Prosecution Insights
Last updated: April 18, 2026
Application No. 18/248,595

TEMPERATURE SET VERSUS ANOMALY DETECTION FOR A SMART SPACE IN A BUILDING

Non-Final OA §103
Filed
Apr 11, 2023
Examiner
BARGERO, JOHN E
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Innovative Building Technologies LLC
OA Round
1 (Non-Final)
56%
Grant Probability
Moderate
1-2
OA Rounds
3y 10m
To Grant
86%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allow Rate
322 granted / 579 resolved
-14.4% vs TC avg
Strong +31% interview lift
Without
With
+30.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
36 currently pending
Career history
615
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
59.2%
+19.2% vs TC avg
§102
21.9%
-18.1% vs TC avg
§112
16.1%
-23.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 579 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Allowable Subject Matter Claims 6 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The closest prior art, alone or in combination, does not disclose the method or system that monitors and controls a heating system, as claimed, with the steps of determining while the actual temperature in the space is changing, whether a rate of change of the actual temperature matches a reference rate of change; and in response to determination that a number of user inputs, which specify changes in temperature set points for the space, exceed a threshold number for a timeframe while the actual temperature is changing according to the determined rate of change that matches the reference rate of change, sending a second alert to instruct the temperature set point adjustment at the central plant. 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 1,4-5, 7-10,13-14, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wallace (US2019/0277523 A1) in view of Okita et al. (US 2019/0086110 A1). Regarding claim 1, Wallace (W) discloses a method to monitor and control heating and cooling associated with a smart space in a building (16,Figure 1), the method comprising: receiving a first user input that specifies a first temperature set point for the smart space ([0086]), wherein the heating and cooling in the building is respectively provided by heated and chilled water circulated in a pre-installed piping system provided by a central plant of the building (Figure 8, [0077]); changing, by the piping system, an actual temperature in the space towards the first temperature set point ([0097]). Wallace does not disclose the steps of changing the actual temperature towards the first temperature set point, receiving at least a second user input that specifies an adjustment from a current temperature set point to at least a second temperature set point for the smart space in an attempt to more quickly achieve the first temperature set point; in response to the actual temperature in the space having reached the first temperature set point, determining whether a time to reach the first temperature set point is above a reference average time; and in response to determination that the time to reach the first temperature set point is above the reference average time, sending a first alert to instruct a temperature set point adjustment at the central plant. However, Okita (O) discloses a method of adjusting a thermostat (Abstract) with the steps of while changing the actual temperature towards the first temperature set point, receiving at least a second user input that specifies an adjustment from a current temperature set point to at least a second temperature set point for the smart space in an attempt to more quickly achieve the first temperature set point in response to the actual temperature in the space having reached the first temperature set point, determining whether a time to reach the first temperature set point is above a reference average time ([0198]); and in response to determination that the time to reach the first temperature set point is above the reference average time, sending a first alert to instruct a temperature set point adjustment at the central plant (Figure 37, step 3810, [00252]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the method of operation of Wallace by Okita to ensure a quicker temperature adjustment by modifying the setpoints. Regarding claim 4, Wallace (W), as modified, discloses the method of claim 1, wherein: the smart space in the building includes at least one of: a smart living, office, or other human-occupy-able space or a smart storage space in the building, and wherein the smart space is defined by pre-manufactured ceiling, floor, and wall panels that are attached to a structural frame of the building, and the heated water is provided by at least one boiler or at least one air source heat pump (ASHP) of the central plant, and the chilled water is provided by the at least one ASHP (W-[0043,0073,0080]). Regarding claim 5, Wallace (W), as modified, discloses the method of claim 1, further comprising: in response to the actual temperature in the space failing to reach the first temperature set point, sending the first alert to instruct the temperature set point adjustment at the central plant (W-[0098]). Regarding claim 7, Wallace (W), as modified, discloses the method of claim 1, further comprising determining, while the actual temperature in the smart space is changing, whether a rate of change of the actual temperature matches a reference rate of change, wherein the reference rate of change is based on historical data for the building ([0172, 0180, 0222]). Regarding claim 8, Wallace (W), as modified, discloses the method of claim 7, wherein the historical data includes rates of change based on one or more of: a location of the space in the building, a configuration of the space, an environmental condition outside of the building, position of window coverings of the space, window exposure of the space, insulation of the space, time of day, and season ([0206, 0222]). Regarding claim 9, Wallace (W), as modified, discloses the method of claim 1, wherein the temperature set point adjustment at the central plant includes pre-chilling the water prior to circulation in the pipes for cooling, or increasing temperature of the water prior to circulation in the pipes for heating (W-[0095, 0102]). Regarding claim 10, Wallace (W) discloses a system, comprising: a controller; and a non-transitory computer-readable medium coupled to the controller and having instructions stored thereon, which in response to execution by the controller, cause the controller to perform or manage performance of operations to: receive a first user input that specifies a first temperature set point for a smart space in a building ([0086]), wherein the heating and cooling in the building is respectively provided by heated and chilled water circulated in a pre-installed piping system provided by a central plant of the building (Figure 8, [0077]); change an actual temperature in the space towards the first temperature set point ([0097]). Wallace does not disclose the steps of while changing the actual temperature towards the first temperature set point, receive at least a second user input that specifies an adjustment from a current temperature set point to at least a second temperature set point for the smart space in an attempt to more quickly achieve the first temperature set point in response to an actual temperature in the space having reached the first temperature set point, determine whether a time to reach the first temperature set point is above a reference average time; and in response to determination that the time to reach the first temperature set point is above the reference average time, send a first alert to instruct a temperature set point adjustment at the central plant. However, Okita (O) discloses a method of adjusting a thermostat (Abstract) with the steps of while changing the actual temperature towards the first temperature set point, receiving at least a second user input that specifies an adjustment from a current temperature set point to at least a second temperature set point for the smart space in an attempt to more quickly achieve the first temperature set point in response to the actual temperature in the space having reached the first temperature set point, determining whether a time to reach the first temperature set point is above a reference average time ([0198]); and in response to determination that the time to reach the first temperature set point is above the reference average time, sending a first alert to instruct a temperature set point adjustment at the central plant (Figure 37, step 3810, [00252]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the method of operation of Wallace by Okita to ensure a quicker temperature adjustment by modifying the setpoints. Regarding claim 13, Wallace (W), as modified, discloses system of claim 10, wherein: the smart space in the building includes at least one of: a smart living, office, or other human-occupy-able space or a smart storage space in the building, and wherein the smart space is defined by pre-manufactured ceiling, floor, and wall panels that are attached to a structural frame of the building, and the heated water is provided by at least one boiler or at least one air source heat pump (ASHP) of the central plant, and the chilled water is provided by the at least one ASHP (W-[0043,0073,0080]). Regarding claim 14, Wallace (W), as modified, discloses the system of claim 10, further comprising: in response to the actual temperature in the space failing to reach the first temperature set point, sending the first alert to instruct the temperature set point adjustment at the central plant (W-[0098]). Regarding claim 16, Wallace (W), as modified, discloses the system of claim 10, further comprising determining, while the actual temperature in the smart space is changing, whether a rate of change of the actual temperature matches a reference rate of change, wherein the reference rate of change is based on historical data for the building ([0172, 0180, 0222]). Regarding claim 17, Wallace (W), as modified, discloses the system of claim 16, wherein the historical data includes rates of change based on one or more of: a location of the space in the building, a configuration of the space, an environmental condition outside of the building, position of window coverings of the space, window exposure of the space, insulation of the space, time of day, and season ([0206, 0222]). Regarding claim 18, Wallace (W), as modified, discloses the system of claim 10, wherein the temperature set point adjustment at the central plant includes pre-chilling the water prior to circulation in the pipes for cooling, or increasing temperature of the water prior to circulation in the pipes for heating (W-[0095, 0102]). Regarding claim 19, Wallace (W), as modified, discloses the system of claim 10, further comprising a machine-learning unit coupled to the controller, and operative to determine whether a number of user inputs to specify temperature set points, while the actual temperature in the space is changing, is indicative of user acceptance of the actual temperature ([0416]). Regarding claim 20, Wallace (W) discloses a non-transitory computer-readable medium having instructions stored thereon, which in response to execution by a controller, cause the controller to perform or manage performance of operations that comprise: receiving a first user input that specifies a first temperature set point for a smart space in a building ([0086]), wherein the heating and cooling in the building is respectively provided by heated and chilled water circulated in a pre-installed piping system provided by a central plant of the building (Figure 8, [0077]); changing, by the piping system, an actual temperature in the space towards the first temperature set point ([0097]). Wallace does not disclose the steps of while changing the actual temperature towards the first temperature set point, receiving at least a second user input that specifies an adjustment from a current temperature set point to at least a second temperature set point for the smart space in an attempt to more quickly achieve the first temperature set point in response to an actual temperature in the space having reached the first temperature set point, determining whether a time to reach the first temperature set point is above a reference average time; and in response to determination that the time to reach the first temperature set point is above the reference average time, sending a first alert to instruct a temperature set point adjustment at the central plant. However, Okita (O) discloses a method of adjusting a thermostat (Abstract) with the steps of while changing the actual temperature towards the first temperature set point, receiving at least a second user input that specifies an adjustment from a current temperature set point to at least a second temperature set point for the smart space in an attempt to more quickly achieve the first temperature set point in response to the actual temperature in the space having reached the first temperature set point, determining whether a time to reach the first temperature set point is above a reference average time ([0198]); and in response to determination that the time to reach the first temperature set point is above the reference average time, sending a first alert to instruct a temperature set point adjustment at the central plant (Figure 37, step 3810, [00252]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the method of operation of Wallace by Okita to ensure a quicker temperature adjustment by modifying the setpoints. Claims 2-3 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Wallace (US2019/0277523 A1), Okita et al. (US 2019/0086110 A1), and Goergen (US 2017/0208672 A1). Regarding claim 2, Wallace (W), as modified, discloses the method of claim 1, but not the steps of further comprising: in response to determination that a number of user inputs, which specify changes in temperature set points for the space, exceed a threshold number for a timeframe while the actual temperature is changing, sending a second alert to instruct the temperature set point adjustment at the central plant. However, Goergen (G) discloses a networked light controller (Abstract) with the steps of determining that a number of user inputs, which specify changes in set points for the space (lighting requirements), exceed a threshold number for a timeframe while the actual temperature is changing, sending a second alert to instruct the set point adjustment at the central plant ([0012]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the method of operation of the controller based on user input for a better controlled environment; it would obvious that if lots of dwellers where complaining, i.e., messing with the thermostat that they must be in grave discomfort requiring immediate attention. Regarding claim 3, Wallace (W), as modified, discloses the method of claim 1, further comprising performing the temperature set point adjustment in the central plant, in response to a plurality of users, for which the time to reach the first temperature set point in their respective smart spaces is above the reference average time, exceeds a threshold number of users ([0012], please refer to the rejection of claim 2 for clarification). Regarding claim 11, Wallace (W), as modified, discloses the system of claim 10, but not that the operations further comprise: in response to determination that a number of user inputs, which specify changes in temperature set points for the space, exceed a threshold number for a timeframe while the actual temperature is changing, send a second alert to instruct the temperature set point adjustment at the central plant. However, Goergen (G) discloses a networked light controller (Abstract) with the steps of determining that a number of user inputs, which specify changes in set points for the space (lighting requirements), exceed a threshold number for a timeframe while the actual temperature is changing, sending a second alert to instruct the set point adjustment at the central plant ([0012]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the method of operation of the controller based on user input for a better controlled environment. Regarding claim 12, Wallace (W), as modified, discloses the system of claim 10, wherein the operations further comprise: perform the temperature set point adjustment in the central plant, in response to a plurality of users, for which the time to reach the first temperature set point in their respective smart spaces is above the reference average time, exceeds a threshold number of users ([0012], please refer to the rejection of claim 11 for clarification). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN E BARGERO whose telephone number is (571) 270-1770. The examiner can normally be reached Monday-Friday. 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, Steve McAllister can be reached at (571) 272-6785. 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. /JOHN E BARGERO/Examiner, Art Unit 3762 /STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762
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Prosecution Timeline

Apr 11, 2023
Application Filed
Apr 04, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
56%
Grant Probability
86%
With Interview (+30.8%)
3y 10m
Median Time to Grant
Low
PTA Risk
Based on 579 resolved cases by this examiner. Grant probability derived from career allow rate.

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