Prosecution Insights
Last updated: October 04, 2026
Application No. 18/179,809

Machine Learning Application To Predictive Energy Management

Non-Final OA §103
Filed
Mar 07, 2023
Priority
Dec 04, 2019 — provisional 62/943,618 +2 more
Examiner
ERDMAN, CHAD G
Art Unit
2116
Tech Center
2100 — Computer Architecture & Software
Assignee
Budderfly Inc.
OA Round
3 (Non-Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
463 granted / 578 resolved
+25.1% vs TC avg
Strong +18% interview lift
Without
With
+18.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
28 currently pending
Career history
600
Total Applications
across all art units

Statute-Specific Performance

§101
6.1%
-33.9% vs TC avg
§103
55.4%
+15.4% vs TC avg
§102
16.4%
-23.6% vs TC avg
§112
14.4%
-25.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 578 resolved cases

Office Action

§103
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 non-final based on a new 35 U.S.C. §103 prior art reference in the Request for Continued Application filed on 05/18/2026. 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 Conley et al. (US PG Pub. No. 20170292725), herein “Conley” in view of Seo et al. (US PG Pub. No. 20160097556), herein “Seo” in further view of Kates (PG Pub. No. 20070139183), herein “Kates.” Regarding claim 1, Conley 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, Conley teaches in paragraph 0087: “For example only, a computer learning system, such as a neural network or a genetic algorithm, may be used to refine frequency signatures. The frequency signatures may be unique to different types of HVAC systems but may share common characteristics. These common characteristics may be adapted based on the specific type of HVAC system being monitored.” See also Par. 0004 and 0005.) 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; (Par. 0086: “In addition, because the condensing unit may have been installed separately from the furnace, the installer may also record and provide to the remote monitoring system the manufacturer and model number of the condensing unit, the year installed, the refrigerant type, the tonnage, etc. Upon installation, baseline tests are run. For example, this may include running a heating cycle and a cooling cycle, which the remote monitoring system records and uses to identify initial efficiency metrics. Further, baseline profiles for current, power, and frequency domain current can be established.” Par. 0087: “The server may store baseline data for the HVAC system of each building. The baselines can be used to detect changes indicating impending or existing failures. For example only, frequency-domain current signatures of failures of various components may be preprogrammed, and may be updated based on observed evidence from contractors. For example, once a malfunction in an HVAC system is recognized, the monitoring system may note the frequency data leading up to the malfunction and correlate that frequency signature with frequency signatures associated with potential causes of the malfunction. For example only, a computer learning system, such as a neural network or a genetic algorithm, may be used to refine frequency signatures. The frequency signatures may be unique to different types of HVAC systems but may share common characteristics. These common characteristics may be adapted based on the specific type of HVAC system being monitored.” Par. 0089.) a first sensor coupled to the network and generating energy usage data for the equipment; and (Par. 0074: “The air handler monitor and condensing monitor modules may each sense an aggregate current for the respective unit without measuring individual currents of individual components.” Par. 0075: “Nevertheless, the present disclosure could also be used with additional current sensors.” Par. 0076: “Based on measurements from the air handler monitor and condensing monitor modules, the monitoring company can determine whether HVAC components are operating at their peak performance and can advise the customer and the contractor when performance is reduced. This performance reduction may be measured for the system as a whole, such as in terms of efficiency, and/or may be monitored for one or more individual components.” Par. 0086 and 0087.) a second sensor coupled to the network and generating a second sensor data, (Par. 0126: “During installation, the location of the temperature sensors may be recorded. Additionally or alternatively, a database may be maintained that specifies where temperature sensors are placed. This database may be referenced by installers and may allow for accurate remote processing of the temperature data. The database may be used for both air handler sensors and compressor/condenser sensors. The database may be prepopulated by the monitoring company or may be developed by trusted installers, and then shared with other installation contractors.” See also Seo below that teaches monitoring both indoor and outdoor temperatures (Par. 0039 and 0040). ) Conley does not teach adjusting the baseline or threshold energy use data based on the second sensor data. However, Seo does teach that the computer generating either adjusted baseline energy usage data or adjusted threshold data based on the second sensor data; (Par. 0066: “Further, the previously described IAQ monitoring and the result of a ventilation control can be applied to the change of power consumption factors. The power consumption managing device 120 can update the predicted power consumption and the threshold value of the power consumption by determining a change of power consumption factors (for example, change of a temperature or a humidity due to ventilation). Further, the power consumption managing device 120 can apply the weighted value considered in the process of updating to the following updating period. This is because the weighted value of the power consumption factor influencing the power consumption changes according to the repetition of monitoring and time.” See also Par. 0051, 0064, 0065, and 0100 – update the predicted power consumption pattern. See also Par. 0080: -adjust a threshold value of the predicted power consumption based on the extracted power consumption pattern 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 computer learning system that uses current and frequency signatures of components and/or units of an HVAC system (such as air handlers and condensers) and establishes a threshold or baseline for reach component/unit and stores the baseline on a computer or server, wherein the system also has temperature sensors as in Conley with a system that adjusts a baseline (predicted power consumption) and/or a threshold value of power consumption based on the second sensor readings such as temperature 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 to adjust for the state information of one or more air conditioners and/or the temperature. (Par. 0051, 0066, and 0081.) Conley and Seo do not teach that the condition when the energy usage exceeds the adjusted baseline power level or energy use and generating an alarm. However, Kates explicitly teaches that wherein when the energy usage data exceeds either the adjusted baseline energy usage data or adjusted threshold data for the one or more of the plurality of pieces of the equipment 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 computer initiates at least one of setting of the one or more of the plurality of pieces of the equipment to a preset setting, controlling of the one or more of the plurality of pieces of the equipment based on a preset program, and generating an alarm associated with of the one or more of the plurality of pieces of equipment. (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 computer learning system that uses current and frequency signatures of components and/or units of an HVAC system (such as air handlers and condensers) and establishes a threshold or baseline for reach component/unit and stores the baseline on a computer or server, wherein the system also has temperature sensors as in Conley with a system that adjusts a baseline (predicted power consumption) and/or a threshold value of power consumption based on the second sensor readings such as temperature as in Seo 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) 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.” Examiner Note – See also Conley Par. 0075, last sentence: “Nevertheless, the present disclosure could also be used with additional current sensors.”) Regarding claim 3, The previously cited references teach the limitations of claim 1 which claim 3 depends. Seo 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. (Par. 0056: “Namely, if the current power consumption is greater than the maximum value of the predicted power consumption and the abnormality level exceeds a predetermined critical range, the air conditioner 110 can be protected by shutting down power supplied to the air conditioner 110.” Par. 0110: “If the power consumption of the air conditioner 110 exceeds the maximum threshold value versus time of a predicted power consumption pattern by a certain or predetermined amount, the communication unit 910 can directly transmit a power shutdown command to the air conditioner 110. Further, if the power consumption of the air conditioner 110 is not included within a threshold value range of the predicted power consumption pattern, the communication unit 910 can transmit a signal to the manager server 140 in order to inform the manager server 140 of abnormal power consumption of the air conditioner 110. The communication unit 910 can transmit the information received from the control unit 930 to the storage unit 920.” ) Regarding claim 4, The previously cited references teach the limitations of claim 1 which claim 4 depends. Kates 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. (Par. 0021 and Par. 0022: “In one embodiment, the sensor unit is bi-directional and configured to receive instructions from the central reporting station (or repeater). Thus, for example, the central reporting station can instruct the sensor to: perform additional measurements; go to a standby mode; wake up; report battery status; change wake-up interval; run self-diagnostics and report results; report its threshold level, change its threshold level, change its threshold calculation equation, change its alarm calculation equation, etc. In one embodiment, the sensor unit also includes a tamper switch. When tampering with the sensor is detected, the sensor reports such tampering to the base unit. In one embodiment, the sensor reports its general health and status to the central reporting station on a regular basis (e.g., results of self-diagnostics, battery health, etc.).” Par. 0028.) Regarding claim 5, The previously cited references teach the limitations of claim 1 which claim 5 depends. Conley and Seo also teaches that the second sensor data is at least one of: temperature, humidity, wind, a door status, and an occupancy status. (Conley: Par. 0124: “In various implementations, the condensing monitor module 204 may receive ambient temperature data from a temperature sensor (not shown).” Seo paragraphs 0084 and 0090 – Indoor temperature.) 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. Conley 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. (Par. 0084: “The monitoring service may allow the customer and/or contractor to remotely monitor and/or control HVAC components, such as setting temperature, enabling or disabling heating and/or cooling, etc. In addition, the customer may be able to track energy usage, cycling times of the HVAC system, and/or historical data. Efficiency and/or operating costs of the customer's HVAC system may be compared against HVAC systems of neighbors, whose buildings will be subject to the same or similar environmental conditions. This allows for direct comparison of HVAC system and overall building efficiency because environmental variables, such as temperature and wind, are controlled.” See also Seo Par. 0010 and 0011 – operating time of power consumption. ) Regarding claim 17, The previously cited references teach the limitations of claim 1 which claim 17 depends. Conley 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. (Par. 0084: “The monitoring service may allow the customer and/or contractor to remotely monitor and/or control HVAC components, such as setting temperature, enabling or disabling heating and/or cooling, etc. In addition, the customer may be able to track energy usage, cycling times of the HVAC system, and/or historical data. Efficiency and/or operating costs of the customer's HVAC system may be compared against HVAC systems of neighbors, whose buildings will be subject to the same or similar environmental conditions. This allows for direct comparison of HVAC system and overall building efficiency because environmental variables, such as temperature and wind, are controlled.”) Claims 9 - 11 are rejected under 35 U.S.C. 103 as being unpatentable over Conley in view of Seo in further view of Kates 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 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 computer learning system that uses current and frequency signatures of components and/or units of an HVAC system (such as air handlers and condensers) and establishes a threshold or baseline for reach component/unit and stores the baseline on a computer or server, wherein the system also has temperature sensors as in Conley with a system that adjusts a baseline (predicted power consumption) and/or a threshold value of power consumption based on the second sensor readings such as temperature as in Seo 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 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 Conley in view of Seo in further view of Kates 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 computer learning system that uses current and frequency signatures of components and/or units of an HVAC system (such as air handlers and condensers) and establishes a threshold or baseline for reach component/unit and stores the baseline on a computer or server, wherein the system also has temperature sensors as in Conley with a system that adjusts a baseline (predicted power consumption) and/or a threshold value of power consumption based on the second sensor readings such as temperature as in Seo 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 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.” ) 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, Conley, replaces Drees and teaches sensing and recording parameters of HVAC components/units such as an air handler and condenser and then the server stores the baseline data for the HVAC system units. This is a first office action in the Request for Continued Examination filed on 05/18/2026 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) 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 - 3pm or 4pm EST.. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHAD G ERDMAN/Primary Examiner, Art Unit 2116
Read full office action

Prosecution Timeline

Mar 07, 2023
Application Filed
Jun 30, 2025
Non-Final Rejection mailed — §103
Oct 18, 2025
Response Filed
Jan 15, 2026
Final Rejection mailed — §103
Apr 27, 2026
Response after Non-Final Action
May 18, 2026
Request for Continued Examination
May 21, 2026
Response after Non-Final Action
Jul 24, 2026
Non-Final Rejection mailed — §103 (current)

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3-4
Expected OA Rounds
80%
Grant Probability
98%
With Interview (+18.0%)
2y 6m (~0m remaining)
Median Time to Grant
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