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 1-3, 5-7, 9-14, 16-17 and 19-20 are presented for examination and claims 4, 8, 15 and 18 are cancelled.
Continued Examination Under 37 CFR 1.114
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/19/2026 has been entered.
Response to Amendment/Response to Arguments
3. Applicant’s arguments, see page 8-10, filed 6/19/2026 with respect to the rejection(s) of claim(s) 1 and 12 under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Venkatesh et al. (US 20220214063 A1).
Applicant’s arguments the combination of Ricci and Royd fail to discloses amended limitation, 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, setting the HVAC setting to the desired HVAC setting in response to the potential stay duration being greater than a stay threshold, and setting the HVAC setting to a value different from that of the desired HVAC setting in response to the potential stay duration betting less than or equal to the stay threshold of claims 1 and 12.
Applicant’s argument is persuasive, thus, previous rejection under 103 has been withdrawn and a new rejection has been made in its place, Ricci (US 20140309789 A1) in view of Venkatesh et al. (US 20220214063 A1).
I. Venkatesh discloses wherein the HVAC-occupant control algorithm (Abstract, [0029], a heating, ventilation, and air conditioning (HVAC) control device generate a machine learning model 112 for predicting an occupancy schedule and/or a set point temperature schedule for the space 122) include:
determining a potential stay duration ([0005], the HVAC system by enabling the HVAC system to predict when a user will be present or away so that the HVAC system) of the occupant of the vehicle ([0029], devices 108 include, but are not limited to, computers, mobile devices (e.g. smart phones or tablets), user devices, Internet-of-things (IoT) devices, home automation devices, artificial intelligence (AI) devices, motion sensors, proximity sensors, or any other suitable type of device) at the building ([00028], a space 122 include, but are not limited to, a room, a home, an office, or a building) based on a schedule (the predicted occupancy schedule 110) associated with the occupant identified in the vehicle ([0029], user input from user device),
II. Venkatesh discloses setting the HVAC setting to a desired HVAC setting (a set point temperature 120), in response to the potential stay duration being greater than a stay threshold ([0005], the HVAC system by enabling the HVAC system to predict when a user will be present or away so that the HVAC system can adjust a set point temperature to provide energy saving benefits and reduce the wear on the system's components. Par. [0006], the device may update a predicted occupancy schedule to increase a cooling set point temperature to reduce the amount of energy consumed by the HVAC system. The device may use historical information for a user which allows the device to select a suitable set point temperature that reduces energy consumption while keeping the user comfortable).
III. Venkatesh discloses in setting the HVAC setting to a value different from that of the desired HVAC setting in response to the potential stay duration betting less than or equal to the stay threshold Abstract, the HVAC control device configured to receive a user input (equivalent to the identifying an occupant of the vehicle or proxy sensor) for controlling an HVAC system (setting), to determine whether the user input indicates an energy saving occupancy setting, and to identify a first plurality of time entries that are associated with a confidence level for a predicted occupancy status (present or away) that is less than a predetermined threshold value in the predicted occupancy schedule. Par. [0005], The device can use the predicted occupancy schedule to control the HVAC system to provide energy savings by adjusting the set point temperature while the homeowner is away).
Therefore, the combination of Ricci (US 20140309789 A1) in view of Venkatesh et al. (US 20220214063 A1) 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.
4. 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.
4.1 Claim(s) 1, 3, 5-7, 9-12, 14, 16-17 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ricci (US 20140309789 A1) in view of Venkatesh et al. (US 20220214063 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], determines that the 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 the destination of the vehicle 104);
obtaining a desired HVAC setting associated with the occupant in response to the destination being the building ([0430], [0434], [0603], 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 fails to discloses wherein the a HVAC-occupant control algorithm include: 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, setting the HVAC setting to the desired HVAC setting in response to the potential stay duration being greater than a stay threshold, and setting the HVAC setting to a value different from that of the desired HVAC setting in response to the potential stay duration betting less than or equal to the stay threshold.
Venkatesh discloses wherein the HVAC-occupant control algorithm (Abstract, [0029], a heating, ventilation, and air conditioning (HVAC) control device; the controller 102 is configured to collect event data 114 from one or more devices 108 to generate a machine learning model 112 for predicting an occupancy schedule and/or a set point temperature schedule for the space 122) include:
determining a potential stay duration of the occupant of the vehicle ([0029], devices 108 include, but are not limited to, computers, mobile devices (e.g. smart phones or tablets), user devices, Internet-of-things (IoT) devices, home automation devices, artificial intelligence (AI) devices, motion sensors, proximity sensors, or any other suitable type of device) at the building based on a schedule (the predicted occupancy schedule 110) associated with the occupant identified in the vehicle [0029], ([0004]-[0005], predicted occupancy schedule by setting the second plurality of time entries to a present status when the user input indicates a conservative energy saving occupancy setting; generate a predicted occupancy schedule that predicts whether a home owner will be home or away at various times of the day).
setting the HVAC setting to a desired HVAC setting (a set point temperature 120), in response to the potential stay duration being greater than a stay threshold ([0004]-[0006], [0029]-[0030], The controller 102 may adjust occupancy statuses 118 and/or set point temperature values 120 in the predicted occupancy schedule 110 to improve energy saving benefits; periodically compare predicted occupancy statuses and set point temperatures to actual occupancy statuses and set point temperatures to determine how accurately a predicted occupancy schedule follows the actual behavior of a user); and
setting the HVAC setting to a value different from that of the desired HVAC setting in response to the potential stay duration betting less than or equal to the stay threshold (Abstract, [0049], [0029]-[0031], [0068], Fig. 11, the user input indicates an energy saving occupancy setting, and to identify a first plurality of time entries that are associated with a confidence level for a predicted occupancy status that is less than a predetermined threshold value in the predicted occupancy schedule. The controller 102 can use the predicted occupancy schedule 110 to control the HVAC system 104 to provide energy savings by adjusting the set point temperature while the homeowner is away. For, example, the controller 102 selects a heating set point temperature of sixty-nine degrees. The controller 102 then identifies time entries 902 in the predicted occupancy schedule 110 that are associated with a heating set point temperature confidence level that is less than a predetermined threshold value. The controller 102 modifies or sets the identified time entries 902 to use the identified highest heating set point temperature).
Venkatesh and Ricci are analogous art. They relate to communication among the building thermostats.
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 predicted occupancy schedule to adjust the set point temperature, taught by Venkatesh, incorporated with a vehicle control system configuring features of a home automation system, taught by Ricci, in order to provide energy savings by adjusting the set point temperature while the home owner is away. This process improves the performance of the HVAC system by enabling the HVAC system to predict when a user will be present or away so that the HVAC system can adjust a set point temperature to provide energy saving benefits and reduce the wear on the system's components.
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 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).
4.2 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 Venkatesh et al. (US 20220214063 A1) further in view of Ruiz et al. (US 20110204720 A1).
Regarding claims 2 and 13, Ricci and Venkatesh disclose the limitation of claims 1 and 12, in addition, Ricci discloses the limitation of claim 2 and 13, 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 Venkatesh 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).
Venkatesh, Ricci and Ruiz are analogous art. They relate to communication between the buildings and smart devices.
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 Venkatesh 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.
Citation Pertinent prior art
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Esrafilian-Najafabadi et al. (Occupancy-based HVAC control systems in buildings: A state-of-the-art review) discloses reactive control automatically reacts to real-time occupancy information received from occupancy detection and monitoring systems to dynamically change the temperature setpoint.
Diamond et al. (US 20200286305 A1) discloses control system that controls operation of the equipment using a first temperature schedule, which associates each time step with a temperature setpoint, when the building is occupied. When not occupied, the control system determines an expected return time based on historical occupancy data associated with the building, determines the temperature setpoint associated with the expected return time, determines candidate schedules each expected to result in the inside air temperature meeting the temperature setpoint.
Daubman et al. (US 20170074540 A1) discloses the intelligent thermostat controller receives location and/or schedule information for multiple residents of the building. Different residents may be associated with different zones that each have separate thermostat settings. The thermostat controller performs the activity analysis for multiple residents and multiple zones to determine the implicit thermostat settings for the different zones and adjusts the thermostat settings for the zones accordingly.
Plitkins (US 20150168002 A1) discloses temperature program is an occupant activity-based temperature program or a hybrid temperature program having both time-based and activity-based temperature setpoints, activities of various devices within the structure, and/or occupant information gleaned from a processing device (e.g., a computer or smart phone) and/or online data resources.
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to 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
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