DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is responsive to the RCE filed 01/05/2026.
Claims 1-20 are pending in this application. Claims 1, 13, and 19 have been amended.
Request Continuation for Examination
2. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/05/2026 has been entered.
Double Patenting
3. 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 obviousness-type 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); and 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 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over US Patent No. 10371400 in view of US 20100010679 and further in view of US 20100114385.
Although the conflicting claims are not identical, they are not patentably distinct from each other because claim 1 of the instant application and claim 1 of US Patent No. 10371400 are both claiming: Claim 1 of US Patent No. 10371400 teaches a remote system configured to communicate with an HVAC controller, wherein the HVAC controller is for controlling one or more HVAC components of an HVAC system of a building (a remote system configured to communicate with an HVAC controller, wherein the HVAC controller executes a control algorithm for controlling one or more HVAC components of an HVAC system of a building and the remote system is remote from the building), the remote system comprising:
a communications port for sending and/or receiving data related to operation of one or more HVAC controllers (a communications port… the data related to the operation of the HVAC system is received over time from the HVAC controller via the communications port);
a memory for storing information comprising data related to the operation of one or more HVAC controllers (a memory… the data related to the operation of the HVAC system is received over time from the HVAC controller via the communications port and stored in the memory);
a controller coupled to the communications port and the memory (a controller coupled to the communications port and the memory), wherein the controller is configured to analyze at least some of the received data related to operation of an HVAC system controlled by an HVAC controller over time, and based at least in part on the analysis, develop a thermal model of a space environmentally controlled by the HVAC system (wherein the controller develops a thermal model of a space environmentally controlled by the HVAC system based at least in part on data related to operation of the HVAC system over time, where the data related to the operation of the HVAC system is received over time from the HVAC controller via the communications port and stored in the memory); and
provide an energy audit of the space that is environmentally controlled by the HVAC system based at least in part on the thermal model, and to output a result of the energy audit to a user via the communications port (the controller provides an indication of thermal efficiency of the space that is based at least in part on the thermal model, and outputs the indication of thermal efficiency to a user interface via the communications port); wherein outputting the result of the energy audit to a user via the communications port comprises displaying a report card based on the result of the energy audit on a portal (claim 17: wherein the controller outputs a report for each of the two or more buildings that is based at least in part on an actual HVAC system run time versus the predicted HVAC system run time).
The difference between the instant application and US Patent No. 10371400 is the instant application recites “wherein the report card indicates whether the HVAC system is operating normally or abnormally” and “in response to the report card indicating that the HVAC system is operating abnormally, the controller is configured to provide a recommendation to correct the abnormality”. US 20100010679 teaches the report card indicates whether the HVAC system is operating normally or abnormally (claim 15: monitoring the quantity and level of environmental equipment usage in the context of community based independent living thus acting to protect the health/safety of an occupant, and tracking recording and reporting usage, duration, egress, levels and intervals, using predictive algorithms to determine a normal level of activity, predicting and acting on abnormal changes in activity).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify US Patent No. 10371400 with US 20100010679 because it would have provided the enhanced capability for monitoring and controlling active heating / ventilating and air conditioning equipment for the purpose of energy savings and using current and prior system performance to anticipate necessary system control in order to obtain a desired energy efficiency.
The combination of US Patent No. 10371400 and US 20100010679 does not explicitly teach, US 20100114385 teaches in response to the report card indicating that the HVAC system is operating abnormally, the controller is configured to provide a recommendation to correct the abnormality ([0022]: The controller may include one or more processors dedicated to discreet tasks, for example one processor may incorporate a "training phase" after adjustments to the HVAC system have been determined, another processor may compare real time data with predicted, theoretic or best-case data, and yet another processor may evaluate an error in the system and suggest ways to reduce the error).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to combine US 20100114385 with US Patent No. 10371400 as modified by US 20100010679 because it would have provided the enhanced capability for controlling energy consumption of a heating, ventilation, and air conditioning (HVAC) system through a building automation system.
As to the remaining claims 2-20, they are also rejected under obvious type double patenting as stated in claim 1 above.
Claim Rejections - 35 USC § 103
4. 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 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 may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sloop et al. (US 20130190940) in view of Kassel et al. (US 20100010679) and further in view of Dempster et al. (US 20100114385).
It is noted that any citations to specific, pages, columns, paragraphs, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2123.
As to claim 1:
Sloop teaches a remote system configured to communicate with a heating, ventilation, and air conditioning (HVAC) controller, wherein the HVAC controller is for controlling one or more HVAC components of an HVAC system of a building (Fig. 1 and [0028]: The system 100 includes a server computing device 102, a communications network 104, a thermostat device 106 that controls the heating and/or cooling apparatus for a building, and a client computing device 108; [0031]: The data receiving module 202 also receives information from thermostat devices (e.g., thermostat 106) that are located within buildings and that control the heating and/or cooling apparatuses for the buildings), the remote system comprising:
a communications port for sending and/or receiving data related to operation of one or more HVAC controllers (Fig. 1 and [0028]: The system 100 includes a server computing device 102, a communications network 104, a thermostat device 106 that controls the heating and/or cooling apparatus for a building, and a client computing device 108. The server computing device 102 receives data from external sources (e.g., weather data, thermostat data)…transmits the set point to the thermostat 106 via the network 104 so that the thermostat can adjust the heating/cooling conditions of the building appropriately; see also, [0030-0031]);
a memory for storing information comprising data related to the operation of one or more HVAC controllers (Fig.2 and [0030-0031]: The data receiving module 202 provides an interface between external data sources (e.g., weather databases, energy providers and building thermostats) and the data storage 204…The data receiving module 202 can receive the recorded consumption information and correlate the energy usage with other types of data (e.g., thermostat data, exterior weather data) to determine how changes in outside weather conditions and adjustment of the thermostat settings impact energy consumption; [0040]: Once the optimizing and scheduling module 210 has adjusted the series of temperature set points, the module 210 transmits the series of temperature set points to the data storage 204… The thermostat 106 can perform heating and/or cooling according to the schedule of temperature set points to achieve increased energy efficiency and anticipation of demand response events);
a controller coupled to the communications port and the memory, wherein the controller is configured to analyze at least some of the received data related to operation of an HVAC system controlled by an HVAC controller over time, wherein the data related to the operation of the HVAC system is received over time from the HVAC controller via the communications port and stored in the memory and based at least in part on the analysis, develop a thermal model of a space environmentally controlled by the HVAC system (Figs. 1, 2 and [0028]: The system 100 includes a server computing device 102, a communications network 104, a thermostat device 106 that controls the heating and/or cooling apparatus for a building, and a client computing device 108. The server computing device 102 receives data from external sources (e.g., weather data, thermostat data) and determines energy response characteristics and energy requirements for a particular building. The server computing device 102 determines a temperature set point for the building, and transmits the set point to the thermostat 106 via the network 104 so that the thermostat can adjust the heating/cooling conditions of the building appropriately. The server computing device 102 also interfaces with a client computing device 108 via the network 104 to provide a portal (e.g., a web browser interface) through which a user can view the energy response characteristics and energy requirements for a building…the server computing device 102 can automatically adjust the thermostat 106 based on the comfort profile; see also, [0031] [0036], and [0040-0041]);
provide an energy audit of the space that is environmentally controlled by the HVAC system based at least in part on the thermal model, and to output a result of the energy audit to a user via the communications port ([0042]: The server computing device 102 also includes a web interface module 216. The web interface module 216 is configured to receive connection requests from client devices (e.g., client device 108 in FIG. 1) and provide a portal for the client devices to access and update the thermal profile information associated with a building. For example, a homeowner can register with the system 100 and connect to the web interface module 216 via a web browser on a client device 108. Upon logging in, the homeowner is presented with a portal containing various information related to the current energy characteristics of his home, as well as interactive features that allow the homeowner to establish and change comfort preferences for the internal temperature of his home. In some embodiments, the portal includes a home energy audit function which leverages the data stored in the system 100 (e.g., thermal profile, energy usage, weather conditions) and compares the homeowner's dwelling with other buildings that share similar thermal and/or energy consumption characteristics. The homeowner can determine the relative energy usage of his home against other homes or buildings in his area. Based on the home energy audit, the portal can also provide a customized and prioritized list of suggestions for improving the energy efficiency of the building), wherein outputting the result of the energy audit to a user via the communications port comprises displaying a report card based on the result of the energy audit on a portal ([0041]: The data verification module 212 can produce charts and other reports showing the energy savings achieved when the optimization and scheduling module 210 is run. In addition, the comparison information generated by the data verification module 212 is used to refine the coefficient models created by the modeler 206 to achieve greater accuracy and better efficiency; [0042]: The server computing device 102 also includes a web interface module 216. The web interface module 216 is configured to receive connection requests from client devices (e.g., client device 108 in FIG. 1) and provide a portal for the client devices to access and update the thermal profile information associated with a building…the homeowner is presented with a portal containing various information related to the current energy characteristics of his home, as well as interactive features that allow the homeowner to establish and change comfort preferences for the internal temperature of his home…the portal includes a home energy audit function which leverages the data stored in the system 100 (e.g., thermal profile, energy usage, weather conditions) and compares the homeowner's dwelling with other buildings that share similar thermal and/or energy consumption characteristics. The homeowner can determine the relative energy usage of his home against other homes or buildings in his area. Based on the home energy audit, the portal can also provide a customized and prioritized list of suggestions for improving the energy efficiency of the building).
Sloop, however, does not explicitly teach the following additional limitations:
Kassel teaches the report card indicates whether the HVAC system is operating normally or abnormally (claim 15: monitoring the quantity and level of environmental equipment usage in the context of community based independent living thus acting to protect the health/safety of an occupant, and tracking recording and reporting usage, duration, egress, levels and intervals, using predictive algorithms to determine a normal level of activity, predicting and acting on abnormal changes in activity).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Sloop with Kassel because it would have provided the enhanced capability for monitoring and controlling active heating / ventilating and air conditioning equipment for the purpose of energy savings and using current and prior system performance to anticipate necessary system control in order to obtain a desired energy efficiency.
The combination of Sloop and Kassel does not explicitly teach, Dempster teaches in response to the report card indicating that the HVAC system is operating abnormally, the controller is configured to provide a recommendation to correct the abnormality ([0022]: The controller may include one or more processors dedicated to discreet tasks, for example one processor may incorporate a "training phase" after adjustments to the HVAC system have been determined, another processor may compare real time data with predicted, theoretic or best-case data, and yet another processor may evaluate an error in the system and suggest ways to reduce the error).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Dempster with Sloop as modified by Kassel because it would have provided the enhanced capability for controlling energy consumption of a heating, ventilation, and air conditioning (HVAC) system through a building automation system.
As to claim 2:
Sloop teaches the remote system has access to outdoor weather data for a geographical area that encompasses the building, the controller is configured to develop the thermal model based at least in part on the outdoor weather data ([0036], [0043], and [0046]).
As to claim 3:
Sloop teaches the geographical area corresponds to a zip code ([0030] and [0035]).
As to claim 4:
Sloop teaches the outdoor weather data for the geographical area includes data related to one or more of outdoor temperature, outdoor humidity, cloudiness, solar radiation, precipitation, wind speed, wind direction, allergy alerts ([0035], [0051], and [0054]).
As to claim 5:
Sloop teaches the thermal model is dependent at least partially on one or more time based events including one or more of time of day, a season, a specified date, and a specified date range ([0036], [0040], and [0046]).
As to claim 6:
Sloop teaches the received data includes indoor temperature, outdoor temperature, and temperature setpoints relative to time ([0014-0015] and [0040]).
As to claim 7:
Sloop teaches the result of the energy audit includes an indication of thermal efficiency of the space ([0041-0042]).
As to claim 8:
Sloop teaches the result of the energy audit includes one or more of a heating degree days indication and a cooling degree days indication ([0040-0042] and [0048]).
As to claim 9:
Sloop teaches the result of the energy audit includes an indication of thermal efficiency of the space and an indication of efficiency of the HVAC system ([0040-0042] and [0048]).
As to claim 10:
Sloop teaches the result of the energy audit includes an indication of efficiency of the HVAC system trended over time ([0040-0042] and [0048]).
As to claim 11:
Sloop teaches the received data includes ambient temperature gains and losses with a numerical precision of 0.1 degree Fahrenheit or greater as sensed by a temperature sensor of the HVAC system ([0015 and [0028]).
As to claim 12:
Sloop teaches the received data includes a change in ambient temperature sensed by a temperature sensor of the HVAC system at intervals of up to one minute ([0015], [0028], and [0031]).
As to claim 13:
The rejection of claim 1 above is incorporated herein in full. Sloop further teaches a controller coupled to the communications port and the memory, wherein the controller is configured to analyze at least some of the received data related to an operation of an HVAC system controlled by one or more of the HVAC controllers over time, and based at least in part on the analysis, output a building report graphically depicting operation of the HVAC system over time (Figs. 1, 2 and [0028]: The system 100 includes a server computing device 102, a communications network 104, a thermostat device 106 that controls the heating and/or cooling apparatus for a building, and a client computing device 108. The server computing device 102 receives data from external sources (e.g., weather data, thermostat data) and determines energy response characteristics and energy requirements for a particular building. The server computing device 102 determines a temperature set point for the building, and transmits the set point to the thermostat 106 via the network 104 so that the thermostat can adjust the heating/cooling conditions of the building appropriately. The server computing device 102 also interfaces with a client computing device 108 via the network 104 to provide a portal (e.g., a web browser interface) through which a user can view the energy response characteristics and energy requirements for a building…the server computing device 102 can automatically adjust the thermostat 106 based on the comfort profile; [0041]: The server computing device 102 also includes a data verification module 212. The data verification module 212 retrieves energy usage data for the building from a prior time period and compares the usage data to what was predicted by the system 100 for the same time period. For example, the data verification module 212 retrieves the energy usage data (e.g., as provided by a smart meter or from a utility) for a customer's home on a particular day. The data verification module 212 also retrieves the predicted energy usage for the same day, based on the determinations performed by the modeler 206, predictive outcome module 208 and optimization and scheduling module 210. The data verification module 212 compares the two energy usage values (actual vs. predicted) to determine if any deviations occurred. Based on the comparison, the data verification module 212 can provide energy usage savings data that can be presented to the customer (e.g., via the web interface module 216). In some embodiments, the data verification module 212 determines energy savings using additional methodologies. For example, the data verification module 212 can compare a building's energy usage between (i) a day where the optimization and scheduling module 210 did not adjust the temperature set point schedule for the building's thermostat and (ii) a day where the optimization and scheduling module 210 did adjust the temperature set point schedule. The data verification module 212 can produce charts and other reports showing the energy savings achieved when the optimization and scheduling module 210 is run. In addition, the comparison information generated by the data verification module 212 is used to refine the coefficient models created by the modeler 206 to achieve greater accuracy and better efficiency), comprising displaying the report based on the analysis on a portal ([0041]: The data verification module 212 can produce charts and other reports showing the energy savings achieved when the optimization and scheduling module 210 is run. In addition, the comparison information generated by the data verification module 212 is used to refine the coefficient models created by the modeler 206 to achieve greater accuracy and better efficiency; [0042]: The server computing device 102 also includes a web interface module 216. The web interface module 216 is configured to receive connection requests from client devices (e.g., client device 108 in FIG. 1) and provide a portal for the client devices to access and update the thermal profile information associated with a building…the homeowner is presented with a portal containing various information related to the current energy characteristics of his home, as well as interactive features that allow the homeowner to establish and change comfort preferences for the internal temperature of his home…the portal includes a home energy audit function which leverages the data stored in the system 100 (e.g., thermal profile, energy usage, weather conditions) and compares the homeowner's dwelling with other buildings that share similar thermal and/or energy consumption characteristics. The homeowner can determine the relative energy usage of his home against other homes or buildings in his area. Based on the home energy audit, the portal can also provide a customized and prioritized list of suggestions for improving the energy efficiency of the building).
Sloop, however, does not explicitly teach the following additional limitations:
Kassel teaches the report indicates whether the HVAC system is operating normally or abnormally (claim 15: monitoring the quantity and level of environmental equipment usage in the context of community based independent living thus acting to protect the health/safety of an occupant, and tracking recording and reporting usage, duration, egress, levels and intervals, using predictive algorithms to determine a normal level of activity, predicting and acting on abnormal changes in activity).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Sloop with Kassel because it would have provided the enhanced capability for monitoring and controlling active heating / ventilating and air conditioning equipment for the purpose of energy savings and using current and prior system performance to anticipate necessary system control in order to obtain a desired energy efficiency.
The combination of Sloop and Kassel does not explicitly teach, Dempster teaches in response to the report card indicating that the HVAC system is operating abnormally, the controller is configured to provide a recommendation to correct the abnormality ([0022]: The controller may include one or more processors dedicated to discreet tasks, for example one processor may incorporate a "training phase" after adjustments to the HVAC system have been determined, another processor may compare real time data with predicted, theoretic or best-case data, and yet another processor may evaluate an error in the system and suggest ways to reduce the error).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Dempster with Sloop as modified by Kassel because it would have provided the enhanced capability for controlling energy consumption of a heating, ventilation, and air conditioning (HVAC) system through a building automation system.
As to claim 14:
Sloop teaches the received data includes one or more of indoor temperature data, indoor humidity data, temperature setpoint data, outdoor temperature data, outdoor humidity data, heating activation data, and cooling activation data ([0014-0015] and [0040]).
As to claim 15:
Sloop teaches the building report is based at least in part on a customized thermal model developed for the building ([0037-0038] and [0042]).
As to claim 16:
Sloop teaches the building report includes an estimate of future performance of the HVAC system ([0037-0038] and [0041]).
As to claim 17:
Sloop teaches the building report compares the estimate of future performance of the HVAC system to actual performance of the HVAC system ([0041] and [0055]).
As to claim 18:
Sloop teaches the estimate of future performance of the HVAC system includes an estimate of HVAC system run time that is based at least in part on a customized thermal model developed for the building with inputs of an outdoor temperature, an outdoor humidity, and a setpoint temperature of the HVAC controller ([0037-0038], [0041] and [0055]).
As to claim 19:
Sloop teaches a remote contractor system (Fig. 1) comprising:
a communications port for sending and/or receiving data related to operation of two or more heating, ventilation, and air conditioning (HVAC) controllers of two or more HVAC systems, each servicing one of two or more buildings (Fig. 1 and [0028]: The system 100 includes a server computing device 102, a communications network 104, a thermostat device 106 that controls the heating and/or cooling apparatus for a building, and a client computing device 108. The server computing device 102 receives data from external sources (e.g., weather data, thermostat data)…transmits the set point to the thermostat 106 via the network 104 so that the thermostat can adjust the heating/cooling conditions of the building appropriately; Fig.2 and [0030-0031]: The data receiving module 202 provides an interface between external data sources (e.g., weather databases, energy providers and building thermostats) and the data storage 204 of the server computing device 102. The data receiving module 202 receives data associated with atmospheric conditions and weather from various external data collection and/or monitoring systems (e.g., NWS, NOAA, Earth Networks Weather Network)… The data receiving module 202 also receives information from thermostat devices (e.g., thermostat 106) that are located within buildings and that control the heating and/or cooling apparatuses for the buildings), wherein the received data includes one or more of indoor temperature data, indoor humidity data, temperature setpoint data, outdoor temperature data, outdoor humidity data, heating activity data, and cooling activity data ([0046]: a certain amount of energy will be consumed by buildings…the server computing device 102 can proactively adjust the temperature set points for some or all of the thermostats (e.g., thermostat 106) to reduce or eliminate consumption of energy by the buildings during the peak demand time; [0048]: The server computing device 102 can also adjust the temperature set point schedules of the thermostats to account for the reduced energy consumption while approximately maintaining the temperature desired by the occupant and/or specified in the schedule);
a memory for storing received data related to the operation of the two or more HVAC systems (Fig.2 and [0030-0031]: The data receiving module 202 provides an interface between external data sources (e.g., weather databases, energy providers and building thermostats) and the data storage 204…The data receiving module 202 can receive the recorded consumption information and correlate the energy usage with other types of data (e.g., thermostat data, exterior weather data) to determine how changes in outside weather conditions and adjustment of the thermostat settings impact energy consumption; [0040]: Once the optimizing and scheduling module 210 has adjusted the series of temperature set points, the module 210 transmits the series of temperature set points to the data storage 204… The thermostat 106 can perform heating and/or cooling according to the schedule of temperature set points to achieve increased energy efficiency and anticipation of demand response events);
a controller coupled to the communications port and the memory; wherein the controller is configured to perform an analysis of the received data over time, and based at least in part on the analysis, identify a customized thermal model for each of the two or more buildings (Figs. 1, 2 and [0028]: The system 100 includes a server computing device 102, a communications network 104, a thermostat device 106 that controls the heating and/or cooling apparatus for a building, and a client computing device 108. The server computing device 102 receives data from external sources (e.g., weather data, thermostat data) and determines energy response characteristics and energy requirements for a particular building. The server computing device 102 determines a temperature set point for the building, and transmits the set point to the thermostat 106 via the network 104 so that the thermostat can adjust the heating/cooling conditions of the building appropriately. The server computing device 102 also interfaces with a client computing device 108 via the network 104 to provide a portal (e.g., a web browser interface) through which a user can view the energy response characteristics and energy requirements for a building…the server computing device 102 can automatically adjust the thermostat 106 based on the comfort profile; [0046]: based on the predictive modeling, temperature set point generation, and associated analysis, the server computing device 102 determines that a certain amount of energy will be consumed by buildings connected to the system 100 over the course of the following day. The server computing device 102 also determines that, based on weather forecast information, there may be a peak demand event for energy during a two-hour window the following day (e.g., due to forecast low/high external temperatures or a forecast change in external temperature). Because the server computing device 102 has identified an amount of energy that will be potentially used during that two-hour window, the server computing device 102 can proactively adjust the temperature set points for some or all of the thermostats (e.g., thermostat 106) to reduce or eliminate consumption of energy by the buildings during the peak demand time);
wherein the controller is further configured to generate a predicted HVAC system run time for each of the two or more buildings based, at least in part, on the corresponding customized thermal model; and wherein the controller is configured to output a report for each of the two or more buildings that is based at least in part on an actual HVAC system run time versus the predicted HVAC system run time ([0046]: based on the predictive modeling, temperature set point generation, and associated analysis, the server computing device 102 determines that a certain amount of energy will be consumed by buildings connected to the system 100 over the course of the following day. The server computing device 102 also determines that, based on weather forecast information, there may be a peak demand event for energy during a two-hour window the following day (e.g., due to forecast low/high external temperatures or a forecast change in external temperature). Because the server computing device 102 has identified an amount of energy that will be potentially used during that two-hour window, the server computing device 102 can proactively adjust the temperature set points for some or all of the thermostats (e.g., thermostat 106) to reduce or eliminate consumption of energy by the buildings during the peak demand time; [0041]: The server computing device 102 also includes a data verification module 212. The data verification module 212 retrieves energy usage data for the building from a prior time period and compares the usage data to what was predicted by the system 100 for the same time period. For example, the data verification module 212 retrieves the energy usage data (e.g., as provided by a smart meter or from a utility) for a customer's home on a particular day. The data verification module 212 also retrieves the predicted energy usage for the same day, based on the determinations performed by the modeler 206, predictive outcome module 208 and optimization and scheduling module 210. The data verification module 212 compares the two energy usage values (actual vs. predicted) to determine if any deviations occurred. Based on the comparison, the data verification module 212 can provide energy usage savings data that can be presented to the customer (e.g., via the web interface module 216). In some embodiments, the data verification module 212 determines energy savings using additional methodologies. For example, the data verification module 212 can compare a building's energy usage between (i) a day where the optimization and scheduling module 210 did not adjust the temperature set point schedule for the building's thermostat and (ii) a day where the optimization and scheduling module 210 did adjust the temperature set point schedule. The data verification module 212 can produce charts and other reports showing the energy savings achieved when the optimization and scheduling module 210 is run. In addition, the comparison information generated by the data verification module 212 is used to refine the coefficient models created by the modeler 206 to achieve greater accuracy and better efficiency; [0042]: The server computing device 102 also includes a web interface module 216. The web interface module 216 is configured to receive connection requests from client devices (e.g., client device 108 in FIG. 1) and provide a portal for the client devices to access and update the thermal profile information associated with a building…the portal includes a home energy audit function which leverages the data stored in the system 100 (e.g., thermal profile, energy usage, weather conditions) and compares the homeowner's dwelling with other buildings that share similar thermal and/or energy consumption characteristics. The homeowner can determine the relative energy usage of his home against other homes or buildings in his area. Based on the home energy audit, the portal can also provide a customized and prioritized list of suggestions for improving the energy efficiency of the building; [0055]: FIG. 4 is a diagram showing power usage and temperature readings as determined by predictions of the system 100 in comparison to actual power usage and temperature readings for an example building over an example time period. In the graph of FIG. 4, line 402 represents the average actual power usage, line 404 represents the average power usage prediction as determined by the system 100, line 406 represents the average actual indoor temperature and line 408 represents the average indoor temperature prediction as determined by the system 100. The data depicted in FIG. 4 was captured during a demand response event. As shown in FIG. 4, the techniques described herein provide accurate predictions of demand response capacity and the impact of demand response on indoor house temperatures. The deviations between actual and predicted values for both power (e.g., 402, 404) and indoor temperature (e.g., 406, 408) are small and demonstrate the effectiveness of the system 100 in providing accurate predictions); wherein the report is output for display on a portal ([0041]: The data verification module 212 can produce charts and other reports showing the energy savings achieved when the optimization and scheduling module 210 is run. In addition, the comparison information generated by the data verification module 212 is used to refine the coefficient models created by the modeler 206 to achieve greater accuracy and better efficiency; [0042]: The server computing device 102 also includes a web interface module 216. The web interface module 216 is configured to receive connection requests from client devices (e.g., client device 108 in FIG. 1) and provide a portal for the client devices to access and update the thermal profile information associated with a building…the homeowner is presented with a portal containing various information related to the current energy characteristics of his home, as well as interactive features that allow the homeowner to establish and change comfort preferences for the internal temperature of his home…the portal includes a home energy audit function which leverages the data stored in the system 100 (e.g., thermal profile, energy usage, weather conditions) and compares the homeowner's dwelling with other buildings that share similar thermal and/or energy consumption characteristics. The homeowner can determine the relative energy usage of his home against other homes or buildings in his area. Based on the home energy audit, the portal can also provide a customized and prioritized list of suggestions for improving the energy efficiency of the building).
Sloop, however, does not explicitly teach the following additional limitations:
Kassel teaches the report indicates whether the HVAC system is operating normally or abnormally (claim 15: monitoring the quantity and level of environmental equipment usage in the context of community based independent living thus acting to protect the health/safety of an occupant, and tracking recording and reporting usage, duration, egress, levels and intervals, using predictive algorithms to determine a normal level of activity, predicting and acting on abnormal changes in activity).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Sloop with Kassel because it would have provided the enhanced capability for monitoring and controlling active heating / ventilating and air conditioning equipment for the purpose of energy savings and using current and prior system performance to anticipate necessary system control in order to obtain a desired energy efficiency.
The combination of Sloop and Kassel does not explicitly teach, Dempster teaches in response to the report card indicating that the HVAC system is operating abnormally, the controller is configured to provide a recommendation to correct the abnormality ([0022]: The controller may include one or more processors dedicated to discreet tasks, for example one processor may incorporate a "training phase" after adjustments to the HVAC system have been determined, another processor may compare real time data with predicted, theoretic or best-case data, and yet another processor may evaluate an error in the system and suggest ways to reduce the error).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Dempster with Sloop as modified by Kassel because it would have provided the enhanced capability for controlling energy consumption of a heating, ventilation, and air conditioning (HVAC) system through a building automation system.
As to claim 20:
Sloop teaches the report compares an actual HVAC system run time for a particular building to predicted HVAC system run times of two or more other buildings ([0041-0042]).
Response to Arguments
6. Applicants' arguments filed 01/05/2026 have been considered but are moot in
view of the new ground(s) of rejection.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VAN H. NGUYEN whose telephone number is (571) 272-3765. The examiner can normally be reached on Monday- Friday from 9:00AM to 5:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LEWIS BULLOCK, can be reached at telephone number (571) 272-3759. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VAN H NGUYEN/
Primary Examiner, Art Unit 2199