DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claims 1 and 8 recite the generic placeholder “a communication module” followed by functional limitation without reciting structure to perform the recited function. For support of structure, examiner looked into [0042] of the specification which recites that the communication module uses radio signals or WiFi to communicate with external systems.
Claim 8 further recites generic placeholder, “one or more variable circuit elements” and “a component” followed by functional limitations without reciting structure to perform the functional limitations. For support examiner looked in [0006] of the specification which recites variable resistors are connected to the sensor which is a thermistor and the variable resistors are responsible for generating the modified signal.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 5,6,13,14,19 and 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Specifically claims 5,13 and 19 recite the limitation, “…a machine
learning model trained to output a score indicating energy demand…”. In view of [0038] and [0039] of the specification, the machine learning model outputs predicted demand response, nothing related to a score is mentioned. Therefore the term “score” is a new matter in view of the specification.
Dependent claims 6,14 and 20 depend from claims 5,13 and 19 inheriting each and every limitation of claims 5,13 and 19 and therefore rejected under 35 U.S.C. 112(a) for the reasons discussed above.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No.18222330 in view of Mizhura. Here, claim 1 of US Application No. 18222330 recites a method for controlling temperature of a refrigeration equipment performing the functional limitations of the device of claim 1 of the current application. The method of copending application claim 1 differs from the device of claim 1 of the current application in that it fails to disclose the one or more variable resistors connected to the thermistor, wherein changing the one or more variable resistors causes a voltage across the thermistor to generate the modified signal. Prior art of record, Mizhura et al. teaches in Col.1, lines 29-37 and lines 50-55 that one resistor is connected in series with the thermistor and another resistor is connected in parallel with the thermistor and for measuring broad range of temperature signals (modified signals) by the thermistor, variable resistors are connected in the same configuration to the thermistor where the variable resistors are varied to generate varied temperature signals. Therefore it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify the device of claim 1 of copending application with thermistor connected to variable resistors to generate modified signals with linear characteristics thus leading to increased measuring/generating temperature signal accuracy as taught by Mizhura in Col.1, lines 19-22.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
A table showing the similarity between claim 1 of the current application and claim 1 of the copending application is provided below:
Current Applicant claim 1
Copending application claim 1
A computer-implemented method for controlling temperature of a refrigeration equipment, comprising: receiving signal generated by a thermistor mounted in the refrigeration equipment; determining an optimal temperature for the refrigeration equipment, the optimal temperature determined based on a plurality of factors including the signal and at least one or more external factors; modifying the signal received from the thermistor to generate a modified signal for achieving the optimal temperature; and sending the modified signal to a control module of the refrigeration equipment, wherein the control module controls the refrigeration equipment to change a current temperature of the refrigeration equipment towards the optimal1
temperature.
A device for controlling temperature of a refrigeration equipment, the device comprising: an input port for receiving a voltage signal from a thermistor of the refrigeration equipment; a communication module for receiving data from an external system; a processor for determining a modified signal based on the voltage signal received from the thermistor and the data received from the external system;
one or more variable resistors connected to the thermistor, wherein changing the one or more variable resistors causes a voltage across the thermistor to generate the modified signal; and an output port for sending the modified signal to a control module of the refrigeration equipment2.
Claims 2,3,5 and 6 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 4,5,6 and 7 of copending Application No. 18222330 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims 4,5,6 and 7 of copending Application No.18222330 anticipate the claims 2,3,5 and 6 of the current application. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 2,3,5 and 6 are generic to all that is recited in claims 4,5,6 and 7 of copending Application No. 18222330.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claim(s) 1-4,7-12,15-18 are rejected under 35 U.S.C.103 as being unpatentable over Zugibe et al. (US 20130269376 A1) in view of Mizuhara (US 4,755,958).
Regarding claim 1, Zugibe et al. teaches, a device for controlling temperature of a refrigeration equipment (instrumented chiller control system including compressor and condenser (refrigerant equipment), [0150]), the device comprising:
an input port (sensor inputs 201 to the control system, [0153]) for receiving a voltage signal from a thermistor of the refrigeration equipment (sensor inputs include input and output temperature readings3 of the refrigerant flowing through the condenser, [0150] and [0153]);
a communication module (data acquisition system, [0153]) for receiving data from an external system (data acquisition system receiving sensor inputs including ambient temperature and pressure, compressor temperature and pressure, system power consumption all of which are considered data from an external system, [0153] and [0156]);
a processor for determining a modified signal based on the voltage signal received from the thermistor and the data received from the external system (all the received data are processed by a neural network model residing in a computer having processors, ([0162]) to generate set of output control signals (modified signal), [0150], [0153],[0155] and [0162], see also [0078]);
an output port (output signal 209, FIG.7A and [0153]) for sending the modified signal to a control module of the refrigeration equipment (generated output control signals are sent to the appropriate equipment such as condenser and compressor and others to alter controlled variables in order to improve efficiency toward an optimal operating point, [0153], [0110] and [0078]).
Zugibe et al. does not teach the details of one or more variable resistors connected to the thermistor, wherein changing the one or more variable resistors causes a voltage across the thermistor to generate the modified signal. However Zugibe et al. teaches in [0057] that the process variable such temperature and pressure in view of [0150] and [0153] can be varied during operation of the refrigeration system but Zugibe et al. does not teach the details of how the system is varying the process parameters based on the generated output signals as taught in [0153].
Mizuhara et al. teaches, one or more variable resistors connected to the thermistor (one variable resistor connected in serios and one variable resistor is connected in parallel to the thermistor, Col.1 lines 19-37 and 50-55), wherein changing the one or more variable resistors causes a voltage across the thermistor to generate the modified signal (to measure/generate wide range of temperatures using the thermistors, variable resistors are connected to the thermistor. Changing the resistance on the variable resistors connected to the thermistor generate modified temperature signal using the thermistor, Col.1, lines 19-37 and 50-55).
Zugibe et al. and Mizuhara et al. are analogous art because they are from the same field of invention that is temperature control based on received inputs.
Therefore it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify the device for controlling temperature of a refrigeration equipment based on thermistor reading and other data from external system as taught by Zugibe et al. by applying the known technique of connecting variable resistors to the thermistor to generate or measure wide range of temperature signals as taught by Mizuhara et al. as an improvement to the thermistor to yield predictable results for measuring/generating temperature signals with linearized characteristics thus leading to increased accuracy for measuring/generating temperature signals as taught by Mizuhara et al. in Col.1 lines 19-21 and 50-55.
Zugibe et al. teach:
[0150] FIG. 4 shows an instrumented chiller system, allowing periodic or batch reoptimization, or allowing continuous closed loop feedback control of operating parameters. Compressor 100 is connected to a power meter 101, which accurately measures power consumption by measuring Volts and Amps drawn. The compressor 100 produces hot dense refrigerant vapor in line 106, which is fed to condenser 107, where latent heat of vaporization and the heat added by the compressor 100 is shed. The refrigerant carries a small amount of compressor lubricant oil. The condenser 107 is subjected to measurements of temperature and pressure by temperature gage 1554 and pressure gage 156. The liquefied, cooled refrigerant, including a portion of mixed oil, if fed through line 108 to an optional partial distillation apparatus 105, and hence to evaporator 103. In the absence of the partial distillation apparatus 105, the oil from the condenser 107 accumulates in the evaporator 103. The evaporator 103 is subjected to measurements of refrigerant temperature and pressure by temperature gage 155 and pressure gage 156. The chilled water in inlet line 152 and outlet line 154 of the
evaporator 103 are also subject to temperature and pressure measurement by temperature gage 155 and pressure gage 156. The evaporated refrigerant from the evaporator 103 returns to the compressor through line 104.
[0153] FIG. 7A shows a block diagram of a first embodiment of a control system according to the present invention. In this system, refrigerant charge is controlled using an adaptive control 200, with the control receiving refrigerant charge level 216 (from a level transmitter, e.g., Henry Valve Co., Melrose Park Ill. LCA series Liquid Level Column with E-9400 series Liquid Level Switches, digital output, or K-Tek Magnetostrictive Level Transmitters AT200 or AT600, analog output), optionally
system power consumption (kWatt-hours), as well as thermodynamic parameters, including condenser and evaporator water temperature in and out, condenser and evaporator water flow rates and pressure, in and out, compressor RPM, suction and discharge pressure and temperature, and ambient pressure and temperature, all through a data acquisition system for sensor inputs 201. These variables are fed into the adaptive control 200 employing a nonlinear model of the system, based on
neural network 203 technology. The variables are preprocessed to produce a set of derived variables from the input set, as well as to represent temporal parameters based on prior data sets. The neural network 203 evaluates the input data set periodically, for example every 30 seconds, and produces an output control signal 209 or set of signals. After the proposed control is implemented5, the actual response is compared with a predicted response based on the internal model defined by the neural network 203 by an adaptive control update subsystem 204, and the neural network is updated 205 to
reflect or take into account the "error". A further output 206 of the system, from a diagnostic portion 205, which may be integrated with the neural network or separate, indicates a likely error in either the sensors and network itself, or the plant being controlled.
[0078] For some systems, it is often difficult to determine if a process has reached a steady-state. In many systems, if the test is stopped too early, the time delay and time constant estimates may be significantly different than the actual values. For example, if a test is stopped after three time constants of the first order response, then the estimated time constant equals 78% of the actual time constant, and if the test is stopped after two time constants, then the estimated time constant equals 60% of the actual time constant. Thus, it is important to analyze the system in such a way as to
accurately determine time-constants. Thus, in a self-tuning system, the algorithm may obtain tuning data from normal perturbations of the system, or by periodically testing the sensitivity of the plant to modest perturbations about the operating point of the controlled variable(s). If the system determines that the operating point is inefficient, the controlled variable(s) are altered in order to improve efficiency toward an optimal operating point. The efficiency may be determined on an absolute basis, such as by measuring kWatt hours consumed (or other energy consumption metric) per BTU of
cooling, or through surrogate measurements of energy consumption or cooling, such as temperature differentials and flow data of refrigerant near the compressor and/or water in the secondary loop near the evaporator/heat exchanger. Where cost per BTU is not constant, either because there are different sources available, or the cost varies over time, efficiency may be measured in economic terms and optimized accordingly. Likewise, the efficiency calculation may be modified by including other relevant "costs".
Mizuhara et al. teach:
(Col.1 lines 19-22 and lines 29-37 and lines 50-55) “…with respect to the temperature change, it is necessary to include means which provide linearizing functions so as to increase the measuring accuracy, especially when used to measure a wide temperature range…”, “…In FIG. 2, reference numeral 1a denotes temperature detecting means, numeral 1 denotes a thermistor connected in parallel with a resistor 2, further connected in series with a resistor 3, and connected between a power source P and ground E of the circuit. Thus, a voltage V between the ground E and the terminal t is produced as
an output in accordance with the resistance of the thermistor 16. “…it becomes
necessary to provide a further linear characteristic if the measuring temperature range is widened or an accurate temperature measurement is necessary, but, to this end,
a linearizing circuit called a "linearizer" is necessary. However, such a circuit must use a number of accurate resistors, variable resistors, or operational amplifiers,…”.
Regarding claim 2 combination of Zugibe et al. and Mizuhara et al. teach the device of claim 1. In addition Zugibe et al. teaches, wherein the processor performs an optimization to generate the modified signal (the control system residing on a computer generates output signals (modified signals) such that energy efficiency of overall system is optimized that is power consumption of the system is optimized, [0150],[0155] and [0157]), such that the modified signal optimizes a power consumption of the refrigeration equipment (the control system residing on a computer generates output signals (modified signals) such that energy efficiency of overall system is optimized that is power consumption of the system is optimized, [0150],[0155] and [0157], see also [0078]).
Regarding claim 3, combination of Zugibe et al. and Mizuhara et al. teach the device of claim 1. In addition Zugibe et al. teaches, wherein the processor performs an optimization to generate the modified signal (the control system residing on a computer generates output signals (modified signals) such that energy efficiency of overall system is optimized that is power consumption of the system is optimized, [0150],[0155] and [0157]), such that the modified signal optimizes a power consumption of a plurality of equipment including the refrigeration equipment (the altered parameters of the equipment are performed based on the generated outputs signals as taught in [0153] to provide more global optimization that is plurality of equipment have altered parameters to optimize energy efficiency of the overall system, [0040], [0150] and [0153]).
Regarding claim 4, combination of Zugibe et al. and Mizuhara et al. teach the device of claim 1. In addition Zugibe et al. teaches, wherein the processor receives a value of the modified signal as determined by an external system that performs an optimization to generate the modified signal (the instrumented chiller system has a neural network residing in a computer generating modified/optimized control signals and sends it to the equipment such as condenser, compressor and others as taught in [0153]. Each equipment is controlled independently that is each has a processor for receiving the signal and the neural network can be the external system in view of the refrigerant equipment determining optimized control signals for the equipment as taught in [0153], [0155] and [0162]).
Regarding claim 7, combination of Zugibe et al. and Mizuhara et al. teach the device of claim 1. In addition Mizuhara et al. teaches, wherein the one or more variable resistors comprise:
a first variable resistor connected in parallel with the thermistor (thermistor connected in parallel with resistor which could be variable resistor as taught in Col.1 lines 50-55 and Col.1 lines 29-37), and
a second variable resistor connected in series with the thermistor (thermistor connected in series with another resistor which could be variable resistor as taught in Col.1 lines 50-55 and Col.1 lines 29-37),
wherein a value of the first variable resistor and a value of the second variable resistor are adjusted to cause the voltage signal to change to the modified signal (the resistance of the variable resistors can be changed to measure/generate more accurate temperature readings using the thermistor since the voltage output of the thermistor is varied based on the resistance of the thermistor. Variable resistors connected to the thermistor provide variable resistance of the thermistor, Col.1 lines 29-37 and Col.1 lines 50-55).
Regarding claim 8, combination of Zugibe et al. and Mizuhara et al. teach the claimed device for controlling temperature of refrigerant equipment. Therefore together they the device for controlling an attribute of an equipment performing the functional limitations of the device for controlling temperature of refrigerant equipment as taught in claim 1.
Regarding claims 9-12, combination of Zugibe et al. and Mizuhara et al. teach the claimed device for controlling temperature of refrigerant equipment. Therefore together they the device for controlling an attribute of an equipment performing the functional limitations of the device for controlling temperature of refrigerant equipment as taught in claims 2-4, and 7.
Regarding claim 15, combination of Zugibe et al. and Mizuhara et al. teach the claimed device for controlling temperature of refrigerant equipment. Therefore together they the computer-implemented method for controlling temperature of a refrigeration equipment performing the functional limitations of the device for controlling temperature of refrigerant equipment as taught in claim 1.
Regarding claims 16-18, combination of Zugibe et al. and Mizuhara et al. teach the claimed device for controlling temperature of refrigerant equipment. Therefore together they the computer-implemented method for controlling temperature of a refrigeration equipment performing the functional limitations of the device for controlling temperature of refrigerant equipment as taught in claims 2-4.
Claim(s) 5-6,13-14 and 19-20 are rejected under 35 U.S.C.103 as being unpatentable over Zugibe et al. (US 20130269376 A1) in view of Mizuhara (US 4,755,958) and Papadopoulos et al. (US 20210240147 A1).
Regarding claim 5, combination of Zugibe et al. and Mizuhara teach the device of claim 1. In addition Zugibe et al. teaches, wherein the processor performs an optimization to generate the modified signal (the control system residing on a computer generates output signals (modified signals) such that energy efficiency of the overall system is optimized that is power consumption of the system is optimized, [0150],[0155] and [0157]), wherein the optimization is performed by executing a machine learning model (based on received data, the neural network (machine learning model) generates optimized control signals for controlling the equipment, [0153], [0156] and [0159]).
Neither in combination nor individually Zugibe et al. and Mizuhara teach the details of machine learning model trained to output a score indicating energy demand of a facility including the refrigeration equipment. However Zugibe et al. teaches a neural network in [0153] and [0159] performing calculations to determine optimized control parameters for equipment based on received inputs which can also include overall power consumption as taught in [0151]. The neural network must know the current load and also the based of the received data to determine the control parameters.
On the other hand, Papadopoulos et al. teaches, a machine learning model trained to output a score indicating energy demand of a facility including the
refrigeration equipment (“…long short-term memory models trained to predict values for points for multiple time-steps into the future. The machine learning models may be trained using data generated locally at the BMS and/or from other BMS's via a cloud server or database. For example, one model may be trained to a heat load that may be placed on the BMS for time-steps into the future. Another model may be trained to an equipment cooling7 load that may be placed on the BMS for time-steps into the future8….In some embodiments, additional machine learning models are trained to predict the energy consumption and/or the comfortability scores for instances in which the intervention were to be implemented and instances in which the intervention were not to be implemented…”, [0139]).
Zugibe et al., Mizuhara et al. and Papadopoulos et al. are analogous art because they are from the same field of invention that is temperature control based on received inputs.
Therefore it would have been obvious before effective filing date of the claimed invention to a person of ordinary skill in the art to modify the device for temperature control using machine learning model such as neural network to determine optimized control parameters for equipment as taught by combination of Zugibe et al. and Mizuhara et al. by applying the known technique of predicting load using the machine learning model as taught by Papadopoulos et al. as an improvement to the machine learning model to obtain predictable results of accurately predicting load in current and future points in time as taught by Papalopoulos et al. in [0140].
Regarding claim 6, combination of Zugibe et al., Mizuhara and Papadopoulos et al. teach the device of claim 5. In addition Zugibe et al. teaches, wherein the machine learning model is configured to receive as input (that data acquisition system which feeds input data to the neural network, [0151] and [0153]), feature comprising environmental attributes associated with the refrigeration equipment (the input data includes ambient temperature and pressure – environmental attributes associated with refrigeration equipment, [0151] and [0153]).
Regarding claims 13-14, combination of Zugibe et al., Mizuhara et al. and Papadopoulos et al. teach the claimed device for controlling temperature of refrigerant equipment. Therefore together they the device for controlling an attribute of an equipment performing the functional limitations of the device for controlling temperature of refrigerant equipment as taught in claims 5-6.
Regarding claims 19-20, combination of Zugibe et al., Mizuhara et al. and Papadopoulos et al. teach the claimed device for controlling temperature of refrigerant equipment. Therefore together they the computer-implemented method for controlling temperature of a refrigeration equipment performing the functional limitations of the device for controlling temperature of refrigerant equipment as taught in claims 5-6.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sloop et al. (US 20170206615 A1) teaches a system for optimizing energy efficiency in a building be performing load shifting in addition to precooling based on several system inputs as taught in [0034] and [0056].
Reeder et al. (US 20220253078 A1) teaches optimizing energy usage for a user based on load and by scheduling load shifting during peak and non-peak hours as taught in [0081] and [0137].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANZUMAN SHARMIN whose telephone number is (571)272-7365. The examiner can normally be reached M and Th 7:00am - 3:00pm and Tue 8:00am-12:00pm.
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.
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/ANZUMAN SHARMIN/ Examiner, Art Unit 2115
/KAMINI S SHAH/ Supervisory Patent Examiner, Art Unit 2115
1 The modified signal is the optimal temperature. And the when the modified signal is sent to the refrigerant equipment, the refrigerant will be controlled according to the modified signal/optimal temperature.
2 The modified signal is the optimal temperature. And the when the modified signal is sent to the refrigerant equipment, the refrigerant will be controlled according to the modified signal/optimal temperature.
3 The readings include voltage readings from the temperature gauge/thermistor installed at the intake and output of the condenser.
4 Thermistor mounted on refrigerant equipment.
5 The output signals are generated (modified signal) and implemented by the control system.
6 Generating modified voltage using the thermistor by changing the resistance of the resistors which are variable resistors as taught in Col.1 lines 50-55.
7 Refrigerant equipment.
8 Machine learning model predicting load and scores indicating comfort based on energy intervention.
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