically provides building operations and controls based on the calculations using real-time data. Within the combination, McConnell provides [82-84] elements of equipment control based on the emission analysis and Kumar provides the specific analysis and building control using the emission values.).
McConnell discloses an emissions calculation system based on collected information, however, McConnell does not specifically disclose occupancy information and providing facility actions based on the analysis.
Kumar teaches a similar building/enterprise emission calculation system that specifically provides occupancy elements and providing building controls based on the emission analysis.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention for the emissions calculation system based on collected information of McConnell the ability to include a similar building/enterprise emission calculation system that specifically provides occupancy elements and providing building controls based on the emission analysis as taught by Kumar since the claimed invention is merely a combination of prior art elements and in the combination each element would have performed the same function as it did separately and one of ordinary skill in the art would have recognized the results of the combination were predictable.
Regarding claim 14, the combination teaches the above-enclosed limitations of the system of claim 13;
Kumar further teaches including an air quality sensor in communication with the server configured to determine an air quality within the facility and the set of computer readable instructions are configured to calculate the enterprise emission value according to the air quality (Paragraph [91 and 112-113]; Kumar teaches an air quality sensor and attributes for air quality.).
The combination teaches an emissions calculation system based on collected information, however, the combination does not specifically teach air quality.
Kumar teaches a similar building/enterprise emission calculation system that specifically provides air quality.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention for the emissions calculation system based on collected information of the combination the ability to include a similar building/enterprise emission calculation system that specifically provides air quality as taught by Kumar since the claimed invention is merely a combination of prior art elements and in the combination each element would have performed the same function as it did separately and one of ordinary skill in the art would have recognized the results of the combination were predictable.
Regarding claim 15, the combination teaches the above-enclosed limitations of the system of claim 13;
McConnell further discloses wherein set of computer readable instructions area configured to generate a remediation action information according to the comparison of the enterprise emission value and the target emission value and transmit the remediation action information to a remediation system (Paragraphs [73-78 and 81-82]; McConnell discloses utilizing the emission information to provide carbon credit purchase/sell, as well as maintenance activities (specifically disclosed as reducing energy based on predictive weather patterns). Further, within the combination, Kumar teaches [115-118] carbon credits based on threshold analysis using the calculated emission values for the enterprise.).
Regarding claim 28, McConnell discloses a system for actuating a facilities management system comprising: a server having a computer readable medium; a direct data pipe in electronic communication with the server and a real time first emission source wherein the direct data pipe is configured to receive a first emission information from the first emission source representing a direct emission attributable to a facility; an indirect data pipe in electronic communication with the server and a real time second emission source wherein the indirect data pipe is configured to receive a second emission information from the second emission source representing an indirect emission from a remote source (Paragraphs [22-25 and 45-51]; McConnell discloses receiving asset information from both direct and indirect sources. In terms of the remote source aspect, McConnell discloses receiving and storing information within remote databases for use within the system. In terms of the indirect remote source information, McConnell discloses [63] indirect emission sources based on power plant fuel type.);
a facilities system in electronic communications with the server; and, a set of computer readable instructions stored on the computer readable medium and configured to: receive the first emission information and the second emission information, calculate an indirect emission value according to the second emission information, automatically calculate a current enterprise emission value according to the first emission information and the indirect emission value (Paragraphs [73-78 and 81-82]; McConnell discloses utilizing the emission information to provide carbon credit purchase/sell, as well as maintenance activities (specifically disclosed as reducing energy based on predictive weather patterns).),
retrieve a set of historical emission values from the computer readable medium (Paragraphs [81-89]; McConnell discloses providing predictive elements based on historical analysis and correlations.),
McConnell discloses an emissions valuation system that provides carbon credit remediation based on the calculated values, however, McConnell does not specifically teach building management based on the analysis;
Kumar teaches automatically calculate a predictive emission value according to the current enterprise emission value and the set of historical emission values, wherein the system integrates disparate emission data sources through the direct data pipe and indirect data pipe to perform predictive emission analysis for proactive facility management based on real-time and historical emission data (Paragraphs [58-61, 64, and 69]; Kumar teaches the similar building system that specifically provides building operations and controls based on the calculations using real-time data. In terms of the historical data, Kumar provides machine learning for emission analysis using real-time and historical analysis [82-86]. Within the combination, McConnell provides [82-84] elements of equipment control based on the emission analysis and Kumar provides the specific analysis and building control using the emission values.).
McConnell discloses an emissions calculation system based on collected information, however, McConnell does not specifically disclose occupancy information and providing facility actions based on the analysis.
Kumar teaches a similar building/enterprise emission calculation system that specifically provides occupancy elements and providing building controls based on the emission analysis.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention for the emissions calculation system based on collected information of McConnell the ability to include a similar building/enterprise emission calculation system that specifically provides occupancy elements and providing building controls based on the emission analysis as taught by Kumar since the claimed invention is merely a combination of prior art elements and in the combination each element would have performed the same function as it did separately and one of ordinary skill in the art would have recognized the results of the combination were predictable.
Regarding claim 30, McConnell discloses the system of claim 28, however, McConnell does not specifically teach confidence levels;
Kumar teaches wherein: the predictive emission value is a first predictive value representing emission associated with the facility, and the set of computer readable instructions are configured to: generate a confidence level according to a comparison of the current enterprise emission value with the predictive emission value, and calculate a second predictive emission value according to the current enterprise emission value, the set of historical emission values and the confidence level (Paragraphs [87-88]; Kumar teaches confidence levels.).
The combination teaches an emissions calculation system based on predictive analysis, however, the combination does not specifically teach confidence levels.
Kumar teaches a similar building/enterprise emission calculation system that specifically provides confidence levels.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention for the emissions calculation system based on predictive analysis of the combination the ability to include a similar building/enterprise emission calculation system that specifically provides confidence levels as taught by Kumar since the claimed invention is merely a combination of prior art elements and in the combination each element would have performed the same function as it did separately and one of ordinary skill in the art would have recognized the results of the combination were predictable.
Claim(s) 6-9, 16-24, 26-27, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over McConnell et al [2009/0018884], hereafter McConnell in view of Kumar et al [2022/0327538], hereafter Kumar further in view of Desrochers et al [2006/0234621], hereafter Desrochers.
Regarding claim 6, the combination teaches the above-enclosed limitations of the system of claim 1, however, the combination does not specifically teach a target emission value of 1000ppm or less;
Desrochers teaches wherein the target emission value is 1000 ppm CO2 or less (Paragraphs [116-121]; Desrochers teaches a similar emission calculation system for building/enterprise that specifically provides remediation based on calculated threshold values including CO2 levels (specifically providing a setpoint of 1000ppm as well as other level discussions below 1000pppm).).
The combination teaches the above-enclosed limitations of an emissions calculation system that provides remediation based on different analysis threshold elements, however, the combination does not specifically teach a target emission value is 1000ppm or less.
Desrochers teaches a similar emission calculation and remediation system that specifically teaches a CO2 threshold value.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention for the emissions calculation system that provides remediation based on different analysis threshold elements of the combination the ability to include a similar emission calculation and remediation system that specifically teaches a CO2 threshold value of Desrochers since the claimed invention is merely a combination of prior art elements and in the combination each element would have performed the same function as it did separately and one of ordinary skill in the art would have recognized the results of the combination were predictable.
Regarding claim 7, the combination teaches the above-enclosed limitations of the system of claim 6;
Desrochers further teaches wherein the facility action information includes actuating an air handler included in the facilities system for transferring a higher concentration of CO2 air mass to a lower concentration of CO2 air mass (Paragraphs [44-46, 116-121, and 130-135]; Desrochers teaches that the system provides air handler control to lower the CO2 concentration based on the threshold trigger.).
Regarding claim 8, the combination teaches the above-enclosed limitations of the system of claim 1, however, the combination does not specifically teach remediation in terms of a specific threshold comparison to a target value;
Desrochers teaches wherein the set of computer readable instructions are configured to generate a remediation action information according to a comparison of the enterprise emission value and the target emission value and transmit the remediation action information to a remediation system in communication with the server (Paragraphs [44-46, 116-121, and 130-135]; Desrochers teaches that the system provides air handler control to lower the CO2 concentration based on the threshold trigger.).
The combination teaches the above-enclosed limitations of an emissions calculation system that provides remediation based on different analysis threshold elements, however, the combination does not specifically teach a target emission value is 1000ppm or less.
Desrochers teaches a similar emission calculation and remediation system that specifically teaches a CO2 threshold value.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention for the emissions calculation system that provides remediation based on different analysis threshold elements of the combination the ability to include a similar emission calculation and remediation system that specifically teaches a CO2 threshold value of Desrochers since the claimed invention is merely a combination of prior art elements and in the combination each element would have performed the same function as it did separately and one of ordinary skill in the art would have recognized the results of the combination were predictable.
Regarding claim 9, the combination teaches the above-enclosed limitations of the system of claim 8;
Desrochers further teaches wherein the remediation action information includes actuating the remediation system until a requested CO2 level is achieved (Paragraphs [44-46, 116-121, and 130-135]; Desrochers teaches that the system provides air handler control to lower the CO2 concentration based on the threshold trigger.).
The combination teaches the above-enclosed limitations of an emissions calculation system that provides remediation based on different analysis threshold elements, however, the combination does not specifically teach a target emission value is 1000ppm or less.
Desrochers teaches a similar emission calculation and remediation system that specifically teaches a CO2 threshold value.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention for the emissions calculation system that provides remediation based on different analysis threshold elements of the combination the ability to include a similar emission calculation and remediation system that specifically teaches a CO2 threshold value of Desrochers since the claimed invention is merely a combination of prior art elements and in the combination each element would have performed the same function as it did separately and one of ordinary skill in the art would have recognized the results of the combination were predictable.
Regarding claim 16, the combination teaches the above-enclosed limitations of the system of claim 15, however, the combination does not specifically teach direct air capture;
Desrochers teaches wherein the remediation system is a direct air capture system (Paragraphs [137]; Desrochers teaches air handling system.).
The combination teaches the above-enclosed limitations of an emissions calculation system that provides remediation based on different analysis threshold elements, however, the combination does not specifically teach direct air capture.
Desrochers teaches a similar emission calculation and remediation system that specifically teaches direct air capture.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention for the emissions calculation system that provides remediation based on different analysis threshold elements of the combination the ability to include a similar emission calculation and remediation system that specifically teaches direct air capture of Desrochers since the claimed invention is merely a combination of prior art elements and in the combination each element would have performed the same function as it did separately and one of ordinary skill in the art would have recognized the results of the combination were predictable.
Regarding claim 17, the combination teaches the above-enclosed limitations of the system of claim 13, however, the combination does not specifically teach access point;
Desrochers teaches wherein the occupancy sensor is a wireless access point (Paragraphs [72-73]; Desrochers teaches structural aspects for wireless networking.).
The combination teaches the above-enclosed limitations of an emissions calculation system that provides remediation based on different sensor elements, however, the combination does not specifically teach sensor as a WAP.
Desrochers teaches a similar emission calculation and remediation system that specifically teaches wireless networking structures.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention for the emissions calculation system that provides remediation based on different sensor elements of the combination the ability to include wireless networking structures of Desrochers since the claimed invention is merely a combination of prior art elements and in the combination each element would have performed the same function as it did separately and one of ordinary skill in the art would have recognized the results of the combination were predictable.
Regarding claim 18, the combination teaches the above-enclosed limitations of the system of claim 13, however, the combination does not specifically teach access control;
Desrochers teaches wherein the occupancy sensor is included in an access control system (Paragraphs [72-73]; Desrochers teaches structural aspects for access controls and networking.).
The combination teaches the above-enclosed limitations of an emissions calculation system that provides remediation based on different sensor elements, however, the combination does not specifically teach access control.
Desrochers teaches a similar emission calculation and remediation system that specifically teaches wireless networking structures.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention for the emissions calculation system that provides remediation based on different sensor elements of the combination the ability to include access control structures of Desrochers since the claimed invention is merely a combination of prior art elements and in the combination each element would have performed the same function as it did separately and one of ordinary skill in the art would have recognized the results of the combination were predictable.
Regarding claim 19, McConnell discloses system for actuating a facilities management system comprising: a server having a computer readable medium; a direct data pipe in electronic communication with the server and a first emission source wherein the direct data pipe is configured to receive a real time first emission information from the first emission source representing a direct emission attributable to a facility; an indirect data pipe in electronic communication with the server and a second emission source wherein the indirect data pipe is configured to receive a real time second emission information from the second emission source representing an indirect emission from a remote source (Paragraphs [22-25 and 45-51]; McConnell discloses receiving asset information from both direct and indirect sources. In terms of the remote source aspect, McConnell discloses receiving and storing information within remote databases for use within the system. In terms of the indirect remote source information, McConnell discloses [63] indirect emission sources based on power plant fuel type.);
a facilities system in communication with the server; and, a set of computer readable instructions stored on the computer readable medium and configured to: receive the first emission information and the second emission information, calculate an indirect emission value according to the second emission information, (Paragraphs [73-78 and 81-82]; McConnell discloses utilizing the emission information to provide carbon credit purchase/sell, as well as maintenance activities (specifically disclosed as reducing energy based on predictive weather patterns). Further, within the combination, Kumar teaches [115-118] carbon credits based on threshold analysis using the calculated emission values for the enterprise.).
McConnell discloses an emissions valuation system that provides carbon credit remediation based on the calculated values, however, McConnell does not specifically teach occupancy elements to calculate the emission values;
Kumar teaches a scheduling system in electronic communications with the server and configured to manage an assignment of individuals to the facility (Paragraphs [58-61 and 63-64]; Kumar teaches a similar emissions system that provides calculated emission values based on collected information including occupancy sensors (interpreted as assignment of individuals). Within the combination, McConnell discloses [63-71] a calculated emissions value based on the collected information. As such, the combination provides a calculated value based on direct, indirect, occupancy, and remediation elements.);
calculate an occupancy emission according to the assignment of individuals to the facility, automatically calculate an enterprise emission value according to the first emission information, the indirect emission value, and the occupancy emission, automatically generate a facility action information according to a comparison of the enterprise emission value and a target emission value, and, transmit the facility action information to the facilities system, wherein the system integrates disparate emission data sources through the direct data pipe and indirect data pipe with scheduling data to automatically control facility operations based on real-time emission calculations (Paragraphs [58-61, 64, and 69]; Kumar teaches the similar building system that specifically provides building operations and controls based on the calculations using real-time data. In terms of the historical data, Kumar provides machine learning for emission analysis using real-time and historical analysis [82-86]. Within the combination, McConnell provides [82-84] elements of equipment control based on the emission analysis and Kumar provides the specific analysis and building control using the emission values.).
McConnell discloses an emissions calculation system based on collected information, however, McConnell does not specifically disclose occupancy information and providing facility actions based on the analysis.
Kumar teaches a similar building/enterprise emission calculation system that specifically provides occupancy elements and providing building controls based on the emission analysis.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention for the emissions calculation system based on collected information of McConnell the ability to include a similar building/enterprise emission calculation system that specifically provides occupancy elements and providing building controls based on the emission analysis as taught by Kumar since the claimed invention is merely a combination of prior art elements and in the combination each element would have performed the same function as it did separately and one of ordinary skill in the art would have recognized the results of the combination were predictable.
The combination teaches the above-enclosed limitations of the emissions calculation and remediation system, however, the combination does not provide a specific assignment of people (current interpretation is occupancy);
Desrochers teaches [121-123 and 156] a similar emissions calculation system that specifically provides remediation based on scheduled occupancy including no one in the room and high occupancy providing different triggers for the emission remediation.
The combination teaches an emissions calculation system based on collected information, however, McConnell does not specifically disclose assignment of individuals information.
Desrochers teaches a similar building/enterprise emission calculation system that specifically provides assignment of occupancy individuals.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention for the emissions calculation system based on collected information of the combination the ability to include a similar building/enterprise emission calculation system that specifically provides assignment of occupancy individuals as taught by Desrochers since the claimed invention is merely a combination of prior art elements and in the combination each element would have performed the same function as it did separately and one of ordinary skill in the art would have recognized the results of the combination were predictable.
Regarding claim 20, the combination teaches the above-enclosed limitations of the system of claim 19;
Desrochers further teaches wherein the set of computer readable instructions are configured to generate a modification to the assignment of individuals to the facility, calculate a modified occupancy emission according to the modification to the assignment of individuals to the facility, calculate a modified enterprise emission value according to the occupancy emission and transmit the modification to the assignment of individuals to the facility to a scheduling system according to a determination that the enterprise emission value is higher than the modified enterprise emission value (Paragraphs[121-123 and 156]; a similar emissions calculation system that specifically provides remediation based on scheduled occupancy including no one in the room and high occupancy providing different triggers for the emission remediation.).
Regarding claim 21, the combination teaches the above-enclosed limitations system of claim 19;
McConnell further discloses wherein the enterprise emission value is a CO2 level (Paragraph [61-68]; McConnell discloses the emissions calculation is based on CO2 levels.).
Regarding claim 22, the combination teaches the above-enclosed limitations of the system of claim 19;
McConnell further discloses wherein the second emission source is taken from the group consisting of a vehicle, an occupant age, an occupant diet, an occupant housing, weather, and any combination thereof (Paragraph [81-84]; McConnell discloses utilizing weather information.).
Regarding claim 23, the combination teaches the above-enclosed limitations of the system of claim 19;
Desrochers teaches including a remediation data pipe in communication with the server and a remediation source wherein the remediation data pipe is configured to receive a remediation information from the remediation source and the set of computer readable instructions are configured to generate a remediation action information according to a comparison of the enterprise emission value and the target emission value and transmit the remediation action information to a remediation system associated with the remediation source (Paragraphs [44-46, 116-121, and 130-135]; Desrochers teaches that the system provides air handler control to lower the CO2 concentration based on the threshold trigger.).
Regarding claim 24, the combination teaches the above-enclosed limitations of the system of claim 19;
McConnell further discloses including a remediation data pipe in communication with the server and a remediation source wherein the remediation data pipe is configured to receive a remediation information from the remediation source and the set of computer readable instructions are configured to generate the enterprise emission value according to the remediation information (Paragraphs [73-78 and 81-82]; McConnell discloses utilizing the emission information to provide carbon credit purchase/sell, as well as maintenance activities (specifically disclosed as reducing energy based on predictive weather patterns). Further, within the combination, Kumar teaches [115-118] carbon credits based on threshold analysis using the calculated emission values for the enterprise.).
Regarding claim 26, the combination teaches the above-enclosed limitations of the system of claim 19;
McConnell further discloses wherein the first emission source is taken from the group consisting of a chilled water system, a natural gas system, a electricity system, a steam system, a water system, a waste management system and any combination thereof (Paragraphs [21-22 and 52-53]; McConnell discloses power plants, steam, and other plant systems.).
Regarding claim 27, the combination teaches the above-enclosed limitations of the system of claim 19;
McConnell further discloses wherein the first emission information and the second emission information are C02 emission (Paragraph [61-68]; McConnell discloses the emissions calculation is based on CO2 levels.).
Regarding claim 29, McConnell discloses the system of claim 28, however, the combination does not specifically teach a target emission value;
Desrochers teaches wherein the set of computer readable instructions are configured to generate a facility action information according to a comparison of the predictive emission value and a target emission value (Paragraphs [44-46, 116-121, and 130-135]; Desrochers teaches that the system provides air handler control to lower the CO2 concentration based on the threshold trigger.).
The combination teaches the above-enclosed limitations of an emissions calculation system that provides remediation based on different analysis threshold elements, however, the combination does not specifically teach a target emission value is 1000ppm or less.
Desrochers teaches a similar emission calculation and remediation system that specifically teaches a CO2 threshold value.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention for the emissions calculation system that provides remediation based on different analysis threshold elements of the combination the ability to include a similar emission calculation and remediation system that specifically teaches a CO2 threshold value of Desrochers since the claimed invention is merely a combination of prior art elements and in the combination each element would have performed the same function as it did separately and one of ordinary skill in the art would have recognized the results of the combination were predictable.
Claim(s) 25 is rejected under 35 U.S.C. 103 as being unpatentable over McConnell et al [2009/0018884], hereafter McConnell in view of Kumar et al [2022/0327538], hereafter Kumar further in view of Desrochers et al [2006/0234621], hereafter Desrochers, and Bridge et al [2020/0273047], hereafter Bridge.
Regarding claim 25, the combination teaches the above-enclosed limitations of the system of claim 24, however, the combination does not specifically teach vegetation;
Bridge teaches wherein the remediation source includes vegetation (Paragraph [200]; Bridge teaches planting trees to reduce CO2 emissions.).
The combination teaches the above-enclosed limitations of an emissions calculation system that provides remediation, however, the combination does not specifically teach a remediation action that includes vegetation.
Bridge teaches a similar carbon emissions system that teaches vegetation remediation.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention for the emissions calculation system that provides remediation elements of the combination the ability to include a similar emission calculation and remediation system that specifically teaches a similar carbon emissions system that teaches vegetation remediation of Bridges since the claimed invention is merely a combination of prior art elements and in the combination each element would have performed the same function as it did separately and one of ordinary skill in the art would have recognized the results of the combination were predictable.
Response to Arguments
In response to the arguments filed November 28, 2025 on pages 13-17 regarding the 35 USC 101 rejection specifically that the claimed invention is directed towards eligible subject matter.
Examiner respectfully disagrees.
In terms of the arguments, the discussion surrounds that the claimed invention is not directed towards a mental process as there are specific facility controls, data elements, and processes that are beyond mental process consideration. With respect to the system aspects, first, the mental process consideration provides aspects of performing a mental process within a technical environment or with respect to a computer as a tool. Further, the collection from multiple sources is merely collecting information. Though the communication is electronic and the devices are remote does not remove the consideration beyond mental process abstract idea. The high level analysis aspect is with respect to the calculation merely stating the inputs and provided output, however, there is no specific algorithm or calculation. Though the steps include calculations and values, the calculations, within the claim, are based on calculating a value based on the received information. Real-time/automatic calculations also are not directed towards technical improvements and still fall within the identified abstract idea and not transformative into a practical application or significantly more than the identified abstract idea. These aspects just describe the speed in terms of the technical environment or tool to process, however, automatic and real-time are not indicative of a specific technical improvement since the speed of the processing and collection is from the use of generic computer elements. With respect to the facility control step, as amended and considered above, is directed towards an additional element with regards to step 2(a)(II) and 2(b). The additional element consideration is with respect to the transmitting facility action that is merely an idea of a solution. While the arguments allege that the facility controls are transformative and significantly more, the claim limitations are merely describing the idea of facility control. There is no specific limitation or description as to what the facility control provides, the specific technical aspects for controlling the facility based on the analysis, or other technical improvements. As such, the claims are directed towards an additional element that are mere instructions to apply. Therefore, the amended claim limitations are not directed towards additional elements that are transformative into a practical application or significantly more than the identified abstract idea. Refer to MPEP 2106.05(f). This consideration further is discussed and described for the technical elements including the computer elements, sensors, and electronic communications. These additional elements are describing generic technology to implement the abstract idea. Though they are concrete does not provide these elements as beyond generic. These aspects are generic computer elements to implement the abstract idea. As such, the additional elements are not transformative into a practical application or significantly more than the identified abstract idea. Therefore, claims 1-30 are maintaining the 35 USC 101 rejection, as considered above in light of the amended claim limitations.
Lacking any further arguments, claims 1-30 are maintaining the 35 USC 101 rejection, as considered above in light of the amended claim limitations.
In response to the arguments filed November 28, 2025 on pages 17-24 regarding the prior art rejections specifically that the claimed invention is not taught by the cited prior art.
Examiner respectfully disagrees.
In terms of the 35 USC 102 rejection, based on the amended claim limitations that the rejection has been updated to a 35 USC 103 rejection. In terms of the combination for Kumar and McConnell that the prior art would not be obvious to combine since McConnell is directed towards carbon credit framework with Kumar providing building control. In terms of the combination, McConnell provides elements of equipment control [82-84] based on the analysis for emission values and Kumar provides a more specific combination towards building control. Both Kumar and McConnell are providing equipment/building control elements based on emission analysis. The occupancy within Kumar provides greater data analysis to control the facility equipment based on the analysis aspect. Both are providing emissions analysis to provide elements of reports and control that would be obvious to combine to one of ordinary skill in the art.
In terms of the arguments regarding the claim limitations with respect to the calculation steps, applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Based on the consideration of the amended claim limitation, the prior art references, specifically, Kumar, teaches the above considered limitations. As such, claims 1-30 are maintaining the 35 USC 103 rejection, as considered above in light of the amended claim limitations.
Lacking any further arguments, claims 1-30 are maintaining the 35 USC 103 rejection, as considered above in light of the amended claim limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Granger et al [2020/0200416] (building management based on emission and occupancy);
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW CHASE LAKHANI whose telephone number is (571)272-5687. The examiner can normally be reached M-F 730am - 5pm (EST).
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/ANDREW CHASE LAKHANI/Primary Examiner, Art Unit 3629