DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/26/26 has been entered.
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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over various claims of US Patent No. 10,345,772. Although the claims at issue are not identical, they are not patentably distinct from each other because of the reasons outlined below in this section.
For purposes of brevity, the pending claims will be laid out, side by side, with respect to the claims patented in ‘147 and each limitation of each independent claim will be discussed, but any differences between the pending dependent claims and the patented dependent claims will be explained to only the extent necessary.
Pending claim 1 Patented claims 1 and 3 of ‘772
1. A building management system, comprising:
1. A building management system comprising:
a user interface configured to display one or more user interfaces to facilitate at least one of monitoring or controlling equipment associated with the building management system, the user interface comprising a graphical display;
a user device configured to display one or more user interfaces for monitoring and controlling the building systems, the building equipment, and the one or more spaces;
one or more processing circuits comprising one or more memory devices coupled to one or more processors, the one or more memory devices configured to store instructions thereon that, when executed by the one or more processors, cause the one or more processors to:
a controller configured to:
receive a selection of a control strategy associated with a first object of the building management system;
3. … wherein the user query further comprises a change in operation of the first object; and wherein the controller is configured to determine an effect of control logic for the one or more pieces of equipment, an effect on the one or more setpoints of the one or more spaces, and an effect on the one or more values associated with the first object.
generate the graphical display illustrating (i) a relationship of the first object with a second object or (ii) a control path between the first object and the second object; and
generate a user interface illustrating the first object and a relationship of the first object with the one or more pieces of equipment impacted by the first object and the one or more spaces impacted by the first object, the user interface further illustrating a control path between the first object and the one or more pieces of equipment and the one or more spaces impacted by the first object.
indicate a set point of the second object impacted by the selection of the control strategy associated with the first object.
3. … wherein the user query further comprises a change in operation of the first object; and wherein the controller is configured to determine an effect of control logic for the one or more pieces of equipment, an effect on the one or more setpoints of the one or more spaces, and an effect on the one or more values associated with the first object.
As per pending claims 2-5, the combination of claims 1 and 3, from ‘772, adequately disclose all of the features for the reasons outlined below:
With respect to pending claim 2, patented claim 1 adequately discloses illustrating a relationship of the first object with impacted equipment and spaces.
With respect to pending claim 3, patented claim 1 adequately discloses a user interface illustrating a control path between the first object and impacted equipment and spaces.
With respect to pending claim 4, patented claim 1 adequately discloses a first object associated with a building system, piece of equipment, or space, and impacted equipment and spaces.
With respect to pending claim 5, patented claim 1 adequately discloses determining impacted equipment and spaces for a selected object.
Pending claim 6 Patented claims 1 and 3 of ‘772
6. A building management system for a building, the building management system comprising:
1. A building management system comprising:
one or more processing circuits comprising one or more memory devices coupled to one or more processors, the one or more memory devices configured to store instructions thereon that, when executed by the one or more processors, cause the one or more processors to:
a controller configured to:
select a first object of the building management system, the first object representing building system, a piece of equipment, or a space of the building;
receive a user query via the user device, the user query comprising a selection of a first object associated with one of a building system, a piece of equipment, or a space in the building;
determine a second object related to the first object;
determine one or more pieces of equipment that are impacted by the first object;
receive a selection of a control strategy associated with the first object;
3. … wherein the user query further comprises a change in operation of the first object; and wherein the controller is configured to determine an effect of control logic for the one or more pieces of equipment, an effect on the one or more setpoints of the one or more spaces, and an effect on the one or more values associated with the first object.
generate a graphical display illustrating (i) the relationship of the first object with the second object or (ii) a control path between the first object and the second object; and
generate a user interface illustrating the first object and a relationship of the first object with the one or more pieces of equipment impacted by the first object and the one or more spaces impacted by the first object, the user interface further illustrating a control path between the first object and the one or more pieces of equipment and the one or more spaces impacted by the first object.
indicate a set point of the second object impacted by the selection of the control strategy associated with the first object.
3. … wherein the user query further comprises a change in operation of the first object; and wherein the controller is configured to determine an effect of control logic for the one or more pieces of equipment, an effect on the one or more setpoints of the one or more spaces, and an effect on the one or more values associated with the first object.
With respect to pending claim 7, patented claim 1 recites a user interface for monitoring and controlling the building systems, equipment, and spaces.
With respect to pending claim 8, patented claim 8 recites the same ideas of sending or using relationship and control information through a user interface. Therefore, claim 8 merely adds an external system for presenting the same object relationship and control path data already made obvious from ‘772, claims 1 and 3.
With respect to pending claim 9, patented claim 8 recites generating a user interface illustrating the relationship and control path information.
With respect to pending claim 10, patented claim 1 recites monitoring and controlling the building systems, equipment, and spaces through a user interface.
With respect to pending claim 11, patented claim 1 recites receiving a user query that includes a selection of the first object through the user interface.
With respect to pending claim 12, patented claim 8 recites displaying all interconnected equipment and all served spaces.
With respect to pending claim 13, patented claim 8 recites a schedule of information related to control logic or a setpoint.
Pending claim 14 Patented claims 3, 11, 13 and 14
14. A management system comprising:
11. A building management system comprising:
one or more processing circuits comprising one or more memory devices coupled to one or more processors, the one or more memory devices configured to store instructions thereon that, when executed by the one or more processors, cause the one or more processors to:
a controller configured to identify a plurality of related building systems, building equipment, and one or more spaces, the controller comprising:
select a first object representing a building system, a piece of equipment, or a space of a building;
… to receive the selection of a first object associated with one of a building system, a piece of equipment, or a space in the building;
determine a second object impacted by the first object using a data set that identifies a relationship of the first object with the second object;
… to identify one or more pieces of equipment and one or more spaces impacted by the first object;
receive a selection of a control strategy for the first object; and
3. … wherein the user query further comprises a change in operation of the first object; and wherein the controller is configured to determine an effect of control logic for the one or more pieces of equipment, an effect on the one or more setpoints of the one or more spaces, and an effect on the one or more values associated with the first object.
indicate a set point of the second object impacted by the selection of the control strategy for the first object.
13. … wherein one of the object relationship module and data retrieval module is further configured to identify a setpoint for the one or more spaces;
wherein the setpoint is provided for display on the user interface.
14. … wherein the controller is further configured to determine an effect of control logic for the one or more pieces of equipment, the one or more setpoints of the one or more spaces, and an effect on the one or more setpoints of the one or more spaces.
Allowable Subject Matter
Claims 1-20 are allowed.
As per claims 1-20, specifically with respect to independent claims 1, 6 and 14, the prior art of record fails to teach of adequately suggest receiving a selection of a control strategy associated with a first building system object and indicating a set point of a second object that is impacted by the selected control strategy. The prior art generally discloses relationships between building system objects, control paths, and graphical representation of such relationship, the prior art does not adequately disclose presenting the impact of selected control strategy on a set point of a related object. This feature provides a user with direct viability into how a proposed operational change to one object affects the operating parameters of another object. This distinction forms the basis for the indication of allowable subject matter.
References Considered but Not Relied Upon
The following references were considered but were not relied upon with respect to any prior art rejections:
(1) US 9,811,249 B2, which discloses generating an operational BMS interface using building model objects, relationships, widgets, and control point data;
(2) US 9,846,531 B2, which discloses showing BAS information in both a graphical logic and geographic building view;
(3) US 10,216,155 B2, which discloses displaying building system statistics inside a graphical building view with timelines and filters;
(4) US 2017/0286204 A1, which discloses models showing how faults spread through connected building automation equipment and systems;
(5) US 2017/0315697 A1, which discloses providing 3D building management visualization for spaces, systems, and building elements; and
(6) US 2014/0059467 A1, which discloses providing a mobile graphical interface for monitoring building automation system data.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONALD D HARTMAN JR whose telephone number is (571)272-3684. The examiner can normally be reached M-F 8:30 - 4:30 EST.
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/RONALD D HARTMAN JR/Primary Patent Examiner, Art Unit 2119 June 10, 2026;
/RDH/
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