DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This office action is in response to applicant’s amendment filed, 14 May 2026, of application filed, with the above serial number, on 15 May 2023 in which claims 1, 13 have been amended. Claims 1-5, 7-13 are pending in the application.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The disclosure is objected to because of the following informalities:
Para. 137 describes multiple times “the technical between…”. Further, the phrase “in some embodiments” is repeated in virtually every paragraph at least once and appears to be a translation error as it is not clear which embodiments each variation occurs, each and every embodiment further comprising hundreds of other embodiment possibilities results in an infinite disclosure that is indefinite. Para. 121 is duplicative of para. 119. The intrinsic properties in par. 84-87, 89 and/or 149-152, 154 are repeated as technical properties in par. 91-95 and/or 156-160. Similar with 185-189 and 191-195.
As an example, Par. 136 recites “In some embodiments, the digital communication protocol is a connectionless, digital communication protocol. In some embodiments, the digital communication protocol comprises a connectionless, digital communication protocol. In some embodiments, the digital communication protocol is a connection-oriented, digital communication protocol. In some embodiments, the digital communication protocol comprises a connection-oriented, digital communication protocol.”
As can be seen, the specification is repetitive in nature and is not claim language, swapping ‘is’ for ‘comprises’, or stating that a connectionless, digital communication protocol comprises a connectionless, digital communication protocol. Other paragraphs have similar issues and are thus not short and specific.
See section (j) of the content of specification: “The description should be as short and specific as is necessary to describe the invention adequately and accurately. Where elements or groups of elements, compounds, and processes, which are conventional and generally widely known in the field of the invention described, and their exact nature or type is not necessary for an understanding and use of the invention by a person skilled in the art, they should not be described in detail.”
The specification is requested to be cleaned up of these minor informalities.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the (1) device database and (2) the method, including steps of loading, selecting, retrieving, transmitting, applying and producing, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 1-5, 7-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Laughton et al (hereinafter “Laughton”, 2022/0303339) in view of Shi et al (hereinafter “Shi”, 2016/0072892).
As per Claim 1, Laughton discloses a method of configuring a site comprising a plurality of devices including a plurality of site controllers, a plurality of sensors, and a plurality of appliances, the method comprising:
loading descriptor data for the plurality of appliances and/or for the plurality of sensors (at least paragraph 37; the building management platform analyzes descriptive information describing an entity);
selecting a first device from the plurality of appliances and/or the plurality of sensors (at least paragraph 44-46; device(s) new digital representations collected (devices being …sensors and/or appliances);
retrieving first descriptor data for the first device from the device database (at least paragraph 37; building management platform analyzes descriptive information describing an entity to extract semantic information describing one or more attributes of the entity. For example, the building management platform may execute a natural language processing (NLP) algorithm on descriptive information associated with an embedded building controller to extract a name and/or identifier for the building controller);
selecting a second device from the plurality of appliances and/or from the plurality of sensors (at least paragraph 44-46; device(s) new digital representations collected (devices being …sensors and/or appliances);
retrieving second descriptor data for the second device from the device database (at least paragraph 37; building management platform analyzes descriptive information describing an entity to extract semantic information describing one or more attributes of the entity. For example, the building management platform may execute a natural language processing (NLP) algorithm on descriptive information associated with an embedded building controller to extract a name and/or identifier for the building controller);
producing relationship data indicative of a technical relationship between the first device and the second device (at least paragraph 44, 69, 77, 133; an entity graph is a data structure representing entities (e.g., spaces, equipment, people, events, etc.) and relationships between the entities; cloud building management platform 140 may retrieve a number of data points that are related to a first data point (e.g., through a relationship tag, etc.) and may use the number of data points to generate a location tag for the first data point (e.g., a tag associating the first data point with a space such as a room, etc.); analyzing received data to determine relationships between various entities. For example, cloud building management platform 140 may determine that thermostat 2004 is located in room 2002 because thermostat 2004 measured a temperature increase corresponding to what would be expected based on operation of a HVAC system during step 2010. In some embodiments, step 2030 includes generating data to fill in gaps in an existing data analytics model (e.g., a digital representation of room 2002, etc.). For example, cloud building management platform 140 may generate relationship data (e.g., a tag, etc.) describing a location of a sensor for an existing sensor that is missing a location);
selecting a third device from the plurality of site controllers based on the relationship data (at least paragraph 78, 82; cloud building management platform 140 may perform a “BACnet scan” to retrieve identifiers associated with one or more building controllers located in a building. At step 214, cloud building management platform 140 may perform semantic extraction on the descriptive data to identify one or more attributes of the entity.; cloud building management platform 140 may monitor a temperature sensor associated with a room (e.g., located within the room, etc.). At step 460, cloud building management platform 140 may determine whether the sensor measurements align with expected behavior. For example, cloud building management platform 140 may compare an expected covariance of the sensor measurements and the change in the environmental variable to an actual covariance of the sensor measurements and the change in the environmental variable. At step 470 (YES), cloud building management platform 140 may determine the tag is valid. For example, cloud building management platform 140 may automatically close the blinds in a room, may measure (e.g., via a camera, etc.) an amount of ambient light in the room, and may determine whether a controller for the blinds is mapped to the correct room within a building model based on observing that the amount of ambient light in the room decreases in response to the blinds being closed);
producing a first set of configuration data based on the relationship data (at least paragraph 61; Dynamic analysis circuit 154 may perform one or more actions and generate configuration information based on the one or more actions. For example, dynamic analysis circuit 154 may adjust a temperature setpoint associated with a space, monitor a temperature sensor associated with the space, and update a device configuration of the temperature sensor based on the monitoring; par. 106: cloud building management platform 140 may automatically update the incorrect tag or automatically update a device configuration of a device associated with the first data point to address the anomaly. For example, cloud building management platform 140 may update tag included in a building model to change a data point from being associated with a first space to being associated with a second space; par. 112: cloud building management platform 140 may update a building model to tag data point 1210 with one or more tags based on a selected configuration 1220 according to the associated parameters 1224. As another example, cloud building management platform 140 may update a machine learning model based on user feedback to increase an accuracy of future configuration suggestions. In some embodiments, a user selection of a “Reanalyze” option may cause cloud building management platform 140 to reanalyze information associated with data point 1210 (e.g., context information, etc.) to generate one or more new configurations 1220);
producing a second set of configuration data based on the relationship data (at least paragraph 61; Dynamic analysis circuit 154 may perform one or more actions and generate configuration information based on the one or more actions. For example, dynamic analysis circuit 154 may adjust a temperature setpoint associated with a space, monitor a temperature sensor associated with the space, and update a device configuration of the temperature sensor based on the monitoring; par. 106: cloud building management platform 140 may automatically update the incorrect tag or automatically update a device configuration of a device associated with the first data point to address the anomaly. For example, cloud building management platform 140 may update tag included in a building model to change a data point from being associated with a first space to being associated with a second space; par. 112: cloud building management platform 140 may update a building model to tag data point 1210 with one or more tags based on a selected configuration 1220 according to the associated parameters 1224. As another example, cloud building management platform 140 may update a machine learning model based on user feedback to increase an accuracy of future configuration suggestions. In some embodiments, a user selection of a “Reanalyze” option may cause cloud building management platform 140 to reanalyze information associated with data point 1210 (e.g., context information, etc.) to generate one or more new configurations 1220);
producing a third set of configuration data based on the relationship data (at least paragraph 61; Dynamic analysis circuit 154 may perform one or more actions and generate configuration information based on the one or more actions. For example, dynamic analysis circuit 154 may adjust a temperature setpoint associated with a space, monitor a temperature sensor associated with the space, and update a device configuration of the temperature sensor based on the monitoring; par. 106: cloud building management platform 140 may automatically update the incorrect tag or automatically update a device configuration of a device associated with the first data point to address the anomaly. For example, cloud building management platform 140 may update tag included in a building model to change a data point from being associated with a first space to being associated with a second space; par. 112: cloud building management platform 140 may update a building model to tag data point 1210 with one or more tags based on a selected configuration 1220 according to the associated parameters 1224. As another example, cloud building management platform 140 may update a machine learning model based on user feedback to increase an accuracy of future configuration suggestions. In some embodiments, a user selection of a “Reanalyze” option may cause cloud building management platform 140 to reanalyze information associated with data point 1210 (e.g., context information, etc.) to generate one or more new configurations 1220);
transmitting the first set of configuration data to the first device; transmitting the second set of configuration data to the second device; transmitting the third set of configuration data to the third device (at least paragraph 110, 114; cloud building management platform 140 to update a device configuration associated with entity 1320);
applying the first set of configuration data to the first device;
applying the second set of configuration data to the second device; and
applying the third set of configuration data to the third device (at least paragraph 110, 78; a user may select one of configurations 1220 to indicate that the user wishes to apply the selected configuration to data point 1210).
Laughton fails to explicitly disclose a device database storing the descriptor data and loading an ontology database comprising a set of rules applicable to the first device and to the second device, the ontology database determining relationships between devices to be configured and the related applying at least one of the rules of the set of rules of the ontology database to the first descriptor data and to the second descriptor data. Laughton does disclose in at least paragraph 37, 43, 77 that “the building management platform analyzes descriptive information describing an entity to extract semantic information describing one or more attributes of the entity; the building management platform may ingest and interpret external data sources (e.g., BIM data, enterprise management data, personnel data, etc.), extract semantic information from external data sources; one or more rules associated with a building management system…[f]or example, cloud building management platform 140 may generate an equipment template for a piece of HVAC equipment specifying one or more attributes of the HVAC equipment (e.g., tags associated with the HVAC equipment, normal operating ranges of the HVAC equipment, an operational schedule for the HVAC equipment, etc.))”
However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of Shi. Shi discloses, in an analogous IOT art, a database consisting of sensor data, sensor information, real-object information, and other related information and used to store data information and construction of an ontology base that establishes relationships between entities (at least paragraph 9, 34-35, 40-42).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of Shi’s device and ontology databases with Laughton as device databases are well known in the building management art and Laughton teaches a building model database 180, see Fig. 1A, and Shi teaches providing a semantics-based architectural model of the Internet of Things so as to realize effective sharing, reuse, integration, and access to data, improving the interoperability of resources and achieving intellectualized service and realizing automatic discovery of heterogeneous resources (par. 3 and abstract).
As per Claim 2. The method according to claim 1, wherein the first device comprises an appliance (at least paragraph 2, 46-47; appliance- water heater, HVAC, appliances etc; Building management platforms may include entities such as controllers, sensors, or water heaters deployed within a space; [remainder of claim elements as disclosed and mapped in claim 1]).
As per Claim 3. The method according to claim 1, wherein the second device comprises a sensor (at least paragraph 2, 46-47; sensor- sensor; Building management platforms may include entities such as controllers, sensors, or water heaters deployed within a space; [remainder of claim elements as disclosed and mapped in claim 1]).
As per Claim 4. The method according to claim 1, the method comprising producing the first set of configuration data based on the relationship data and based on the first descriptor data (at least paragraph 61; Dynamic analysis circuit 154 may perform one or more actions and generate configuration information based on the one or more actions. For example, dynamic analysis circuit 154 may adjust a temperature setpoint associated with a space, monitor a temperature sensor associated with the space, and update a device configuration of the temperature sensor based on the monitoring; par. 106: cloud building management platform 140 may automatically update the incorrect tag or automatically update a device configuration of a device associated with the first data point to address the anomaly. For example, cloud building management platform 140 may update tag included in a building model to change a data point from being associated with a first space to being associated with a second space; par. 112: cloud building management platform 140 may update a building model to tag data point 1210 with one or more tags based on a selected configuration 1220 according to the associated parameters 1224. As another example, cloud building management platform 140 may update a machine learning model based on user feedback to increase an accuracy of future configuration suggestions. In some embodiments, a user selection of a “Reanalyze” option may cause cloud building management platform 140 to reanalyze information associated with data point 1210 (e.g., context information, etc.) to generate one or more new configurations 1220).
As per Claim 5. The method according to claim 1, further comprising producing the first set of configuration data based on the relationship between the first device and/or the second device as indicated by the relationship data and based on the first descriptor data and based on the second descriptor data (at least paragraph 61; Dynamic analysis circuit 154 may perform one or more actions and generate configuration information based on the one or more actions. For example, dynamic analysis circuit 154 may adjust a temperature setpoint associated with a space, monitor a temperature sensor associated with the space, and update a device configuration of the temperature sensor based on the monitoring; par. 106: cloud building management platform 140 may automatically update the incorrect tag or automatically update a device configuration of a device associated with the first data point to address the anomaly. For example, cloud building management platform 140 may update tag included in a building model to change a data point from being associated with a first space to being associated with a second space; par. 112: cloud building management platform 140 may update a building model to tag data point 1210 with one or more tags based on a selected configuration 1220 according to the associated parameters 1224. As another example, cloud building management platform 140 may update a machine learning model based on user feedback to increase an accuracy of future configuration suggestions. In some embodiments, a user selection of a “Reanalyze” option may cause cloud building management platform 140 to reanalyze information associated with data point 1210 (e.g., context information, etc.) to generate one or more new configurations 1220).
As per Claim 7. The method according to claim 1, further comprising producing the relationship data by applying two or more of the rules of the set of rules of the ontology database to the first descriptor data and to the second descriptor data (at least paragraph 44, 69, 77, 133; an entity graph is a data structure representing entities (e.g., spaces, equipment, people, events, etc.) and relationships between the entities; cloud building management platform 140 may retrieve a number of data points that are related to a first data point (e.g., through a relationship tag, etc.) and may use the number of data points to generate a location tag for the first data point (e.g., a tag associating the first data point with a space such as a room, etc.); analyzing received data to determine relationships between various entities. For example, cloud building management platform 140 may determine that thermostat 2004 is located in room 2002 because thermostat 2004 measured a temperature increase corresponding to what would be expected based on operation of a HVAC system during step 2010. In some embodiments, step 2030 includes generating data to fill in gaps in an existing data analytics model (e.g., a digital representation of room 2002, etc.). For example, cloud building management platform 140 may generate relationship data (e.g., a tag, etc.) describing a location of a sensor for an existing sensor that is missing a location).
As per Claim 8. The method according to claim 1, further comprising: loading data indicative of a building information model of the site; producing the building information model of the site from the data indicative of the building information model of the site (at least paragraph 34, 43; generate a building information model (BIM); the building management platform may ingest and interpret external data sources (e.g., BIM data, enterprise management data, personnel data, etc.), extract semantic information from external data sources, dynamically determine configuration information, automatically enrich digital representations with derived information, and/or generate digital representations for spaces); and producing the relationship data indicative of a relationship between the first device and the second device by applying the building information model of the site and at least one of the rules of the set of rules of the ontology database to the first descriptor data and to the second descriptor data (at least paragraph 44, 69, 77, 133; an entity graph is a data structure representing entities (e.g., spaces, equipment, people, events, etc.) and relationships between the entities; cloud building management platform 140 may retrieve a number of data points that are related to a first data point (e.g., through a relationship tag, etc.) and may use the number of data points to generate a location tag for the first data point (e.g., a tag associating the first data point with a space such as a room, etc.); analyzing received data to determine relationships between various entities. For example, cloud building management platform 140 may determine that thermostat 2004 is located in room 2002 because thermostat 2004 measured a temperature increase corresponding to what would be expected based on operation of a HVAC system during step 2010. In some embodiments, step 2030 includes generating data to fill in gaps in an existing data analytics model (e.g., a digital representation of room 2002, etc.). For example, cloud building management platform 140 may generate relationship data (e.g., a tag, etc.) describing a location of a sensor for an existing sensor that is missing a location).
As per Claim 9. The method according to claim 1, further comprising: loading data indicative of a building information model of the site; producing the building information model of the site from the data indicative of the building information model of the site; producing an extended ontology database comprising a set of rules by merging the ontology database and the building information model of the site (at least paragraph 34, 43; generate a building information model (BIM); the building management platform may ingest and interpret external data sources (e.g., BIM data, enterprise management data, personnel data, etc.), extract semantic information from external data sources, dynamically determine configuration information, automatically enrich digital representations with derived information, and/or generate digital representations for spaces); and producing the relationship data indicative of a relationship between the first device and the second device by applying at least one of the rules of the set of rules of the extended ontology database to the first descriptor data and to the second descriptor data (at least paragraph 44, 69, 77, 133; an entity graph is a data structure representing entities (e.g., spaces, equipment, people, events, etc.) and relationships between the entities; cloud building management platform 140 may retrieve a number of data points that are related to a first data point (e.g., through a relationship tag, etc.) and may use the number of data points to generate a location tag for the first data point (e.g., a tag associating the first data point with a space such as a room, etc.); analyzing received data to determine relationships between various entities. For example, cloud building management platform 140 may determine that thermostat 2004 is located in room 2002 because thermostat 2004 measured a temperature increase corresponding to what would be expected based on operation of a HVAC system during step 2010. In some embodiments, step 2030 includes generating data to fill in gaps in an existing data analytics model (e.g., a digital representation of room 2002, etc.). For example, cloud building management platform 140 may generate relationship data (e.g., a tag, etc.) describing a location of a sensor for an existing sensor that is missing a location).
As per Claim 10. The method according to claim 1, the site comprising a configuration controller having a memory storing the data indicative of the ontology database (at least paragraph 78, 120; building controllers; cloud building management platform 140 may be able to generate a more accurate model of a space if data from a HVAC controller serving the space became available and may generate a suggestion to configure the HVAC controller so that cloud building management platform 140 may use the data), the method further comprising: the configuration controller selecting the first device from the plurality of appliances and/or from the plurality of sensors; the configuration controller producing the first descriptor data for the first device; the configuration controller selecting the second device from the plurality of appliances and/or from the plurality of sensors; the configuration controller producing the second descriptor data for the second device; the configuration controller loading data indicative of the ontology database from the memory; the configuration controller producing the relationship data by applying at least one of the rules of the set of rules of the ontology database to the first descriptor data and to the second descriptor data; the configuration controller selecting the third device from the plurality of site controllers based on the relationship data; the configuration controller producing the third set of configuration data based on the relationship data; the configuration controller transmitting the third set of configuration data to the third device using a digital communication bus and a digital communication protocol; and the third device applying the third set of configuration data, the third device thereafter using the third set of configuration data in operation of the third device (at least paragraph 37, 43-47, 77; building management platform with controller(s) performing [remainder of claim elements as disclosed and mapped in claim 1]).
As per Claim 11. The method according to claim 10, the memory storing data indicative of the building information model of the site, the method further comprises: the configuration controller loading the data indicative of the building information model of the site from the memory; the configuration controller producing the building information model of the site from the data indicative of the building information model of the site; and the configuration controller producing the relationship data indicative of a relationship between the first device and the second device by applying the building information model of the site and at least one of the rules of the set of rules of the ontology database to the first descriptor data and to the second descriptor data (at least paragraph 34, 43; building platform controller generates a building information model (BIM); the building management platform may ingest and interpret external data sources (e.g., BIM data, enterprise management data, personnel data, etc.), extract semantic information from external data sources, dynamically determine configuration information, automatically enrich digital representations with derived information, and/or generate digital representations for spaces).
As per Claim 12. The method according to claim 1, further comprising: the third device deriving a set of proportional and integral parameters from the third set of configuration data; and the third device thereafter using the set of proportional and integral parameters to perform site control (at least paragraph 36-38, 44, 60, 64, 67; ie. root cause analysis using machine learning model and using feedback).
Claim 13 does not, in substance, add or define any additional limitations over claim 1 and therefore is rejected for similar reasons, supra.
Response to Arguments
Applicant's arguments filed 14 May 2026 have been fully considered but they are not persuasive.
Regarding the response to the objections to the disclosure, Applicant has responded to some objections and not others and thus not fully responded to the objections nor the objection to the drawings which were a different issue than the disclosure objections. For instance, the abstract is clearly in the form and phraseology of a claim, and repeats the title, as well as the specification objection issue from the prior office actions of devices (11-23) and first device (11-23), that were amended in the specification but not abstract.
Regarding the specification objections, the arguments are not persuasive and only responsive to two of the three paragraphs/ issues that were presented. Further, while ‘is’ and ‘comprises’ are understood to have slightly different meanings, the specification is not claim language and the objection is directed toward much of the specification being written in substance, in claim form.
See section (j) of the content of specification: “The description should be as short and specific as is necessary to describe the invention adequately and accurately. Where elements or groups of elements, compounds, and processes, which are conventional and generally widely known in the field of the invention described, and their exact nature or type is not necessary for an understanding and use of the invention by a person skilled in the art, they should not be described in detail.”
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY TODD whose telephone number is (303)297-4763. The examiner can normally be reached 8:30-5 MST.
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/GREGORY TODD/Primary Examiner, Art Unit 2443