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 .
DETAILED ACTION
Priority
Acknowledgment is made of applicant's claim for domestic benefit based on a provisional application 62/943,618 filed on December 4, 2019.
DETAILED ACTION
Claims 1 - 17 are pending in the application.
Claim 1 is independent.
This action is Final based on a new 35 U.S.C. §103 prior art reference that was necessitated by the applicant’s amendment; see MPEP §706.07(a).
Claim Rejections - 35 USC § 103
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 – 8, 12, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Drees et al. (US Patent No. 8,788,097), herein “Drees” in view of Kates (PG Pub. No. 20070139183), herein “Kates” in view of Seo et al. (US PG Pub. No. 20160097556), herein “Seo.”
Regarding claim 1,
Drees teaches a control system automatically learning and adapting to the energy usage of an equipment, the system comprising: (Examiner’s Note - MPEP 2111.02(II) states: “The claim preamble must be read in the context of the entire claim. The determination of whether preamble recitations are structural limitations or mere statements of purpose or use “can be resolved only on review of the entirety of the [record] to gain an understanding of what the inventors actually invented and intended to encompass by the claim” as drafted without importing “‘extraneous’ limitations from the specification.” Corning Glass Works, 868 F.2d at 1257, 9 USPQ2d at 1966. If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction.” In this case, the preamble states that “A control system automatically learning and adapting to the energy usage of an equipment…” However, the remaining claim elements do not support or teach any machine or automatic “learning” or “adapting” and thus is not given patentable weight. Nonetheless, Drees teaches in Col. 16, lines 29 – 34: “In some exemplary embodiments the DR layer 112 may include a control module configured to actively initiate control actions ( e.g., automatically changing setpoints) which minimize energy costs based on one or more inputs representative of or based on demand ( e.g., price, a curtailment signal, a demand level, etc.).”)
a computer coupled to a network, the computer comprising a processor and a storage, the storage having baseline energy usage data for the equipment and a threshold data stored therein; (Col. 1, lines 46 – 50 and Col. 20, lines 2 – 48)
a first sensor coupled to the network and generating energy usage data for the equipment; and (Col. 30, lines 23 – 41: “The second controller is an equipment controller that provides direct control over building equipment. For example, a master controller may be used to provide a setpoint temperature to an AHU controller. In other embodiments, the second controller can be any of the lowest level controllers within the building management system. At step 804, equipment data is collected at the second controller. For example, the equipment data may be a measured temperature, a power consumption, a performance metric, a position value, a fan speed, a damper output, etc. or any other data associated with the controlled equipment. At step 806, the equipment data is processed relative to a rule condition to detect a fault in the equipment. For example, the rule condition may test to see if the measured temperature is above a specified value. In an exemplary embodiment, the rule condition may be selectively applied based on the operational state of the second controller itself. At step 808, the detected fault is reported to the master controller from the second controller.” Col. 20, lines 58 – 63: “The AM&V layer 110 can be used to audit smart meter data (or other data used by the utility) by measuring energy consumption directly from the building subsystems or knowledge of building subsystem usage and comparing the measurement or knowledge to the metered consumption data.” Col. 26, lines 54 – 57: “For example, data from the building management system may include a measured temperature, a power consumption, a performance metric, a position value, a fan speed, a damper output, etc.” See also Col. 9, lines 8 – 11; Col. 21, lines 57 – Col. 22, line 3)
a second sensor coupled to the network and generating a second sensor data, (Col. 4, lines 20 – 34: “Each of building subsystems 128 include any number of devices, controllers, and connections for completing their individual functions and control activities. For example, HVAC subsystem 140 may include a chiller, a boiler, any number of air handling units, economizers, field controllers, supervisory controllers, actuators, temperature sensors, or other devices for controlling the temperature within a building. As another example, lighting subsystem 142 may include any number of light fixtures, ballasts, lighting sensors, dimmers, or other devices configured to controllably adjust the amount of light provided to a building space. Security subsystem 138 may include occupancy sensors, video surveillance cameras, digital video recorders, video processing servers, intrusion detection devices, access control devices and servers, or other security-related devices.”)
the computer generating either adjusted baseline energy usage data or adjusted threshold data based on the second sensor data; (Col. 1, lines 51 – 59: “In some embodiments, the method may further include causing a graphical user interface to be displayed on an electronic display device configured to receive a new threshold as input and the rule condition is adjusted in response to the user input. In another embodiment, a processing circuit completes the determining and adjusting steps without user input. In another embodiment, the new threshold value is determined by comparing the threshold to an estimated error for a measurement value obtained from a sensor.” Col. 1, line 56 – Col. 2, line 3: “In another embodiment, the new threshold value is determined by comparing the threshold to an estimated error for a measurement value obtained from a sensor. The new threshold value may also be determined by comparing an estimated power consumption of a controlled device to an actual power consumption of the controlled device. In yet another embodiment, the rule condition has a trigger condition and a content condition and the step of using the adjusted rule condition to detect a fault comprises checking the trigger condition to determine whether to process the content condition. In another embodiment, the fault detection data comprises a history of detected faults and the computer determines a need for the threshold adjustment by determining when a fault has frequently occurred.” Col. 20, lines 31 – 34: “The AM&V layer 110 may be configured to track (e.g., using received communications) the inputs for use by such a validation method at regular intervals and may be configured to make adjustments to an "adjusted baseline energy use"…” Col. 21, lines 6 – 17: “The DR layer 112 may track meter data to create a subhourly baseline model against which to measure load reductions. The model may be based on average load during a period of hours prior to the curtailment event, during the five prior uncontrolled days, or as specified by other contract requirements from a utility or curtailment service provider (e.g., broker). The calculations made by the AM&V layer 110 may be based on building system energy models and may be driven by a combination of stipulated and measured input parameters to estimate, calculate, apportion, and/or plan for load reductions resulting from the DR control activities.” Col. 28, lines 43 – 52: “Referring now to FIG. 7A, a flow diagram of a fault detection strategy that incorporates a threshold adjustment is shown, according to an exemplary embodiment. Fault detection strategy 700 includes step 702, wherein a stored rule condition is used to detect a fault in the building management system. At step 704, a need for a threshold adjustment is determined. In one exemplary embodiment, this may be determined by a user and inputted into the system. For example, a technician may indicate to the system that an excess of alerts relate to a given sensor.” Col. 28, lines 43 – 66.)
Drees may implicitly teach that when the energy threshold or usage exceeds a value or a new threshold/baseline and then generates an alarm. (See Col. 20, line 65 – Col. 21, line 17; Col. 32, line 65 – Col. 33, line 3; Col. 13, line 46 – Col. 14, line 18; Col. 8, line 56 – Col. 9, line 17; Col. 20, lines 2 – 48; Col. 26, line 47 – Col. 27, line 13; and Col. 29, line 66 – Col. 30, line 16. However, Kates explicitly teaches that when the energy usage data exceeds either the adjusted baseline energy usage data or adjusted threshold data, the computer initiates at least one of setting the equipment to a preset setting, controlling the equipment based on a preset program, and generating an alarm. (Par. 0019: “In one embodiment, the adjustable-threshold sensor sets a threshold level according to an average value of the sensor reading. In one embodiment, the average value is a relatively long-term average. In one embodiment, the average is a time-weighted average wherein recent sensor readings used in the averaging process are weighted differently than less recent sensor readings. The average is used to set the threshold level. When the sensor reading rises above the threshold level, the sensor indicates an alarm condition. In one embodiment, the sensor indicates an alarm condition when the sensor reading rises above the threshold value for a specified period of time. In one embodiment, the sensor indicates an alarm condition when a statistical number of sensor readings (e.g., 3 of 2, 5 of 3, 10 of 7, etc.) are above the threshold level. In one embodiment, the sensor indicates various levels of alarm (e.g., notice, alert, alarm) based on how far above the threshold the sensor reading has risen and/or how rapidly the sensor reading has risen.” Par. 0091: “In one embodiment, an optional current probe 821 is provided to measure electric current provided to a heating element 820 in an electric water heater. Using data from the current probe 821, the sensor unit 102 reports conditions, such as, for example, no current (indicating a burned-out heating element 820).” See also Abstract, Par. 0018, Par. 0021, 0106, 0109, 0110, and 0115).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have combined the adjustable power threshold system that first establishes a threshold or baseline and uses both power and temperature sensors and adjust the threshold based on the sensor readings which may be a temperature as in Drees with a system and method that generates an alarm when a sensor or probe that measures current to a heater senses a value that is above an adjusted threshold as in Kates in order to avoid false alarms and to allow for natural aging of components, and to allow for natural variations in the ambient environment. (Par. 0006)
Drees and Kates do not teach the amended portion throughout the claim that energy usage data is from one or more of the plurality pieces of equipment or adjusting a baseline or threshold data on one or more plurality pieces of equipment. Seo teaches these elements in several cited paragraphs as follows: Paragraph 0080: “The power consumption managing device 120 can extract a power consumption pattern from the external server 130 based on the operating state information of the air conditioner 110. The power consumption managing device 120 can adjust a threshold value of the predicted power consumption based on the extracted power consumption pattern of the air conditioner 110. For example, if the extracted power consumption pattern based on the operating state information of the air conditioner 110 exceeds a threshold value of the predicted power consumption pattern versus time, the threshold value of the power consumption pattern versus time can be adjusted by calculating an average value of the extracted power consumption pattern based on the threshold value and the operating state information of the air conditioner 110.” See also Abstract, Par. 0009 – 0011, 0042, 0052, 0054, 0064 -pattern of power consumption is a base or baseline, 0083, 0084, and 0090. See also paragraphs 0051, 0060, and 0082, that teaches a plurality of air conditioners. See also Par. 0060, 0062, 0091, 0101, 0106 that may teach the problem that the instant application discloses that the air conditioners have performance deterioration or deteriorating speeds as “time elapses” (Par. 0101).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have combined the adjustable power threshold system that first establishes a threshold or baseline and uses both power and temperature sensors and adjust the threshold based on the sensor readings which may be a temperature as in Drees with a system and method that generates an alarm when a sensor or probe that measures current to a heater senses a value that is above an adjusted threshold as in Kates with a system that adjusts a threshold value of power consumption based on the monitored deteriorating condition of the air conditioner(s) as in Seo in order to adjust a threshold value to consider a higher threshold value range of the predicted power consumption pattern versus time adjust for the state information of one or more air conditioners. (Par. 0081)
Regarding claim 2,
The previously cited references teach the limitations of claim 1 which claim 2 depends. Kates also teaches that said first sensor comprises a current sensor. (Par. 0091: “…an optional current probe 821 is provided to measure electric current provided to a heating element 820 in an electric water heater. Using data from the current probe 821, the sensor unit 102 reports conditions, such as, for example, no current (indicating a burned-out heating element 820). An over-current condition often indicates that the heating element 820 is encrusted with mineral deposits and needs to be replaced or cleaned. By measuring the current provided to the water heater, the monitoring system can measure the amount of energy provided to the water heater and thus the cost of hot water, and the efficiency of the water heater.”)
Regarding claim 3,
The previously cited references teach the limitations of claim 1 which claim 3 depends. Drees also teaches that the wherein the preset setting comprises at least one of a preset level of operation, a preset duration of operation or turning the equipment off. (Col. 17, lines 55 – 65: “The DR layer 112 may be configured to include one or more adjustable control algorithms in addition to or as an alternative from allowing the user creation of DR profiles. For example, one or more control algorithms may be automatically adjusted by the DR layer 112 using dynamic programming or model predictive control modules. In one embodiment business rules engine 312 is configured to respond to a DR event by adjusting a control algorithm or selecting a different control algorithm to use (e.g., for a lighting system, for an HVAC system, for a combination of multiple building subsystems, etc.).”)
Regarding claim 4,
The previously cited references teach the limitations of claim 1 which claim 4 depends. Drees also teaches that the preset program is selected to perform at least one of run the equipment through a diagnostic routine, cycle the equipment, turning the equipment off, or resetting the equipment. (Col. 13, lines 46 – 55: “In an exemplary embodiment, when a fault is detected, the automated diagnostics module 414 is configured to investigate the fault by initiating expanded data logging and error detection/diagnostics activities relative to the inputs, outputs, and systems related to the fault. For example, the automated diagnostics module 414 may be configured to poll sensors associated with an air handling unit (AHU) (e.g., temperature sensors for the space served by the AHU, air flow sensors, position sensors, etc.) on a frequent or more synchronized basis to better diagnose the source of a detected AHU fault.” See also Col. 13, line 56 – Col. 14, line 8 and Col. 29, lines 3 - 19.)
Regarding claim 5,
The previously cited references teach the limitations of claim 1 which claim 5 depends. Drees also teaches that the second sensor data is at least one of: temperature, humidity, wind, a door status, and an occupancy status. (Col. 13, lines 46 – 55: “In an exemplary embodiment, when a fault is detected, the automated diagnostics module 414 is configured to investigate the fault by initiating expanded data logging and error detection/diagnostics activities relative to the inputs, outputs, and systems related to the fault. For example, the automated diagnostics module 414 may be configured to poll sensors associated with an air handling unit ( AHU) (e.g., temperature sensors for the space served by the AHU, air flow sensors, position sensors, etc.) on a frequent or more synchronized basis to better diagnose the source of a detected AHU fault.” See also Col. 15, lines 11 – 48 and Col. 31, lines 41 - 50.)
Regarding claim 6,
The previously cited references teach the limitations of claim 1 which claim 6 depends. Kates also teaches that the alarm is at least one of a visual indication, an audio indication and a digital message. (Par. 0015: “In one embodiment, depending on the severity of the alarm, when the monitoring computer communicates a message to the PMU such as an alert, the monitoring computer can wait for an acknowledgement communication to be sent from the PMU to the monitoring computer.” See also Par. 0133 and 0136.)
Regarding claim 7,
The previously cited references teach the limitations of claim 6 which claim 7 depends. Kates also teaches that wherein the alarm escalates from an initial visual indication or audio indication to a digital message if the alarm is not cleared within a specified time duration. (Par. 0015: “In one embodiment, depending on the severity of the alarm, when the monitoring computer communicates a message to the PMU such as an alert, the monitoring computer can wait for an acknowledgement communication to be sent from the PMU to the monitoring computer.” See also Par. 0133 and 0136.)
Regarding claim 8,
The previously cited references teach the limitations of claim 6 which claim 8 depends. Kates also teaches that wherein the digital message comprises at least one of a text message and an email. (Par. 0044: “The computer system 113 contacts a building manager, maintenance service, alarm service, or other responsible personnel 120 using one or more of several communication systems such as, for example, PMU 125, telephone 121, pager 122, cellular telephone 123 (e.g., direct contact, voicemail, text, etc.), and/or through the Internet and/or local area network 124 (e.g., through email, instant messaging, network communications, etc.).” )
Regarding claim 12,
The previously cited references teach the limitations of claim 6 which claim 8 depends. Drees also teaches that the baseline energy usage data is based on criteria selected from at least one of a time of day, a date, a geographic location where the equipment is installed, a perm rating of a building in which the equipment is installed, historical usage data for the equipment, and an expected degradation in the efficiency of the equipment. (Col. 20, lines 23 – 34: “…which specifies a method for the direct comparison of monthly or daily energy use from a baseline model to actual data from the post-installation measurement period. IPMVP Option C, for example, may specify for adjustments to be made of the base-year energy model analysis to account for current year over base year changes in energy-governing factors such as weather, metering period, occupancy, or production volumes. The AM&V layer 110 may be configured to track (e.g., using received communications) the inputs for use by such a validation method at regular intervals and may be configured to make adjustments to an "adjusted baseline energy use" model…” See also Col. 21, lines 6 – 17 and Col. 29, lines 3 – 30 (historic values that indicates a decrease in performance of the equipment.)
Regarding claim 17,
The previously cited references teach the limitations of claim 1 which claim 17 depends. Drees also teaches that the baseline energy usage data is reflective of cycling of the equipment including at least one of a frequency in the cycling of the equipment, a duration of each cycle, and a magnitude of energy usage during each cycle. (Col. 14, lines 31 – 60: “Further, data and processing results from modules 412, 414, 416, 418 or other data stored or modules of a fault detection and diagnostics layer can be provided to the enterprise integration layer shown in FIGS. 1A and 1B. Monitoring and reporting applications 120 can then access the data or be pushed the data so that real time "system health" dashboards can be viewed and navigated by a user (e.g., a building engineer). For example, monitoring and reporting applications 120 may include a web-based monitoring application that includes several graphical user interface (GUI) elements (e.g., widgets, dashboard controls, windows, etc.) for displaying key performance indicators (KPI) or other information to users of a GUI using FDD layer 114 information or analyses. In addition, the GUI elements may summarize relative energy use and intensity across different buildings (real or modeled), different campuses, or the like. Other GUI elements or reports may be generated and shown based on available data that allow facility managers to assess performance across a group of buildings from one screen. The user interface or report (or underlying data engine) may be configured to aggregate and categorize faults by building, building type, equipment type, fault type, times of occurrence, frequency of occurrence, severity, and the like. The GUI elements may include charts or histograms that allow the user to visually analyze the magnitude of occurrence of specific faults or equipment for a building, time frame, or other grouping. A "time series" pane of the GUI may allow users to diagnose a fault remotely by analyzing and comparing interval time-series data, trends, and patterns for various input/output points tracked/logged by the FDD layer 114.”)
Claims 9 - 11 are rejected under 35 U.S.C. 103 as being unpatentable over Drees in view of Kates in further view of Seo in further view of Lerick et al. (PG Pub. No. 20160117646), herein “Lerick.”
Regarding claim 9,
The previously cited references teach the limitations of claim 8 which claim 9 depends. They do not teach that when a threshold is exceed to generate a message with diagnostic data and/or a link. However, Lerick does teach a the digital message includes one of a diagnostic data for the equipment or a link for connecting to the diagnostic data for the equipment. (Par. 0097: “Referring to FIG. 5H, the screenshot 500h depicts a component list 514 for the work order being expanded as part of the view of the work order. The component list 514 is depicted as being collapsed in the screenshot 500g. The component list 514 provides specific information about the components that are in need of being serviced as part of the work order, including specific product names, product numbers, serial numbers, status information, and cost information.” Par. 0131: “In another example, the mobile apps and webpages that are described as being provided for building owners (e.g. homeowners) can include maintenance checklists for users to perform on the specific components that are installed in their building. Such checklists can track when maintenance is performed and information about such maintenance can be logged in association with the building. The checklists feature can provide the user with reminders about upcoming maintenance, instructions as to how to perform the maintenance, and features through which users can submit a service request for a professional to perform the maintenance. Incentives may be tied to performance of one or more maintenance items on the checklist, such as lower warranty renewal rates when suggested maintenance is performed on a component according to the suggested maintenance schedule.” Par. 0005, 0033 – 0036, 0045 - 0049, 0084, 0098, and 0132.)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have combined the adjustable power threshold system that first establishes a threshold or baseline and uses both power and temperature sensors and adjust the threshold based on the sensor readings which may be a temperature as in Drees with a system and method that generates an alarm when a sensor or probe that measures current to a heater senses a value that is above an adjusted threshold as in Kates with a system that adjusts a threshold value of power consumption based on the monitored deteriorating condition of the air conditioner(s) as in Seo with a method and system that identifies an issue in a building and provide a text message to a homeowner including the components need to complete the repair as in Lerick in order to assist users in triaging and resolving issues that may arise with a building, such as light switches not working properly and/or fire suppression systems (e.g., sprinkler systems) malfunctioning. For instance, users can be guided through a process to identify specific components and systems within a building that are malfunctioning, to determine whether the issue is currently under warranty, and/or to determine a level of urgency for resolving the problem. Such a process can additionally include identifying service technicians qualified to resolve the issues with the appropriate components within an acceptable timeframe based on the level of urgency. (Par. 0004)
Regarding claim 10,
The previously cited references teach the limitations of claim 9 which claim 10 depends. Lerick also teaches that an operation of the equipment is adjusted when a link is included in the digital message. (Par. 0010: “Other embodiments of these aspects include corresponding apparatus and computer programs recorded on one or more computer storage devices, configured to perform the actions of the methods. A system of one or more computers can be configured to perform particular operations or actions by virtue of having software, firmware, hardware, or a combination of them installed on the system that in operation causes or cause the system to perform the actions. One or more computer programs can be configured to perform particular operations or actions by virtue of including instructions that, when executed by data processing apparatus, cause the apparatus to perform the actions.”
Regarding claim 11,
The previously cited references teach the limitations of claim 9 which claim 11 depends. Lerick also teaches a parts listing is provided in the digital message or the link. (0028: “For instance, it can often be difficult for a lay person to accurately identify a type of component within their home (e.g., determining whether a valve is for the gas line or the water line), let alone to identify more specific information about the components, such as the specific make and model of the component, the age of the component, average life of the component, ways in which the component may malfunction (e.g., a range of problems that may occur with the component), common ways in which the component will malfunction (e.g., particular parts that are likely to wear out before other parts of the components), symptoms that indicate different types of malfunctioning of the component, warranties associated with the component, and/or appropriate service technicians to fix the component. The computer system 102 can use the specific information about the components 106 that are installed in the building 104 to assist the homeowner in accurately identifying the source of a problem (e.g., a water leak) in the building 104, the specific components that are likely the cause of the problem, likely resolutions of the problem (e.g., replacing or repairing the specific components), the level of danger and/or severity of the problem, whether the problem is currently covered under one or more warranties, and appropriate entities (e.g., service technicians, warranty providers) to contact to resolve the problem.” See also Par. 0007, 0008, 0045, 0070, and claim 5 that teach the components to fix the issue.)
Claims 13 – 16 are rejected under 35 U.S.C. 103 as being unpatentable over Drees in view of Kates in further view of Seo in further view of Sherman et al. (PG Pub. No. 20150254958), herein “Sherman.”
Regarding claim 13,
The previously cited references teach the limitations of claim 1 which claim 13 depends. They do not teach an alert is generated when the threshold is exceed a certain number of times. However, Sherman does teach that the alarm is not generated until either a threshold for the adjusted baseline energy usage data is exceeded or the adjusted threshold data is exceeded for a minimum number of equipment cycles. (Par. 0056: “At step 400, values are obtained and stored in memory with respect to averaged samples, and the values are compared to a clog threshold stored in memory. For example, this threshold may be set at 0.150 volts above or below a stored value of a clean filter based on calibration readings. If it is determined at step 400 that the average of the readings obtained is greater (or less, depending on the upstream/downstream position of the sensing system) than this clog threshold, then a clog counter is incremented at step 420. At step 430, if the clog counter has consecutively exceeded the clog threshold a predetermined number of times, for example three times, then system 15 activates an alarm or a similar signal at step 460, which may include one or more visual or audible indications.” Par. 0011, 0055, and 0072.)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have combined the adjustable power threshold system that first establishes a threshold or baseline and uses both power and temperature sensors and adjust the threshold based on the sensor readings which may be a temperature as in Drees with a system and method that generates an alarm when a sensor or probe that measures current to a heater senses a value that is above an adjusted threshold as in Kates with a system that adjusts a threshold value of power consumption based on the monitored deteriorating condition of the air conditioner(s) as in Seo with sending an alarm when the number of times that a metric is exceeded on a HVAC component as in Sherman in order to not trigger unnecessary alarms until a threshold is met. (Par. 0053).
Regarding claim 14,
The previously cited references teach the limitations of claim 13 which claim 14 depends. Sherman also teaches that the minimum number of cycles is programmable. (Par. 0057 (programmable processor), 0073, and claims 16, 22, and 24. )
Regarding claim 15,
The previously cited references teach the limitations of claim 13 which claim 15 depends. Kates also teaches that the threshold for the adjusted baseline energy usage data or the adjusted threshold data comprises a range including: an upper threshold value and a lower threshold value. (Par. 0072: “…the controller 202 evaluates the sensor data by comparing the data value to a threshold value (e.g., a high threshold, a low threshold, or a high-low threshold). If the data is outside the threshold ( e.g., above a high threshold, below a low threshold, outside an inner range threshold, or inside an outer range threshold), then the data is deemed to be anomalous and is transmitted to the base unit 112. In one embodiment, the data threshold is programmed into the controller 202. In one embodiment, the data threshold is programmed by the base unit 112 by sending instructions to the controller 202.”)
Regarding claim 16,
The previously cited references teach the limitations of claim 15 which claim 16 depends. Kates also teaches that the alarm is generated when the energy usage data exceeds the upper threshold value or the lower threshold value. (Par. 0019: “In one embodiment, the sensor indicates an alarm condition when the sensor reading rises above the threshold value for a specified period of time. In one embodiment, the sensor indicates an alarm condition when a statistical number of sensor readings (e.g., 3 of 2, 5 of 3, 10 of 7, etc.) are above the threshold level. In one embodiment, the sensor indicates various levels of alarm (e.g., notice, alert, alarm) based on how far above the threshold the sensor reading has risen and/or how rapidly the sensor reading has risen.” Examiner’s Note – Drees teaches the element that compares or senses a current or power of a component that is above a threshold. See Col. 1, line 55 – Col. 2, line 3; Col. 28, lines 59 – 64; and claim 5.)
Response to Arguments
Applicant’s arguments with respect to all claims have been considered but are moot because the arguments do not apply in light of the new reference being used in the current rejection necessitated by amendment. Specifically, the new reference, Seo, teaches a system that monitors the power consumption (Par. 0009) and develops a pattern of power consumption and determines whether the current power consumption is within a threshold range. (Par. 0010). The system can determine the state of the air conditioner and whether a performance deterioration exists based on energy usage patterns. By the use of a power consumption managing device (120), the system can adjust a threshold value of predicted power consumption based on differing patterns of power usage of the air conditioner due to aging equipment or performance deterioration. (Par. 0060). This is on point with the instant application wherein the specification teaches in paragraph 0014 the “problem associated with aging equipment is that of mechanical degradation.” The instant application also teaches a baseline or threshold energy usage. This is also taught in Seo in paragraph 0064 wherein: “…the power consumption managing device 120 updates the predicted power consumption pattern, which is used as the base for monitoring and the threshold value of power consumption versus time…” The new reference of Seo was necessitated by amendment and therefore this is a final action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Potucek et al. (US PG Pub. No. 20180240322) may also teach the elements of claims 9 – 11 wherein if a pump consumption is greater than a threshold to provide an alert (Par. 0120) and also provide a webpage and list of materials to implement the solution. (Par. 0390 and 0422)
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 CHAD G ERDMAN whose telephone number is (571)270-0177. The examiner can normally be reached Mon - Fri 7am - 5pm EST; Off every other Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamini S. Shah can be reached at (571) 272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHAD G ERDMAN/Primary Examiner, Art Unit 2116