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 .
1. Claims 1-20 are presented for examination.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
2. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
2.1 Claim(s)1 and 6-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nordberg (US 20100009302 A1).
Regarding claim 1, Nordberg discloses a furnace system for a heating, ventilation, and air conditioning (HVAC) system ([0018], a furnace 10 configured to communicate with one or more thermostats), comprising:
a furnace controller ([0021], Controller 42 can include an integral furnace controller), configured to:
determine a rolling average furnace run time of the furnace system based on a plurality of previous run cycles of the furnace system ([0006], [0007], [0021], [0022], initial burner firing rate may be based, at least in part, on historical operating parameters of the furnace 10. For example, the initial burner firing rate may be based, at least in part, on the “off” time of the burner during one or more previous heating cycles or over a previous period of time (e.g. 1 hour), the run-time of the burner during one or more previous heating cycles or over a previous period of time, and/or the burner firing rate that existed at the end of the previous heating cycle); and
segment (heating cycle of the furnace 10) the rolling average furnace run time into a plurality of operational time periods, wherein each operational time period is associated with a distinct fire rate of a plurality of distinct fire rates the furnace system (Abstract, [0007], Fig. 2-12, on the average duty cycle of the modulating furnace during one or more previous heating cycles or over a predetermined period of time, burner is operated at the initial burner firing rate for a predetermined period of time); and
operate the furnace system to sequentially implement the plurality of distinct fire rates associated with the plurality of operational time periods (Fig. 2-12, [0034], Claim 2, Operating the burner at a first rate for a first period of time includes operating the burner at a minimum burner firing rate for a selectable period of time; and controller 42 increases the firing rate of burner 12 after the first period of time has expired, such as to a second burner firing rate. The second burner firing rate may be determined in a step-wise fashion and/or may be ramped up, i.e., increasing the burner firing rate by a particular amount or percentage per unit time).
Regarding claim 6, Nordberg discloses the furnace controller ([0019], controller 42 can include an integral furnace controller) is configured to:
receive a call for heating ([0019], receiving calls for heat);
determine a run cycle time of the furnace system based on termination of the call for heating ([0026]- [0029], controller 42 stops burner 12 if the call for heat stops; burner 12 (FIG. 1) is operated at the initial burner firing rate for a predetermined period of time); and
update the rolling average furnace run time of the furnace system based on the run cycle time ([0029], adjusts the burner firing rate of burner 12 after the predetermined period of time expires if controller 42 is still receiving a call for heat).
Regarding claim 7, Nordberg discloses the furnace controller ([0019], controller 42 can include an integral furnace controller) is configured to:
operate the furnace system for the plurality of operational time periods to sequentially implement the plurality of distinct fire rates (Fig. 2-12, FIG. 4, control begins at block 56, where controller 42 (FIG. 1) operates burner 12 (FIG. 1) at a minimum burner firing rate for a first period of time. At block 58, controller 42 increases burner 12 to a second burner firing rate after the first period of time has expired. Controller 42 may operate burner 12 at the second burner firing rate for a second period of time, as referenced at block 60. Control passes to block 62, where controller 42 increases burner 12 to a third burner firing rate after the second period of time has expire);
determine whether a call for heating remains present upon lapse of the plurality of operational time periods Fig. 6, step 70, determine the initial burner firing rate; burner 12 (FIG. 1) is operated at the initial burner firing rate for a predetermined period of time if the controller still receiving a call for heat); and
based on a determination that the call for heating remains present upon lapse of the plurality of operational time periods, operate the furnace system at an elevated output level ([0028], adjusts the burner firing rate of burner 12 after the predetermined period of time expires if controller 42 is still receiving a call for heat).
Regarding claim 8, Nordberg discloses wherein the furnace controller ([0019], controller 42 can include an integral furnace controller) is configured to:
deactivate the furnace system based on an additional determination that the call for heating is terminated (Fig. 6, [0029], controller 42 stops burner 12 if the call for heat stops);
determine a run cycle time of the furnace system based on termination of the call for heating ([0027]-[0030], operated at the initial burner firing rate for a predetermined period of time); and
replace the rolling average furnace run time of the furnace system with the run cycle time (Fig. 7, [0004], [0030], The call for heat may remain activate until the call is satisfied, at which time the call may be terminated by the thermostat or the like, resulting in a heating cycle. This may be repeated during operation of the modulating furnace is operated at the initial burner firing rate for a predetermined period of time. Control passes to block 70, where controller 42 adjusts the burner firing rate of burner 12 after the predetermined period of time expires if controller 42 is still receiving a call for heat).
Regarding claim 9, Nordberg discloses the furnace controller ([0019], controller 42 can include an integral furnace controller) is configured to:
receive a first indication from a thermostat indicative of a call for heating ([0025], controller 42 is receiving a call for heat from a thermostat or similar device) and receive a second indication from the thermostat indicative of the call for heating being satisfied ([0025], a call for heat may mean that controller 42 is receiving a W1 (first stage heat) ON signal and/or a W2 (second stage heat) ON signal from a two-stage thermostat);
determine a run cycle time of the furnace system based on a time interval between the first indication and the second indication ([0006], [0024]-[0027], controller increases the firing rate of burner after the first period of time has expired, such as to a second burner firing rate. The second burner firing rate may be determined in a step-wise fashion and/or may be ramped up, i.e., increasing the burner firing rate by a particular amount or percentage per unit time); and
update the rolling average furnace run time based on the run cycle time ([0030], [0007], adjusts the burner firing rate of burner 12 after the predetermined period of time expires if controller 42 is still receiving a call for heat).
Regarding claim 10, Nordberg discloses the furnace controller ([0019], controller 42 can include an integral furnace controller) is configured to determine the rolling average furnace run time based on a weighted average calculation ([0023], [0027], the initial burner firing rate may be based, at least in part, on a weighed set or weighted average of one or more current and/or historical operating parameters of the furnace).
Regarding claim 11, Nordberg discloses the furnace controller ([0019], controller 42 can include an integral furnace controller) is configured to adjust one or more gas valves of the furnace system based on the plurality of operational time periods to achieve the plurality of distinct fire rates associated with the plurality of operational time periods ([0008], [0015], Fig. 1, [0020], [0029], regulate gas valve if gas valve 18 (FIG. 1) is electrically controlled, appropriate instructions may be sent via electrical line 50 (FIG. 1) to cease burner operation. If gas valve 18 is pneumatically modulated, burner operation may be ceased by reducing the speed of combustion blower 32 (FIG. 1) such that the resultant pressure drops within flue 38 will cause gas valve 18 to stop providing gas to the burner. A burner firing rate for a current heating cycle may be determined, relying at least in part on the first stage ON parameter and/or the second stage ON parameter. For example, the burner firing rate may be set to an initial burner firing rate for a period of time).
2.2 Claim(s) 13 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leen (US 20110137467 A1).
Regarding claim 13, Leen discloses a furnace controller for furnace system ([0024],) Controller 34 may be configured to provide appropriate instructions to HVAC component controller 20) wherein the furnace controller is configured to:
initiate operation of a furnace system based on receipt of a call for heating ([0024], Controller 34 may be configured to provide appropriate instructions to HVAC component controller 20 in response to calls for heating and/or cooling that may originate from thermostat 28. While not expressly illustrated, controller 34 may include memory that may be used to store programming as well as a processor that may carry out the programming instructions.
Leen discloses determine that a communication link between the furnace controller and sensor is severed (Abstract, [0006], when communications between the thermostat and the HVAC controller are lost due; an HVAC controller that can operate one or more pieces of HVAC equipment in accordance with instructions received from a properly operating thermostat); and
based on determination of severance of the communication link, operate the furnace system in accordance with a segmented operational control scheme ([0024],[0025], [0030], Once equipment interface module 22 has determined that communication has at least temporally been lost, equipment interface module 22 may step in and provide appropriate instructions to HVAC component controller 20, even without input from thermostat 28). Operate the HVAC equipment when communications between the thermostat and the HVAC controller are lost due to, for example, low battery power at the thermostat, malfunctioning thermostat sensor(s), malfunctioning communication and/or thermostat circuitry, electrical interference).
Regarding claim 16, Leen discloses furnace controller is configured to determine that the communication link between the furnace controller and the sensor is severed based on a determination that the sensor is under a fault condition ([0009],[0028], [0033], that remote temperature sensor 40 may represent a working thermostat that can provide a temperature signal to equipment interface module 22 when one or more of the other thermostats within the system have stopped working or at least have stopped communicating with equipment interface module 22. If the thermostat 28 has sufficient power, but the wireless communication link has failed, the thermostat itself may provide an indication to the user that the wireless communication link has failed. In some instances, equipment interface module 22 may itself provide a visual indication that communication has failed).
Claim Rejections - 35 USC § 103
3. 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.
3.1 Claim(s) 14-15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leen (US 20110137467 A1) in view of Nordberg (US 20110137467 A1).
Regarding claims 14-15 and 17, Leen discloses the limitations of claim 13, but fails to disclose the limitations of claims 14-15 and 17. However, Nordberg discloses as follow:
Regarding claim 14, Nordberg discloses to operate the furnace system in accordance with the segmented operational control scheme ([0022], When the initial burner firing rate may vary for each of the heating cycles, it is contemplated that the initial burner firing rate may be based, at least in part, on historical operating parameters of the furnace), the furnace controller is configured to:
segment ([0021], each heating cycle of the furnace 10) a rolling average furnace run time of the furnace system into a plurality of operational time periods ([0022], [0023], Fig. 2-12, the average duty cycle of the furnace 10 during one or more previous heating cycles or over a predetermined period of time),
wherein each operational time period is associated with a distinct fire rate of a plurality of distinct fire rates the furnace system ([0022], [0023], Fig. 2-12, the initial burner firing rate may be based, at least in part, on the "off" time of the burner during one or more previous heating cycles or over a previous period of time (e.g. 1 hour), the run-time of the burner during one or more previous heating cycles or over a previous period of time, and/or the burner firing rate that existed at the end of the previous heating cycle); and
operate the furnace system to sequentially implement the plurality of distinct fire rates associated with the plurality of operational time periods (Fig. 2-12, [0034], Claim 2, Operating the burner at a first rate for a first period of time includes operating the burner at a minimum burner firing rate for a selectable period of time; and controller 42 increases the firing rate of burner 12 after the first period of time has expired, such as to a second burner firing rate. The second burner firing rate may be determined in a step-wise fashion and/or may be ramped up, i.e., increasing the burner firing rate by a particular amount or percentage per unit time).
Regarding claims 15, Nordberg discloses the furnace controller is configured to determine the rolling average furnace run time based on a plurality of previous run cycles of the furnace system ([0006], [0023], the initial burner firing rate may be based, at least in part, on a weighed set or weighted average of one or more current and/or historical operating parameters of the furnace 10. For example, the initial burner firing rate may be based, at least in part, on the average duty cycle of the furnace 10 during one or more previous heating cycles or over a predetermined period of time).
Regarding claim 17, Nordberg discloses to operate the furnace system in accordance with the segmented operational control scheme, the furnace controller is configured to adjust one or more gas valve of the furnace system between a plurality of discrete positions ([0008], [0015], [0020], [0029], Fig. 1, regulate gas valve if gas valve 18 (FIG. 1) is electrically controlled, appropriate instructions may be sent via electrical line 50 (FIG. 1) to cease burner operation. If gas valve 18 is pneumatically modulated, burner operation may be ceased by reducing the speed of combustion blower 32 (FIG. 1) such that the resultant pressure drops within flue 38 will cause gas valve 18 to stop providing gas to the burner. A burner firing rate for a current heating cycle may be determined, relying at least in part on the first stage ON parameter and/or the second stage ON parameter. For example, the burner firing rate may be set to an initial burner firing rate for a period of time).
Leen and Nordberg are analogous art. They relate to furnace control system.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify operate pieces of HVAC equipment, taught by Leen, incorporated with a controller is operated at a first burner, taught by Nordberg, in order to provide instructions to the HVAC component in accordance with and/or in response to instructions received from a properly operating thermostat. The equipment interface module may also be configured to provide instructions to the HVAC component if/when the equipment interface module loses communication with the wireless thermostat.
3.2 Claim(s) 2 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nordberg (US 20110137467 A1) in view of Leen (US 20110137467 A1).
Regarding claim 2, Nordberg discloses the limitations of claim 1, in addition Nordberg discloses the furnace controller is configured to operate the furnace system to sequentially implement the plurality of distinct fire rates (Fig.1-7, [0018], ([0021],[0024], [0026], Furnace a controller that can be configured to control various components of furnace, including the ignition of fuel by an ignition element, operates burner 12 (FIG. 1) at a first burner firing rate for a first period of time. The first period of time may, for example, be a selectable parameter that can be adjusted by an installer or the like); but fails to disclose based on a determination that a communication link between the furnace controller and a sensor of the furnace system is severed.
However, Leen discloses based on a determination that a communication link between the furnace controller and a sensor of the furnace system is severed ([0030], once equipment interface module 22 has determined that communication has at least temporally been lost, equipment interface module 22 may step in and provide appropriate instructions to HVAC component controller 20, even without input from thermostat 28).
Leen and Nordberg are analogous art. They relate to furnace control system.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify operate pieces of HVAC equipment, taught by Leen, incorporated with a controller is operated at a first burner, taught by Nordberg, in order to provide instructions to the HVAC component in accordance with and/or in response to instructions received from a properly operating thermostat. The equipment interface module may also be configured to provide instructions to the HVAC component if/when the equipment interface module loses communication with the wireless thermostat.
Regarding claim 18, Nordberg discloses determine a rolling average furnace run time of a furnace system based on a plurality of previous run cycles of the furnace system ([0007], [0023], the initial burner firing rate may be based, at least in part, on the "off" time of the burner during one or more previous heating cycles or over a previous period of time (e.g. 1 hour), the run-time of the burner during one or more previous heating cycles or over a previous period of time, and/or the burner firing rate that existed at the end of the previous heating cycle and average between a minimum burner firing rate and a previous burner firing rate);
segment ([0004], [0006], [0033], a heating cycle) the rolling average furnace run time into a plurality of operational time periods corresponding to a plurality of distinct fire rates of the furnace system (Abstract, [0007], [0021], [0033], Fig. 2-12, on the average duty cycle of the modulating furnace during one or more previous heating cycles or over a predetermined period of time, burner is operated at the initial burner firing rate for a predetermined period of time); and
operate the furnace system to sequentially implement the plurality of distinct fire rates corresponding to the plurality of operational time periods ([0034], Claim 2, Operating the burner at a first rate for a first period of time includes operating the burner at a minimum burner firing rate for a selectable period of time; and controller 42 increases the firing rate of burner 12 after the first period of time has expired, such as to a second burner firing rate. The second burner firing rate may be determined in a step-wise fashion and/or may be ramped up, i.e., increasing the burner firing rate by a particular amount or percentage per unit time).
Nordberg fails to discloses the non-transitory, computer-readable medium of wherein the instructions, when executed by the processor.
Leen discloses the non-transitory, computer-readable medium of wherein the instructions, when executed by the processor ([0024], controller 34 may include memory that may be used to store programming as well as a processor that may carry out the programming instructions),
Leen and Nordberg are analogous art. They relate to furnace control system.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify operate pieces of HVAC equipment, taught by Leen, incorporated with a controller is operated at a first burner, taught by Nordberg, in order to provide instructions to the HVAC component in accordance with and/or in response to instructions received from a properly operating thermostat. The equipment interface module may also be configured to provide instructions to the HVAC component if/when the equipment interface module loses communication with the wireless thermostat.
Regarding claim 19, Leen discloses he non-transitory, computer-readable medium of wherein the instructions, when executed by the processor ([0024], controller 34 may include memory that may be used to store programming as well as a processor that may carry out the programming instructions), are configured to cause the processor to:
determine whether a communication link between a sensor of the furnace system and the processor is severed ([0025], [0030], [0033], once equipment interface module 22 has determined that communication has at least temporally been lost); and
operate the furnace system to sequentially implement the plurality of distinct fire rates based on determination that the communication link is severed ([0024]-[0030], equipment interface module 22 may step in and provide appropriate instructions to HVAC component controller 20, even without input from thermostat).
Regarding claim 20, the combination of Leen and Nordberg disclose:
Leen discloses the non-transitory, computer-readable medium of claim 18, wherein the instructions, when executed by the processor ([0024], controller 34 may include memory that may be used to store programming as well as a processor that may carry out the programming instructions); and
Nordberg discloses determine a run cycle time of the furnace system based on a time interval between receipt of a first indication to initiate operation of the furnace system and a second signal to terminate operation of the furnace system ([0006], [0024]-[0027], control begins at block 56, where controller 42 (FIG. 1) operates burner 12 (FIG. 1) at a minimum burner firing rate for a first period of time; and the controller increases the firing rate of burner after the first period of time has expired, such as to a second burner firing rate. The second burner firing rate may be determined in a step-wise fashion and/or may be ramped up, i.e., increasing the burner firing rate by a particular amount or percentage per unit time); and
update the rolling average furnace run time based on the run cycle time ([0030], [0007], adjusts the burner firing rate of burner 12 after the predetermined period of time expires if controller 42 is still receiving a call for heat).
3.3 Claim(s) 3-5 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nordberg (US 20110137467 A1) in view of Leen (US 20110137467 A1) further in view of Willson (US 20200348087 A1).
Regarding claims 3-5 and 12, Nordberg discloses the limitations of claim 1 and the combination of Nordberg and Leen disclose the limitations of claim 2, but fails to disclose the limitations of claims 3-4 and 12. However, Wilson discloses as follow:
Regarding claim 3, Wilson discloses the sensor, wherein the sensor is configured to provide feedback indicative of a parameter of an air flow ([0045]-[0046], [0049], the controller 162 with feedback indicative of a temperature of the supply air 144. The VAV units 156 may be adjusted based on feedback from one or more auxiliary sensors 160).
Regarding claim 4, Wilson discloses air flow comprises a return air flow received by the furnace system from a space serviced by the furnace system, and wherein the parameter comprises a temperature of the return air flow ([0004]-[0006], [0042], the exhaust duct 124 coupled to an exhaust air plenum 126 of the enclosure 112 that is configured to receive a flow of return air 128 from the thermal load 110. Particularly, a fan or blower 130 of the HVAC system 100, operable to maintain a desired air quality, air humidity, and/or air temperature within the thermal load 110, operable to draw the return air 128 into the enclosure 112 via the exhaust duct 12).
Regarding claim 12, Wilson discloses the furnace controller comprises a processor and a memory configured to store instructions, and wherein the processor is configured to execute the instructions stored on the memory ([0047], The controller 162 includes a processor 164, such as a microprocessor, which may execute software for controlling the components of the HVAC system 100 and/or components of the furnace system 102. The controller 162 may also include a memory device 166 that may store information such as control software, look up tables, configuration data, etc.).
Wilson, Leen and Nordberg are analogous art. They relate to furnace control system.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify a furnace HVAC system, taught by Wilson, incorporated with the teaching of Leen and Nordberg, as state above, in order to adjust the speed of the blower with a rate-of-change control scheme selected from a plurality of rate-of-change control schemes based on a measured parameter of air discharged from the HVAC system.
Regarding claim 5, Nordberg discloses a thermostat configured to provide the furnace controller with instructions to initiate operation of the furnace system, to terminate operation of the furnace system, or both (Abstract, [0004], [0025], [0035], The call for heat may remain activate until the call is satisfied, at which time the call may be terminated by the thermostat or the like, resulting in a heating cycle. This may be repeated during operation of the modulating furnace. The burner may be operated only while the controller is receiving a call for heat from a thermostat and determines an initial burner firing rate according to the formula).
Citation Pertinent prior art
4. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kowald (US20110174201A1) discloses a controller for a gas furnace, a computer-usable medium for implementing a method and a gas furnace; and , the controller includes: (1) an interface configured to receive a heating call and (2) a processor configured to enable an inducer of the gas furnace at a low speed based on the heating call and ignite the gas furnace at a high fire operation when determining a low fire pressure switch of the gas furnace is open.
Johnson (US4667874A) discloses an auxiliary heating/cooling system controller is connected in series between the household thermostat and the furnace burner valve and compressor. The controller includes a timing control which is responsive to a preset time interval valve and the plenum temperature to cycle the furnace burner on and off in order to moderate the temperature of the furnace heat exchanger, thus improving furnace efficiency.
A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for allthat it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed wereinstead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1 009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck& Co. v. Biocraft Labs., Inc., 874 F.2d804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1, 215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163USPQ 545, 549 (CCPA 1969).
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed Kidest Worku whose telephone number is 571-272-3737. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ali Mohammad can be reached on 571-272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIDEST WORKU/Primary Examiner, Art Unit 2119