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 .
1. Claims 1-7, 9-17 and 19-20 are presented for examination and claims 8 and 18 are cancelled.
Response to Amendment/Response to Arguments
2. Applicant’s arguments with respect to amended limitation of claims 1 and 12 have been considered and the rejection under 102 has been withdrawn in light of the amendment made.
Applicant argues regard to the cancelled claims 8 and 18, as incorporated to independent claims 1 and 12, with different variation, that Ricci fails to disclose identifying an occupant in the building; and obtaining prioritization rankings associated with the occupant in the building and the occupant of vehicle, wherein: the HVAC setting is defined based on a selected occupant having a higher prioritization ranking from among the occupant of the vehicle and the occupant of the building.
However, examiner disagrees since Ricci clearly discloses the limitations of claims 8 and 18, as state the office action, identifying an occupant in the building (Abstract, [0008], [0116], [0509], The occupant identification module 2178 can identify occupants within the home; receive information from the home automation system such as a presence of occupants in a home); and obtaining prioritization rankings associated with the occupant in the building and the occupant of vehicle ([0018], [0037], [0043], [0434], a first priority of the first identified vehicle occupant and a second priority of the second identified vehicle occupant; when the first priority is greater than the second priority, generating, by the microprocessor executable home automation module, commands to implement the at least one setting of the first identified vehicle occupant; and when the second priority is greater than the first priority, (higher priority ranking) generating, by the microprocessor executable home automation module, commands to implement the at least one setting of the second identified vehicle occupant), wherein: the HVAC setting is defined based on a selected occupant having a higher prioritization ranking from among the occupant of the vehicle and the occupant of the building ([0008], [0018], [0430], [0434], [0603], he priority stored in portion 1260 may stipulate which user's home automation settings have priority in the event of a conflict. Still further, when there is a conflict between a first vehicle occupant identified as a driver located in the driver's seat (zone A 512A of area 1 508A) and second vehicle occupant identified as a passenger located in any of zone B 512B through zone N 512N, the home automation settings of the driver may have priority over the home automation settings of the other identified user).
In addition, applicant amended independent claims 1 and 12. As a result, the previous rejection has been withdrawn and a new rejection, Ricci (US 20140309789 A1) in view of Boyd et al. (US 20200133218 A1), has been made in its place. The combination refence rendering the instant limitations unpatentable, See the rejection below.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
3. 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.
3.1 Claim(s) 1, 3-7, 9-12, 14-17 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ricci (US 20140309789 A1) in view of Boyd et al. (US 20200133218 A1).
Regarding claims 1 and 12, Ricci discloses a method/system for controlling heat, ventilation, and air conditioning (HVAC) of a building by a vehicle system (vehicle system 200) associated with a vehicle (vehicle 104), ([0007], [0525], controlling a home automation system by a vehicle control system of a vehicle), the method comprising:
identifying an occupant of the vehicle (The user 216) by the vehicle system ([0017], a vehicle control system, comprising: identify at least one occupant of the vehicle);
detecting whether a destination of the vehicle having the occupant is the building ([0019], [0022], [0042], [0484], [0596]-[0597], determine that a destination of the vehicle is one of a plurality of home locations of the at least one identified vehicle occupant. The home automation module 2304 monitors the position of the vehicle and can detect a destination of the vehicle 104);
identifying an occupant in the building using data from a sensor in the building ([0015], [0025], [0030], [0036], identifying the at least one vehicle occupant comprises: identifying facial features associated with the at least one vehicle occupant via at least one image sensor; determining whether the identified facial features associated with the at least one vehicle occupant match user characteristics stored in a memory) in response to the destination being the building ([0017], [0042], send the first set of commands to the home automation system when the vehicle is a first distance from the home location; and send the second set of commands to the home automation system when the vehicle is a second distance from the home location, wherein the first distance is greater than the second distance);
determining a selected occupant among the occupant of the vehicle and the occupant of the building using an occupant prioritization ranking ([0019], [0603], [0603] The method 2500 can be used by the home automation module 2304 to activate settings of a home automation system 2004 for more than one identified user in the vehicle 104 travelling to a home location 2424. Thus, in step 2560 the home automation module 2304 can prepare (or generate) and determine when to send commands to the home automation system 2004 to activate or deactivate components of the home automation system for multiple identified users within the vehicle 104. If there is a conflict between the home automation settings 2004 of two or more identified users for one or more of the components of the home automation system 2004, the home automation module 2304 may determine which users' home automation settings in data structure 2400 to send based on the priority stored in portion 1260 of data structure 1200. The priority stored in portion 1260 may stipulate which user's home automation settings have priority in the event of a conflict. Still further, when there is a conflict between a first vehicle occupant identified as a driver located in the driver's seat (zone A 512A of area 1 508A) and second vehicle occupant identified as a passenger located in any of zone B 512B through zone N 512N, the home automation settings of the driver may have priority over the home automation settings of the other identified user);
obtaining a desired HVAC setting associated with the selected occupant having a higher prioritization ranking from among the occupant of the vehicle and the occupant of the building ([0430], [0434], [0603], activate settings of a home automation system 2004 for more than one identified user in the vehicle 104 travelling to a home location 2424. Thus, in step 2560 the home automation module 2304 can prepare (or generate) and determine when to send commands to the home automation system 2004 to activate or deactivate components of the home automation system for multiple identified users within the vehicle 104. If there is a conflict between the home automation settings 2004 of two or more identified users for one or more of the components of the home automation system 2004, the home automation module 2304 may determine which users' home automation settings in data structure 2400 to send based on the priority stored in portion 1260 of data structure 1200. The priority stored in portion 1260 may stipulate which user's home automation settings have priority in the event of a conflict. Still further, when there is a conflict between a first vehicle occupant identified as a driver located in the driver's seat (zone A 512A of area 1 508A) and second vehicle occupant identified as a passenger located in any of zone B 512B through zone N 512N, the home automation settings of the driver may have priority over the home automation settings of the other identified user),
defining an HVAC setting for an HVAC system of the building based on the desired HVAC setting associated with the occupant of the vehicle and a HVAC-occupant control algorithm (Abstract, [0008], [0019], [0574], [0577], the home automation module can send commands to activate, deactivate, and/or change settings of one or more features of the home automation system, for example, thermostat based on user profile information, identified vehicle occupant); and
transmitting, by the vehicle system, an HVAC building message to the HVAC system of the building to control the HVAC system of the building, wherein the HVAC message includes the HVAC setting for the HVAC system of the building ([0573], [0577], sensors 242 within the vehicle 104 may be able to determine the temperature of the user 216. Thus, if the home automation module 2304 determines that the user 216 has a temperature that is elevated compared to health data in portion 1218 of data structure 1200, the home automation module 2304 may send a command to lower the thermostat 2040 to cool the home below a temperature stored in portion 2440).
Ricci discloses the control the thermostat or any electronic device at the building depend on the prioritization ranking, as state above, but fails to disclose the high prioritization in the ranking.
However, Boyd discloses operating the desired HVAC setting associated with the high prioritization in the racking [0006], [0007], [0026], [0057], a heating, ventilation, and/or air conditioning (HVAC) system including a controller configured to detect a presence of a plurality of occupants in a zone of a plurality of zones, determine a priority level of each occupant of the plurality of occupants, and determine a priority occupant of the plurality of occupants having a highest priority level among the plurality of occupants. The controller is also configured to control operation of the HVAC system to prioritize supply of conditioned air to the zone of the plurality of zones based on a preferred climate setting of the priority occupant.
Boyd and Ricci are analogous art. They relate to communication among the buildings, vehicle and equipment.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify determine a priority level of the occupant and control operation of the HVAC system, taught by Boyd, incorporated with a vehicle control system configuring features of a home automation system, taught by Ricci, in order to enhance an operational efficiency of the HVAC system and reduce an operational cost of the HVAC system.
Regarding claims 3 and 14, Ricci discloses the HVAC setting defines a temperature setting, a humidity setting, a fan setting, or a combination thereof (0577], a command to lower the temperature setting of the thermostat of the home location 2000).
Regarding claims 4 and 15, Ricci discloses determining a potential stay duration of the occupant of the vehicle at the building based on a schedule associated with the occupant identified in the vehicle ([0514], [0538], [0577], The occupant detection module 2174 and/or the occupant monitoring module 2182 can determine a number of occupants at the home, a location of the occupants within the home by monitoring the movement of the occupant with one or more sensors 2064-2080, a health status of the occupants, and a length of time each occupant has been in the home. The occupant interaction module 2186 may assign an estimated departure time to an occupant. The estimated departure time can be entered into the home automation system 2004 by a departing occupant, or be determined based on a schedule of the occupant stored in an electronic device that is connected to the network 2012 or a schedule on a device that is otherwise accessible by the computer system 2008 of the home automation system 2004), wherein the HVAC setting is further defined based on the potential stay duration ([0577], The home automation module 2304 can make determination after considering the user's schedule to send a command to lower the temperature setting of the thermostat of the home location 2000).
Regarding claims 5 and 16, Ricci discloses controlling the HVAC of the building based on the HVAC message from the vehicle by the HVAC system ([0116],[0525], [0572], [0573], The settings can be transferred by a user from vehicle-to-vehicle, from communication device-to-communication device, from building-to-vehicle, vehicle-to-building, and/or combinations thereof. When the vehicle is returning to the home 2000, the home automation module 2304 of the vehicle control system 204 can access the thermostat settings 2440 and send a command to change the thermostat 2040 to an occupied setting).
Regarding claim 6, Ricci discloses the building is defined into a plurality of zones that are independently controllable from one another ([0486] The interior features 2016A are illustrated in FIG. 20B and may be located by a position in a floor 2020 and/or room 2024 of a home. Interior features 2016A can also be located by a position in one or more zones 2028, such as public areas (including hallways, stairs, etc.) and utility areas (for example, furnace rooms, utilities rooms, and the like), and
the HVAC setting identifies a zone from among the plurality of zones and defines a temperature setting for the zone based on a user profile associated with the occupant of the vehicle ([0116], [0580], Fig. 12A-12D, home automation system 2004 in a home 2000 with multiple floors 2020 and zones 2028, the thermostat setting 2440 can include instructions to change the thermostat in one or more zones 2028, floors 2020, and/or one or more rooms 2024. if a first bedroom and family room are occupied and a thermostat 2040 is set to a home setting for those rooms, but a second bedroom associated with the user has a thermostat 2040 set to an away temperature, the home automation module 2304 can send a command directing the home automation system to change the second bedroom thermostat 2040 to a home temperature setting).
Regarding claims 7 and 17 Ricci discloses the building is defined into a plurality of zones that are independently controllable from one another ([0564],[0580], a home automation system 2004 in a home 2000 with multiple floors 2020 and zones 2028, the thermostat setting 2440 can include instructions to change the thermostat in one or more zones 2028, floors 2020, and/or one or more rooms 202), and one of the zones is a garage of the building (0484], when the vehicle 104 returns to or enters a specific area (e.g., a parking area, a garage, car port, designated space, region from the home, range from the home, distance from a wireless access point, etc.), wherein the method further comprises:
detecting the vehicle in the garage ([Fig. 20A, [0484], the vehicle 104 may synchronize with the home automation system 2004 when the vehicle 104 returns to or enters a specific area (e.g., a parking area, a garage, car port, designated space, region from the home, range from the home, distance from a wireless access point, etc.); and
controlling a temperature of the garage based on a current temperature of the garage in response to the vehicle being detected in the garage ([0572]-[0580], When the vehicle is returning to the home 2000, the home ([0484], when the vehicle 104 returns to or enters a specific area (e.g., a parking area, a garage, car port, designated space, region from the home, range from the home, distance from a wireless access point, etc.) automation module 2304 can access the thermostat settings 2440 and send a command to change the thermostat 2040 to an occupied setting. The occupied setting may include setting the thermostat 2040 to heat the home to 70. degree. F. or cool the home to 75. degree. F., or any other temperature set by a user. The thermostat setting 2440 may further include a setting to change the thermostat from the away setting to the occupied setting when the car 104 is at a particular distance from the home or a period of time before the predicted arrival of the vehicle 104 at the home to enable the environmental controls to achieve the desired temperature).
Regarding claims 9 and 19, Ricci discloses the identifying the occupant of the vehicle by the vehicle system ([0017], a vehicle control system, comprising: identify at least one occupant of the vehicle); further comprises:
obtaining images of a passenger cabin of the vehicle by an interior vision system of the vehicle ([0015], [0025, [0082], identifying the at least one vehicle occupant comprises: identifying facial features associated with the at least one vehicle occupant via at least one image sensor);
determining that the occupant is in the passenger cabin using an image processing software application (0101], [0310], detecting the user via at least one image sensor associated with the vehicle by the microprocessor executable destination coordination module); and
identifying the occupant as a registered user selected from among a set of registered users associated with the vehicle ([0015], [0017], [0229], [230], the identified facial features associated with the at least one vehicle occupant match user characteristics stored in a memory; determining whether the identified facial features associated with the at least one vehicle occupant match user characteristics stored in a memory access an account of the at least one identified vehicle occupant, the account defining at least one home location for the identified vehicle occupant).
Regarding claim 10, Ricci discloses estimating, by the vehicle system, a travel time to the building in response to the destination being the building, wherein the HVAC building message includes the travel time ([0019], [0228], travel information, associated vehicle preferences, communication preferences, historical information (e.g., including historical, current, and/or future travel destinations; and the microprocessor sends a first set of commands to the home automation system at a first time and a second set of commands to the home automation system at a second time. Aspects of the above system include wherein the microprocessor sends the first set of commands to the home automation system when the vehicle is a first distance from the home location, wherein the microprocessor sends the second set of commands when the vehicle is a second distance from the home location).
Regarding claims 11 and 20, Ricci discloses the HVAC-occupant control algorithm the ([0029], microprocessor executable home automation system) defines the HVAC setting based on at least one of:
a travel time of the vehicle to the building, a desired HVAC setting of an occupant at the building, a potential stay duration of the occupant of the vehicle at the building, an energy rate of electric power from a power grid, or a vehicle HVAC setting of the vehicle ([0017], [0019], [0029], [00228], generate a first set of commands and a second set of commands to implement the arrival settings; send the first set of commands to the home automation system when the vehicle is a first distance from the home location; and send the second set of commands to the home automation system when the vehicle is a second distance from the home location, wherein the first distance is greater than the second distance).
3.2 Claim(s) 2 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ricci US 20140309789 A1) in view of Boyd et al. (US 20200133218 A1) further in view of Ruiz et al. (US 20110204720 A1).
Regarding claims 2 and 13, Ricci and Boyd disclose the limitation of claim 1, in addition, Ricci discloses the limitation of claim 2 and 3, the occupant of the building includes the occupant identified in the vehicle (Abstract, [0116], [0509], The occupant identification module 2178 can identify occupants within the home; receive information from the home automation system such as a presence of occupants in a home,
However, the combination of Ricci and Boyd fail to disclose detecting that the vehicle is electrically connected to a power terminal of the building, selectively controlling the HVAC system of the building using electric power from the vehicle based on an occupant of the building in response to a power state of a battery of the vehicle being greater than or equal to a power threshold for providing the electric power to the building; and controlling the HVAC system of the building using electric power from power grid in response to the power state of the battery being less than the power threshold.
Ruiz discloses detecting that the vehicle is electrically connected to a power terminal of the building ([0046], battery packs 38 in vehicle 36 may receive electrical power from power utility 24 through an electric power grid 40 and charging stations 42 (FIGS. 1A, 1B, and 1C) disposed at residential building 28);
selectively controlling the HVAC system of the building using electric power from the vehicle based on an occupant of the building in response to a power state of a battery of the vehicle being greater than or equal to a power threshold for providing the electric power to the building ( [0046], [0057], [0059], [0063], [0075], HEMS 26 is configured to rely on vehicle and stationary batteries 38 and 46 for backup power to heating and air conditioning. The residential building 28 having vehicle to building (V2B) 102 and battery to building (B2B) 101 electricity transfers); and
controlling the HVAC system of the building using electric power from power grid in response to the power state of the battery being less than the power threshold ([0075], If home loads 204 (household appliances, heating and air conditioning systems, and many other electrical devices) demand additional power, then electricity manager 210 may control 248 residential power distribution system 200 to use grid power 220 to power home loads 204).
Boyd, Ricci and Ruiz are analogous art. They relate to communication between the buildings and vehicle and equipment.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify energy demand and supply for buildings, vehicles, and equipment, taught by Ruiz, incorporated with teaching of Boyd and Ricci, as state above, in order to reduce demand on the power utility during periods of high demand and/or provide energy back to the power utility to meet demand
Conclusion
4. 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.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed Kidest Worku whose telephone number is 571-272-3737. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ali Mohammad 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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/KIDEST WORKU/Primary Examiner, Art Unit 2119