DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after December 9, 2016, is being examined under the first inventor to file provisions of the AIA .
In an Amendment filed on January 28, 2026, claims 1, 2, and 4-6 were amended, claims 12-14 and 20 were cancelled, and new claims 21 and 22 were added.
Claims 1-11, 15-19, 21, and 22 are currently pending and under examination, of which claims 1 and 15 are independent claims.
Response to Amendment
Applicant’s amendments to the claims have overcome the objections previously set forth.
Applicant’s amendments to the claims have overcome the rejections under 35 USC 112(b) previously set forth.
Response to Arguments
Regarding the nonstatutory double patenting rejection of claims 1-14, the claim amendments presented in the Amendment are not sufficient to overcome the rejection. Although the claims at issue are not identical to claims 1, 7, and 4-10 of US Patent Application No. 18/343,538, they are not patentably distinct from each other because the claims of US Patent Application No. 18/343,538 recite very similar structure and functionality in combination with cited prior art. Incorporating the claim amendments, the nonstatutory double patenting rejection is maintained as presented below.
Regarding the prior art rejection of independent claim 1 in view of Nesler, at the bottom of page 9 and on page 10 of the Amendment, the following is argued:
Regarding the “health mode” recited in claim 1, the Office Action cites a “thermal flush mode” discussed, for example, at [0166] of Nesler. However, the recited health mode in claim 1 uses the comfort conditions as a constraint, while also maximizing ventilation within that comfort condition constraint. Nowhere does Nesler appear to suggest applying comfort conditions as constraints. To the contrary, Nesler's flush modes, including the thermal flush mode, are for execution when the space is unoccupied, as stated in [0166]: [0166] The thermal flush mode 434 can operate to increase outdoor air and regulate temperature and humidity of a building to destroy viruses or bacteria. The thermal flush mode 434 can, when activated during an unoccupied period, periodically circulate maximum air for a particular period of time. The thermal flush mode 434 can reduce viruses and/or bacteria within a building prior to the building being occupied. Further, as indicated at [0245], flush modes are performed when the space is unoccupied: “The operational service 316 can perform the air flush when a building space is unoccupied since the temperature and / or humidity levels of the space may become uncomfortable for occupants.” This includes thermal flush mode, as indicated at [0246]: “The thermal flush mode 434 may operate on a schedule in order to operate during unoccupied times of a building.” Clearly, the cited flush modes of Nesler do not operate using the comfort conditions as constraints, contrary to the health mode of claim 1.
The Office respectfully disagrees with the arguments. In addition to the referred portions of Nesler referred to in the Non-Final Office Action, Nesler further describes in Paragraph [0135] “The operational service 316 includes a mode selector 406 configured to select a mode from the modes 408-452 based on a user selection 404 received via the user device 302 and/or an emergency notification 402 received from the emergency notification system 304. The user selection 404 can be a selection made via a user interface where the user selects one of the modes 408-452. The user interface can be the user interface shown in FIGS. 20A-20K. The emergency notification 402 can be an indication of infection levels in a geographic area, an indication that a user has tested positive for a disease in a building or on a campus, an indication of a chemical spill, an indication of a future potential electric grid outage, an indication of a protest or riot, and/or any other emergency notification. In some embodiments, the mode selector 406 can select multiple modes to be implemented contemporaneously. In some embodiments, the mode selector 406 implements the multiple modes together if the state conditions (e.g., temperature setpoints, CO2 setpoints, etc.) of the multiple modes are met and do not conflict. For example, an economizer mode that operates an economizer of a building and an increased ventilation mode that increases ventilation for a building could operate together at the same time if both conditions are satisfied.” (Emphasis added)
In addition, as referred to in the Non-Final Office Action, Paragraph [0167] of Nesler provides that “In some embodiments, the thermal flush mode 434 can provide an elevated humidity and/or temperature flush of indoor spaces a predefined amount of time (e.g., two hours) before the spaces are occupied. In some cases, increased humidity may reduce the spread of disease more than increased temperature. In some embodiments, the thermal flush mode 434 can increase outdoor ventilation and/or exhaust flow rates to particular levels (e.g., maximum levels). In some embodiments, the thermal flush mode 434 can increase a space temperature to a particular level (e.g., 74 degrees Fahrenheit) and/or maintain a minimum humidity (e.g., 50% RH).” (Emphasis added)
Nesler also describes in Paragraph [0242] “Referring now to FIG. 20C, the user interface 2010 selected in the user interface 2000 of FIGS. 20A-20B is shown where multiple control modes are available for a building space and explanations of each mode are included, according to an exemplary embodiment. The user interface 2010 includes selectable modes, e.g., the modes 408-452. The user interface 2010 includes multiple windows 2012-2018 of selectable elements for selecting a mode. The windows 2012-2018 include the window 2012 for comfort and efficiency modes, and the window 2016 for emergency environmental control modes 2016, and the window 2018 for outdoor emergency override modes.” Paragraph [0252] describes “Referring now to FIG. 20E, a user interface 2030 of an AHU and indications of setpoints and parameters of the AHU is shown, according to an exemplary embodiment. The user interface 2030 includes a graphic illustration of an AHU of a building. The user interface 2030 further includes the operating setpoints of the AHU and the operational and measured parameters of the AHU.”
As expressly indicated, at least, in Paragraph [0135] of Nesler, multiple modes can be implemented contemporaneously, for example, based on amount of carbon dioxide and temperature setpoints. For instance, the ventilation mode is increased provided that the temperature setpoint is maintained. Therefore, in accord with at least the portions of Nesler referred to above and in the Non-Final Office Action, in the thermal flush mode, the ventilation level will be increased to a maximum level provided that the temperature setpoints and/or humidity setpoints as selected by the user through the user interface are maintained.
As argued in the Amendment, the referred portions of Nesler refer to alternative implementations that can be adopted. However, the cited reference does not indicate that only these implementations can be achieved. As explained in the Non-Final Office Action and further provided above, Nesler teaches a mode to select maximize ventilation provided that other modes, such as the one defining the temperature and/or humidity setpoints that a user selected, are maintained, which reads on “comfort conditions” a user selected. Therefore, contrary to the contentions made in the Amendment, Nesler teaches “a health mode that when selected maximizes ventilation to the building space subject to a constraint of maintaining one or more comfort conditions in the building space,” as amended in independent claim 1.
The prior art rejections of independent claim 1 and related dependent claims 2-5, 7, and 11-14 in view of Nesler are maintained.
For the reasons as set forth in the Non-Final Office Action and further provided herein below, the prior art rejections of claims 6 and 8-10 are maintained.
Specification Objections
The title of the invention is not fully descriptive. A new title is required that includes the invention to which the claims are directed.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-5, 7, 11, and 21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over 1 and 7 of copending U.S. Patent Application No. 18/343,538 in view of Nesler et al. (US Patent Publication No. 2021/0356153 A1) (“Nesler”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of U.S. Patent Application No. 18/343,538 recite very similar structure and functionality.
Present US Patent Application No. 18/353,505
U.S. Patent Application No. 18/343,538
Claim 1
A method for operating a Heating, Ventilating and/or Air Conditioning (HVAC) system that services a building, the HVAC system including a plurality of HVAC components each servicing a corresponding one of a plurality of building spaces of the building, the method comprising:
receiving one or more sensed values for each of the plurality of building spaces of the building;
displaying on a display of a user interface information for each of one or more of the plurality of HVAC components of the HVAC system, wherein the information includes a component name of the corresponding HVAC component, a building space name of the building space that the corresponding HVAC component services, an operating mode of the corresponding HVAC component, and an operating mode selector for manually changing the operating mode of the corresponding HVAC component,
wherein the operating mode is selected from a plurality of operating modes including:
a health mode that when selected maximizes ventilation to the building space subject to a constraint of maintaining one or more comfort conditions in the building space;
a first energy savings mode that minimizes energy consumed by the HVAC system to condition air supplied to the building space subject to a constraint of maintaining one or more comfort conditions in the building space and a constraint to maintain IAQ contaminants in the building space below one or more first IAQ thresholds; and
a second energy savings mode that minimizes energy consumed by the HVAC system to condition air supplied to the building space subject to the constraint of maintaining one or more comfort conditions in the building space and a constraint to maintain IAQ contaminants in the building space below one or more second IAQ thresholds, wherein the one or more second IAQ thresholds are less stringent than the one or more first IAQ thresholds;
receiving, via the operating mode selector of a first one of the one or more HVAC components, a user selection of a selected operating mode of the plurality of operating modes; and
in response to receiving the user selection of the selected operating mode for the first one of the one or more HVAC components, controlling the first one of the one or more HVAC components in accordance with the selected operating mode.
Claim 1
A method for operating a Heating, Ventilating and Air Conditioning (HVAC) system that services a building space, the method comprising:
sensing one or more sensed values;
automatically selecting an operating mode of the HVAC system from a plurality of operating modes based at least in part on one or more of the sensed values,
wherein the plurality of operating modes include:
a health mode that when selected attempts to maximize ventilation to the building space subject to one or more constraints including a constraint of maintaining one or more comfort conditions in the building space;
a first energy savings mode that attempts to minimize energy consumed by the HVAC system to condition air supplied to the building space subject to one or more constraints including a constraint of maintaining one or more comfort conditions in the building space and a constraint to maintain IAQ contaminants in the building space below one or more first IAQ thresholds;
a second energy savings mode that attempts to minimize energy consumed by the HVAC system to condition air supplied to the building space subject to one or more constraints including a constraint of maintaining one or more comfort conditions in the building space and a constraint to maintain IAQ contaminants in the building space below one or more second IAQ thresholds, wherein the one or more second IAQ thresholds are less stringent than the one or more first IAQ thresholds; and
controlling one or more components of the HVAC system in accordance with the selected operating mode.
Claim 4
The method of claim 2, wherein the one or more sensed values comprises one or more of a sensed CO2 value, a sensed PM2.5 value and a sensed TVOC value.
Claim 7
The method of claim 1, wherein the IAQ contaminants comprise CO2, PM2.5 and TVOC, each with a corresponding first IAQ threshold and a corresponding second IAQ threshold.
Compared to the claims of US Patent Application No. 18/353,538, independent claim 1 of the instant application has the additional limitations of “displaying on a display of a user interface information for each of one or more of the plurality of HVAC components of the HVAC system, wherein the information includes a component name of the corresponding HVAC component, a building space name of the building space that the corresponding HVAC component services, an operating mode of the corresponding HVAC component, and an operating mode selector for manually changing the operating mode of the corresponding HVAC component…receiving, via the operating mode selector of a first one of the one or more HVAC components, a user selection of a selected operating mode of the plurality of operating modes…”.
Nesler (US Patent Publication No. 20021/0356153 A1) describes in Paragraph [0135] (“The operational service 316 includes a mode selector 406 configured to select a mode from the modes 408-452 based on a user selection 404 received via the user device 302 and/or an emergency notification 402 received from the emergency notification system 304. The user selection 404 can be a selection made via a user interface where the user selects one of the modes 408-452. The user interface can be the user interface shown in FIGS. 20A-20K.”) Nesler describes in Paragraph [0136] (“In some embodiments, the modes can be selected by the mode selector 406 via user interactions and/or via with automatic selection based on measured conditions (e.g., via sensors) or received notifications (e.g., from emergency systems).”) Nesler explains in Paragraph [0137] (“In some embodiments, the mode selector 406 can select a mode by implementing a cost function. The cost function can weigh priorities and/or budget information to select a mode from the modes 408-452.”) Nesler provides in Paragraph [0251] (“Referring now to FIG. 20D, a user interface 2020 summarizing an operating selection field for each of multiple air handler units (AHUs) is shown, according to an exemplary embodiment. The user interface 2020 indicates seven AHUs of a particular building. The AHUs may serve different spaces of a building. Accordingly, operating each of the AHUs in a particular mode of the modes 408-442 can cause the spaces operated by the AHUs to be controlled according to the modes 408-442. The various operating modes described in the user interface 2010 are illustrated in the user interface 2020 and an indication of whether the various modes are active or inactive.”) Therefore, as shown in FIGS. 20A-20K, the dashboard displaying information/parameters of the multiple AHUs, Chillers, and Cooling Towers and FIG. 20G illustrates UV-C lights and Filter reads on “displaying on a display of a user interface information”. Also, the user mode selection received via a user device reads on “receiving, via the operating mode selector of a first one of the one or more HVAC components, a user selection of a selected operating mode of the plurality of operating modes”.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of U.S. Patent Application No. 18/343,538 and Nesler before them, to further provide displaying on a display of a user interface information for each of one or more of the plurality of HVAC components of the HVAC system, wherein the information includes a component name of the corresponding HVAC component, a building space name of the building space that the corresponding HVAC component services, an operating mode of the corresponding HVAC component, and an operating mode selector for manually changing the operating mode of the corresponding HVAC component and receiving, via the operating mode selector of a first one of the one or more HVAC components, a user selection of a selected operating mode of the plurality of operating modes because the reference is in the same field of endeavor as the claimed invention and it is focused on balancing infection risk and energy costs in a building.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it would provide an improved indoor environmental quality and occupant health, wellness, and/or productivity while maintaining a balance with energy cost consumption. Nesler: Paragraphs [0121] and [0128]
Therefore, independent claim 1 and claim 4 of the instant application is rejected on the grounds of nonstatutory double patenting.
The detailed rejection for each of dependent claims 2-3, 5, 7, 11, and 21 in view of the combination of US Patent Application No. 18/343,538 and Nesler as presented in the corresponding prior art rejection below is incorporated herein.
Therefore, dependent claims 2-3, 5, 7, 11, and 21 of the instant application are rejected on the grounds of nonstatutory double patenting.
Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over US Patent Application No. 18/343,538 in view of Nesler and further in view of Douglas (US Patent Publication No. 2022/0113050) (“Douglas”).
The detailed rejection for each of the dependent claims in view of the combination of US Patent Application No. 18/343,538 in view of Nesler and further in view of Douglas as presented in the corresponding prior art rejection below is incorporated herein.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of US Patent Application No. 18/343,538 in view of Nesler and further in view of Douglas before them, for the additional information to comprise an energy usage of the selected one of the two or more of the plurality of HVAC components relative to an energy usage baseline because the references are in the same field of endeavor as the claimed invention and they are focused on balancing infection risk and energy costs in a building.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it allows the user to adjust the disinfection options and easily see the impact on energy cost, energy consumption, carbon footprint, etc., as well as the impact on infection probability for each of the design scenarios. Douglas: Paragraph [0209]
Therefore, claim 6 of the instant application is rejected on the grounds of nonstatutory double patenting.
Claims 8-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over US Patent Application No. 18/343,538 in view of Nesler, in view of Metselaar (US Patent Publication No. 2013/0018513 A1) (“Metselaar”), and further in view of Matas et al. (US Patent Publication No. 2012/0130546 A1) (“Matas”).
The detailed rejection for each of dependent claims 8-10 in view of the combination of US Patent Application No. 18/343,538 in view of Nesler and further in view of Metselaar and Matas as presented in the corresponding prior art rejection below is incorporated herein.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of US Patent Application No. 18/343,538 in view of Nesler and Metselaar before them, for the historical information to comprise one or more of a historical energy usage of the selected one of the two or more of the plurality of HVAC components because the references are in the same field of endeavor as the claimed invention and they are focused on balancing infection risk and energy costs in a building.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it allows the user monitor and regulate their energy consumption. Metselaar: Paragraph [0048]
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of US Patent Application No. 18/343,538 in view of Nesler, Metselaar, and Matas before them, for the historical information to comprise a historical sensed value for the building space serviced by the selected one of the two or more of the plurality of HVAC components because the references are in the same field of endeavor as the claimed invention and they are focused on balancing infection risk and energy costs in a building.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it allows the user monitor temperature information. Matas: Paragraph [0067]
Therefore, claims 8-10 of the instant application are rejected on the grounds of nonstatutory double patenting.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 7, 11, and 21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nesler et al. (US Patent Publication No. 2021/0356153 A1) (“Nesler”).
Regarding independent claim 1, Nesler teaches:
A method for operating a Heating, Ventilating and/or Air Conditioning (HVAC) system that services a building, the HVAC system including a plurality of HVAC components each servicing a corresponding one of a plurality of building spaces of the building, the method comprising: Nesler: Paragraph [0082] (“Referring particularly to FIG. 1, a perspective view of a building 10 is shown. Building 10 is served by a BMS. A BMS is, in general, a system of devices configured to control, monitor, and manage equipment in or around a building or building area. A BMS can include, for example, a HVAC system…”) Nesler: Paragraph [0083] (“The BMS that serves building 10 includes an HVAC system 100. HVAC system 100 can include a plurality of HVAC devices (e.g., heaters, chillers, air handling units, pumps, fans, thermal energy storage, etc.) configured to provide heating, cooling, ventilation, or other services for building 10.”)
receiving one or more sensed values for each of the plurality of building spaces of the building; Nesler: Paragraph [0097] (“The inputs received from other layers can include environmental or sensor inputs such as temperature, carbon dioxide levels, relative humidity levels, air quality sensor outputs, occupancy sensor outputs, room schedules, and the like. The inputs can also include inputs such as electrical use (e.g., expressed in kWh), thermal load measurements, pricing information, projected pricing, smoothed pricing, curtailment signals from utilities, and the like.”)
displaying on a display of a user interface information for each of one or more of the plurality of HVAC components of the HVAC system, Nesler: Paragraph [0135] (“The operational service 316 includes a mode selector 406 configured to select a mode from the modes 408-452 based on a user selection 404 received via the user device 302 and/or an emergency notification 402 received from the emergency notification system 304. The user selection 404 can be a selection made via a user interface where the user selects one of the modes 408-452. The user interface can be the user interface shown in FIGS. 20A-20K. The emergency notification 402 can be an indication of infection levels in a geographic area, an indication that a user has tested positive for a disease in a building or on a campus, an indication of a chemical spill, an indication of a future potential electric grid outage, an indication of a protest or riot, and/or any other emergency notification. In some embodiments, the mode selector 406 can select multiple modes to be implemented contemporaneously. In some embodiments, the mode selector 406 implements the multiple modes together if the state conditions (e.g., temperature setpoints, CO2 setpoints, etc.) of the multiple modes are met and do not conflict. For example, an economizer mode that operates an economizer of a building and an increased ventilation mode that increases ventilation for a building could operate together at the same time if both conditions are satisfied.”) Nesler: Paragraph [0251] (“Referring now to FIG. 20D, a user interface 2020 summarizing an operating selection field for each of multiple air handler units (AHUs) is shown, according to an exemplary embodiment. The user interface 2020 indicates seven AHUs of a particular building. The AHUs may serve different spaces of a building. Accordingly, operating each of the AHUs in a particular mode of the modes 408-442 can cause the spaces operated by the AHUs to be controlled according to the modes 408-442. The various operating modes described in the user interface 2010 are illustrated in the user interface 2020 and an indication of whether the various modes are active or inactive.”) [As shown in FIGS. 20A-20K, the dashboard displaying information/parameters of the multiple AHUs, Chillers, and Cooling Towers and FIG. 20G illustrates UV-C lights and Filter reads on “displaying on a display of a user interface information”.]
wherein the information includes a component name of the corresponding HVAC component, a building space name of the building space that the corresponding HVAC component services, an operating mode of the corresponding HVAC component, and Nesler: FIGS. 20A-20K and Nesler: Paragraph [0034] (“FIG. 5 is a flow diagram of a process of selecting a mode for a zone of a building that can be performed by the operational service of FIG. 3, according to an exemplary embodiment.”) [As shown, at least, in FIGS. 20A, 20B, 20F and 20G, the display shows information including AHU identifiers (AHU-1, AHU-2, etc.) and UV-C lights identifiers for different building zones read on “a component name of the corresponding HVAC component”. The enterprise, the medical center, first floor, including lobby, office, break room, hall, and/or second floor read on “a building space name of the building space that the corresponding HVAC component services”. As shown, at least, in FIGS. 20C, 20D, 20H and 20I, the operating mode for each AHU reads on “an operating mode of the corresponding HVAC component”.] an operating mode selector for manually changing the operating mode of the corresponding HVAC component, Nesler: Paragraph [0135] [As described above.] Nesler: Paragraph [0136] (“In some embodiments, the modes can be selected by the mode selector 406 via user interactions and/or via with automatic selection based on measured conditions (e.g., via sensors) or received notifications (e.g., from emergency systems).”) Nesler: Paragraph [0137] (“In some embodiments, the mode selector 406 can select a mode by implementing a cost function. The cost function can weigh priorities and/or budget information to select a mode from the modes 408-452.”) Nesler: Paragraph [0237] (“Referring now to FIGS. 20A-20K, user interfaces 2000-2080 managed by the building manager 306 for selecting an operating mode for the building manager 306 are shown, according to an exemplary embodiment. In some embodiments, the user interface manager 314 can be configured to generate the user interfaces 2000-2080 and cause the user interface to be displayed to a user via the user device 302. The user interfaces 2000-2080 can be mode command dashboards. The user interfaces 2000-2080 can allow for a user to make state transitions and commands in a user friendly manner. The user interfaces 2000-2080 can, in some embodiments, provide a trend all temperature, RH, CO2, air supply, and state transitions. This can help confirm that mechanical equipment is able to handle new operating conditions.”) [The mode selector reads on “an operating mode selector”]
wherein the operating mode is selected from a plurality of operating modes including: a health mode that when selected maximizes ventilation to the building space subject to a constraint of maintaining one or more comfort conditions in the building space; Nesler: Paragraph [0135] [As described above.] Nesler: Paragraph [0166] (“The thermal flush mode 434 can operate to increase outdoor air and regulate temperature and humidity of a building to destroy viruses or bacteria. The thermal flush mode 434 can, when activated during an unoccupied period, periodically circulate maximum air for a particular period of time. The thermal flush mode 434 can reduce viruses and/or bacteria within a building prior to the building being occupied.”) Nesler: Paragraph [0167] (“In some embodiments, the thermal flush mode 434 can provide an elevated humidity and/or temperature flush of indoor spaces a predefined amount of time (e.g., two hours) before the spaces are occupied. In some cases, increased humidity may reduce the spread of disease more than increased temperature. In some embodiments, the thermal flush mode 434 can increase outdoor ventilation and/or exhaust flow rates to particular levels (e.g., maximum levels). In some embodiments, the thermal flush mode 434 can increase a space temperature to a particular level (e.g., 74 degrees Fahrenheit) and/or maintain a minimum humidity (e.g., 50% RH).”) Nesler: Paragraph [0167] (“In some embodiments, the thermal flush mode 434 can provide an elevated humidity and/or temperature flush of indoor spaces a predefined amount of time (e.g., two hours) before the spaces are occupied. In some cases, increased humidity may reduce the spread of disease more than increased temperature. In some embodiments, the thermal flush mode 434 can increase outdoor ventilation and/or exhaust flow rates to particular levels (e.g., maximum levels). In some embodiments, the thermal flush mode 434 can increase a space temperature to a particular level (e.g., 74 degrees Fahrenheit) and/or maintain a minimum humidity (e.g., 50% RH).”) Nesler: Paragraph [0169] (“The thermal flush mode 434 can be configured to command a central air system to provide maximum outdoor air and adjust discharge air conditions based on a temperature and/or humidity setpoint. The thermal flush mode 434 can be configured to force minimum air to a certain level at each terminal unit to ensure air distribution occurs in each room.”) Nesler: Paragraph [0242] (“Referring now to FIG. 20C, the user interface 2010 selected in the user interface 2000 of FIGS. 20A-20B is shown where multiple control modes are available for a building space and explanations of each mode are included, according to an exemplary embodiment. The user interface 2010 includes selectable modes, e.g., the modes 408-452. The user interface 2010 includes multiple windows 2012-2018 of selectable elements for selecting a mode. The windows 2012-2018 include the window 2012 for comfort and efficiency modes, and the window 2016 for emergency environmental control modes 2016, and the window 2018 for outdoor emergency override modes.”) Nesler: Paragraph [0252] (“Referring now to FIG. 20E, a user interface 2030 of an AHU and indications of setpoints and parameters of the AHU is shown, according to an exemplary embodiment. The user interface 2030 includes a graphic illustration of an AHU of a building. The user interface 2030 further includes the operating setpoints of the AHU and the operational and measured parameters of the AHU.”) [The thermal flush mode reads on “a health mode” and controlling the central air system based on a temperature and/or humidity setpoint and/or ensuring air distribution occurs in each room based on user defined temperature and/or humidity setpoints reads on “maintaining one or more comfort conditions in the building space”.]
a first energy savings mode that minimizes energy consumed by the HVAC system to condition air supplied to the building space subject to a constraint of maintaining one or more comfort conditions in the building space and a constraint to maintain indoor air quality (IAQ) contaminants in the building space below one or more first IAQ thresholds; and Nesler: Paragraph [0177] and FIG. 4 (“In the indoor environmental quality mode 444, ventilation rates can be reduced when outdoor air pollution (e.g., PM2.5) exceeds public health safety limits. Ventilation can be controlled based on CO2 levels, occupancy counts, and/or scheduled occupancy. The system can decrease CO2 setpoint or increase minimum ventilation rates during occupied hours. The system can determine when it is less expensive to filter air through a high efficiency filtration system (e.g., a HEPA filter) as compared to ventilation.”) [The indoor environmental quality mode reads on “a first energy savings mode”. Controlling to the CO2 setpoint reads on “to maintain”. CO2 setpoint reads on “one or more first IAQ thresholds”.]
a second energy savings mode that minimizes energy consumed by the HVAC system to condition air supplied to the building space subject to the constraint of maintaining one or more comfort conditions in the building space and a constraint to maintain IAQ contaminants in the building space below one or more second IAQ thresholds, wherein the one or more second IAQ thresholds are less stringent than the one or more first IAQ thresholds; Nesler: Paragraph [0176] (“In the comfort and efficiency mode 442, the building can be operated with standard control sequences to provide efficient and comfortable space control. An economizer can operate to use 100% outside air during times when it can minimize mechanical cooling. The comfort and efficiency mode 442 can optimize control of VAV systems using static pressure resets.”) [The comfort and efficiency mode reads on “a second energy savings mode”.]
receiving, via the operating mode selector of a first one of the one or more HVAC components, a user selection of a selected operating mode of the plurality of operating modes; and Nesler: Paragraphs [0135]-[0137] [As described above.] [The user mode selection received via a user device reads on “receiving, via the operating mode selector of a first one of the one or more HVAC components, a user selection of a selected operating mode of the plurality of operating modes”.]
in response to receiving the user selection of the selected operating mode for the first one of the one or more HVAC components, controlling the first one of the one or more HVAC components in accordance with the selected operating mode. Nesler: Paragraphs [0135]-[0137] [As described above.] Nesler: Paragraph [0134] (“Referring now to FIG. 4, the operational service 316 selecting one or more of multiple available operating modes in a system 400 is shown, according to an exemplary embodiment. Modes 408-452 can be control modes for normal and/or emergency operations. In some cases, not all control modes are implemented in every building. Some buildings may have only a set of the modes 408-452 that the operational service 316 selects from. In some implementations, the selectable modes may be determined based on the capabilities of the building and/or equipment within the building (e.g., the existing building systems 324 and/or the retrofit building systems 326).”) Nesler: Paragraph [0138] (“The modes can be used to transition a space from its intended use to an alternate use (e.g., a temporary use for emergency response). For example, the operational service 316 could operate to convert a single dorm room into a non-critical medical room if a dorm occupant becomes sick (e.g., as illustrated in FIG. 19). The operational service 316 can be configured to transition a dorm room into a medical room by applying certain operating modes of the modes 408-452 for the room and/or for the entire dormitory. A selection of the transition can cause an increase in ventilation for the room, activation of disinfectant light treatments, pressurization for the room, increased filtration, etc. The selection could be received from a user and/or could be an indication that an occupant of the room is sick received from a supervisor system, a medical testing system, etc. Furthermore, the building system can generate equipment recommendations (e.g., filters, ventilation, etc.) as part of transitioning the space.”)
Regarding claim 2, Nesler teaches all the claimed features of claim 1, from which claim 2 depends. Nesler further teaches:
The method of claim 1, wherein the information that is displayed for each of one or more of the plurality of HVAC components of the HVAC system includes one or more sensed values for the building space that the corresponding HVAC component services. Nesler: FIGS. 20A-20K and Nesler: Paragraph [0237] [As described in claim 1.] Nesler: Paragraph [0238] (“… each space can be attached to a performance dashboard that includes a temperature that can be green when the temperature is within ASHRAE comfort zone (ASHRAE 55) or yellow when the temperature is outside the comfort zone. The RH can be displayed in the performance dashboard along with a green indicator when the RH is between 40% and 60% and yellow when the RH is outside the range. The CO2 measurements can be displayed in the performance dashboard along with a green indicator when the CO2 is below a CO2 setpoint, a yellow indicator when the CO2 is above the setpoint, and a red indicator when the CO2 is at least a particular amount above the setpoint.”)
Regarding claim 3, Nesler teaches all the claimed features of claim 2, from which claim 3 depends. Nesler further teaches:
The method of claim 2, wherein the one or more sensed values comprises one or more of a sensed temperature value and a sensed humidity value. Nesler: FIGS. 20A-20K and Nesler: Paragraph [0237] [As described in claim 1.] Nesler: Paragraph [0238] [As described in claim 2.]
Regarding claim 4, Nesler teaches all the claimed features of claim 2, from which claim 4 depends. Nesler further teaches:
The method of claim 2, wherein the one or more sensed values comprises one or more of a sensed CO2 value, a sensed PM2.5 value and a sensed TVOC value. Nesler: FIGS. 20A-20K and Nesler: Paragraph [0237] [As described in claim 1.] Nesler: Paragraph [0238] [As described in claim 2.]
Regarding claim 5, Nesler teaches all the claimed features of claim 1, from which claim 5 depends. Nesler further teaches:
The method of claim 1, further comprising
concurrently displaying on the display information for each of two or more of the plurality of HVAC components of the HVAC system, wherein the information includes the component name of the corresponding HVAC component, the building space name of the building space that the corresponding HVAC component services, the operating mode of the corresponding HVAC component, and Nesler: [At least FIGS. 20A, 20B, and 20D illustrate a dashboard displaying multiple AHUs, Chillers, and Cooling Towers and FIG. 20G illustrates UV-C lights and Filter, which read on “concurrently displaying…” and the identifier of each AHU, Chiller, Cooling Tower, UV-C lights, Filter read on “component name”, the medical center dashboard, first floor or second floor and each zone in each floor read on “the building space name”, and at least FIG. 20D illustrates the dashboard displaying the modes for each AHU and select which reads on “the operating mode”.] the operating mode selector for manually changing the operating mode of the corresponding HVAC component. Nesler: Paragraphs [0135] and [0251] and FIG. 20D [As described in claim 1.]
Regarding claim 7, Nesler teaches all the claimed features of claim 5, from which claim 7 depends. Nesler further teaches:
The method of claim 5, further comprising:
receiving a selection via the user interface of one of the two or more of the plurality of HVAC components of the HVAC system, and in response, displaying on the display additional information for the selected one of the two or more of the plurality of HVAC components, wherein the additional information comprises one or more of the sensed values. Nesler: Paragraphs [0135] and [0251] and FIG. 20C, 20D, and 20G [As described in claim 1.] [FIG. 20G illustrates sensed values for one of the selected AHU units.]
Regarding claim 11, Nesler teaches all the claimed features of claim 1, from which claim 11 depends. Nesler further teaches:
The method of claim 1, further comprising: receiving a selection via the user interface of an operating mode information icon, and Nesler: FIGS. 20I-20K in response, displaying on the display the one or more first IAQ thresholds that correspond to the first energy saving mode and the one or more second IAQ thresholds that correspond to the second energy savings mode. Nesler: Paragraphs [0135], [0176], [0177], and [0251] [As described in claim 1.] Nesler: Paragraph [0100] (“For example, the demand response policy definitions can specify which equipment can be turned on or off in response to particular demand inputs, how long a system or piece of equipment should be turned off, what setpoints can be changed, what the allowable setpoint adjustment range is, how long to hold a high demand setpoint before returning to a normally scheduled setpoint, how close to approach capacity limits, which equipment modes to utilize, the energy transfer rates (e.g., the maximum rate, an alarm rate, other rate boundary information, etc.) into and out of energy storage devices (e.g., thermal storage tanks, battery banks, etc.), and when to dispatch on-site generation of energy (e.g., via fuel cells, a motor generator set, etc.).”) Nesler: Paragraph [0119] (“Furthermore, the retrofit service 320 can suggest, e.g., via a user interface, and/or be instructed to implement software changes to a building receive a selection of an operating mode that converts the control strategy and/or control parameters (e.g., temperature setpoint, humidity setpoint, CO2 setpoint, etc.) for a building or an area of a building from a first mode to a second mode.”) Nesler: Paragraph [0152] (“In the demand control ventilation mode 416, minimum and maximum ventilation air flows can be set to maintain worst-case indoor carbon dioxide level of a set value (e.g., 1,000 ppm) using a proportional-integral (PI) reset. The reset can be tuned so that a minimum and maximum reset is over a particular amount (e.g., an adjustable 200 ppm range) centered on a CO2 setpoint (e.g., 900 ppm to 1,100 ppm).”)
Regarding claim 21, Nesler teaches all the claimed features of claim 1, from which claim 21 depends. Nesler further teaches:
The method of claim 1, wherein the step of receiving, via the operating mode selector of a first one of the one or more HVAC components, a user selection of a selected operating mode of the plurality of operating modes includes receive a user selection of the health mode, and the step of controlling the first one of the one or more HVAC components in accordance with the selected operating mode is performed to implement the health mode. Nesler: Paragraph [0099] (“In some embodiments, demand response layer 214 includes a control module configured to actively initiate control actions (e.g., automatically changing setpoints) which minimize energy costs based on one or more inputs representative of or based on demand (e.g., price, a curtailment signal, a demand level, etc.). In some embodiments, demand response layer 214 uses equipment models to determine an optimal set of control actions. The equipment models can include, for example, thermodynamic models describing the inputs, outputs, and/or functions performed by various sets of building equipment. Equipment models can represent collections of building equipment (e.g., subplants, chiller arrays, etc.) or individual devices (e.g., individual chillers, heaters, pumps, etc.).”) Nesler: Paragraph [0121] (“In some embodiments, the modes are static modes. The static modes can be operator selected to respond to safety issues and/or emergencies via the user interface manager 314. In some embodiments, the modes are dynamic modes. For example, a mode could implement a cost or weighting function that operates to improve quality but also takes cost into consideration. In some embodiments, some modes may provide constraints on other modes. In some embodiments, the operational service 316 implements hierarchical state based control strategy and/or basic comfort through life safety.”) Nesler: Paragraph [0136] (“In some embodiments, the modes can be selected by the mode selector 406 via user interactions and/or via with automatic selection based on measured conditions (e.g., via sensors) or received notifications (e.g., from emergency systems). The user selection 404 and/or the emergency notification 402 can indicate prioritization of the modes 408-452. Based on a hierarchy of control goals, the building system can select a control mode of the modes 408-452 based on the prioritization. The hierarchy can define a hierarchy of comfort, energy, health and wellness, resiliency, and safety. The hierarchy can be implemented on a space by space basis within a building. For example, a laboratory may have a hierarchy while an auditorium has a different hierarchy.”) Nesler: Paragraph [0246] (“The window 2016 includes a thermal flush selection field. The thermal flush selection field may trigger the thermal flush mode 434. In response to a user selecting the thermal flush mode 434, the operational service 316 can operate the existing building systems 324 and/or the retrofit building systems 326 to both displace air from the building space and replace the air with outdoor air while increasing humidity within the building space. This can reduce the likelihood of the spread of an airborne disease within the building space.”)
It is noted that any citations to specific paragraphs 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 2123.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Nesler, in view of Douglas (US Patent Publication No. 2022/0113050) (“Douglas”).
Regarding claim 6, Nesler teaches all the claimed features of claim 5, from which claim 6 depends. Nesler further teaches:
The method of claim 5, further comprising:
receiving a selection via the user interface of one of the two or more of the plurality of HVAC components of the HVAC system, and in response, displaying on the display additional information for the selected one of the two or more of the plurality of HVAC components, Nesler: Paragraphs [0135] and [0251] and FIGS. 20C and 20D [As described in claim 1.]
Nesler does not expressly show the dashboard displaying the additional information comprises an energy usage of the selected one of the two or more of the plurality of HVAC components relative to an energy usage baseline”. However, Douglas describes systems and methods for predicting and mitigating infection risk in a building. The present disclosure relates more particularly to infection control for building HVAC equipment. Douglas teaches:
wherein the additional information comprises an energy usage of the selected one of the two or more of the plurality of HVAC components relative to an energy usage baseline. Douglas: Paragraph [0208] (“After specifying the desired parameters and clicking the “Run” button, optimization manager 412 may perform one or more simulations (e.g., by solving one or more optimization problems) using the specified parameters. Once the simulations have completed, results may be displayed in the “Results” portion of user interface 900. The results may indicate the energy cost, energy consumption, carbon footprint, ….”) Douglas: Paragraph [0209] (“The user can adjust desired disinfection options on a monthly basis (e.g., by adjusting the sliders within the Disinfection Options portion of user interface 900), at which point the results may be re-calculated by averaging over the appropriate subset of simulation instances, which can be performed in real time because the simulations need not repeated… Additional display options beyond what is shown in FIG. 9 may be present in various embodiments, for example to selectively disable UV and/or filtration in certain months or to consider worst-case instances for each month rather than mean values. In addition, various other graphical displays could be added to provide more detailed results. User interface 900 may initially present optimization results and/or equipment recommendations based on default settings, but then the user is free to refine those settings and immediately see updates to cost estimates and suggested equipment.”) Douglas: Paragraph [0211] (“If a user desires to provide a higher level of disinfection (e.g., a lower level of infection spread probability) and therefore an increased energy consumption or energy consumption cost, the user may adjust the knob or slider on the user interface of user input device 420 to indicate a desired trade-off between energy consumption and infection probability. Likewise, if the user desired to provide a lower level of disinfection (e.g., a higher level of infection spread probability) and therefore a lower energy consumption or energy consumption cost, the user may adjust the knob or slider on the user interface of the user input device 420 to indicate such a desired tradeoff between energy consumption or energy consumption cost and disinfection control.”)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Nesler and Douglas before them, for the additional information to comprise an energy usage of the selected one of the two or more of the plurality of HVAC components relative to an energy usage baseline because the references are in the same field of endeavor as the claimed invention and they are focused on balancing infection risk and energy costs in a building.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it allows the user to adjust the disinfection options and easily see the impact on energy cost, energy consumption, carbon footprint, etc., as well as the impact on infection probability for each of the design scenarios. Douglas: Paragraph [0209]
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Nesler, in view of Metselaar (US Patent Publication No. 2013/0018513 A1) (“Metselaar”), and further in view of Matas et al. (US Patent Publication No. 2012/0130546 A1) (“Matas”).
Regarding claim 8, Nesler teaches all the claimed features of claim 5, from which claim 8 depends. Nesler further teaches:
The method of claim 5, further comprising:
receiving a selection via the user interface of one of the two or more of the plurality of HVAC components of the HVAC system, and in response, displaying on the display additional information for the selected one of the two or more of the plurality of HVAC components, Nesler: Paragraphs [0135] and [0251] and FIGS. 20C and 20D [As described in claim 1.]
wherein the additional information comprises historical information, Nesler: Paragraph [0257] (“Energy use program 100 is a program that allows users to monitor and regulate their energy consumption (i.e., electricity use or fossil fuel use). Energy use program 100 can include a real-time display of energy use, regular reports (hourly, daily, weekly, etc.), and provide estimates of projected costs. Energy use program 100 may also allow a user to configure how their HVAC equipment 30 responds to different Demand-Response events issued by their utility.”)
Nesler does not expressly teach that the historical information “comprises one or more of a historical energy usage of the selected one of the two or more of the plurality of HVAC components and a historical sensed value for the building space serviced by the selected one of the two or more of the plurality of HVAC components”. However, Metselaar describes operating HVAC equipment using an environmental control program. Metselaar teaches:
wherein the historical information comprises one or more of a historical energy usage of the selected one of the two or more of the plurality of HVAC components and Metselaar: Paragraph [0048] (“Energy use program 100 is a program that allows users to monitor and regulate their energy consumption (i.e., electricity use or fossil fuel use). Energy use program 100 can include a real-time display of energy use, regular reports (hourly, daily, weekly, etc.), and provide estimates of projected costs. Energy use program 100 may also allow a user to configure how their HVAC equipment 30 responds to different Demand-Response events issued by their utility.”)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Nesler and Metselaar before them, for the historical information to comprise one or more of a historical energy usage of the selected one of the two or more of the plurality of HVAC components because the references are in the same field of endeavor as the claimed invention and they are focused on balancing infection risk and energy costs in a building.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it allows the user monitor and regulate their energy consumption. Metselaar: Paragraph [0048]
Nesler and Metselaar do not expressly teach that the historical information “comprises … a historical sensed value for the building space serviced by the selected one of the two or more of the plurality of HVAC components”. However, Matas describes a user friendly interface. Matas teaches:
a historical sensed value for the building space serviced by the selected one of the two or more of the plurality of HVAC components. Matas: Paragraph [0067] (“FIG. 13 shows the relationship between a computer display and thermostat display, according to some embodiments. In this example, historical temperature information is represented by curve 1314 and is being displayed to a user on a computer display 1310. The same information can be viewed by a user on the circular display of the thermostat 1320 using a combination of ring rotation and inward clicks, as is described herein.”)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Nesler, Metselaar, and Matas before them, for the historical information to comprise a historical sensed value for the building space serviced by the selected one of the two or more of the plurality of HVAC components because the references are in the same field of endeavor as the claimed invention and they are focused on balancing infection risk and energy costs in a building.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it allows the user monitor temperature information. Matas: Paragraph [0067]
Regarding claim 9, Nesler, Metselaar, and Matas teach all the claimed features of claim 8, from which claim 9 depends. Nesler further teaches:
The method of claim 8, wherein the historical sensed value comprises one of a historical sensed temperature value, a historical sensed humidity value, a historical sensed CO2 value, a historical sensed PM2.5 value and a historical sensed total volatile organic compounds (TVOC) value for the building space serviced by the selected one of the two or more of the plurality of HVAC components. Nesler: Paragraph [0021] (“In some embodiments, the method includes implementing, by the processing circuit, … cause a display deice of a user device of a user to display an recommendation indicating the one or more recommended building systems.”) Nesler: Paragraph [0261] (“Referring now to FIG. 23, a chart 2300 indicating the performance of filtration on contaminants is shown, according to an exemplary embodiment. The fractional efficiency of a filter is shown for various particle diameters. For example, a virus such as COVID-19 may have a particle diameter of 0.06-0.14 μm, influenza may have a particle diameter of 0.08-0.12 μm, human droplets (e.g., from coughing or normal activities) may be 0.3 to <3 μm. In some embodiments, changing a filter from MERV8 to MERV14 significantly increases the filter efficacy to the particle sizes considered.” Which reads on “a historical sensed PM2.5 value” that refers to fine particulate matter with a diameter of 2.5 micrometers or less.)
Regarding claim 10, Nesler, Metselaar, and Matas teach all the claimed features of claim 8, from which claim 10 depends. Nesler further teaches:
The method of claim 8, wherein the historical information comprises a historical operating mode of the selected one of the two or more of the plurality of HVAC components. Nesler: Paragraph [0257] (“Referring now to FIG. 20K, a user interface 2080 of a schedule that a user can build, according to an exemplary embodiment. The user interface 2080 provides the user the ability to control a schedule of operating modes. The schedule can activate and/or deactivate various modes of the modes 408-442 at various points in time. A user can select times to activate or deactivate one or more of the modes 408-442. Furthermore, the user can indicate occupancy times of spaces of the building. In some embodiments, one or more of the modes 408-442 can trigger activation or deactivation based on the occupied and unoccupied times of the schedule.”)
It is noted that any citations to specific paragraphs 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 2123.
Allowable Subject Matter
Claims 15-19 are found to be allowable over the prior art of record.
While the prior art shows receiving one or more sensed values for each of the plurality of building spaces of the building, the one or more sensed values including a sensed temperature and one or more sensed IAQ concentration values for each of the plurality of building spaces of the building; displaying on a display of a user interface information for each of one or more of the plurality of HVAC components of the HVAC system, wherein the information includes a component name of the corresponding HVAC component, a building space name of the building space that the corresponding HVAC component services, an operating mode of the corresponding HVAC component; receiving via the user interface one or more user inputs to change the operating mode of a selected one of the HVAC components to a selected operating mode; and in response to receiving the one or more user inputs to change the operating mode of the selected one of the HVAC components, controlling the selected one of the one or more HVAC components in accordance with the selected operating mode (see Nesler et al. (US Patent Publication No. 2021/0356153 A1); Metselaar (US Patent Publication No. 2013/0018513 A1); Matas et al. (US Patent Publication No. 2012/0130546 A1); Douglas (US Patent Publication No. 2022/0113050); Shinde (US Patent Publication No. 2021/0262689 A1); Bassa et al. (US Patent Publication No. 2025/0230945; US Patent Publication No. 2021/0318010 A1 to Federspiel et al.); US Patent Publication No. 2024/0176319 A1 to Risbeck et al.; and US Patent Publication No. 2015/0011154 A1 to Holm et al.
However, the prior art, individually or combined, does not teach or suggest that the user interface information also includes “displaying…an air quality score for the building space that the corresponding HVAC component services, a pathogen compliance score for the building space that the corresponding HVAC component services and an indoor climate score for the building space that the corresponding HVAC component services, wherein: the air quality score is based at least in part on one or more of the sensed IAQ concentration values for the building space that the corresponding HVAC component services and lies within a predefined air quality score range; the pathogen compliance score is based at least in part on the sensed temperature and one or more of the sensed IAQ concentration values for the building space that the corresponding HVAC component services and lies within a predefined pathogen compliance score range; the indoor climate score is based at least in part on the sensed temperature for the building space that the corresponding HVAC component services and lies within a predefined indoor climate score range”. It is this concept that defines the present application over the prior art of record.
Claim 22 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Publication No. 2024/0176319 A1 to Risbeck et al. describes a controller for heating, ventilation, or air conditioning (HVAC) equipment, according to some embodiments. In some embodiments, the HVAC equipment is operable to affect an environmental condition of a building. In some embodiments, the controller includes one or more processors and memory storing instructions that, when executed by the one or more processors, cause the one or more processors to perform operations. In some embodiments, the operations include obtaining one or more predictive models configured to predict values of a carbon emissions control objective and another control objective as a function of control decision variables for the HVAC equipment. In some embodiments, the operations include executing an optimization process using the one or more predictive models to produce multiple sets of optimization results corresponding to different values of the control decision variables, the carbon emissions control objective, and the other control objective. In some embodiments, the operations include selecting one or more of the sets of optimization results based on the values of the carbon emissions control objective and the other control objective. In some embodiments, the operations include operating the HVAC equipment to affect the environmental condition of the building in accordance with the values of the control decision variables corresponding to a selected set of the optimization results.
US Patent Publication No. 2015/0011154 A1 to Holm et al. describes controlling ventilation of an indoor area of a building, comprising the steps of: ventilating the indoor area by means of mechanical ventilation and natural ventilation according to a ventilation mode selected among a plurality of ventilation modes, a set of adjustable control parameters (31; 32; 33; 34; 35) and at least one measurement value from a sensor, wherein each ventilation mode is associated with the set of adjustable control parameters (31; 32; 33; 34; 35), each having an adjustable value selected among a group of mode dependent adjustable values, and/or a set of fixed control parameters (34) each having a mode dependent fixed value, and controlling the mechanical ventilation and the natural ventilation by comparing the measurement value from the sensor with a corresponding value of the control parameters of the ventilation mode such that a desired indoor climate defined by the ventilation mode is obtained.
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 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alicia M. Choi whose telephone number is (571)272-1473. The examiner can normally be reached Monday - Friday 7:30 am to 5:00 pm.
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, Robert Fennema can be reached on 571-272-2748. 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.
/ALICIA M. CHOI/Primary Patent Examiner, Art Unit 2117