DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after December 9, 2016, is being examined under the first inventor to file provisions of the AIA .
In an Amendment filed on February 17, 2026, claims 1, 3, 10, 12, 17, and 19 were amended and claims 8 and 15 were cancelled.
Claims 1-7, 12-14, and 16-20 are currently pending and under examination, of which claims 1, 10, and 17 are independent claims.
Response to Amendment
The Replacement Sheets have overcome the drawing objections previously presented.
Applicant’s amendments to the claims have overcome the claim objections previously set forth.
Applicant’s amendments to the claims have overcome the means-plus-function interpretation under 35 USC 112(f) previously set forth.
Applicant’s amendments to the claims have overcome the rejections under 35 USC 112(b) previously set forth.
Applicant’s amendments to the claims have overcome the rejection under 35 USC 112(a) previously set forth.
Response to Arguments
Applicant’s arguments with respect to the 35 USC 102 and 35 USC 103 rejections of the independent claims 1, 10, and 17 and related dependent claims have been considered but are moot because the arguments do not apply to the new cited reference being used in the current rejections. Dependent claims 2-7, 9, 11-14, 16, and 18-20 depend directly, or indirectly, from independent claims 1, 10, and 17.
Claim Objections
The following claims are objected to for lack of antecedent support or for redundancies. The Examiner recommends the following changes:
Claim 1, line 14, insert “the” before “IR relay”.
Claim 17, line 16, insert “,” after “communication hub”.
Appropriate correction is respectfully requested.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103, which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-6, 10-13, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Thibault et al. (US Patent Publication No. 2022/0316740 A1) (“Thibault”), in view of Ko (US Patent Publication No. 2019/0257545 A1) (“Ko”).
Regarding independent claim 1, Thibault teaches:
A communication system for an operation of an HVAC unit for a target space, the communication system comprising: Thibault: Paragraph [0016] and FIG. 4 (“FIG. 1 is a top, plan view of a portion of a structure 100, comprising office 102, office 104, office 106, and hallway 108. In this embodiment, structure 100 comprises an office building, but in other embodiments, the structure could comprise a residence or a factory, or some other structure having at least two areas serviced by HVAC equipment.”)
a thermostat; Thibault: Paragraph [0017] (“The ambient air temperature in each of the office shown in FIG. 1 is controlled by smart thermostat 110 located in hallway 108 that controls HVAC equipment 112… Smart thermostat 110 comprises an internal temperature sensor that senses the ambient air temperature in hallway 108 where smart thermostat 110 is located, and controls HVAC equipment 112 to achieve desired ambient air temperatures in each of the offices.”)
a communication hub configured to: Thibault: Paragraph [0025] (“FIG. 4 is a functional block diagram of one embodiment of smart thermostat 110, showing processor 400, memory 402, HVAC interface 404, network interface 406, user interface 408 and temperature sensor 410.”) Thibault: Paragraph [0028] (“HVAC interface 404 is coupled to processor 400, comprising well-known circuitry for allowing processor 500 to send command and control signals to HVAC equipment 112... In yet still other embodiments, HVAC interface 404 is not needed, and processor 400 communicates with HVAC equipment 112 via network interface 406.”) [The HVAC interface, the network interface, and/or the user interface read on “a communication hub”.]
receive a user desired set point value from a remote control device, wherein the user desired set point value is for an operation of the HVAC unit; transmit the user desired set point value to the thermostat, Thibault: Paragraph [0037] and FIG. 4 (“At block 502, in one embodiment, processor 400 automatically determines a modified setpoint temperature based on the temperature delta. Processor 400 determines the modified setpoint temperature by lowering the desired setpoint temperature, for example 72 degrees, by a temperature delta of between 1 and up to 10 degrees as stored in memory 402, for example −3 degrees, resulting in a modified setpoint temperature of 69 degrees. The temperature delta may be … may be programmable by a user of smart thermostat 110. For example, … a user may enter a temperature delta of +/−2 degrees via either user interface 408 or mobile device 122, and change it later if it turns out that the temperature delta is too little or too much. In either case, processor 400 receives the temperature delta and stores it in memory 402 for use in determining modified setpoint temperature(s). For example, in a heating application during cold weather, if a desired setpoint temperature is 68 degrees and the temperature delta is 2 degrees, processor 400 determines a modified setpoint temperature of 70 degrees by adding the temperature delta of 2 degrees to the desired setpoint temperature of 68 degrees. In the current example, processer adds 2 degrees to the desired setpoint temperature of 72 degrees to arrive at a modified setpoint temperature of 74 degrees.”) [The setpoint information from the mobile device to the smart thermostat that controls the HVAC equipment reads on “receive a user desired set point value from a remote control device, wherein the user desired set point value is for an operation of the HVAC unit”. Providing the setpoints to the processor of the smart thermostat reads on “transmit the user desired set point value to the thermostat”.]
a relay comprising: Thibault: Paragraph [0037] and FIG. 4 [As described above.] Thibault: Paragraph [0049] (“Implementing the modified setpoint temperature causes processor 400 to control HVAC equipment 112 by sending electronic signals to HVAC equipment 112 via HVAC interface 404 based on the modified setpoint temperature and the ambient air temperature of hallway 108 as reported by temperature sensor 410. “) [The processor receiving and transmitting electronic signals reads on “a relay”.]
a transmitter configured to transmit a command of the communication hub to the HVAC unit, Thibault: Paragraph [0049] (“Implementing the modified setpoint temperature causes processor 400 to control HVAC equipment 112 by sending electronic signals to HVAC equipment 112 via HVAC interface 404 based on the modified setpoint temperature and the ambient air temperature of hallway 108 as reported by temperature sensor 410. For example, processor 400 may send an electronic signal to HVAC 112 that causes HVAC equipment 112 to turn on a central air conditioning unit to cool offices 102-106 until the ambient air temperature in hallway 108 reaches the modified setpoint temperature, at which time processor 400 may send an electronic signal to HVAC equipment 112 to turn the central air conditioning unit off.”) [The processor sending electronic signal reads on “a transmitter”.]
wherein IR relay is configured to intercept a signal from the remote control device to reach the HVAC unit, wherein the signal intercepted by the IR relay comprises the user desired set point value, Thibault: Paragraphs [0037] and [0049] and FIG. 4 [As described above.] [The desired setpoint temperature from the mobile device 122 received at the processor without directly transmitting the temperature setpoint to the HVAC equipment but instead being stored to then be processed to determine a modified setpoint temperature(s) reads on “intercept a signal from the remote control device to reach the HVAC unit, wherein the signal intercepted by the IR relay comprises the user desired set point value”.]
wherein the thermostat is configured to: receive the user desired set point value; Thibault: Paragraph [0037] [As described above.] Thibault: Paragraph [0006] (“…the processor to receive temperature readings from the temperature sensor of ambient air in the second area, automatically determine a modified setpoint temperature based on the desired setpoint temperature and a setpoint modification factor, and control HVAC equipment communicably coupled to the thermostat via the HVAC interface in accordance with the temperature readings from the temperature sensor and the modified setpoint temperature.”) Thibault: Paragraph [0012] (“FIG. 4 is a functional block diagram of one embodiment of the smart thermostat as shown in FIG. 1;”) [The processor of the smart thermostat receiving the desired setpoint temperature reads on “receive the user desired set point value”.]
adjust the user desired set point value based on measured temperature and/or measured humidity for the target space; and Thibault: Paragraph [0006] [As described above.] Thibault: Paragraph [0031] (“Temperature sensor 410 is coupled to processor 400, comprising a sensor that provides electronic signals to processor 400 in accordance with the ambient air temperature surrounding smart thermostat 110.”) Thibault: Paragraph [0007] (“…a smart thermostat located in a first area, for controlling ambient air temperature of a second area, comprising, receiving temperature readings from a temperature sensor of the thermostat of ambient air in the first area, automatically determining a modified setpoint temperature based on a desired setpoint temperature and a setpoint modification factor, and controlling HVAC equipment communicably coupled to the thermostat via a HVAC interface in accordance with the temperature readings from the temperature sensor and the modified setpoint temperature.”) Thibault: Paragraph [0021] (“Continuing the above example, the 72 degree desired setpoint temperature may be automatically modified by thermostat 110, depending on one or more setpoint modification factors, such as the time of day, the current season, the orientation of offices or rooms relative to the sun (i.e., relative to a compass heading), the location of structure 100, and current or future weather conditions, as more fully described later herein. For example, the 72 degree desired setpoint temperature might be changed to 68 degrees at 11 am, when the temperatures in the offices begins to rise quickly as the sun rises in the sky. In another embodiment, the desired setpoint temperature may be adjusted several times throughout the day or continuously. By adjusting the desired setpoint temperature lower, activation of HVAC equipment 112 occurs sooner than would ordinarily happen, to cool the offices when the ambient hallway temperature is only 68 degrees.”) [The modification of the desired setpoint temperature based on the temperature in the office reads on “adjust the user desired set point value based on measured temperature…for the target space”.]
transmit the adjusted user desired set point value as the command to the communication hub, Thibault: Paragraphs [0006], [0028], and [0049] [As described above.] [The processor in the thermostat transmitting command and control signals to the HVAC interface including the modified desired setpoint temperature reads on “transmit the adjusted user desired set point value as the command to the communication hub”.]
Thibault does not expressly teach “the thermostat receives measured temperature and/or measured humidity for a target space from distributed sensors that are not integrated into the thermostat”. However, Ko describes a system and method for a multi-zone climate control. Ko teaches:
wherein the thermostat receives measured temperature and/or measured humidity for a target space from distributed sensors that are not integrated into the thermostat. Ko: Paragraph [0044] (“Each MicroZone may contain one or more sensors configured to gather relevant parameters about the MicroZone for use by the controller to control temperature and airflow. Examples of such sensors include, but are not limited to, temperature sensors, air quality sensors, air flow sensors, humidity sensors, motion sensors, CO.sub.2 detectors, CO detectors, light sensors, smoke sensors, cameras, proximity sensors, microphones, near-field communication (NFC) sensors, load cells, or any other type of sensor that could be useful for controlling HVAC parameters. Sensors of the present invention may be positioned by themselves, or may alternatively be integrated into custom housings or the housings of existing elements of the system or the room. Exemplary sensors may be integrated into a thermostat or other control mechanism for the HVAC system, or may alternatively be positioned within a light switch, a light switch cover, a wall power outlet, a wall power outlet cover, a motion detector, a smoke detector, a CO.sub.2 detector, a CO detector, a window frame, a door frame, a hinge, crown molding, a baseboard, a doorknob, a door, a television, a chair, a bed, a sprinkler head, or any other position within a room advantageous for taking the appropriate measurement.”)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Thibault and Ko before them, for the thermostat of Thibault to receive measured temperature and/or measured humidity for a target space from distributed sensors that are not integrated into the thermostat because the references are in the same field of endeavor as the claimed invention and they are focused on analyzing environmental parameters.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because as shown in Ko, temperature and/or humidity sensors may be either integrated into a thermostat or may be located in other positions within a room, outside the thermostat. Ko Paragraph [0044]
Regarding claim 2, Thibault and Ko teach all the claimed features of claim 1, from which claim 2 depends. Thibault further teaches:
The communication system of claim 1, wherein the communication hub is configured to: receive the adjusted user desired set point from the thermostat; and transmit the adjusted user desired set point value to the HVAC unit. Thibault: Paragraphs [0028] and [0049] [As described in claim 1.] [The processor transmitting to the HVAC interface the modified desired setpoint temperature to then be used to control the HVAC equipment reads on “receive the adjusted user desired set point from the thermostat; and transmit the adjusted user desired set point value to the HVAC unit”.]
Regarding claim 3, Thibault and Ko teach all the claimed features of claim 2, from which claim 3 depends. Thibault further teaches:
The communication system of claim 2, wherein the adjusted user desired set point value is transmitted from the communication hub to the HVAC unit via the transmitter of the IR relay. Thibault: Paragraphs [0028] and [0049] and FIG. 4 [As described in claim 1.] [As shown in FIG. 4, the processor transmitting to the HVAC interface the modified desired setpoint temperature reads on “the adjusted user desired set point value is transmitted from the communication hub to the HVAC unit via the transmitter of the IR relay”.]
Regarding claim 4, Thibault and Ko teach all the claimed features of claim 3, from which claim 4 depends. Thibault further teaches:
The communication system of claim 3, wherein the adjusted user desired set point value is transmitted to the HVAC unit as the command of the communication hub. Thibault: Paragraphs [0006], [0028], and [0049] [As described in claim 1.] [The processor in the thermostat transmitting command and control signals to the HVAC interface including the modified desired setpoint temperature reads on “the adjusted user desired set point value is transmitted to the HVAC unit as the command of the communication hub”.]
Regarding claim 5, Thibault and Ko teach all the claimed features of claim 1, from which claim 5 depends. Thibault further teaches:
The communication system of claim 1, wherein in response to receiving the adjusted user desired set point value, the HVAC unit operates according to the adjusted user desired set point value. Thibault: Paragraphs [0017] and [0049] [As described in claim 1.]
Regarding claim 6, Thibault and Ko teach all the claimed features of claim 1, from which claim 6 depends. Thibault further teaches:
The communication system of claim 1, wherein the measured temperature and/or measured humidity are measured from one or more sensors. Thibault: Paragraph [0025] (“FIG. 4 is a functional block diagram of one embodiment of smart thermostat 110, showing processor 400, memory 402, HVAC interface 404, network interface 406, user interface 408 and temperature sensor 410.”) Thibault: Paragraph [0031] (“Temperature sensor 410 is coupled to processor 400, comprising a sensor that provides electronic signals to processor 400 in accordance with the ambient air temperature surrounding smart thermostat 110. Temperature sensor 410 may comprise one of a thermistor, a resistive temperature detector, a thermocouple, semiconductor-type apparatus, or some other temperature sensor known in the art.”)
Regarding independent claim 10, the claim recites similar limitations as corresponding independent claim 1 and is rejected using the same teachings and rationale.
Regarding claim 11, the claim recites similar limitations as corresponding claim 2 and is rejected using the same teachings and rationale.
Regarding claim 12, the claim recites similar limitations as corresponding claim 3 and is rejected using the same teachings and rationale.
Regarding claim 13, the claim recites similar limitations as corresponding claim 6 and is rejected using the same teachings and rationale.
Regarding independent claim 17, Thibault teaches:
A non-transitory machine readable medium storing instructions, which when executed by one or more processors, cause the one or more processors to: Thibault: Paragraph [0050] (“The methods or steps described in connection with the embodiments disclosed herein may be embodied directly in hardware or embodied in machine-readable instructions executed by a processor, or a combination of both. The machine-readable instructions may reside in RAM memory, flash memory, ROM memory, EPROM memory, EEPROM memory, or other suitable non-transitory computer-readable memory. An exemplary storage medium is coupled to the processor such that the processor can read information from, and in some embodiments, write information to, the storage medium. In the alternative, the storage medium may be integral to the processor. The processor and the storage medium may reside in an ASIC. In the alternative, the processor and the storage medium may reside as discrete components.”) Thibault: Paragraph [0051] (“Accordingly, an embodiment of the invention may comprise a non-transitory processor-readable media embodying code or machine-readable instructions to implement the teachings, methods, processes, algorithms, steps and/or functions disclosed herein.”)
Regarding the remaining limitations, independent claim 17 recites similar limitations as corresponding independent claim 1 and is rejected using the same teachings and rationale.
Regarding claim 18, the claim recites similar limitations as corresponding claim 2 and is rejected using the same teachings and rationale.
Regarding claim 19, the claim recites similar limitations as corresponding claim 3 and is rejected using the same teachings and rationale.
Claims 7, 14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Thibault, in view of Beitelmal (US Patent Publication No. 2018/0156487 A1) (“Beitelmal”).
Regarding claim 7, Thibault and Ko teach all the claimed features of claim 1, from which claim 7 depends. Thibault and Ko do not expressly teach the features of claim 7. However, Beitelmal describes operating a heat index thermostat. Beitelmal teaches:
The communication system of claim 1, wherein the thermostat comprises a heat index thermostat. Beitelmal: Paragraph [0005] (“The heat index thermostat is an electronic, programmable thermostat having a microcontroller or microprocessor programmed to regulate the temperature of an enclosed space, such as a room or building. The thermostat has a user interface that permits the user to select a mode of operation and to enter a set temperature, and input terminals for receiving signals from relative humidity, indoor temperature, and other sensors. In a heat index mode of operation, the space temperature is regulated by reference to a lookup table, correlation, heat index calculator or a relationship derived or based on a heat index chart.”) Beitelmal: Paragraph [0021] (“The heat index thermostat, which is also a smart thermostat, controls the cooling device or heating device and also displays information.”)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Thibault, Ko, and Beitelmal before them, for the smart thermostat to be a heat index thermostat because the references are in the same field of endeavor as the claimed invention and they are focused on analyzing environmental parameters.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification as a type of smart thermostat that achieves improved efficiency of HVAC systems, resulting in cost savings and energy savings. Beitelmal Paragraphs [0004], [0021], and [0029]
Regarding claim 14, the claim recites similar limitations as corresponding claim 7 and is rejected using the same teachings and rationale.
Regarding claim 20, the claim recites similar limitations as corresponding claim 7 and is rejected using the same teachings and rationale.
Claims 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Thibault, in view of Lau (US Patent Publication No. 2019/0178516 A1) (“Lau”).
Regarding claim 9, Thibault and Ko teach all the claimed features of claim 1, from which claim 9 depends. Thibault and Ko do not expressly teach the features of claim 9. However, Lau describes operating an intelligent air conditioning and heating system. Lau teaches:
The communication system of claim 1, wherein the HVAC unit comprises a non-centralized air conditioner. Lau: Paragraph [0004] (“There are several types or categories of HVAC systems. The 2 most common categories are centralized HVAC and decentralized HVAC…For residential homes, these types of HVAC are also call split system where the air conditioning compressor unit is split away from the air handler unit where the heat exchangers and blower fan are located. For centralized HVAC, the air handler unit distributes the conditioned air throughout the multiple rooms or spaces using a network of duck works.”) Lau: Paragraph [0005] (“The decentralized HVAC serves a single room or a small conditioned space. It has no duct work. It is also called the ductless system or mini-split. The decentralized HVAC unit is typically located in the room itself or adjacent to the room. These HVAC are usually a direct expansion types. Examples of these decentralized HVAC are packaged through the wall of the room, window mounted, room mounted with compressor outside the room (mini split), etc. The packaged through the wall type is also called the Package Terminal Air Conditioning (PTAC) and Packaged Terminal Heat Pumps (PTHP).”)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Thibault, Ko, and Lau before them, for the HVAC to be non-centralized because the references are in the same field of endeavor as the claimed invention and they are focused on analyzing environmental parameters.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it would provide for an air conditioning system that does not require duct work for a single room. Lau Paragraph [0005]
Regarding claim 16, the claim recites similar limitations as corresponding claim 9 and is rejected using the same teachings and rationale.
It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2123.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jones et al. (US Patent Publication No. 2020/0370774 A1) describes a method for controlling a heating, ventilation, and air conditioning (HVAC) system for a building includes receiving at a controller of the HVAC system, user input indicating a fallback temperature sensor from a plurality of temperature sensors in the building, where the plurality of temperature sensors in the building are associated with a plurality of spaces within the building. The method also includes determining, by the controller, that the plurality of spaces within the building are unoccupied and determining, by the controller, a temperature sensed by the fallback temperature sensor based on communication between the controller and the fallback temperature sensor. The method further includes causing, by the controller, the HVAC system to turn on or off based on the temperature at the fallback temperature sensor in response to determining that the plurality of spaces within the building are unoccupied.
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 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alicia M. Choi whose telephone number is (571)272-1473. The examiner can normally be reached Monday - Friday 7:30 am to 5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Fennema can be reached on 571-272-2748. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALICIA M. CHOI/Primary Patent Examiner, Art Unit 2117