Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
The action is in response to the Applicant’s communication filed on 09/30/2025.
Claims 1-19 are pending, where claims 1, 8 and 14 are independent.
This application claims the priority benefit of the provisional application no. 63/338,188 filed on 05/04/2022 incorporated herein.
Response to Arguments
Applicant’s arguments, filed on 09/30/2025 have been fully considered but are moot in view of the new grounds of rejection in view of Desage, et al., USPGPub No. 2025/0180242 A1. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action.
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claims 1-19 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Keeling, et al. (USPGPub No. 20100211224 A1) in view of Desage, et al., USPGPub No. 2025/0180242 A1.
As to claim 1 (Currently Amended), Keeling discloses A method for monitoring and controlling an environment of an indoor space within a building (Keeling [0002-34] “HVAC - climate control, involves closely regulating humidity and temperature in order to maintain a comfortable, safe and healthy environment inside a building” [abstract] see Fig. 1-10), the method comprising:
obtaining a future weather data for an area where the building is located, the building including a heating, ventilation, and air conditioning (HVAC) system configured to control the environment within the indoor space (Keeling [abstract] “mathematical algorithms incorporated into a controller - determining control signals dependent on said mathematical algorithms and user programming integrates information from multiple sensors, thermostats as well as weather information - Smart-Stat algorithms programmed into the controller and enable the controller to identify user-determined set-points alongside data from one or multiple internal temperature sensors - user-determined set-points linked to time of day and day of week - mathematical algorithms identify suitable outside weather conditions - to call for ventilation instead of heating or cooling” [0002-34] “HVAC - climate control, involves closely regulating humidity and temperature in order to maintain a comfortable, safe and healthy environment inside a building - for ventilation and acceptable indoor air quality requires fresh air to be ventilated into a house or building to at least a minimum level - controller achieves a comfortable indoor setting by determining timing of switch points during continuous monitoring the indoor environment from one or multiple sensors includes thermostats and humidistats - capability of fresh air ventilation using a selectively operable damper and fan - controlled by a controller - outside air when temperatures below or above a certain limit” see Fig. 1-10, multiple sensors, thermostats, weather information, identify suitable outside weather conditions obviously provides obtaining a future weather data for an area);
[importing a utility rate schedule for electricity supplied to the building;]
receiving at least one of a current temperature and a current humidity within the indoor space; receiving at least one of a temperature range and a humidity range for the indoor space (Keeling [abstract] “mathematical algorithms incorporated into a controller - determining control signals dependent on said mathematical algorithms and user programming integrates information from multiple sensors, thermostats as well as weather information - Smart-Stat algorithms programmed into the controller and enable the controller to identify user-determined set-points alongside data from one or multiple internal temperature sensors - user-determined set-points linked to time of day and day of week - mathematical algorithms identify suitable outside weather conditions - to call for ventilation instead of heating or cooling” [0002-34] “regulating humidity and temperature in order to maintain a comfortable - controller achieves a comfortable indoor setting by determining timing of switch points during continuous monitoring the indoor environment from one or multiple sensors includes thermostats and humidistats - capability of fresh air ventilation using a selectively operable damper and fan - controlled by a controller - outside air when temperatures below or above a certain limit - programmable controller - Smart Thermostat system - to optimize the timing of use of fresh air based on current outside conditions in combination with data from weather forecasts - controls air-flow and HVAC in buildings by using mathematical algorithms that monitors regional weather forecasts in combination with current outside air monitoring - achieving optimal timing of HVAC combined with use of ambient air ventilation - to heating and cooling - Smart-Stat controller uses outside ventilation to achieve the desired result of providing a comfortable inside air temperature and quality against user-programmable set-points” see Fig. 1-10, multiple sensors, thermostats, weather information, regulating humidity and temperature, outside weather conditions obviously provides receiving current temperature and humidity, receiving temperature range and humidity range);
determining an operation schedule for the HVAC system [by using model-predictive- control (MPC)] for cost reduction based on at least the future weather data, the utility rate schedule, and the at least one of the temperature range and the humidity range and controlling operation of the HVAC system in accordance with the operation schedule (Keeling [0002-34] “regulating humidity and temperature in order to maintain a comfortable - controller achieves a comfortable indoor setting by determining timing of switch points during continuous monitoring the indoor environment from one or multiple sensors includes thermostats and humidistats - capability of fresh air ventilation using a selectively operable damper and fan - controlled by a controller - outside air when temperatures below or above a certain limit - programmable controller - Smart Thermostat system - to optimize the timing of use of fresh air based on current outside conditions in combination with data from weather forecasts - controls air-flow and HVAC in buildings by using mathematical algorithms that monitors regional weather forecasts in combination with current outside air monitoring - achieving optimal timing of HVAC combined with use of ambient air ventilation - to heating and cooling - Smart-Stat controller uses outside ventilation to achieve the desired result of providing a comfortable inside air temperature and quality against user-programmable set-points” [abstract] “controlled heating and cooling in order to reduce costs - optimizing the use of fresh air ventilation - mathematical algorithms incorporated into a controller - determining control signals - integrates information from multiple sensors, thermostats - weather information - Smart-Stat algorithms programmed into the controller - linked to time of day and day of week” see Fig. 1-10, fresh air ventilation using a selectively operable damper and fan, outside air when temperatures below or above a certain limit, programmable controller, mathematical algorithms integrates information to Smart-Stat algorithms programs (as model predictive control) to optimize the timing of use of fresh air based on outside conditions with weather forecasts, controls air-flow and using mathematical algorithms monitors regional weather forecasts and current outside air monitoring, achieving optimal timing and ambient air ventilation, heating and cooling, desired result of comfortable air temperature and quality, user-programmable set-points, regulating humidity and temperature obviously provides determining an operation schedule for the HVAC system [by using model-predictive-control (MPC)] for cost reduction based on at least the future weather data, the utility rate schedule, and the at least one of the temperature range and the humidity range and controlling operation of the HVAC system in accordance with the operation schedule).
However, Desage discloses importing a utility rate schedule for electricity supplied to the building (Desage [0203-265] “link equipment energy draw with utility billing rates and costs - controller device 100 determine a particular combination of control modules based one or more of the follow factors - scheduled occupancy or 24/7 facilities - Tariff structure - controller device 100 detects one or more user objectives 100 - determine an updated set of control modules 480 based on for the most recent user objectives, one or more forecasts, and the current conditions of the building 170 - tariff structure of the electricity - to reach the “desired outcome” of minimizing energy (kWh) which minimizes cost ($) - electric utility changes the tariff structure - time dependent rate - operating parameters of the building to minimize energy consumption and cost - control modules 480 implemented based on machine learning and neural network models” [abstract] [0003-33] see Fig. 1-14, schedule, tariff structure, link equipment energy draw with utility billing rates and costs to minimize energy consumption and cost obviously provides importing a utility rate schedule for electricity supplied to the building); and
by using model-predictive-control (MPC) for cost reduction (Desage [0056-116] “advanced data processing and/or artificial intelligence - deep learning techniques to provide predictive HVAC control - based on forecasted future outdoor environmental conditions and historic internal features or behaviors - to predict impact of current or anticipated environmental conditions on HVAC system operation and to control HVAC system operation” [0203-304] “control modules 480 include one or more of: temperature prediction, control sequence input generation, multiple competing control sequence input management, power control - controller device 100 determine a particular combination of control modules based one or more of the follow factors - scheduled occupancy or 24/7 facilities - operating parameters of the building to minimize energy consumption and cost - control modules 480 implemented based on machine learning and neural network models” [abstract] [0003-33] see Fig. 1-14, control modules based on machine learning and neural network models to forecast operating parameters of the building to minimize energy consumption and cost based on schedule, tariff structure, utility billing rates and costs obviously provides using model-predictive-control (MPC) for cost reduction).
Keeling and Desage are analogous arts from the same field of endeavor and contain overlapping structural and functional similarities and both contain HVAC controller.
Therefore, at the time the invention was made, it would have been obvious to a person of ordinary skill in the art to modify the above functionalities importing utility rate schedule for electricity using model-predictive-control, as taught by Keeling, and incorporating energy draw with utility billing rates and schedule to minimize consumption and cost using machine learning and neural network models, as taught by Desage.
As to claims 2, 9 and 15, the combination of Keeling and Desage disclose all the limitations of the base claims as outlined above.
The combination further discloses The method of claim 1, wherein the obtaining the future weather data for the area where the building is located further comprises: querying an online weather database to obtain the future weather data (Keeling [abstract] “mathematical algorithms incorporated into a controller - determining control signals dependent on said mathematical algorithms and user programming integrates information from multiple sensors, thermostats as well as weather information - Smart-Stat algorithms programmed into the controller and enable the controller to identify user-determined set-points alongside data from one or multiple internal temperature sensors - user-determined set-points linked to time of day and day of week - mathematical algorithms identify suitable outside weather conditions - to call for ventilation instead of heating or cooling” [0002-34] “HVAC - climate control, involves closely regulating humidity and temperature in order to maintain a comfortable, safe and healthy environment inside a building - for ventilation and acceptable indoor air quality requires fresh air to be ventilated into a house or building to at least a minimum level - controller achieves a comfortable indoor setting by determining timing of switch points during continuous monitoring the indoor environment from one or multiple sensors includes thermostats and humidistats - capability of fresh air ventilation using a selectively operable damper and fan - controlled by a controller - outside air when temperatures below or above a certain limit” see Fig. 1-10, multiple sensors, thermostats, weather information, identify suitable outside weather conditions obviously provides online weather database to obtain the future weather data).
As to claims 3, 10 and 16, Keeling further discloses The method of claim 1, wherein the receiving the at least one of the temperature range and the humidity range for the indoor space further comprises:
receiving a manual input on a computing device from an individual using a computer application to enter the at least one of the temperature range and the humidity range for the indoor space (Keeling [abstract] “mathematical algorithms incorporated into a controller - determining control signals dependent on said mathematical algorithms and user programming integrates information from multiple sensors, thermostats as well as weather information - Smart-Stat algorithms programmed into the controller and enable the controller to identify user-determined set-points alongside data from one or multiple internal temperature sensors - user-determined set-points linked to time of day and day of week - mathematical algorithms identify suitable outside weather conditions - to call for ventilation instead of heating or cooling” [0002-34] “regulating humidity and temperature in order to maintain a comfortable - controller achieves a comfortable indoor setting by determining timing of switch points during continuous monitoring the indoor environment from one or multiple sensors includes thermostats and humidistats - capability of fresh air ventilation using a selectively operable damper and fan - controlled by a controller - outside air when temperatures below or above a certain limit - programmable controller - Smart Thermostat system - to optimize the timing of use of fresh air based on current outside conditions in combination with data from weather forecasts - controls air-flow and HVAC in buildings by using mathematical algorithms that monitors regional weather forecasts in combination with current outside air monitoring - achieving optimal timing of HVAC combined with use of ambient air ventilation - to heating and cooling - Smart-Stat controller uses outside ventilation to achieve the desired result of providing a comfortable inside air temperature and quality against user-programmable set-points” see Fig. 1-10, multiple sensors, thermostats, weather information, regulating humidity and temperature, user-programmable set-points obviously provides receiving a manual input on a computing device from an individual using a computer application to enter the at least one of the temperature range and the humidity range for the indoor space).
As to claims 4, 11 and 17, Keeling further discloses The method of claim 1, wherein the controlling operation of the HVAC system in accordance with the operation schedule further comprises:
adjusting a blower of the HVAC system in accordance with the operation schedule (Keeling [0002-34] “HVAC - climate control, involves closely regulating humidity and temperature in order to maintain a comfortable, safe and healthy environment inside a building - for ventilation and acceptable indoor air quality requires fresh air to be ventilated into a house or building to at least a minimum level - controller achieves a comfortable indoor setting by determining timing of switch points during continuous monitoring the indoor environment from one or multiple sensors includes thermostats and humidistats - capability of fresh air ventilation using a selectively operable damper and fan - controlled by a controller - outside air when temperatures below or above a certain limit” [abstract] see Fig. 1-10, user setpoints, HVAC system, climate control, regulates humidity and temperature, maintain a comfortable, safe and healthy environment inside a building, ventilation and acceptable indoor air quality requires fresh air, controller determines timing of switch points, fresh air ventilation, selectively operable damper and fan, controlled by controller, when outside air temperatures below or above certain limit obviously provides adjusting a blower of the HVAC system in accordance with the operation schedule).
As to claims 5, 12 and 18, Keeling further discloses The method of claim 1, wherein the controlling operation of the HVAC system in accordance with the operation schedule further comprises:
adjusting an external outlet vent fan or an external inlet vent fan of the HVAC system in accordance with the operation schedule (Keeling [0002-34] “HVAC - climate control, involves closely regulating humidity and temperature in order to maintain a comfortable, safe and healthy environment inside a building - for ventilation and acceptable indoor air quality requires fresh air to be ventilated into a house or building to at least a minimum level - controller achieves a comfortable indoor setting by determining timing of switch points during continuous monitoring the indoor environment from one or multiple sensors includes thermostats and humidistats - capability of fresh air ventilation using a selectively operable damper and fan - controlled by a controller - outside air when temperatures below or above a certain limit” [abstract] see Fig. 1-10, user setpoints, HVAC system, climate control, regulates humidity and temperature, maintain a comfortable, safe and healthy environment inside a building, ventilation and acceptable indoor air quality requires fresh air, controller determines timing of switch points, fresh air ventilation, selectively operable damper and fan, controlled by controller, when outside air temperatures below or above certain limit obviously provides adjusting an external outlet vent fan or an external inlet vent fan of the HVAC system in accordance with the operation schedule).
As to claims 6, 13 and 19, Keeling further discloses The method of claim 1, wherein the controlling operation of the HVAC system in accordance with the operation schedule further comprises at least one of: turning on and off the HVAC system and controlling a flow of refrigerant in the HVAC system in accordance with the operation schedule (Keeling [abstract] “mathematical algorithms incorporated into a controller - determining control signals dependent on said mathematical algorithms and user programming integrates information from multiple sensors, thermostats as well as weather information - Smart-Stat algorithms programmed into the controller and enable the controller to identify user-determined set-points alongside data from one or multiple internal temperature sensors - user-determined set-points linked to time of day and day of week - mathematical algorithms identify suitable outside weather conditions - to call for ventilation instead of heating or cooling” [0002-34] “regulating humidity and temperature in order to maintain a comfortable - controller achieves a comfortable indoor setting by determining timing of switch points during continuous monitoring the indoor environment from one or multiple sensors includes thermostats and humidistats - capability of fresh air ventilation using a selectively operable damper and fan - controlled by a controller - outside air when temperatures below or above a certain limit - programmable controller - Smart Thermostat system - to optimize the timing of use of fresh air based on current outside conditions in combination with data from weather forecasts - controls air-flow and HVAC in buildings by using mathematical algorithms that monitors regional weather forecasts in combination with current outside air monitoring - achieving optimal timing of HVAC combined with use of ambient air ventilation - to heating and cooling - Smart-Stat controller uses outside ventilation to achieve the desired result of providing a comfortable inside air temperature and quality against user-programmable set-points” see Fig. 1-10, HVAC system, controller controls, fresh air ventilation using a selectively operable damper and fan, outside air when temperatures below or above a certain limit, programmable controller, Smart Thermostat to optimize the timing of use of fresh air based on current outside conditions in combination with data from weather forecasts, controls air-flow and using mathematical algorithms monitors regional weather forecasts and current outside air monitoring, achieving optimal timing and ambient air ventilation, heating and cooling, desired result of comfortable air temperature and quality, user-programmable set-points, regulating humidity and temperature obviously provides turning on and off the HVAC system and controlling a flow of refrigerant in the HVAC system in accordance with the operation schedule).
As to claim 7, Keeling further discloses The method of claim 1, further comprising: receiving current indoor air quality within the indoor space; receiving a desired indoor air quality for the indoor space; determining the operation schedule for the HVAC system based on at least the future weather data and the desired indoor air quality; and controlling operation of the HVAC system in accordance with the operation schedule (Keeling [0002-34] “HVAC - climate control, involves closely regulating humidity and temperature in order to maintain a comfortable, safe and healthy environment inside a building - for ventilation and acceptable indoor air quality requires fresh air to be ventilated into a house or building to at least a minimum level - controller achieves a comfortable indoor setting by determining timing of switch points during continuous monitoring the indoor environment from one or multiple sensors includes thermostats and humidistats - capability of fresh air ventilation using a selectively operable damper and fan - controlled by a controller - outside air when temperatures below or above a certain limit” [abstract] see Fig. 1-10, user setpoints, HVAC system, climate control, regulates humidity and temperature, maintain a comfortable, safe and healthy environment inside a building, ventilation and acceptable indoor air quality requires fresh air, controller determines timing of switch points, multiple sensor, thermostats and humidistats, fresh air ventilation, selectively operable damper and fan, controlled by controller, when outside air temperatures below or above certain limit obviously provides receiving current indoor air quality within the indoor space; receiving a desired indoor air quality for the indoor space; determining the operation schedule for the HVAC system based on at least the future weather data and the desired indoor air quality; and controlling operation of the HVAC system in accordance with the operation schedule).
As to the independent claims 8 and 14 (Currently Amended), the claims recite similar limitations as the independent claim 1 and rejected using same rational as stated above.
Citation of Pertinent Prior Art
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 2141.02 VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, i.e., as a whole and 2123.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art made of record:
Sikora, USPGPub No. 2020/0300494 A1 discloses a system for space conditioning based on weather information.
Nijhawan, et al. USPGPub No. 2012/0259470 A1 discloses a temperature control device for residential or commercial buildings receives current weather and forecast weather data from a national weather database and uses the information to efficiently control the temperature of a building.
Johnson, et al. USPGPub No. 2021/0356927 A1 discloses a temperature control system for heating, cooling and/or ventilating buildings and structures.
Gupta, et al. USPGPub No. 2022/0228756 A1 discloses a HVAC system of determining ventilation rates for an HVAC system.
Risbeck, et al. USPGPub No. 2023/0250988 A1 discloses a building management system to maintaining occupant health and safety by assessing and controlling aspects of air cleanliness and/or infection risk reduction in buildings.
Applicant’s amendments have been fully considered. The 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Md Azad whose telephone @(571)272-0553 or email: md.azad@uspto.gov. The examiner can normally be reached on Mon-Thu 9AM-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached on (571)272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Md Azad/
Primary Examiner, Art Unit 2119