Response to Amendment
This communication is in response to the amendment filed on 2/17/2026. Claims 1, 3, 7-9, 11, 15-17, and 19 are pending.
Claim Objections
The previous objections to Claims 1, 9, and 17 are withdrawn based on the amendments filed on 2/17/2026.
Claim 1 is objected to because of the following informalities: the “comparing” step should start on a new line.
Claim 9 is objected to because of the following informalities: a space should be inserted into “andtransmit” in the last line.
Claim 17 is objected to because of the following informalities: the “comparing” step should start on a new line.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 3, 7-9, 11, 15-17, and 19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Is the Claim to a Process, Machine, Manufacture or Composition of Matter?
Claim 1 recites a method, Claim 9 recites an apparatus, and Claim 17 recites a non-transitory computer readable storage medium. Thus, the claims are to a method, machine, and manufacture, which are among the statutory categories of invention.
Step 2A: Prong One: Does the Claim Recite an Abstract Idea?
Independent claim 1 recites:
1. A method comprising:
receiving, at a server, a plurality of sensor signals from a plurality of sensors disposed within a heating ventilation and air conditioning (HVAC) system over a period of time;
receiving, at the server, a plurality of active HVAC control signals indicating one or more currently active control functions assigned by an HVAC controller over the period of time, wherein the one or more currently active control functions indicate which components of the HVAC system are currently on and operating;
based on the plurality of active control signals received from the HVAC controller, triggering a temperature difference measurement operation to be performed comparing a difference between two temperature sensors of two different sensors disposed in different locations of air flow ducts of the HVAC system [the examiner finds that the foregoing underlined element recites a mental process because it can be performed in the human mind];
comparing a threshold value to the temperature difference measurement [the examiner finds that the foregoing underlined element recites a mental process because it can be performed in the human mind];
determining, via the server, based on the one or more currently active control functions and the temperature difference measurement that a current condition level of the HVAC system is has a failure condition [the examiner finds that the foregoing underlined element recites a mental process because it can be performed in the human mind];
generating, via the server, an alert to identify the failure; and
transmitting the alert to a registered device.
Step 2A: Prong Two: Does the Claim Recite Additional Elements That Integrate The Abstract Idea Into a Practical Application?
The elements that are not underlined above are the additional elements (i.e., a server, “receiving, at a server, a plurality of sensor signals from a plurality of sensors disposed within a heating ventilation and air conditioning (HVAC) system over a period of time”; “receiving, at the server, a plurality of active HVAC control signals indicating one or more currently active control functions assigned by an HVAC controller over the period of time, wherein the one or more currently active control functions indicate which components of the HVAC system are currently on and operating”, and “generating, via the server, an alert to identify the failure”; and “transmitting the alert to a registered device”).
The examiner submits that each of the following additional elements does no more than generally link the use of the abstract idea to a particular technological environment or field of use because they are merely an incidental or token addition to the claim that does not alter or affect how the process steps of the abstract idea are performed. The receiving steps merely recite receiving generic control signals and generic sensor data from a generic HVAC system for use in the abstract idea, and the generating and transmitting step merely issues a generic alert that a potential failure was determined, i.e., an insignificant result of the abstract idea provided by generic computer hardware (the registered device). The server is also merely generic computer hardware.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
Step 2B: Does the Claim Recite Additional Elements That Amount to Significantly More Than the Abstract Idea?
The examiner submits that the additional elements do not amount to significantly more than the abstract idea for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application.
Independent Claims 9 and 17 recite the same steps as Claim 1, and are also not patent eligible. Claim 9 additionally recites a receiver and a processor, and Claim 17 additionally recites a non-transitory computer readable storage medium, which are all generic computer hardware.
Dependent Claims 3, 7, 8, 11, 15, 16, and 19 are also not patent eligible. Claims 3, 7, 8, 11, 15, 16, and 19 merely recite use of generic sensors that are common in HVAC systems in the data gathering (as evidenced by the prior art rejections of the Claims, below).
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, 3, 7, 9, 11, 15, 17, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Atchison et al (U.S. Pub. No. 2018/0031266, hereinafter “Atchison”) in view of Barton (U.S. Pub. No. 2013/0154839).
Regarding Claim 1, Atchison teaches a method comprising: receiving, at a server, a plurality of sensor signals from a plurality of sensors disposed within a heating ventilation and air conditioning (HVAC) system over a period of time (paragraph [0101]; system data for HVAC system 300, including a plurality of types of sensor data and heating or cooling mode, may be transmitted to a remote server 214 during operation of system, i.e., over time); receiving, at the server, a plurality of active HVAC control signals indicating one or more currently active control functions assigned by an HVAC controller over the period of time, wherein the one or more currently active control functions indicate which components of the HVAC system are currently on and operating (paragraph [0101], heating or cooling mode, and fan speed, may be transmitted to a remote server 214; heating or cooling mode and fan speed indicate whether heating/cooling/blower components are currently on and operating; it is also noted that heating mode signal and cooling mode signal may be considered to be separate control signals because they activate separate components of the HVAC system); and determining, via the server, based on a temperature measurement, that a current condition level of the HVAC system has a failure condition (paragraph [0102], all fault diagnostic information and/or system status data can be pushed to remote server 214 via network; paragraph [0121], fault determined if monitored value, including temperature, exceeds or is below a threshold; paragraph [0123]).
Atchison does not specifically teach based on the plurality of active control signals received from the HVAC controller, triggering a temperature difference measurement operation to be performed comparing a difference between two temperature sensor measurements of two different sensors disposed in different locations of air flow ducts of the HVAC system, and comparing a threshold value to the temperature difference measurement. However, Atchison does teach, in paragraph [0121], comparing a temperature measurement to a threshold in order to determine a fault. Further, Barton teaches based on the plurality of active control signals received from the HVAC controller (paragraphs [0004]-[0005] determining a delta T limit that corresponds to a specific operation mode, i.e., heating or cooling mode, which is equated to the plurality of active control signals, see paragraph [0025]), triggering a temperature difference measurement operation to be performed comparing a difference between two temperature sensor measurements of two different sensors disposed in different locations of air flow ducts of the HVAC system (paragraph [0118], diagnostics are run during for a predetermined amount of time during a cycle of the HVAC system, which would be indicated by control signals; Fig. 1, sensors 38a and 38b, paragraphs [0025] and [0027]), and comparing a threshold value to the temperature difference measurement (paragraphs [0025] and [0027], delta T limit equated to threshold value). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the temperature sensors and the limits corresponding to specific operation modes of Barton in the system of Atchison, in order to alert a user that the HVAC system is operating in a less than ideal manner, which can produce undesirable results (see Barton, paragraphs [0002] and [0005]).
Atchison does not specifically teach generating, via the server, an alert to identify the failure; and transmitting the alert to a registered device. However, Atchison does teach providing fault data remotely to a technician via the server through a web portal (paragraphs [0128]-[0129]). Further, Barton teaches generating an alert to identify the failure; and transmitting the alert to a registered device (paragraph [0033], user is alerted about the fault via IM or text message). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the alert of Barton in the server system of Atchison, in order to provide the alert to the user even when the user is away from the home, building or other structure where the HVAC system is located (see Barton, paragraph [0033]).
Regarding Claim 3, Atchison in view of Barton teaches everything that is claimed above with respect to Claim 1. Atchison does not specifically teach wherein the plurality of sensors comprises a first temperature sensor and a second temperature sensor, and wherein the first temperature sensor is disposed in an air flow duct between an air flow return side and a cooling coil, and wherein the second temperature sensor is disposed in an air flow duct between the cooling coil and an air flow supply side. However, Barton teaches, in Fig. 1, wherein the plurality of sensors comprises a first temperature sensor (38a) and a second temperature sensor (38b), and wherein the first temperature sensor (38a) is disposed in an air flow duct between an air flow return side and a cooling coil (HVAC components 6), and wherein the second temperature sensor (38b) is disposed in an air flow duct between the cooling coil (HVAC components 6) and an air flow supply side (paragraphs [0025] and [0027]). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the temperature sensors of Barton in the system of Atchison, in order to determine a current operating performance of the HVAC system based on the difference (delta T) between the supply and return air temperatures (see Barton, paragraph [0027]).
Regarding Claim 7, Atchison in view of Barton teaches everything that is claimed above with respect to Claim 1. Atchison further teaches wherein the plurality of sensors comprises a first temperature sensor and a second temperature sensor, and wherein the first temperature sensor is disposed on a liquid line inside a cooling coil and the second temperature sensor is disposed on a suction line of the cooling coil (Fig. 3, temperature sensors 324 and 326; paragraph [0101], liquid line temperature and suction line temperature).
Regarding Claim 9, Atchison teaches an apparatus comprising: a receiver configured to receive a plurality of sensor signals from a plurality of sensors disposed within a heating ventilation and air conditioning (HVAC) system over a period of time (paragraph [0101]; system data for HVAC system 300, including a plurality of types of sensor data and heating or cooling mode, may be transmitted to a remote server 214 during operation of system, i.e., over time); receive a plurality of active HVAC control signals indicating one or more currently active control functions assigned by an HVAC controller over the period of time, wherein the one or more currently active control functions indicate which components of the HVAC system are currently on and operating (paragraph [0101], heating or cooling mode, and fan speed, may be transmitted to a remote server 214; heating or cooling mode and fan speed indicate whether heating/cooling/blower components are currently on and operating; it is also noted that heating mode and cooling mode signals may be considered to be separate control signals because they activate separate components of the HVAC system); and a processor (processor 422) configured to determine, based on a temperature measurement, that a current condition level of the HVAC system has a failure condition (paragraph [0102], all fault diagnostic information and/or system status data can be pushed to remote server 214 via network; paragraph [0121], fault determined if monitored value, including temperature, exceeds or is below a threshold; paragraph [0123]).
Atchison does not specifically teach based on the plurality of active control signals received from the HVAC controller, trigger a temperature difference measurement operation to be performed comparing a difference between two temperature sensor measurements of two different sensors disposed in different locations of air flow ducts of the HVAC system, and compare a threshold value to the temperature difference measurement. However, Atchison does teach, in paragraph [0121], comparing a temperature measurement to a threshold in order to determine a fault. Further, Barton teaches based on the plurality of active control signals received from the HVAC controller (paragraphs [0004]-[0005] determining a delta T limit that corresponds to a specific operation mode, i.e., heating or cooling mode, which is equated to the plurality of active control signals, see paragraph [0025]), trigger a temperature difference measurement operation to be performed comparing a difference between two temperature sensor measurements of two different sensors disposed in different locations of air flow ducts of the HVAC system (paragraph [0118], diagnostics are run during for a predetermined amount of time during a cycle of the HVAC system, which would be indicated by control signals; Fig. 1, sensors 38a and 38b, paragraphs [0025] and [0027]), and compare a threshold value to the temperature difference measurement (paragraphs [0025] and [0027], delta T limit equated to threshold value). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the temperature sensors and the limits corresponding to specific operation modes of Barton in the system of Atchison, in order to alert a user that the HVAC system is operating in a less than ideal manner, which can produce undesirable results (see Barton, paragraphs [0002] and [0005]).
Atchison does not specifically teach generate an alert to identify the failure; and transmit the alert to a registered device. However, Atchison does teach providing fault data remotely to a technician via the server through a web portal (paragraphs [0128]-[0129]). Further, Barton teaches generate an alert to identify the failure; and transmit the alert to a registered device (paragraph [0033], user is alerted about the fault via IM or text message). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the alert of Barton in the server system of Atchison, in order to provide the alert to the user even when the user is away from the home, building or other structure where the HVAC system is located (see Barton, paragraph [0033]).
Regarding Claim 11, Atchison in view of Barton teaches everything that is claimed above with respect to Claim 9. Atchison does not specifically teach wherein the plurality of sensors comprises a first temperature sensor and a second temperature sensor, and wherein the first temperature sensor is disposed in an air flow duct between an air flow return side and a cooling coil, and wherein the second temperature sensor is disposed in an air flow duct between the cooling coil and an air flow supply side. However, Barton teaches, in Fig. 1, wherein the plurality of sensors comprises a first temperature sensor (38a) and a second temperature sensor (38b), and wherein the first temperature sensor (38a) is disposed in an air flow duct between an air flow return side and a cooling coil (HVAC components 6), and wherein the second temperature sensor (38b) is disposed in an air flow duct between the cooling coil (HVAC components 6) and an air flow supply side. It would have been obvious to one skilled in the art before the effective filing date of the invention to include the temperature sensors of Barton in the system of Atchison, in order to determine a current operating performance of the HVAC system based on the difference (delta T) between the supply and return air temperatures (see Barton, paragraph [0027]).
Regarding Claim 15, Atchison in view of Barton teaches everything that is claimed above with respect to Claim 9. Atchison further teaches wherein the plurality of sensors comprises a first temperature sensor and a second temperature sensor, and wherein the first temperature sensor is disposed on a liquid line inside a cooling coil and the second temperature sensor is disposed on a suction line of the cooling coil (Fig. 3, temperature sensors 324 and 326; paragraph [0101], liquid line temperature and suction line temperature).
Regarding Claim 17, Atchison teaches a non-transitory computer readable storage medium configured to store instructions that when executed cause a processor to perform (paragraph [0092], and server 214): receiving, at a server, a plurality of sensor signals from a plurality of sensors disposed within a heating ventilation and air conditioning (HVAC) system over a period of time (paragraph [0101]; system data for HVAC system 300, including a plurality of types of sensor data and heating or cooling mode, may be transmitted to a remote server 214 during operation of system, i.e., over time); receiving, at the server, a plurality of active HVAC control signals indicating one or more currently active control functions assigned by an HVAC controller over the period of time, wherein the one or more currently active control functions indicate which components of the HVAC system are currently on and operating (paragraph [0101], heating or cooling mode, and fan speed, may be transmitted to a remote server 214; heating or cooling mode and fan speed indicate whether heating/cooling/blower components are currently on and operating; it is also noted that heating mode and cooling mode signals may be considered to be separate control signals because they activate separate components of the HVAC system); and determining, via the server, based on a temperature measurement, that a current condition level of the HVAC system has a failure condition (paragraph [0102], all fault diagnostic information and/or system status data can be pushed to remote server 214 via network; paragraph [0121], fault determined if monitored value, including temperature, exceeds or is below a threshold; paragraph [0123]).
Atchison does not specifically teach based on the plurality of active control signals received from the HVAC controller, triggering a temperature difference measurement operation to be performed comparing a difference between two temperature sensor measurements of two different sensors disposed in different locations of air flow ducts of the HVAC system, and comparing a threshold value to the temperature difference measurement. However, Atchison does teach, in paragraph [0121], comparing a temperature measurement to a threshold in order to determine a fault. Further, Barton teaches based on the plurality of active control signals received from the HVAC controller (paragraphs [0004]-[0005] determining a delta T limit that corresponds to a specific operation mode, i.e., heating or cooling mode, which is equated to the plurality of active control signals, see paragraph [0025]), triggering a temperature difference measurement operation to be performed comparing a difference between two temperature sensor measurements of two different sensors disposed in different locations of air flow ducts of the HVAC system (paragraph [0118], diagnostics are run during for a predetermined amount of time during a cycle of the HVAC system, which would be indicated by control signals; Fig. 1, sensors 38a and 38b, paragraphs [0025] and [0027]), and comparing a threshold value to the temperature difference measurement (paragraphs [0025] and [0027], delta T limit equated to threshold value). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the temperature sensors and the limits corresponding to specific operation modes of Barton in the system of Atchison, in order to alert a user that the HVAC system is operating in a less than ideal manner, which can produce undesirable results (see Barton, paragraphs [0002] and [0005]).
Atchison does not specifically teach generating, via the server, an alert to identify the failure; and transmitting the alert to a registered device. However, Atchison does teach providing fault data remotely to a technician via the server through a web portal (paragraphs [0128]-[0129]). Further, Barton teaches generating an alert to identify the failure; and transmitting the alert to a registered device (paragraph [0033], user is alerted about the fault via IM or text message). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the alert of Barton in the server system of Atchison, in order to provide the alert to the user even when the user is away from the home, building or other structure where the HVAC system is located (see Barton, paragraph [0033]).
Regarding Claim 19, Atchison in view of Barton teaches everything that is claimed above with respect to Claim 17. Atchison does not specifically teach wherein the plurality of sensors comprises a first temperature sensor and a second temperature sensor, and wherein the first temperature sensor is disposed in an air flow duct between an air flow return side and a cooling coil, and wherein the second temperature sensor is disposed in an air flow duct between the cooling coil and an air flow supply side. However, Barton teaches, in Fig. 1, wherein the plurality of sensors comprises a first temperature sensor (38a) and a second temperature sensor (38b), and wherein the first temperature sensor (38a) is disposed in an air flow duct between an air flow return side and a cooling coil (HVAC components 6), and wherein the second temperature sensor (38b) is disposed in an air flow duct between the cooling coil (HVAC components 6) and an air flow supply side. It would have been obvious to one skilled in the art before the effective filing date of the invention to include the temperature sensors of Barton in the system of Atchison, in order to determine a current operating performance of the HVAC system based on the difference (delta T) between the supply and return air temperatures (see Barton, paragraph [0027]).
Claim(s) 8 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Atchison in view of Barton and Abiprojo et al (U.S. Pub. No. 2015/0362207, hereinafter “Abiprojo”).
Regarding Claim 8, Atchison in view of Barton teaches everything that is claimed above with respect to Claim 1. Atchison further teaches wherein the plurality of sensors comprises a humidity sensor disposed adjacent to the HVAC system (paragraph [0101], indoor humidity and outdoor humidity). Atchison does not specifically teach wherein the plurality of sensors comprise an electromagnetic sensor disposed on a power supply line of the HVAC system. However Abiprojo teaches in Fig. 2A and paragraph [0079] a hall effect current sensor 216 (equated to the claimed electromagnetic sensor) that measures incoming current to an AC system. It would have been obvious to one skilled in the art before the effective filing date of the invention to include the current sensor of Abiprojo in the system of Atchison, in order to determine the commanded operating mode of the HVAC system and detect faults (see Abiprojo, paragraph [0124]).
Regarding Claim 16, Atchison in view of Barton teaches everything that is claimed above with respect to Claim 9. Atchison further teaches wherein the plurality of sensors comprises a humidity sensor disposed adjacent to the HVAC system (paragraph [0101], indoor humidity and outdoor humidity). Atchison does not specifically teach wherein the plurality of sensors comprise an electromagnetic sensor disposed on a power supply line of the HVAC system. However Abiprojo teaches in Fig. 2A and paragraph [0079] a hall effect current sensor 216 (equated to the claimed electromagnetic sensor) that measures incoming current to an AC system. It would have been obvious to one skilled in the art before the effective filing date of the invention to include the current sensor of Abiprojo in the system of Atchison, in order to determine the commanded operating mode of the HVAC system and detect faults (see Abiprojo, paragraph [0124]).
Response to Arguments
Applicant's arguments filed 2/17/2026 have been fully considered but they are not persuasive.
Regarding the 101 rejections, Applicant argues on pages 9-10 that the human mind cannot know the control signals of an HVAC controller at a particular time. The Examiner disagrees. It is readily apparent to a human when an HVAC system is running, and whether it is cooling or heating. Further, these control signals may be visually indicated on the HVAC system control panel, which may be read by a human. The Claim merely recites gathering of data from generic sensors and control signals in a generic HVAC system, and performing a simple mathematical calculation and threshold comparison based on the gathered data.
Applicant goes on to argue on pages 10-11 that the temperature sensors of the Claims integrate the Claims into a practical application because Diamond v. Diehr uses temperature measurements, and that the arrangement of the sensors of the claims integrate the abstract idea into a practical application based on Thales Visionix. The Examiner disagrees, because Diamond v. Diehr was creating cured rubber; in the instant claims, no physical transformation occurs. Further, the sensor configuration of the claims is known in the art (see the Barton reference cited above), which differs from the novel configuration of Thales Visionix.
Regarding the 103 rejections, the amended claims are taught by the combination of the Atchison and Barton references. It is noted that “a plurality of active control signals” is taught by the heating and cooling mode signals that are taught in both Atchison and Barton; the heating mode signal and cooling mode signal may be considered to be separate signals. Further, the delta T determinations made in Barton are explicitly made based on the heating or cooling mode, and based on a cycle of the HVAC system running, which would be indicated by control signals. Updated rejections are provided above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA L DAVIS whose telephone number is (571)272-1599. The examiner can normally be reached Monday-Friday, 7am to 3pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby A Turner can be reached at (571)272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA L DAVIS/Examiner, Art Unit 2857
/SHELBY A TURNER/Supervisory Patent Examiner, Art Unit 2857