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 .
This office action is in response to the request for continued examination filed on August 8, 2025.
Claims 1, 7, 8, 14, and 15 have been amended.
Claims 3, 6, 10, 13, 17, and 20 have been canceled.
Claims 1, 4, 5, 7, 8, 11, 12, 14, 15, 18, and 19 are pending.
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.
Claims 1, 4, 5, 8, 11, 12, 15, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Ridder et al. (US Publication 20190257534A1) in further view of Estepp (US Publication 20020090908A1), Johnson et al. (US Publication 20210356927A1), and “Pneumatic HVAC Systems/Fail-safe Valves/HELP” (publicly accessible October 20, 2007); hereinafter referred to Pneumatic.
Regarding claim 1, Ridder teaches a processor-implemented method comprising:
capturing weather information related to current and predicted weather conditions … (Referring now to FIG. 9, a block diagram illustrating a portion of HVAC system 600 and controller 640 ... controller 640 receives measurements from sensors 914 and weather forecasts from a weather service 916)([0115]);
identifying a period of time when the captured weather information indicates an outdoor temperature satisfies a temperature threshold (The controller can predict the outside air temperature ... using measurements from sensors and/or weather forecasts ... determine whether the predicted outside air temperature ... will be below a free cooling temperature threshold ...for a predetermined amount of time)([0041]);
calculating a thermal advantage of utilizing outdoor air to supplement a normal process of a thermodynamic device … (The controller can predict ... energy savings which would be achieved by the use of free cooling during the predicted free cooling period)([0040]); and
in response to the thermal advantage satisfying a threshold, performing supplementation of the normal process of the thermodynamic device (The controller can weigh the predicted energy savings against the cost of performing the state transition to determine whether to transition into the free cooling state … Free cooling can … supplement to mechanical cooling … To make free cooling economically viable, the energy and cost savings achieved by free cooling should be sufficient to overcome the cost incurred as a result of transitioning)([0040], [0047], and [0133]; when energy savings is greater than a cost to transition, free cooling is used to supplement mechanical cooling).
Although Ridder discloses supplementing by engaging a regulator mechanism to allow outdoor airflow to a storage area of the thermodynamic device (In FIG. 3, airside system 300 is shown to include an economizer-type air handling unit (AHU) 302. Economizer-type AHUs vary the amount of outside air ... AHU 302 can be configured to operate ... outside air damper 320 can be operated by actuator 328)([0060] and [0061]).
Ridder differs from the claim in that Ridder fails to teach the thermodynamic device comprises a filter type device to prevent contaminates from entering. However, a utilizing a filter type device to prevent contaminates from entering a thermodynamic device is taught by Estepp (Demand ventilation module 2 preferably includes a damper 62 for regulating outside air infiltration into HVAC system 100 ... demand ventilation module 2 also preferably includes a housing 10 ... housing 10 is adaptable to be coupled to ... a return duct 110 of HVAC system 100 for an outside application as depicted in FIG. 6 ... Housing 10 includes ... at least one outside air filter is used in conjunction with the at least one outside air inlet ... inlet 28 and corresponding filter 32 can be any size, configuration, or the like suitable for regulating air entering module 2)([0026], [0031], and [0033]). The examiner notes Ridder and Estepp teach a method for controlling HVAC. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ridder to include the utilizing of Estepp such that the method utilizes a filter type to prevent contaminates from entering a thermodynamic device. One would be motivated to make such a combination to provide the advantage of reducing HVAC maintenance by protecting the HVAC from debris.
Although Ridder-Estepp disclose the predicted weather conditions are captured from a repository (Ridder- controller 640 receives ... weather forecasts from a weather service 916)([0115]) and connecting the thermodynamic device to an outdoor air source via a ventilation duct (Ridder - AHU 302 may ... deliver supply air 310 to building zone 306 via supply air duct 312)([0060]; Figure 3 - supplying outside using a duct is shown).
Ridder-Estepp differs from the claim in that Ridder-Estepp fails to teach the repository is a third party repository and the duct is insulated. However, capturing predicted weather conditions from a third party repository and using an insulated duct is taught by Johnson (As illustrated in exemplary FIG. 1, the heating system 12 and the cooling system 14 ... HVAC components 8 include ... dampers 22 and 23 within a ducting 24 ... the controller 6 may obtain outside, i.e., exterior air temperature and/or humidity conditions through an online weather service … PAODAT is the predicted average outdoor air temperature ... PAODAT may be based upon forecasted predictions from subscription or governmental sources … ducts are typically formed of a wire-reinforced core, an insulation layer, and an outer sheath)([0034], [0035], [0037], [0217], and [0282]).
The examiner notes Ridder, Estepp, and Johnson teach a method for controlling HVAC. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ridder-Estepp to include the capturing and the using of Johnson such that the method captures predicted weather conditions from a third party repository and utilizes an insulated duct to supply air. One would be motivated to make such a combination to provide the advantage of improving efficiency by reducing temperature loss and increasing accuracy in predicting weather.
Finally, the combination of Ridder-Estepp-Johnson differs from the claim in that Ridder-Estepp-Johnson fails to teach automatically closing the regulator mechanism using pneumatics when communication is lost. However, automatically closing a regulator mechanism using pneumatics when communication is lost is taught by Pneumatic (we routinely specify that pneumatic (or motor operated valves for that matter) valves fail either or open or close on loss of signal. If you specified that the valves should fail closed on loss of signal)(page 1).
The examiner notes Ridder, Estepp, Johnson, and Pneumatic teach a method for controlling HVAC. As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ridder-Estepp-Johnson to include the automatically closing of Pneumatic such that the method automatically closes a regulator mechanism using pneumatics when communication is lost. One would be motivated to make such a combination to provide the advantage of providing a fail-safe position.
Regarding claim 4, Ridder-Estepp-Johnson-Pneumatic teach the method of claim 1, where the thermodynamic device is connected to an outdoor air source by a doorway-type connection (Ridder - AHU controller 330 can switch between free cooling and mechanical cooling by operating outside air damper 320)([0067]; a damper is a doorway type connection).
Regarding claim 5, Ridder-Estepp-Johnson-Pneumatic teach the method of claim 1, wherein a connection of the thermodynamic device to an outdoor air source includes a filter-type device (Estepp - Components of demand ventilation module 2 may be ... Filters 32 and 50)([0044]) and a forced air mechanism (Ridder - Still referring to FIG. 3, AHU 302 is shown to include ... a fan 338 positioned within supply air duct 312)([0062]).
Regarding claim 7, Ridder-Estepp-Johnson-Pneumatic teach the method of claim 1, wherein the current weather conditions are 7. captured using one or more Internet of Things sensors communicatively coupled to the thermodynamic device (Ridder - sensors 914 include outdoor air sensors configured to measure the temperature, pressure, humidity, or other attributes of the air outside the building. Sensors 914 can provide measurements as inputs to controller 640 via communications interface 902 … Communications interface 912 can be configured to communicate via local area networks or wide area networks (e.g., the Internet, a building WAN, etc.))([0122] and [0127]).
Regarding system claims 8, 11, 12, and 14, the claims generally correspond to method claims 1, 4, 5, and 7 respectively, and recite similar features in system form. Therefore, the claims are rejected under similar rational.
Regarding computer product claims 15, 18, and 19, the claims generally correspond to method claims 1, 4, and 5, respectively, and recite similar features in computer product form. Therefore, the claims are rejected under similar rational.
Response to Arguments
Applicant's arguments with respect to claims 1, 4, 5, 7, 8, 11, 12, 14, 15, 18, and 19 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
The prior art made of record on form PTO-892 and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider the reference fully when responding to this action. The document cited therein and enumerated below teaches a method and apparatus for using outside air to supplement cooling of a thermodynamic device.
4358934
4932221
5239834
9080801B2
11237537B2
20190063765A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yongjia Pan whose telephone number is (571)270-1177. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST.
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/YONGJIA PAN/Primary Examiner, Art Unit 2118