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 .
Allowable Subject Matter Discussion
Claims 9 and 28, upon remedying the 35 USC 112 rejections, are 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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11 and 21- 29 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The limitation “attempts to” is ambiguous as it is unclear whether the claim intends to minimize energy without actually achieving it; whether “attempts to” represents a consideration of energy and comfort constraints; whether “attempts to” represents a purpose of the respective first and second energy savings modes. For purposes of examination, “attempts to” is interpreted as determining a tradeoff or the application of objective functions for minimizing subject to constraints. Moreover, the limitation “attempts to” is missing essential elements for realizing the minimizing because the steps involved in what is considered “attempts to” are unclear to reflect the scope of “attempts to.”
The term “less stringent” in claims 1, 5-6, 21, and 25 is a relative term which renders the claim indefinite. The term “less stringent” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention .
For example, “less stringent” may represent a first numerical level is lower than a second level or “less stringent” as a second, higher threshold/level of pollution allowing greater discomfort due to higher exposure. In contrast, a lower air quality concentration could be less stringent due to allowing greater duration of exposure/tolerances vs. a shortened duration of exposure to a higher concentration of air pollution. The ambiguity is whether less stringent refers to an actual concentration level (higher or lower relative to a first) that is going to be tolerated by the occupant or whether less stringent is a lower or higher concentration level for comparison purposes.
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4, 8, 10-11, 21-24, 27, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Nesler et al. (PG/PUB 20210356153) in view over Holm et al. (PG/PUB 20150011154) in view over Risbeck et al. (PG/PUB 20240176319).
Claim 1
Nesler et al. teaches a method for operating a Heating, Ventilating and Air Conditioning (HVAC) system that services a building space but does not expressly teach the first and second energy saving mode having a second threshold less stringent than the first threshold AND the “attempts to” limitations described below. Holm teaches the first and second threshold limitations while Risbeck teaches the “attempts to” limitations descried below, the method comprising:
sensing one or more sensed values (Nesler, 0086-87, 0097 e.g. see one or more sensors for obtaining at least air quality)
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 (Nesler, 0099, 0136 e.g. see automatically changing ventilation mode using the mode selector based on sensed values)
a health mode (Nesler, 0009-0010 e.g. comfort and efficiency mode) that when selected attempts (e.g. The limitation “attempt to” would correspond to the implementation of each mode that considers comfort and energy for achieving a target ventilation but without actually achieving it) 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 (0009, 0139, 0155, 0184, 0242 e.g. see implementing 0176 e.g. see comfort and efficiency mode employing an economizer to optimize control of VAV systems)
a first energy savings mode (Nesler, e.g. see one or more indoor air quality mode/demand ventilation mode having more stringent air quality levels/unacceptable limits, 0011, see Holm for a first energy saving mode having a first threshold associated with energy and comfort constraints, Figure 3, Holm, 0060-62 e.g. see X and Y modes consuming greater energy. In particular, see Figure 3 of Holm defining a first energy saving mode (X -33) having restricted temperature ranges corresponding to levels 400-900 that attempts to minimize energy, where the first threshold is more stringent than a second threshold, i.e., greater temperature range allowed having a second concentration threshold, Figure 3) 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 indoor air quality (IAQ) contaminants in the building space below one or more first IAQ thresholds (e.g. see Risbeck below for “attempts to,” see also 0022-23, 0030, see HOLM 0060-0063 e.g. see X and Y mode having lower acceptable CO2 content and associated with comfort and CO2 constraints, Figure 3-33)
However, Nesler does not expressly teach the first energy savings mode having the first threshold. Holms teaches a first energy saving mode having the first threshold, see 0028-30, 0060-62 (X or Y mode relative to Z mode e.g. see the Z mode being less stringent in the sense of allowed tolerances of the occupant)
One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Holm, namely implementing a first energy saving mode having a first threshold more stringent than a second threshold, to the teachings of Nesler, namely implementing multiple ventilation modes based on sensed air quality levels, would achieve an expected and predictable result via combining said elements using known methods by implementing a first energy saving mode based on a threshold corresponding to the X and Y modes of Holm.
However, Nesler, as modified, does not teach “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 based on a first energy saving mode having a first threshold. Risbeck teaches “attempts to” described below. The limitation “attempts to” is interpreted as the application of determining tradeoffs or optimization of energy in light of comfort in light of pollution levels.
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 (Risbeck, ABSTRACT, 0022-25, 0050-51, 0055, 0198 e.g. see minimizing energy while maintaining comfort for achieving target ventilation based on Pareto optimization as reading on “attempts to”, see “. Similarly, controller 310 can solve the Pareto optimization problem as a multi-variable optimization problem to determine an inflection point or a Pareto efficiency on a surface (e.g., a 3d graph or a multi-variable optimization) which provides an optimal tradeoff between cost (e.g., the energy consumption, the energy consumption cost, etc.), comfort (e.g., temperature and/or humidity), and disinfection control (e.g., the infection probability constraint”)
One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Risbeck, namely minimizing energy consumption while maximizing ventilation subject to comfort constraints, to the teachings of Nesler as modified, namely implementing a first energy saving ventilation mode responsive to air quality equal or exceeding the first threshold in light of occupancy, would achieve an expected and predictable result of identifying tradeoffs between energy, comfort, and ventilation for optimization. The application of Pareto optimization provides an improved invention based on upon its application per ventilation mode to achieve cost savings while achieving target ventilation levels.
a second energy savings mode (e.g. one or more indoor environmental air quality modes, see Holms for Z mode having a second threshold less stringent than the first. As interpreted, a second energy saving mode has a higher IAQ that uses less energy because occupant will accept higher CO2 levels/less stringent mode) that attempts to (e.g. infra Risbeck discussed below) 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 (Holm, 0028-30 0060-62,) wherein the one or more second IAQ thresholds are less stringent than (e.g. as interpreted, higher pollution level and decreased comfort would be allowed until remedied, see Holm, 0060 e.g. Z mode)
However, Nesler does not expressly teach the second energy savings mode having the second threshold less stringent than the first. Holms teaches a second energy saving mode having the second threshold less stringent than the first, see 0028-30, 0060-62 (e.g. see occupant tolerating higher concentrations levels/second threshold to minimize energy relative to a corresponding threshold concentration that is more stringent, i.e. less user tolerance in exchange for greater energy usage, see Figure 3 having Z mode defining greater temperature ranges associated with a second CO2 concentration, where “less stringent” corresponds to occupant tolerating higher exposure in exchange for saving energy)
One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Holm, namely implementing a second energy saving mode having a second, less stringent threshold, to the teachings of Nesler, namely implementing multiple ventilation modes based on sensed air quality levels, would achieve an expected and predictable result via combining said elements using known methods by implementing a second, less stringent ventilation mode. Holm is in the same field of endeavor and reasonably pertinent to a problem of implementing modes based on first and second thresholds.
However, Nesler, as modified, does not teach 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. Risbeck teaches:
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 (Risbeck, ABSTRACT, 0022-25, 0050-51, 0055, 0198 e.g. see minimizing energy while maintaining comfort for achieving target ventilation, see “ Similarly, controller 310 can solve the Pareto optimization problem as a multi-variable optimization problem to determine an inflection point or a Pareto efficiency on a surface (e.g., a 3d graph or a multi-variable optimization) which provides an optimal tradeoff between cost (e.g., the energy consumption, the energy consumption cost, etc.), comfort (e.g., temperature and/or humidity), and disinfection control (e.g., the infection probability constraint).
One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Risbeck, namely minimizing energy consumption while maximizing ventilation subject to comfort constraints, to the teachings of Nesler, namely implementing a second energy saving mode responsive to air quality equal or exceeding the second threshold in light of occupancy, would achieve an expected and predictable result of identifying tradeoffs between energy, comfort, and ventilation for optimization. The application of Pareto optimization provides an improved invention based on upon its application per ventilation mode to achieve cost savings while achieving target ventilation levels.
The combination of applied prior art teaches:
controlling one or more components of the HVAC system in accordance with the selected operating mode (Nesler, 0022-23, 0030, 0055, 0198 e.g. see second threshold lower than first threshold)
Claim 2. The method of claim 1, further comprising :automatically switching from the first energy savings mode to the second energy savings mode when the constraint of maintaining one or more comfort conditions in the building space cannot be achieved in the first energy savings mode (supra claim 1 for automatically transitioning to a ventilation mode upon air quality exceeding the first threshold to a second energy saving mode for remedying higher levels of pollution, see Nesler having mode selector of operation that is transitioned to, 0135-0136, see also Holm, Figure 3 for mode transition as a function of comfort conditions)
Claim 3 The method of claim 1, further comprising: automatically switching from the first energy savings mode to the second energy savings mode when the constraint of maintaining IAQ contaminants in the building space below the one or more first IAQ thresholds cannot be achieved in the first energy savings mode ((supra claim 1 for automatically transitioning to a ventilation mode upon air quality exceeding the first threshold to a second energy saving mode for remedying higher levels of pollution, see Nesler having emergency mode of operation that is transitioned to, 0135-0136, see also Holm, Figure 3, for a mode transition as a function of IAQ thresholds including the first threshold)
Claim 4. The method of claim 1, wherein the plurality of operating modes comprise: a balanced mode that when selected attempts to control ventilation to the building space to maintain IAQ contaminants in the building space below one or more balance mode IAQ thresholds subject to one or more constraints including a constraint of maintaining one or more comfort conditions in the building space (0119 e.g. see user selection of a threshold as a balanced operating mode, see also Holm, Figure 3 e.g. see X vs Y vs Z as having associated CO2 ranges, i.e., balanced IAQ thresholds)
Claim 8. The method of claim 1, wherein the one or more sensed values comprise two or more of an energy meter reading value, an indoor temperature value, an outdoor temperature value, an indoor humidity value, an outdoor humidity value, an indoor dew point value, an outdoor dew point value, a pressure value, an indoor CO2 value, an outdoor CO2 value, an indoor PM2.5 value, an outdoor PM2.5 value, an indoor TVOC value and an outdoor TVOC value, an occupancy value, supra claim 1, see Nesler , 0086-87, 0097, 1
Claim 10. The method of claim 1, wherein while operating in the first energy savings mode, increasing ventilation to the building space at times when ventilation has a reduced impact on energy consumed by the HVAC system (see natural ventilation, Holm, 0028-0033, 0060-62), and decreasing ventilation to the building space at times when ventilation has an increased impact on energy consumed by the HVAC system (Holm, 0028-0033, 0060-62 e.g. see outside temperature increasing energy costs if ventilated with corresponding reduced natural ventilation)
Claim 11.
The method of claim 1, wherein while operating in the first energy savings mode, increasing ventilation to the building space at times when one or more outdoor air parameters have a reduced impact on energy consumed by the HVAC system and/or an increased impact on reducing concentrations of one or more IAQ contaminates in the building space (supra claim 1, 0141, see Holm, 0011, 0013, 0027-30) and decreasing ventilation to the building space at times when one or more outdoor air parameters have an increased impact on energy consumed by the HVAC system and/or a decreased impact on reducing concentrations of one or more IAQ contaminates in the building space ((supra claim 1, 0141, see Holm, 0011, 0013, 0027-30)
Claim 21.
A Heating, Ventilating and Air Conditioning (HVAC) system configured to service a building space, the HVAC system comprising:
one or more HVAC components including at least one damper; supra claim 1, 0141
a plurality of sensors configured to sense one or more sensed values; supra claim 1, 0153
a controller having an input, for receiving the one or more sensed values from the plurality of sensors including one or more interior or exterior environmental conditions, and a processor
configured to perform a method comprising: supra claim 1, 0312
receiving the one or more sensed values; supra claim 1, Figure 4
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: supra claim 1, Figure 4-406
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; supra claim 1
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; supra claim 1
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 supra claim 1
controlling the one or more HVAC components in accordance with the selected operating mode. supra claim 1
Claim 22. The HVAC system of claim 21, wherein the processor is further configured to automatically switch from the first energy savings mode to the second energy savings mode when the constraint of maintaining one or more comfort conditions in the building space cannot be achieved in the first energy savings mode (supra claim 1, see also Holm, Figure 3 e.g. see constraint as including temperature and CO2, such that upon exceeding a CO2 range, a second mode is selected, see X-> X->Z transition)
Claim 23. The HVAC system of claim 21, wherein the processor is further configured to automatically switch from the first energy savings mode to the second energy savings mode when the constraint of maintaining IAQ contaminants in the building space below the one or more first IAQ thresholds cannot be achieved in the first energy savings mode (supra claim 1, Holm, Figure 3 e.g. see X- Z transition based on CO2)
Claim 24.
The HVAC system of claim 21, wherein the plurality of operating modes comprise a balanced mode that when selected attempts to control ventilation to the building space to maintain IAQ contaminants in the building space below one or more balance mode IAQ thresholds subject to one or more constraints including a constraint of maintaining one or more comfort conditions in the building space. 0119 e.g. see user selection of a threshold as a balanced operating mode, see also Holm, Figure 3 e.g. see X vs Y vs Z as having associated CO2 ranges, i.e., balanced IAQ thresholds)
Claim 27. The HVAC system of claim 21, wherein the one or more sensed values comprise two or more of an energy meter reading value, an indoor temperature value, an outdoor temperature value, an indoor humidity value, an outdoor humidity value, an indoor dew point value, an outdoor dew point value, a pressure value, an indoor C02 value, an outdoor C02 value, an indoor PM2.5 value, an outdoor PM2.5 value, an indoor TVOC value and an outdoor TVOC value, an occupancy value, supra claim 8
Claim 29. The HVAC system of claim 21, wherein the processor is further configured to, while operating in the first energy savings mode, increase ventilation to the building space at times when ventilation has a reduced impact on energy consumed by the HVAC system, and decreasing ventilation to the building space at times when ventilation has an increased impact on energy consumed by the HVAC system (supra claims 10-11)
Claims 5-6 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Nesler et al. (PG/PUB 20210356153) in view over Holm et al. (PG/PUB 20150011154) in view over Risbeck et al. (PG/PUB 20240176319) in view over Sinur et al. (PG/PUB 20230167995)
Claim 5.
The method of claim 1 but does not teach the third IAQ threshold. Sinur teaches a third IAQ threshold described below
wherein the plurality of operating modes further include: a third 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 third IAQ thresholds, wherein the one or more third IAQ thresholds are less stringent than the one or more second IAQ thresholds (Sinur, 0089 e.g. see third IAQ threshold as Fair)
One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Sinur, namely providing multiple IAQ thresholds, to the teachings of Nesler, as modified by Holm, namely determining an IAQ threshold defining what an occupant would tolerate in exchange for energy savings, would achieve an expected and predictable result of providing a 3rd IAQ level in which the occupant would tolerate in exchange for energy minimization.
Claim 6. The method of claim 5, wherein the plurality of operating modes further include: a fourth 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 fourth IAQ thresholds, wherein the one or more fourth IAQ thresholds are less stringent than the one or more third IAQ thresholds (Sinur, 0089 e.g. see fourth IAQ threshold as Poor, supra claim 5
Claim 25. The HVAC system of claim 21, wherein the plurality of operating modes comprise a third 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 third IAQ thresholds, wherein the one or more third IAQ thresholds are less stringent than the one or more second IAQ thresholds, supra claim 5
Claims 7 and 26 are r ejected under 35 U.S.C. 103 as being unpatentable over Nesler et al. (PG/PUB 20210356153) in view over Holm et al. (PG/PUB 20150011154) in view over Risbeck et al. (PG/PUB 20240176319) in view over Zhang (USPN 10578522)
Claim 7. The method of claim 1 but does not expressly teach the 2.5PN and TVOC limitations described below. Zhang teaches the PM2.5 and TVOC limitations described below
wherein the IAQ contaminants comprise CO2, PM2.5 and TVOC, each with a corresponding first IAQ threshold and a corresponding second IAQ threshold (supra claim 1, Zhang, ABSTRACT)
One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Zhang, namely including PM2.5 and TVOC contaminants, to the teachings of Nesler, namely assigning threshold levels to contaminants, would achieve an expected and predictable result of implementing ventilation modes based upon specific contaminants. Zhang is in the same field of endeavor and pertinent to problem of air quality as described, ABSTRACT.
Claim 26. The HVAC system of claim 2 but does not teach the PM2.5 and TVOC limitations described below. Zhang teaches the PM2.5 and TVOC limitations described below, wherein the IAQ contaminants comprise C02, PM2.5 and TVOC, each with a corresponding first IAQ threshold and a corresponding second IAQ threshold, supra claim 7, 1, Zhang, ABSTRACT
One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Zhang, namely including PM2.5 and TVOC contaminants, to the teachings of Nesler, namely assigning threshold levels to contaminants, would achieve an expected and predictable result of implementing ventilation modes based upon specific contaminants. Zhang is in the same field of endeavor and pertinent to problem of air quality as described, ABSTRACT.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Claim 1 relevancy
20130226359 -0006-0007: 20240176319-0055 0198 20150011154 20230011991
Claim 5 relevancy
20240019158 -0100 20230011991 -0045-46 20220154956
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/DARRIN D DUNN/Patent Examiner, Art Unit 2117