Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Terminal Disclaimer
The terminal disclaimer filed on 12/30/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US patent 11,733,664 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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.
Claims 21-34 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 pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 21 recites “exchanging equipment data and commands between the virtual building management system and the equipment controllers; and dynamically updating the equipment data using a commissioning application on a second server via a gateway coupled to at least one of controllers”. However, the recited limitation is not disclosed in applicant’s original disclosure.
Claims 22-34 are likewise rejected for the same reasons as claim 21, since they depend from claim 21.
Reasons of Allowance
Claims 35-40 are allowed.
The closest prior art, Remacle et al. (Pub. No.: US 2015/0142498), discloses “the one or more processors to: host a building management system commissioning workflow on an application server; provide data indicating commissioning activities defined by the building management system commissioning workflow from the application server to a user device for display on a user interface of the user device”.
However, the prior art differs from the present invention because the prior art fails to disclose “dynamically update a commissioning activity status of the commissioning activities in the building management system commissioning workflow hosted via a gateway coupled to at least one of controllers; and initiate an automated action based on the commissioning activity status of the commissioning activities in the building management system commissioning workflow hosted on the application server”.
The following is an examiner’s statement of reasons for allowance:
Independent Claim 35 identifies the distinct features “the one or more processors to: host a building management system commissioning workflow on an application server; provide data indicating commissioning activities defined by the building management system commissioning workflow from the application server to a user device for display on a user interface of the user device; dynamically update a commissioning activity status of the commissioning activities in the building management system commissioning workflow hosted via a gateway coupled to at least one of controllers; and initiate an automated action based on the commissioning activity status of the commissioning activities in the building management system commissioning workflow hosted on the application server", which are not taught or suggested by the prior art of records.
Independent Claim 40 identifies the distinct features “the system comprising: a building management system commissioning workflow application hosted on an application server; and at least one of a user device or a remote device at a building site configured to be communicatively connected to the application server, wherein data indicating commissioning activities defined by the building management system commissioning workflow application is provided from the application server to the user device for display on a user interface of the user device, wherein an automated action is initiated based on a commissioning activity status of the commissioning activities defined by the building management system commissioning workflow application, and wherein the data is updated using a commissioning application via a gateway coupled to at least one of controllers", which are not taught or suggested by the prior art of records.
Claims 35-40 would be allowable over the prior art of record because the claimed features as mentioned above in combination with other claimed features are not recited or suggested by the prior art of records.
Response to Arguments
Applicant’s arguments filed on 12/30/2025 have been fully considered but they are not persuasive.
1st Point of Argument
Regarding the terminal disclaimer filed on 12/30/2025, the nonstatutory obviousness type double patenting rejection has been overcome by the filing of the terminal disclaimer, and the terminal disclaimer has been approved. Accordingly, claims 35-40 are allowed
2nd Point of Argument
Regarding the rejection under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, the original disclosure does not reasonably convey to one of ordinary skill in the art that the inventor had possession of the claimed invention. While the original disclosure generally discloses a virtual building management system and data communication, it fails to describe exchanging both equipment data and commands between the virtual system and equipment controllers as claimed. Moreover, the original disclosure does not provide support for “dynamically updating the equipment data” as it only describes updating commissioning workflow or activity status rather than equipment data itself. Additionally, the original disclosure does not describe performing such updating “via a gateway” as recited in the claim. Accordingly, the written description requirement is not satisfied.
If Applicant clearly demonstrates support in the original disclosure for the claimed limitation, or cancels claims 21-34, the application would be in condition for allowance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
TURNER (Pub. No.: US 2021/0055716) “DATA HARMONIZATION ACROSS BUILDING LIFECYCLE”
Considered for teachings related to generally directed to building projects, and, more particularly, to data harmonization and reuse across the lifecycles of serial-building projects.
Does not disclose or suggest dynamically update a commissioning activity status of the commissioning activities in the building management system commissioning workflow hosted via a gateway coupled to at least one of controllers; and initiate an automated action based on the commissioning activity status of the commissioning activities in the building management system commissioning workflow hosted on the application server.
THIS ACTION IS MADE FINAL. 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 extension fee 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 should be directed to Yong Choe at telephone number 571-270-1053 or email to yong.choe@uspto.gov. The examiner can normally be reached on M-F 8:00am to 5:00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rutz, Jared Ian can be reached on (571) 272-5535. Any inquiry of a general nature or relating to the status of this application should be directed to the TC 2100 whose telephone number is (571) 272-2100.
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/YONG J CHOE/Primary Examiner, Art Unit 2135
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