DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Remarks
2. Claims 1-20 have been examined and rejected. This Office action is responsive to the amendment dated December 31, 2025.
Claim Rejections - 35 USC § 102
3. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
4. Claims 1, 4-8, 10, 12-14, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mermelstein et al (U.S. Patent No. 9,917,322).
4-1. Regarding claims 1 and 12, Mermelstein teaches the claim comprising: a sensor disposed within the enclosure of the HVAC&R system, wherein the sensor is configured to acquire data indicative of an environmental parameter value within the enclosure, by disclosing a variety of sensors that are either associated directly with various components of a Reversible Solid Oxide Fuel Cell (RSOFC) system, or are associated with fluid conduits, valves, electrical connections, etc. and that include sensors for pressure, temperature, flow rate, hydrogen presence, water content, etc. [column 7, line 64 to column 8, line 15] as well as sensors to monitor for a combustible environment [column 8, lines 42-48]. The system includes a variety of devices, such as an air compressor and a chiller [column 13, lines 44-47].
Mermelstein teaches a controller configured to: receive the data from the sensor, by disclosing that the sensors are coupled to provide sensor data to a master controller [column 7, line 67 to column 8, line 2; column 10, lines 15-23; column 12, lines 16-18].
Mermelstein teaches determine occurrence of a thermal event within the enclosure based on the data, by disclosing that based on received sensor data, the master controller can determine a state of the RSOFC system by applying a conditional logic algorithm [column 8, lines 61-65].
Mermelstein teaches instruct a circuit breaker of the HVAC&R system to transition to a fault configuration in response to determining the occurrence of the thermal event, by disclosing that the conditional logic algorithm of the master controller can shift the system into emergency stop mode, which opens a main circuit breaker of a power distribution box to the FSOFC system, thus cutting all power to the system, including power to sensors, etc. [column 10, lines 5-14]. The system includes a variety of devices, such as an air compressor and a chiller [column 13, lines 44-47]. The power distribution box may be interpreted as the circuit breaker in the claim, and includes a plurality of circuit breakers configured to selectively enable or block flow of a current to corresponding devices [column 12, line 63 to column 13, line 19].
4-2. Regarding claim 4, Mermelstein teaches all the limitations of claim 1, comprising the circuit breaker, wherein the circuit breaker is configured to monitor a magnitude of electric current directed through the circuit breaker to an electrical component of the HVAC&R system, and wherein the circuit breaker is configured to transition to an open circuit configuration to interrupt flow of electric current to the electrical component in response to the magnitude exceeding a threshold value, by disclosing that the power distribution box includes circuit breakers and/or switches for each portion of the electrical system, including the main circuit breaker and a line monitor, which monitors the voltage of the line to and from the power grid, and a common bus [column 12, line 63 to column 13, line 1]. The circuit breakers are configured to trip on overload condition [column 3, lines 10-19].
4-3. Regarding claim 5, Mermelstein teaches all the limitations of claim 4, wherein, in the open circuit configuration, the circuit breaker is configured to direct electric current from a power supply to the controller, by disclosing that the electrical subsystem has a connection from the power distribution box to a 24 volt DC power supply for powering the master controller [column 7, lines 4-12]. Since the power distribution box contains system circuit breakers configured to selectively enable or block flow of a current to corresponding devices of the RSOFC system [column 12, line 63 to column 13, line 19], a switch for one electrical device, such as a chiller [column 13, lines 41-47], may be in an open configuration due to an overload condition, while power may still be provided to the main controller [column 7, lines 4-12].
4-4. Regarding claim 6, Mermelstein teaches all the limitations of claim 5, wherein, in the fault configuration, the circuit breaker is configured to interrupt flow of electric current from the power supply to the controller and to interrupt flow of electric current to the electrical component, by disclosing that when the system shifts into emergency stop mode, the main circuit breaker of the power distribution box is opened, thus cutting all power to the system, including power to sensors, etc. [column 10, lines 5-14].
4-5. Regarding claim 7, Mermelstein teaches all the limitations of claim 6, comprising an indicator configured to provide a visual indication indicative of the occurrence of the thermal event in response to interruption of the flow of electric current to the controller, by disclosing that the master controller can include or be coupled to a computer terminal and/or a control panel for allowing user input and monitoring [column 7, lines 60-63],
4-6. Regarding claim 8, Mermelstein teaches all the limitations of claim 1, wherein the controller is configured to determine the occurrence of the thermal event in response to a determination that the data from the sensor is indicative of the environmental parameter value exceeding a threshold value, by disclosing that the various sensors of the FSOFC system indicates the status of the various components of the system, and based on the sensor input, the master controller can determine a state of the FSOFC system by applying the conditional logic algorithm [column 8, lines 61-65]. This includes events where detection of combustible gas above some threshold level [column 12, lines 22-27].
4-7. Regarding claim 10, Mermelstein teaches all the limitations of claim 1, wherein the controller is configured to transmit an alert message to an electronic device in response to determining the occurrence of the thermal event, by disclosing that the master controller is notified when an error or degraded condition is detected and takes appropriate action [column 12, lines 16-27]. The master controller can include or be coupled to a computer terminal and/or a control panel for allowing user input and monitoring [column 7, lines 60-63],
4-8. Regarding claim 13, Mermelstein teaches all the limitations of claim 12, wherein determining the occurrence of the thermal event comprises determining, via the controller, the occurrence of the thermal event based on the environmental parameter value exceeding a threshold value at an instance in time or based on the environmental parameter value exceeding the threshold value for a predetermined time interval, by disclosing that the various sensors of the FSOFC system indicates the status of the various components of the system, and based on the sensor input, the master controller can determine a state of the FSOFC system by applying the conditional logic algorithm [column 8, lines 61-65]. This includes events where detection of combustible gas above some threshold level [column 12, lines 22-27].
4-9. Regarding claim 14, Mermelstein teaches all the limitations of claim 12, wherein instructing the circuit breaker to transition to the fault configuration comprises causing, via the controller, the circuit breaker to interrupt a flow of electric current from a power supply to an electrical component disposed within the enclosure, by disclosing that when the system shifts into emergency stop mode, the main circuit breaker of the power distribution box is opened, thus cutting all power to the system, including power to sensors, etc. [column 10, lines 5-14].
4-10. Regarding claim 16, Mermelstein teaches the claim comprising: a circuit breaker configured to direct an electric current from a power supply to an electrical component disposed within an enclosure of the HVAC&R system, by disclosing a power distribution box includes that includes a plurality of circuit breakers configured to selectively enable or block flow of a current to corresponding devices [column 12, line 63 to column 13, line 19]. The devices include an air compressor and a chiller [column 13, lines 44-47].
Mermelstein teaches a sensor configured to acquire data indicative of an environmental parameter within the enclosure, by disclosing a variety of sensors that are either associated directly with various components of a Reversible Solid Oxide Fuel Cell (RSOFC) system, or are associated with fluid conduits, valves, electrical connections, etc. and that include sensors for pressure, temperature, flow rate, hydrogen presence, water content, etc. [column 7, line 64 to column 8, line 15] as well as sensors to monitor for a combustible environment [column 8, lines 42-48].
Mermelstein teaches a controller configured to: receive the data from the sensor, by disclosing that the sensors are coupled to provide sensor data to a master controller [column 7, line 67 to column 8, line 2; column 10, lines 15-23; column 12, lines 16-18].
Mermelstein teaches determine occurrence of a thermal event within the enclosure based on the data, by disclosing that based on received sensor data, the master controller can determine a state of the RSOFC system by applying a conditional logic algorithm [column 8, lines 61-65].
Mermelstein teaches instruct the circuit breaker to transition to a fault configuration to interrupt flow of the electric current to the electrical component in response to determining the occurrence of the thermal event, by disclosing that the conditional logic algorithm of the master controller can shift the system into emergency stop mode, which opens a main circuit breaker of a power distribution box to the FSOFC system, thus cutting all power to the system, including power to sensors, etc. [column 10, lines 5-14].
4-11. Regarding claim 17, Mermelstein teaches all the limitations of claim 16, wherein the circuit breaker is configured to transition to an open circuit configuration to interrupt the flow of the electric current to the electrical component in response to a magnitude of the electric current exceeding a threshold value, by disclosing that the power distribution box includes circuit breakers and/or switches for each portion of the electrical system, including the main circuit breaker and a line monitor, which monitors the voltage of the line to and from the power grid, and a common bus [column 12, line 63 to column 13, line 1]. The circuit breakers are configured to trip on overload condition [column 3, lines 10-19].
4-12. Regarding claim 18, Mermelstein teaches all the limitations of claim 17, wherein the circuit breaker is configured to direct an additional electric current from the power supply to the controller in the open circuit configuration, by disclosing that the electrical subsystem has a connection from the power distribution box to a 24 volt DC power supply for powering the master controller [column 7, lines 4-12]. Since the power distribution box contains system circuit breakers configured to selectively enable or block flow of a current to corresponding devices of the RSOFC system [column 12, line 63 to column 13, line 19], a switch for one electrical device, such as a chiller [column 13, lines 41-47], may be in an open configuration due to an overload condition, while power may still be provided to the main controller [column 7, lines 4-12].
Mermelstein teaches wherein the circuit breaker is configured to block flow of the additional electric current from the power supply to the controller in the fault configuration, by disclosing that when the system shifts into emergency stop mode, the main circuit breaker of the power distribution box is opened, thus cutting all power to the system, including power to sensors, etc. [column 10, lines 5-14].
4-13. Regarding claim 19, Mermelstein teaches all the limitations of claim 18, comprising an indicator configured to provide a visual indication indicative of the occurrence of the thermal event in response to interruption in the flow of the additional electric current to the controller, by disclosing that the master controller can include or be coupled to a computer terminal and/or a control panel for allowing user input and monitoring [column 7, lines 60-63],
4-14. Regarding claim 20, Mermelstein teaches all the limitations of claim 16, comprising an additional sensor configured to acquire additional data indicative of the environmental parameter within the enclosure, by disclosing a variety of sensors that are either associated directly with various components of the RSOFC system, or are associated with fluid conduits, valves, electrical connections, etc. and that include sensors for pressure, temperature, flow rate, hydrogen presence, water content, etc. [column 7, line 64 to column 8, line 15] as well as sensors to monitor for a combustible environment [column 8, lines 42-48].
Mermelstein teaches wherein the controller is configured to determine the occurrence of the thermal event in response to: the data from the sensor indicating that a value of the environmental parameter exceeds a threshold value; and the additional data from the additional sensor indicating that the value of the environmental parameter exceeds the threshold value, by disclosing that the various sensors of the FSOFC system indicates the status of the various components of the system, and based on the sensor input, the master controller can determine a state of the FSOFC system by applying the conditional logic algorithm [column 8, lines 61-65]. This includes events where detection of combustible gas above some threshold level [column 12, lines 22-27].
Claim Rejections - 35 USC § 103
5. 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.
6. Claims 2-3, 9, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Mermelstein et al (U.S. Patent No. 9,917,322) in view of Kates (Pub. No. US 2015/0061877).
6-1. Regarding claim 2, Mermelstein teaches all the limitations of claim 1. Although Mermelstein discloses including a variety of sensors that are either associated directly with various components of the RSOFC system [column 7, line 64 to column 8, line 15] and that the master controller is coupled to the actuators for various power-operated valves, vents, pumps, sensors, compressors, blowers, chillers, and other devices throughout the RSOFC plant [column 13, line 66 to column 14, line 8], Mermelstein does not expressly teach wherein the data comprises a concentration of carbon monoxide within the enclosure. Kates discloses maintaining and protecting a building by providing a sensor unit that includes at least one sensor configured to measure an ambient condition and a controller, the controller configured to receive instructions, to report a notice level when the controller determines that data measured by the at least one sensor fails a report threshold test corresponding to a report threshold value [paragraph 7]. The at least one sensor includes a carbon monoxide sensor and a smoke sensor [paragraph 55]. A controller receives sensor data from the sensor and evaluates the sensor data by comparing the data value to a threshold value, and if the data is outside the threshold, the data is deemed to be anomalous, and is transmitted to a base unit [paragraph 56]. This would allow the system to monitor potentially dangerous or costly conditions. Since Mermelstein discloses using sensors to evaluate the condition of the RSOFC system so that action can be taken when a critical error is detected to protect the system, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to monitor carbon monoxide, as taught by Kates. This would help provide a safer system by allowing the system to monitor such potentially dangerous or costly conditions so that actions can be taken.
6-2. Regarding claim 3, Mermelstein teaches all the limitations of claim 1. Although Mermelstein discloses including a variety of sensors that are either associated directly with various components of the RSOFC system [column 7, line 64 to column 8, line 15] and that the master controller is coupled to the actuators for various power-operated valves, vents, pumps, sensors, compressors, blowers, chillers, and other devices throughout the RSOFC plant [column 13, line 66 to column 14, line 8], Mermelstein does not expressly teach wherein the data comprises a concentration of particulate matter suspended in air within the enclosure. Kates discloses maintaining and protecting a building by providing a sensor unit that includes at least one sensor configured to measure an ambient condition and a controller, the controller configured to receive instructions, to report a notice level when the controller determines that data measured by the at least one sensor fails a report threshold test corresponding to a report threshold value [paragraph 7]. The at least one sensor includes a carbon monoxide sensor and a smoke sensor [paragraph 55]. A controller receives sensor data from the sensor and evaluates the sensor data by comparing the data value to a threshold value, and if the data is outside the threshold, the data is deemed to be anomalous, and is transmitted to a base unit [paragraph 56]. This would allow the system to monitor potentially dangerous or costly conditions. Since Mermelstein discloses using sensors to evaluate the condition of the RSOFC system so that action can be taken when a critical error is detected to protect the system, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to monitor particulate matter suspended in the air, as taught by Kates. This would help provide a safer system by allowing the system to monitor such potentially dangerous or costly conditions so that actions can be taken.
6-3. Regarding claim 9, Mermelstein teaches all the limitations of claim 1. Mermelstein does not expressly teach wherein the controller is configured to determine the occurrence of the thermal event in response to a determination that the data from the sensor is indicative of the environmental parameter value exceeding a threshold value for a predetermined time interval. Kates discloses maintaining and protecting a building by providing a sensor unit that includes at least one sensor configured to measure an ambient condition and a controller, the controller configured to receive instructions, to report a notice level when the controller determines that data measured by the at least one sensor fails a report threshold test corresponding to a report threshold value [paragraph 7]. The sensor indicates an alarm condition when the sensor reading rises above the threshold value for a specified period of time [paragraph 11]. This would allow the system to monitor potentially dangerous or costly conditions. Since Mermelstein discloses using sensors to evaluate the condition of the RSOFC system so that action can be taken when a critical error is detected to protect the system, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an alarm condition when sensor data rises above a threshold value for a specified period of time, as taught by Kates. This would help provide a safer system by allowing the system to monitor such potentially dangerous or costly conditions so that actions can be taken.
6-4. Regarding claim 15, Mermelstein teaches all the limitations of claim 12. Although Mermelstein discloses including a variety of sensors that are either associated directly with various components of the RSOFC system [column 7, line 64 to column 8, line 15] and that the master controller is coupled to the actuators for various power-operated valves, vents, pumps, sensors, compressors, blowers, chillers, and other devices throughout the RSOFC plant [column 13, line 66 to column 14, line 8], Mermelstein does not expressly teach wherein acquiring the data comprises monitoring, via the one or more sensors, a first concentration of carbon monoxide within the enclosure, a second concentration of particulate matter suspended in air within the enclosure, or both. Kates discloses maintaining and protecting a building by providing a sensor unit that includes at least one sensor configured to measure an ambient condition and a controller, the controller configured to receive instructions, to report a notice level when the controller determines that data measured by the at least one sensor fails a report threshold test corresponding to a report threshold value [paragraph 7]. The at least one sensor includes a carbon monoxide sensor and a smoke sensor [paragraph 55]. A controller receives sensor data from the sensor and evaluates the sensor data by comparing the data value to a threshold value, and if the data is outside the threshold, the data is deemed to be anomalous, and is transmitted to a base unit [paragraph 56]. This would allow the system to monitor potentially dangerous or costly conditions. Since Mermelstein discloses using sensors to evaluate the condition of the RSOFC system so that action can be taken when a critical error is detected to protect the system, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to monitor carbon monoxide and particulate matter suspended in the air, as taught by Kates. This would help provide a safer system by allowing the system to monitor such potentially dangerous or costly conditions so that actions can be taken.
7. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Mermelstein et al (U.S. Patent No. 9,917,322) in view of Wright et al (U.S. Patent No. 10,965,488).
7-1. Regarding claim 11, Mermelstein teaches all the limitations of claim 1. Mermelstein does not expressly teach wherein the sensor comprises: a housing; and a magnet coupled to the housing, wherein the magnet is configured to enable removable mounting of the sensor to the enclosure. Wright discloses monitoring a property using a system of sensor units that can interface with respective utilities generated by appliances on the premises with a minimal of effort [column 1, line 63 to column 2, line 2]. Sensors are used to monitor environmental factors such as temperature, pressure, and air quality [column 7, lines 15-22]. The sensors are detachably coupled to a surface using internally placed magnets [column 9, lines 3-5]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide sensors having magnets, as taught by Wright. This would allow the sensors to be quickly coupled to the monitored appliance/panel in a simple way.
Response to Arguments
8. The Examiner acknowledges the Applicant’s amendments to claim 1.
Regarding independent claim 1, Applicant alleges that Mermelstein et al (U.S. Patent No. 9,917,322) fails to disclose a sensor disposed within an enclosure of an HVAC&R system, as has been amended to the claim, because the variety of sensors of Mermelstein are disclosed as associated with various components of the RSOFC system 100, and not disposed within an enclosure of an air compressor or a chiller associated with the compressor system 120 (i.e., the alleged “HVAC&R system”).
Contrary to Applicant’s arguments, because the RSOFC system 100 of Mermelstein comprises an air compressor and chiller [column 13, lines 44-47], as well as other elements of a traditional HVAC&R system, such as a heater [column 4, lines 60-63], vents [column 4, lines 60-63; column 5, lines 14-17], an exhaust fan [column 13, lines 46-47], and an air blower and cooling system [column 14, lines 8-11], that are used to control temperature and allow the RSOFC system 100 to control heating [column 10, lines 54-57] and cooling of the system [column 9, lines 33-35], the RSOFC system 100 may be considered a HVAC&R system. The RSOFC system 100 is housed within a plant to provide power to the various components, including sensors, of the plant [column 13, line 54 to column 14, line 14]. Thus, Mermelstein teaches a sensor disposed within an enclosure of an HVAC&R system.
Applicant alleges that Mermelstein does not expressly teach a controller configured to determine occurrence of a thermal event within the enclosure based on the data” because it is unclear how Mermelstein’s generic disclosure of determining a state of the RSOFC system 100 is equivalent to a controller configured to determine an occurrence of a thermal event within an enclosure of an HVAC&R system.
Contrary to Applicant’s arguments, as discussed above, the RSOFC system 100 of Mermelstein is interpreted as the HVAC&R system, and is housed within a plant. Mermelstein discloses that the RSOFC system includes a variety of sensors to provide sensor data to a master controller [column 7, line 67 to column 8, line 2; column 10, lines 15-23; column 12, lines 16-18]. Based on received sensor data, the master controller can determine a state of the RSOFC system by applying a conditional logic algorithm [column 8, lines 61-65]. Such a state includes detection of a combustible environment (i.e., a hydrogen leak) and gas concentrations at some level relative to a combustibility limit [column 9, lines 46-57]. This may be considered a thermal event. Thus, Mermelstein teaches a controller configured to determine occurrence of a thermal event within the enclosure based on the data.
Similar arguments have been presented for independent claims 12 and 16 and thus, Applicant’s arguments are not persuasive for the same reasons.
Applicant states that dependent claims 2-11, 13-15, and 17-20 recite all the limitations of the independent claims, and thus, are allowable in view of the remarks set forth regarding independent claims 1, 12, and 16. However, as discussed above, Mermelstein is considered to teach claims 1, 12, and 16, and consequently, claims 2-11, 13-15, and 17-20 are rejected.
Conclusion
9. 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 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.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALVIN H TAN whose telephone number is (571)272-8595. The examiner can normally be reached M-F 10AM-6PM.
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, Scott Baderman can be reached at 571-272-3644. 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.
/ALVIN H TAN/Primary Examiner, Art Unit 2118