DETAILED ACTION
The following is an initial Office Action upon examination of the above-identified application on the merits, per a provisional election made during a telephone interview with Andrew McAleavy (Reg. No. 50,535) on 27 August 2025. Claims 1-11 are pending in this application. Claims 5 and 7-9 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking. Claims 1-4, 6, 10, and 11 were elected with traverse for prosecution as set forth below.
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 .
Election/Restriction
This application contains claims directed to the following patentably distinct species:
species a) drawn to controlling a fan in a forward rotation and another fan in a reverse rotation in an internal circulation fan in response to exceeding a preset time range, a difference between a current temperature maximum value and a current temperature average value is not less than a first temperature value, and the current temperature maximum value is not greater than a preset temperature maximum value; and controlling the internal circulation fan to stop working in response to a difference between the current temperature maximum value and the current temperature average value is not greater than a second temperature value (U.S. Patent Publication No. 2024/0353877 A1: pg. 4, par. [0060], pg. 5, par. [0063], and Fig. 3 (e.g. claims 1, 2, 4, 5, 10 and 11 - It is noted that the claims are NOT considered to be a part of species a) but have been shown as such parenthetically to more clearly communicate which claims will be examined upon election.))
species b) drawn to controlling a fan in a forward rotation and another fan in a reverse rotation in an internal circulation fan and further controlling an air conditioner to turn on cooling in response to exceeding a preset time range, a difference between a current temperature maximum value and a current temperature average value is not less than a first temperature value, and the current temperature maximum value is greater than a preset temperature maximum value and a current temperature rise rate is less than a temperature rise rate threshold; controlling the air conditioner to stop cooling work in response to the current temperature maximum value is not greater than a third temperature value; and controlling the internal circulation fan to stop working in response to a difference between the current temperature maximum value and the current temperature average value is not greater than a second temperature value (U.S. Patent Publication No. 2024/0353877 A1: pg. 5, par. [0067] and [0070], and Fig. 5 (e.g. claims 1-4, 6, 10 and 11 - It is noted that the claims are NOT considered to be a part of species b) but have been shown as such parenthetically to more clearly communicate which claims will be examined upon election.))
species c) drawn to controlling an air conditioner to turn on cooling in response to exceeding a preset time range, a difference between a current temperature maximum value and a current temperature average value is less than a first temperature value, and the current temperature maximum value is greater than a preset temperature maximum value and a current temperature rise rate is less than a temperature rise rate threshold; and controlling the air conditioner to stop cooling work in response to the current temperature maximum value is not greater than a third temperature value (U.S. Patent Publication No. 2024/0353877 A1: pg. 5, par. [0075] and [0078], and Fig. 7 (e.g. claims 1-4, 7, 10 and 11 - It is noted that the claims are NOT considered to be a part of species c) but have been shown as such parenthetically to more clearly communicate which claims will be examined upon election.))
species d) drawn to controlling an external circulation fan to start working in response to exceeding a preset time range, a current temperature maximum value is greater than a preset temperature maximum value, and a current temperature rise rate is greater than a temperature rise rate threshold; reducing a charging and discharging power in an energy storage container in response to the current temperature rise rate is not less than the temperature rise rate threshold; and disconnecting a high pressure in the energy storage container and sending out a temperature anomaly warning message in response to the current temperature rise rate is not less than the temperature rise rate threshold (U.S. Patent Publication No. 2024/0353877 A1: pg. 6, par. [0083], [0086], and [0087] and Fig. 9 (e.g. claims 1-4, 8, 10 and 11 - It is noted that the claims are NOT considered to be a part of species d) but have been shown as such parenthetically to more clearly communicate which claims will be examined upon election.))
species e) drawn to controlling a fan in a forward rotation and another fan in a reverse rotation in an internal circulation fan and further controlling an air conditioner to turn on heating in response to exceeding a preset time range and a current temperature minimum value is not greater than a preset temperature minimum value; controlling the air conditioner to stop heating in response to the current temperature minimum value is greater than a fourth temperature value; and controlling the internal circulation fan to stop working in response to a difference between the current temperature average value and the current temperature minimum value is not greater than a second temperature value (U.S. Patent Publication No. 2024/0353877 A1: pg. 6, par. [0083], [0086], and [0087] and Fig. 9 (e.g. claims 1, 2, 4, 9, 10 and 11 - It is noted that the claims are NOT considered to be a part of species e) but have been shown as such parenthetically to more clearly communicate which claims will be examined upon election.))
The species are independent or distinct because the claims to the different species recite mutually exclusive characteristics of recognizing a surpassed preset time range, a difference between a current temperature maximum value and a current temperature average value is not less than a first temperature value, and the current temperature maximum value is not greater than a preset temperature maximum value for operating two separate fans in an internal circulation fan in opposite directions; and recognizing a difference between the current temperature maximum value and the current temperature average value is not greater than a second temperature value for halting the internal circulation fan in species a); and recognizing a surpassed a preset time range, a difference between a current temperature maximum value and a current temperature average value is not less than a first temperature value, and the current temperature maximum value is greater than a preset temperature maximum value and a current temperature rise rate is less than a temperature rise rate threshold for operating two separate fans of an internal circulation fan in opposite directions and starting an air conditioner to cool an enclosure; and recognizing a difference between the current temperature maximum value and the current temperature average value is not greater than a second temperature value for halting the internal circulation fan in species b). In addition, these species are not obvious variants of each other based on the current record.
The species are independent or distinct because the claims to the different species recite mutually exclusive characteristics of recognizing a surpassed preset time range, a difference between a current temperature maximum value and a current temperature average value is not less than a first temperature value, and the current temperature maximum value is not greater than a preset temperature maximum value for operating two separate fans in an internal circulation fan in opposite directions; and recognizing a difference between the current temperature maximum value and the current temperature average value is not greater than a second temperature value for halting the internal circulation fan in species a); and recognizing a surpassed preset time range, a difference between a current temperature maximum value and a current temperature average value is less than a first temperature value, and the current temperature maximum value is greater than a preset temperature maximum value and a current temperature rise rate is less than a temperature rise rate threshold for starting an air conditioner to cool an enclosure; and recognizing the current temperature maximum value is not greater than a third temperature value for halting the air conditioner in species c). In addition, these species are not obvious variants of each other based on the current record.
The species are independent or distinct because the claims to the different species recite mutually exclusive characteristics of recognizing a surpassed preset time range, a difference between a current temperature maximum value and a current temperature average value is not less than a first temperature value, and the current temperature maximum value is not greater than a preset temperature maximum value for operating two separate fans in an internal circulation fan in opposite directions; and recognizing a difference between the current temperature maximum value and the current temperature average value is not greater than a second temperature value for halting the internal circulation fan in species a); and recognizing a surpassed preset time range, a current temperature maximum value is greater than a preset temperature maximum value, and a current temperature rise rate is greater than a temperature rise rate threshold for starting an external circulation fan; recognizing the current temperature rise rate is not less than the temperature rise rate threshold for reducing a charging and discharging power in an energy storage container; and recognizing the current temperature rise rate is not less than the temperature rise rate threshold for disconnecting a high pressure in the energy storage container and sending out a temperature anomaly warning message in species d). In addition, these species are not obvious variants of each other based on the current record.
The species are independent or distinct because the claims to the different species recite mutually exclusive characteristics of recognizing a surpassed preset time range, a difference between a current temperature maximum value and a current temperature average value is not less than a first temperature value, and the current temperature maximum value is not greater than a preset temperature maximum value for operating two separate fans in an internal circulation fan in opposite directions; and recognizing a difference between the current temperature maximum value and the current temperature average value is not greater than a second temperature value for halting the internal circulation fan in species a); and recognizing a surpassed preset time range and a current temperature minimum value is not greater than a preset temperature minimum value for operating two separate fans in an internal circulation fan in opposite directions and further starting an air conditioner to heat an enclosure; recognizing the current temperature minimum value is greater than a fourth temperature value for halting the air conditioner; and recognizing a difference between the current temperature average value and the current temperature minimum value is not greater than a second temperature value for halting the internal circulation fan in species e). In addition, these species are not obvious variants of each other based on the current record.
The species are independent or distinct because the claims to the different species recite mutually exclusive characteristics of recognizing a surpassed a preset time range, a difference between a current temperature maximum value and a current temperature average value is not less than a first temperature value, the current temperature maximum value is greater than a preset temperature maximum value, and a current temperature rise rate is less than a temperature rise rate threshold for operating two separate fans of an internal circulation fan in opposite directions and starting an air conditioner to cool an enclosure; recognizing the current temperature value is not greater than a third temperature value for halting the air conditioner; and recognizing a difference between the current temperature maximum value and the current temperature average value is not greater than a second temperature value for halting the internal circulation fan in species b); and recognizing a surpassed preset time range, a difference between a current temperature maximum value and a current temperature average value is less than a first temperature value, and the current temperature maximum value is greater than a preset temperature maximum value and a current temperature rise rate is less than a temperature rise rate threshold for starting an air conditioner to cool an enclosure; and recognizing the current temperature maximum value is not greater than a third temperature value for halting the air conditioner in species c). In addition, these species are not obvious variants of each other based on the current record.
The species are independent or distinct because the claims to the different species recite mutually exclusive characteristics of recognizing a surpassed a preset time range, a difference between a current temperature maximum value and a current temperature average value is not less than a first temperature value, the current temperature maximum value is greater than a preset temperature maximum value, and a current temperature rise rate is less than a temperature rise rate threshold for operating two separate fans of an internal circulation fan in opposite directions and starting an air conditioner to cool an enclosure; recognizing the current temperature value is not greater than a third temperature value for halting the air conditioner; and recognizing a difference between the current temperature maximum value and the current temperature average value is not greater than a second temperature value for halting the internal circulation fan in species b); and recognizing a surpassed preset time range, a current temperature maximum value is greater than a preset temperature maximum value, and a current temperature rise rate is greater than a temperature rise rate threshold for starting an external circulation fan; recognizing the current temperature rise rate is not less than the temperature rise rate threshold for reducing a charging and discharging power in an energy storage container; and recognizing the current temperature rise rate is not less than the temperature rise rate threshold for disconnecting a high pressure in the energy storage container and sending out a temperature anomaly warning message in species d). In addition, these species are not obvious variants of each other based on the current record.
The species are independent or distinct because the claims to the different species recite mutually exclusive characteristics of recognizing a surpassed a preset time range, a difference between a current temperature maximum value and a current temperature average value is not less than a first temperature value, the current temperature maximum value is greater than a preset temperature maximum value, and a current temperature rise rate is less than a temperature rise rate threshold for operating two separate fans of an internal circulation fan in opposite directions and starting an air conditioner to cool an enclosure; recognizing the current temperature value is not greater than a third temperature value for halting the air conditioner; and recognizing a difference between the current temperature maximum value and the current temperature average value is not greater than a second temperature value for halting the internal circulation fan in species b); and recognizing a surpassed preset time range and a current temperature minimum value is not greater than a preset temperature minimum value for operating two separate fans in an internal circulation fan in opposite directions and further starting an air conditioner to heat an enclosure; recognizing the current temperature minimum value is greater than a fourth temperature value for halting the air conditioner; and recognizing a difference between the current temperature average value and the current temperature minimum value is not greater than a second temperature value for halting the internal circulation fan in species e). In addition, these species are not obvious variants of each other based on the current record.
The species are independent or distinct because the claims to the different species recite mutually exclusive characteristics of recognizing a surpassed preset time range, a difference between a current temperature maximum value and a current temperature average value is less than a first temperature value, and the current temperature maximum value is greater than a preset temperature maximum value and a current temperature rise rate is less than a temperature rise rate threshold for starting an air conditioner to cool an enclosure; and recognizing the current temperature maximum value is not greater than a third temperature value for halting the air conditioner in species c); and recognizing a surpassed preset time range, a current temperature maximum value is greater than a preset temperature maximum value, and a current temperature rise rate is greater than a temperature rise rate threshold for starting an external circulation fan; recognizing the current temperature rise rate is not less than the temperature rise rate threshold for reducing a charging and discharging power in an energy storage container; and recognizing the current temperature rise rate is not less than the temperature rise rate threshold for disconnecting a high pressure in the energy storage container and sending out a temperature anomaly warning message in species d). In addition, these species are not obvious variants of each other based on the current record.
The species are independent or distinct because the claims to the different species recite mutually exclusive characteristics of recognizing a surpassed preset time range, a difference between a current temperature maximum value and a current temperature average value is less than a first temperature value, and the current temperature maximum value is greater than a preset temperature maximum value and a current temperature rise rate is less than a temperature rise rate threshold for starting an air conditioner to cool an enclosure; and recognizing the current temperature maximum value is not greater than a third temperature value for halting the air conditioner in species c); and recognizing a surpassed preset time range and a current temperature minimum value is not greater than a preset temperature minimum value for operating two separate fans in an internal circulation fan in opposite directions and further starting an air conditioner to heat an enclosure; recognizing the current temperature minimum value is greater than a fourth temperature value for halting the air conditioner; and recognizing a difference between the current temperature average value and the current temperature minimum value is not greater than a second temperature value for halting the internal circulation fan in species e). In addition, these species are not obvious variants of each other based on the current record.
The species are independent or distinct because the claims to the different species recite mutually exclusive characteristics of recognizing a surpassed preset time range, a current temperature maximum value is greater than a preset temperature maximum value, and a current temperature rise rate is greater than a temperature rise rate threshold for starting an external circulation fan; recognizing the current temperature rise rate is not less than the temperature rise rate threshold for reducing a charging and discharging power in an energy storage container; and recognizing the current temperature rise rate is not less than the temperature rise rate threshold for disconnecting a high pressure in the energy storage container and sending out a temperature anomaly warning message in species d); and recognizing a surpassed preset time range and a current temperature minimum value is not greater than a preset temperature minimum value for operating two separate fans in an internal circulation fan in opposite directions and further starting an air conditioner to heat an enclosure; recognizing the current temperature minimum value is greater than a fourth temperature value for halting the air conditioner; and recognizing a difference between the current temperature average value and the current temperature minimum value is not greater than a second temperature value for halting the internal circulation fan in species e). In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, 1, 2, 4, 10, and 11 are generic.
There is a serious search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply:
the species or groupings of patentably indistinct species have acquired a separate status in the art in view of their different classification;
the species or groupings of patentably indistinct species have acquired a separate status in the art due to their recognized divergent subject matter; and/or
the species or groupings of patentably indistinct species require a different field of search: species a): ((exceed$5 surpass$5 above over beyond more greater higher larg$5) with ((time) near2 (interval range period span) or time-frame time adj frame) and (differen$7 variance variation divergence deviat$5 differ) with (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with (temperature thermal) near2 (averag$5 mean median) with (exceed$5 surpass$5 above over beyond more greater higher larg$5) near2 (initial first) near2 (temperature temperature near2 value) and (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with (under less lower smaller) with (preestablish$5 preset$5 predetermined predefined user) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) and (fan cool$5) near2 forward near2 (rotat$5 mov$6) same (fan cool$5) near2 (reverse backward) near2 (rotat$5 mov$5) and (differen$7 variance variation divergence deviat$5 differ) with (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with (temperature thermal) near2 (averag$5 mean median) with (under less lower smaller) with (different disparate second$5 another) near2 (temperature temperature near2 value) and (halt$5 stop$5 cease quit imped$5 suspend$5 prohibit) with fan)); and (((exceed$5 surpass$5 above over beyond more greater higher larg$5) with ((time) near2 (interval range period span) or time-frame time adj frame) same ((differen$7 variance variation divergence deviat$5 differ) with (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with (temperature thermal) near2 (averag$5 mean median) with (exceed$5 surpass$5 above over beyond more greater higher larg$5) near2 (initial first) near2 (temperature temperature near2 value) same (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with (under less lower smaller) with (preestablish$5 preset$5 predetermined predefined user) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) same (fan cool$5) near2 forward near2 (rotat$5 mov$6) same (fan cool$5) near2 (reverse backward) near2 (rotat$5 mov$5) and (differen$7 variance variation divergence deviat$5 differ) with (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with (temperature thermal) near2 (averag$5 mean median) with (under less lower smaller) with (different disparate another second$5) near2 (temperature temperature near2 value) same (halt$5 stop$5 cease quit imped$5 suspend$5 prohibit) with fan)) and (((air circula$5 ventil$7) near fan) or blower) with (plural$5 multipl$5 many several various numerous)); species b): ((exceed$5 surpass$5 above over beyond more greater higher larg$5) with ((time) near2 (interval range period span) or time-frame time adj frame) and (differen$7 variance variation divergence deviat$5 differ) with (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with (temperature thermal) near2 (averag$5 mean median) with (exceed$5 surpass$5 above over beyond more greater higher larg$5) near2 (initial first) near2 (temperature temperature near2 value) and (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with ((exceed$5 surpass$5 above over beyond more greater higher larg$5) with (preestablish$5 preset$5 predetermined predefined user) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) and (measur$5 current present sensor) near2 (temperature thermal) near2 (rise) near rate with (under less lower smaller) with (temperature thermal) near2 (rise) near rate near2 (threshold setpoint limit set-point set adj point target desired adj value) and (fan cool$5) near2 forward near2 (rotat$5 mov$6) same (fan cool$5) near2 (reverse backward) near2 (rotat$5 mov$5) and (air adj condition$5 cooling hvac air-condition$5) with (turn$5-on start$5 initia$6 start-up commen$5) and (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with (under less lower smaller) with (third another different disparate tertiary) near2 (temperature temperature near2 value) and (halt$5 stop$5 cease quit imped$5 suspend$5 prohibit) with (air adj condition$5 cooling hvac air-condition$5))) and (differen$7 variance variation divergence deviat$5 differ) with (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with (temperature thermal) near2 (averag$5 mean median) with (under less lower smaller) with (different disparate second$5) near2 (temperature temperature near2 value) and (halt$5 stop$5 cease quit imped$5 suspend$5 prohibit) with fan)); and ((exceed$5 surpass$5 above over beyond more greater higher larg$5) with ((time) near2 (interval range period span) or time-frame time adj frame) same ((differen$7 variance variation divergence deviat$5 differ) with (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with (temperature thermal) near2 (averag$5 mean median) with (exceed$5 surpass$5 above over beyond more greater higher larg$5) near2 (initial first) near2 (temperature temperature near2 value) same (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with ((exceed$5 surpass$5 above over beyond more greater higher larg$5) with (preestablish$5 preset$5 predetermined predefined user) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) same (measur$5 current present sensor) near2 (temperature thermal) near2 (rise) near2 rate with (under less lower smaller) with (temperature thermal) near2 (rise) near rate near2 (threshold setpoint limit set-point set adj point target desired adj value) same (fan cool$5) near2 forward near2 (rotat$5 mov$6) same (fan cool$5) near2 (reverse backward) near2 (rotat$5 mov$5) same (air adj condition$5 cooling hvac air-condition$5) with (turn$5-on start$5 initia$6 start-up commen$5) and (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with (under less lower smaller) with (third another different disparate tertiary) near2 (temperature temperature near2 value) same (halt$5 stop$5 cease quit imped$5 suspend$5 prohibit) with (air adj condition$5 cooling hvac air-condition$5))) and (differen$7 variance variation divergence deviat$5 differ) with (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with (temperature thermal) near2 (averag$5 mean median) with (under less lower smaller) with (different disparate second$5) near2 (temperature temperature near2 value) and (halt$5 stop$5 cease quit imped$5 suspend$5 prohibit) with fan)); species c: ((exceed$5 surpass$5 above over beyond more greater higher larg$5) with ((time) near2 (interval range period span) or time-frame time adj frame) and (differen$7 variance variation divergence deviat$5 differ) with (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with (temperature thermal) near2 (averag$5 mean median) with (exceed$5 surpass$5 above over beyond more greater higher larg$5) near2 (initial first) near2 (temperature temperature near2 value) and (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with ((exceed$5 surpass$5 above over beyond more greater higher larg$5) with (preestablish$5 preset$5 predetermined predefined user) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) and (measur$5 current present sensor) near2 (temperature thermal) near2 (rise) near rate with (under less lower smaller) with (temperature thermal) near2 (threshold setpoint limit set-point set adj point target desired adj value) and (air adj condition$5 cooling hvac air-condition$5) with (turn$5-on start$5 initia$6 start-up commen$5) and (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with (under less lower smaller) with (third another different disparate tertiary) near2 (temperature temperature near2 value) and (halt$5 stop$5 cease quit imped$5 suspend$5 prohibit) with (air adj condition$5 cooling hvac air-condition$5))); and ((exceed$5 surpass$5 above over beyond more greater higher larg$5) with ((time) near2 (interval range period span) or time-frame time adj frame) same (differen$7 variance variation divergence deviat$5 differ) with (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with (temperature thermal) near2 (averag$5 mean median) with (exceed$5 surpass$5 above over beyond more greater higher larg$5) near2 (initial first) near2 (temperature temperature near2 value) same (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with ((exceed$5 surpass$5 above over beyond more greater higher larg$5) with (preestablish$5 preset$5 predetermined predefined user) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) and (measur$5 current present sensor) near2 (temperature thermal) near2 (rise) near rate with (under less lower smaller) with (temperature thermal) near2 (threshold setpoint limit set-point set adj point target desired adj value) same (air adj condition$5 cooling hvac air-condition$5) with (turn$5-on start$5 initia$6 start-up commen$5) and (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with (under less lower smaller) with (third another different disparate tertiary) near2 (temperature temperature near2 value) same (halt$5 stop$5 cease quit imped$5 suspend$5 prohibit) with (air adj condition$5 cooling hvac air-condition$5))); and species d: ((exceed$5 surpass$5 above over beyond more greater higher larg$5) with ((time) near2 (interval range period span) or time-frame time adj frame) and (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with (exceed$5 surpass$5 above over beyond more greater higher larg$5) with (preestablish$5 preset$5 predetermined predefined user) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) and (measur$5 current present sensor) near2 (temperature thermal) near2 rise near rate with (exceed$5 surpass$5 above over beyond more greater higher larg$5) with (temperature thermal) near2 rise near rate near2 (threshold setpoint limit set-point set adj point target desired adj value) and (fan cool$5) with (turn$5-on start$5 initia$6 start-up commen$5) and (temperature thermal) near2 rise near rate with (under less lower smaller) with (temperature thermal) near2 rise near rate near2 (threshold setpoint limit set-point set adj point target desired adj value) and (reduc$5 lower$5 minimiz$5 mitigat$5 lessen curtail$5 limit$5) with (charg$5 and discharg$5) near2 (power energy) and (temperature thermal) near2 rise near rate with (exceed$5 surpass$5 above over beyond more greater higher larg$5) with (temperature thermal) near2 rise near rate near2 (threshold setpoint limit set-point set adj point target desired adj value) and (remov$5 disconnect$5 detach$5 disengag$5 uncoupl$5 unbind$5) with pressure and (anoml$6 fault$5 error irregular$5 warn$5 flaw fail$5 deficien$5) with (messag$5 notifi$5 communicat$5 report$5 information); and ((exceed$5 surpass$5 above over beyond more greater higher larg$5) with ((time) near2 (interval range period span) or time-frame time adj frame) same (measur$5 current present sensor) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) with (exceed$5 surpass$5 above over beyond more greater higher larg$5) with (preestablish$5 preset$5 predetermined predefined user) near2 (temperature thermal) near2 (maximum peak greatest highest maximal extreme upper) same (measur$5 current present sensor) near2 (temperature thermal) near2 rise near rate with (exceed$5 surpass$5 above over beyond more greater higher larg$5) with (temperature thermal) near2 rise near rate near2 (threshold setpoint limit set-point set adj point target desired adj value) same (fan cool$5) with (turn$5-on start$5 initia$6 start-up commen$5) and (temperature thermal) near2 rise near rate with (under less lower smaller) with (temperature thermal) near2 rise near rate near2 (threshold setpoint limit set-point set adj point target desired adj value) same (reduc$5 lower$5 minimiz$5 mitigat$5 lessen curtail$5 limit$5) with (charg$5 and discharg$5) near2 (power energy) and (temperature thermal) near2 rise near rate with (exceed$5 surpass$5 above over beyond more greater higher larg$5) with (temperature thermal) near2 rise near rate near2 (threshold setpoint limit set-point set adj point target desired adj value) same (remov$5 disconnect$5 detach$5 disengag$5 uncoupl$5 unbind$5) with pressure same (anoml$6 fault$5 error irregular$5 warn$5 flaw fail$5 deficien$5) with (messag$5 notifi$5 communicat$5 report$5 information)); species e: ((exceed$5 surpass$5 above over beyond more greater higher larg$5) with ((time) near2 (interval range period span) or time-frame time adj frame) and (measur$5 current present sensor) near2 (temperature thermal) near2 (minimum least low$5 small$5 fewest minimal) with (under less lower smaller) with (preestablish$5 preset$5 predetermined predefined user) near2 (temperature thermal) near2 (minimum least low$5 small$5 fewest minimal) and (fan cool$5) near2 forward near2 (rotat$5 mov$6) same (fan cool$5) near2 (reverse backward) near2 (rotat$5 mov$5) and (air adj condition$5 heat$5 hvac air-condition$5) with (turn$5-on start$5 initia$6 start-up commen$5) and (measur$5 current present sensor) near2 (temperature thermal) near2 (minimum least low$5 small$5 fewest minimal) with (exceed$5 surpass$5 above over beyond more greater higher larg$5) with (different disparate another four$5) near2 (temperature temperature near2 value) and (halt$5 stop$5 cease quit imped$5 suspend$5 prohibit) with (air adj condition$5 heat$ hvac air-condition$5) and (measur$5 current present sensor) near2 (temperature thermal) near2 (minimum least low$5 small$5 fewest minimal) with (differen$7 variance variation divergence deviat$5 differ) with (measur$5 current present sensor) near2 (temperature thermal) near2 (averag$5 mean median) with (measur$5 current present sensor) near2 (temperature thermal) near2 (minimum least low$5 small$5 fewest minimal) with (under less lower smaller) with (different disparate second$5) near2 (temperature temperature near2 value) and (halt$5 stop$5 cease quit imped$5 suspend$5 prohibit) with fan)); and ((exceed$5 surpass$5 above over beyond more greater higher larg$5) with ((time) near2 (interval range period span) or time-frame time adj frame) same (measur$5 current present sensor) near2 (temperature thermal) near2 (minimum least low$5 small$5 fewest minimal) with (under less lower smaller) with (preestablish$5 preset$5 predetermined predefined user) near2 (temperature thermal) near2 (minimum least low$5 small$5 fewest minimal) same (fan cool$5) near2 forward near2 (rotat$5 mov$6) same (fan cool$5) near2 (reverse backward) near2 (rotat$5 mov$5) same (air adj condition$5 heat$5 hvac air-condition$5) with (turn$5-on start$5 initia$6 start-up commen$5) and (measur$5 current present sensor) near2 (temperature thermal) near2 (minimum least low$5 small$5 fewest minimal) with (exceed$5 surpass$5 above over beyond more greater higher larg$5) with (different disparate another four$5) near2 (temperature temperature near2 value) same (halt$5 stop$5 cease quit imped$5 suspend$5 prohibit) with (air adj condition$5 heat$ hvac air-condition$5) and (differen$7 variance variation divergence deviat$5 differ) with (measur$5 current present sensor) near2 (temperature thermal) near2 (averag$5 mean median) with (measur$5 current present sensor) near2 (temperature thermal) near2 (minimum least low$5 small$5 fewest minimal) with (under less lower smaller) with (different disparate second$5) near2 (temperature temperature near2 value) same (halt$5 stop$5 cease quit imped$5 suspend$5 prohibit) with fan)).
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the election of species requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected species or grouping of patentably indistinct species.
Should applicant traverse on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
During a telephone conversation with Andrew McAleavy (Reg. No. 50,535) on 27 August 2025 a provisional election was made with traverse to prosecute the invention of species b). Affirmation of this election must be made by applicant in replying to this Office action. Claims 5 and 7-9 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Claim Interpretation
Claim 11 recites: “… the energy storage container temperature control method as claimed in claim 1 can be implemented” in line 4. The recitation of “can be” does not positively recite the subsequent limitation of “… the energy storage container temperature control method as claimed in claim 1 … implemented” as occurring.
Examiner Notes: a) The Examiner notes Applicant's use of the term “capable of” in claim 11. The Applicant is reminded that use of the "capable of" does not exclude the definition/interpretation of optional components and/or steps, i.e. the apparatus, system or method may or may not have the components and/or steps, per MPEP 2111.04, recited below for convenience:
2111.04 [R-3] “Adapted to,” “Adapted for,” “Wherein,” and “Whereby” Clauses
Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure. However, examples of claim language, although not exhaustive, that may raise a question as to the limiting effect of the language in a claim are:
(A) “ adapted to ” or “adapted for ” clauses;
(B) “ wherein ” clauses; and
(C) “ whereby ” clauses.
The determination of whether each of these clauses is a limitation in a claim depends on the specific facts of the case. In Hoffer v. Microsoft Corp., 405 F.3d 1326, 1329, 74 USPQ2d 1481, 1483 (Fed. Cir. 2005), the court held that when a “whereby’ clause states a condition that is material to patentability, it cannot be ignored in order to change the substance of the invention.” Id. However, the court noted (quoting Minton v. Nat ’l Ass ’n of Securities Dealers, Inc., 336 F.3d 1373, 1381, 67 USPQ2d 1614, 1620 (Fed. Cir. 2003)) that a “whereby clause in a method claim is not given weight when it simply expresses the intended result of a process step positively recited.’”
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a first acquisition device” in claim 10, “a second acquisition device” in claim 10, and “a control device” in claim 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claims 3, 4, 6, and 10 are objected to because of the following informalities:
Claim 3 includes the punctuation issue of “the energy storage container, and …” in line 3. Suggested claim language: “the energy storage container; and …”; and has been interpreted as such for the purpose of examination.
Claim 1 recites “obtaining a current temperature parameter …” in line 2 and claim 4 recites “the step of obtaining a current temperature parameter …” in line 2. The limitation of “the step” in claim 4 lacks antecedent support and the limitation of “… a current temperature parameter …” has antecedent support from the recitation of “a current temperature parameter” in claim 1. Suggested claim language: “the obtaining of the current temperature parameter …” in claim 4; and has been interpreted as such for the purpose of examination.
Claim 4 includes the grammatical issue “sorting the N temperature values in descending order” in line 7. Suggested claim language: “sorting the N temperature values in a descending order”; and has been interpreted as such for the purpose of examination.
Claim 1 recites “controlling an air conditioner, an internal circulation fan and an external circulation fan …” in lines 6-7 and claim 6 recites “the step of controlling an air conditioner, an internal circulation fan and an external circulation fan …” in lines 2-3. The limitation of “the step” in claim 6 lacks antecedent support and the limitation of “… an air conditioner, an internal circulation fan and an external circulation fan” has antecedent support from the recitation of “… an air conditioner, an internal circulation fan and an external circulation fan” in claim 1. Suggested claim language: “the controlling of the air conditioner, the internal circulation fan and the external circulation fan …” in claim 6; and has been interpreted as such for the purpose of examination.
Claim 6 recites the grammatical issues of “… controlling one fan to be in forward rotation and another fan to be in reverse rotation in the internal circulation fan …” in lines 9-10. Suggested claim language: “… controlling one fan in forward rotation and another fan in reverse rotation in the internal circulation fan …”; and has been interpreted as such for the purpose of examination.
Claim 6 recites the spelling issue of “toa” in line 14. Suggested claim language: “… to a …”; and has been interpreted as such for the purpose of examination.
Claim 10 includes the punctuation errors of “a first acquisition device, for …” in line 2, “a second acquisition device, for …” in line 4, and “a control device, for …” in line 7. Suggested claim language: “a first acquisition device for …” in line 2, “a second acquisition device for …” in line 4, and “a control device for …” 7 and has been interpreted as such for the purpose of examination.
Appropriate correction is required.
Examiner’s Note: The claims are replete with grammatical and antecedent errors. The Applicant is respectfully encouraged to carefully review the claims for any further issues that were inadvertently omitted by the Examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 10 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The breath of claim 10 with respect to the claim interpretations of “a first acquisition device” in claim 10, “a second acquisition device” in claim 10, and “a control device” in claim 10 are unknown since the specification as filed neither recites clear structure for the “first acquisition device” in claim 10, “second acquisition device” in claim 10, and “control device” in claim 10 nor an algorithm that a computer uses to perform the claimed functions as recited in claim 10. The Examiner notes the Specification (see U.S. Patent Publication No. 2024/0353877 A1) recites the functionalities of “first acquisition device”, “second acquisition device”, and “control device”; however, the Specification does not expressly indicate any particular structure for the “first acquisition device”, “second acquisition device”, and “control device” or algorithms that a computer uses to perform the claim functionalities of the “first acquisition device” on pg. 7, par. [0099], “second acquisition device” on pg. 7, par. [0100], and “control device” on pg. 7, par. [0101]. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
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.
Claim 10 is 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.
Claim limitations “a first acquisition device” in claim 10, “a second acquisition device” in claim 10, and “a control device” in claim 10 invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The breath of claim 10 with respect to the claim interpretations of “a first acquisition device” in claim 10, “a second acquisition device” in claim 10, and “a control device” in claim 10 are unknown since the specification as filed neither recites clear structure for the “first acquisition device” in claim 10, “second acquisition device” in claim 10, and “control device” in claim 10 nor an algorithm that a computer uses to perform the claimed functions as recited in claim 10. The Examiner notes the Specification (see U.S. Patent Publication No. 2024/0353877 A1) recites the functionalities of “first acquisition device”, “second acquisition device”, and “control device”; however, the Specification does not expressly indicate any particular structure for the “first acquisition device”, “second acquisition device”, and “control device” or algorithms that a computer uses to perform the claim functionalities of the “first acquisition device” on pg. 7, par. [0099], “second acquisition device” on pg. 7, par. [0100], and “control device” on pg. 7, par. [0101]. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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.
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.
Claims 1, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over European Patent Publication No. EP 2 407 016 B1 (hereinafter Redshaw) in view of U.S. Patent Publication No. 2018/0095484 A1 (George) in further view of U.S. Patent Publication No. 2023/0243543 A1 (hereinafter Bush).
As per claim 1, Redshaw substantially teaches the claimed invention. Redshaw teaches the limitations of an energy storage container temperature control method, comprising:
obtaining a current temperature parameter in the energy storage container (col. 9, par. [0042]; i.e. “A typical controller will comprise a microprocessor having a number of inputs and outputs, the inputs being connected to one or more temperature sensors located in the enclosure 110, and the outputs configured to control operation of the air conditioner 130 and inlet fan 228, for example through control of one or more electrical relays.”);
using a preset threshold parameter of the energy storage container, wherein the preset threshold parameter comprises a preset temperature maximum value and a preset temperature minimum value (col. 6, par. [0029], col. 7, par. [0031], col. 9, par. [0042], and col. 11, claims 4 and 5; i.e. [0029]: “The equipment enclosure preferably comprises a temperature controller configured to disable the inlet fan when an air temperature within the enclosure falls below a preset level”, [0031]: “The enclosure preferably comprises an air conditioning unit configured to operate to cool air within the enclosure if an air temperature within the enclosure exceeds a maximum preset temperature. The air conditioning unit allows for the enclosure to be used in external environments when forced air cooling alone would be insufficient to maintain the internal volume of the enclosure within a preferred temperature range.” and [0042]: “A typical controller will comprise a microprocessor having a number of inputs and outputs, the inputs being connected to one or more temperature sensors located in the enclosure 110, and the outputs configured to control operation of the air conditioner 130 and inlet fan 228, for example through control of one or more electrical relays.”); and
controlling an air conditioner (Figs. 2 and 3, element 130; i.e. an air conditioning unit) and a fan (Figs. 2 and 3, element 228 ; i.e. an air inlet fan) of the energy storage container according to the current temperature parameter and the preset threshold parameter to control a temperature value in the energy storage container within a preset temperature range (col. 6, par. [0029], col. 9, lines [0041] and [0042] and cols. 10-11, par. [0046], col. 11, claims 4 and 5).
Not explicitly taught are obtaining a preset threshold parameter; and
controlling an internal circulation fan and an external circulation fan.
However George, in an analogous art of temperature control (pg. 1, par. [0002], teaches the missing limitation of obtaining a preset threshold parameter (pg. 2, par. [0019], pg. 2, par. [0027], pg. 8, par. [0076]; i.e. [0076]: “Display 202 provides the user with feedback based on the user's input into control unit 200 and by extension, system 300 (e.g., time for achieving desired settings, the temperature range desired, the current temperature, the desired humidity, the mode selected, etc.).”) for the purpose of operating a temperature control system with a temperature range (pg. 2, par. [0019]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Redshaw to include the addition of the limitation of obtaining a preset threshold parameter to advantageously reduce energy consumption required to control heating, cooling, and humidity levels of confined spaces to decrease energy demand, pollution, and energy costs (George: pg. 1, par. [0006]).
Redshaw in view of George does not expressly teach controlling an internal circulation fan and an external circulation fan.
However Bush, in an analogous art of fan control in an air conditioning system (pg. 5, par. [0051] and pg. 6, par. [0069]), teaches the missing limitation of controlling an internal circulation fan (Fig. 1, element 155; i.e. an indoor fan) and an external circulation fan (pg. 5, par. [0051] and [0056], pg. 6, par. [0067], [0069], and [0072], and Fig. 1, element 130; i.e. an outdoor fan; [0051]: “As shown in FIG. 1, the air conditioning system 100 includes an outdoor unit 110 and an indoor unit 115 connected by refrigerant pipes 120. The outdoor unit 110 includes an outdoor heat exchanger 125, an outdoor fan 130, a compressor 135, a four-way valve 140, an expansion valve 145, and an outdoor temperature sensor 180. The indoor unit 115 includes an indoor heat exchanger 150, an indoor fan 155, and an indoor temperature sensor 170.” and [0069]: “The controller 160 is configured to control the operation of the air conditioning system 100. It can include a processor 163 that generates signals to control the compressor 135, the indoor fan 155 and any other element that requires control signals and a memory 166 that stores information and operation programs.”) for the purpose of controlling an operation an indoor fan and an outdoor fan in an air conditioning system (pg. 1, par. [0001] and pg. 6, par. [0069] and [0072]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Redshaw in view of George to include the addition of the limitation of controlling an internal circulation fan and an external circulation fan to efficiently cool a space while maintaining a sensible heat factor low enough for part of a system cooling capacity to provide latent cooling to remove moisture from supply air being cooled (Bush: pg. 1, par. [0001]).
As per claim 10, Redshaw substantially teaches the claimed invention. Redshaw teaches the limitations of an energy storage container temperature control apparatus, comprising:
a first acquisition device (i.e. temperature sensors), for obtaining a current temperature parameter in an energy storage container (col. 9, par. [0042]; i.e. “Temperature sensors (not shown) may be located at appropriate places within and around the enclosure 110 to measure the temperature of air within the enclosure. Such sensors may be in the form of, for example, thermocouples or thermistors. … A typical controller will comprise a microprocessor having a number of inputs and outputs, the inputs being connected to one or more temperature sensors located in the enclosure 110, and the outputs configured to control operation of the air conditioner 130 and inlet fan 228, for example through control of one or more electrical relays.”);
a first acquisition device (i.e. a microprocessor of a controller), for using a preset threshold parameter in the energy storage container, wherein the preset threshold parameter comprises a preset temperature maximum value and a preset temperature minimum value (col. 6, par. [0029], col. 7, par. [0031], col. 9, par. [0042], and col. 11, claims 4 and 5; i.e. [0029]: “The equipment enclosure preferably comprises a temperature controller configured to disable the inlet fan when an air temperature within the enclosure falls below a preset level”, [0031]: “The enclosure preferably comprises an air conditioning unit configured to operate to cool air within the enclosure if an air temperature within the enclosure exceeds a maximum preset temperature. The air conditioning unit allows for the enclosure to be used in external environments when forced air cooling alone would be insufficient to maintain the internal volume of the enclosure within a preferred temperature range.” and [0042]: “A typical controller will comprise a microprocessor having a number of inputs and outputs, the inputs being connected to one or more temperature sensors located in the enclosure 110, and the outputs configured to control operation of the air conditioner 130 and inlet fan 228, for example through control of one or more electrical relays.”); and
a control device (i.e. a controller), for controlling an air conditioner (Figs. 2 and 3, element 130; i.e. an air conditioning unit) and a fan (Figs. 2 and 3, element 228 ; i.e. an air inlet fan) of the energy storage container based on the current temperature parameter and the preset threshold parameter, controlling a temperature value in the energy storage container within a preset temperature range (col. 6, par. [0029], col. 9, lines [0041] and [0042] and cols. 10-11, par. [0046], col. 11, claims 4 and 5).
Not explicitly taught are a second acquisition device, for obtaining a preset threshold parameter in the energy storage container; and
a control device, for controlling an internal circulation fan and an external circulation fan.
However George, in an analogous art of temperature control (pg. 1, par. [0002], teaches the missing limitation of an acquisition device (pg. 2, par. [0021] and Fig. 1, element 200; i.e. a control unit), for obtaining a preset threshold parameter (pg. 2, par. [0019], pg. 2, par. [0027], pg. 8, par. [0076]; i.e. [0076]: “Display 202 provides the user with feedback based on the user's input into control unit 200 and by extension, system 300 (e.g., time for achieving desired settings, the temperature range desired, the current temperature, the desired humidity, the mode selected, etc.).”) for the purpose of operating a temperature control system with a temperature range (pg. 2, par. [0019]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Redshaw to include the addition of the limitation of an acquisition device, for obtaining a preset threshold parameter to advantageously reduce energy consumption required to control heating, cooling, and humidity levels of confined spaces to decrease energy demand, pollution, and energy costs (George: pg. 1, par. [0006]).
Redshaw in view of George does not expressly teach a control device, for controlling an internal circulation fan and an external circulation fan.
However Bush, in an analogous art of fan control in an air conditioning system (pg. 5, par. [0051] and pg. 6, par. [0069]), teaches the missing limitation of a control device (Fig. 1, element 160; i.e. a controller), for controlling an internal circulation fan (Fig. 1, element 155; i.e. an indoor fan) and an external circulation fan (pg. 5, par. [0051] and [0056], pg. 6, par. [0067], [0069], and [0072], and Fig. 1, element 130; i.e. an outdoor fan; [0051]: “As shown in FIG. 1, the air conditioning system 100 includes an outdoor unit 110 and an indoor unit 115 connected by refrigerant pipes 120. The outdoor unit 110 includes an outdoor heat exchanger 125, an outdoor fan 130, a compressor 135, a four-way valve 140, an expansion valve 145, and an outdoor temperature sensor 180. The indoor unit 115 includes an indoor heat exchanger 150, an indoor fan 155, and an indoor temperature sensor 170.” and [0069]: “The controller 160 is configured to control the operation of the air conditioning system 100. It can include a processor 163 that generates signals to control the compressor 135, the indoor fan 155 and any other element that requires control signals and a memory 166 that stores information and operation programs.”) for the purpose of controlling an operation an indoor fan and an outdoor fan in an air conditioning system (pg. 1, par. [0001] and pg. 6, par. [0069] and [0072]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Redshaw in view of George to include the addition of the limitation of a control device, for controlling an internal circulation fan and an external circulation fan to efficiently cool a space while maintaining a sensible heat factor low enough for part of a system cooling capacity to provide latent cooling to remove moisture from supply air being cooled (Bush: pg. 1, par. [0001]).
As per claim 11, the limitation of “the energy storage container temperature control method as claimed in claim 1 can be implemented” stands rejected for the same rationale as set forth in claim 1 by virtue of its incorporation of the energy storage container temperature control method of claim 1.
Further, Redshaw does not expressly teach an electronic device, comprising: a memory, a processor and a computer program stored on the memory and capable of running on the processor, when the processor executes the computer program, a temperature control method can be implemented.
However George, in an analogous art of temperature control (pg. 2, par. [0023] and pg. 1, par. [0002], teaches the missing limitations of an electronic device (Fig. 5, element 300; i.e. a temperature control system), comprising: a memory (pg. 2, par. [0023] and Fig. 5, element 318), a processor (pg. 2, par. [0023] and Fig. 5, element 316) and a computer program stored on the memory and capable of running on the processor, when the processor executes the computer program, a temperature control method can be implemented (pg. 2, par. [0022]-[0024]) for the purpose of operating a temperature control system with a temperature range (pg. 2, par. [0019]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Redshaw to include the addition of the limitations of an electronic device, comprising: a memory, a processor and a computer program stored on the memory and capable of running on the processor, when the processor executes the computer program, a temperature control method can be implemented to advantageously reduce energy consumption required to control heating, cooling, and humidity levels of confined spaces to decrease energy demand, pollution, and energy costs (George: pg. 1, par. [0006]).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Redshaw in view of George in further view of Bush and U.S. Patent Publication No. 2021/0194076 A1 (hereinafter Wang).
As per claim 2, Redshaw in view of George in further view of Bush does not expressly teach the current temperature parameter in the energy storage container comprises a current temperature maximum value in the energy storage container, a current temperature minimum value in the energy storage container, and a current temperature average value in the energy storage container.
However Wang, in an analogous art of a temperature control system (pg. 1, par. [0008]), teaches to the limitation of a current temperature parameter in an energy storage container (Fig. 2, element 102; i.e. a container or enclosure of an energy storage system) comprises a current temperature maximum value in the energy storage container, a current temperature minimum value in the energy storage container, and a current temperature average value in the energy storage container (pg. 2, par. [0028] and pg. 3, par. [0038]; i.e. “Based on these temperature measurements, each battery management system 310 provides signals to the container temperature controller 312 including at least one of the median temperature, mean temperature, maximum temperature, and minimum temperature of the batteries 120 of each respect battery module string 104, as best shown in FIG. 1.”) for the purpose of controlling temperature and management of in a container of an energy storage system (pg. 3, par. [0035]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Redshaw in view of George in further view of Bush to include the addition of the limitation of a current temperature parameter in an energy storage container comprises a current temperature maximum value in the energy storage container, a current temperature minimum value in the energy storage container, and a current temperature average value in the energy storage container to advantageously improve temperature control of energy storage systems to increase battery life (Wang: pg. 1, par. [0006] and [0007]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Redshaw in view of George in further view of Bush, Wang, and U.S. Patent Publication No. 20210170908 A1 (Villanueva).
As per claim 3, Redshaw in view of George in further view of Bush and Wang does not expressly teach the current temperature parameter in the energy storage container further comprises a current temperature rise rate in the energy storage container, and the preset threshold parameter also comprises a temperature rise rate threshold.
However Villanueva, in an analogous art of thermal management system (pgs. 1-2, par. [0031] and [0032]), teaches the missing limitations of a current temperature rise rate of a battery pack (pg. 16, par. [0140]; i.e. “Block S200 can include detecting a thermal event. Detecting a thermal event can include determining that the temperature and/or temperature rise rate has exceeded a threshold value, based on a temperature or temperature change rate measurement.”), and
a preset threshold parameter also comprises a temperature rise rate threshold (pg. 16, par. [0140]; i.e. “Block S200 can include detecting a thermal event. Detecting a thermal event can include determining that the temperature and/or temperature rise rate has exceeded a threshold value, based on a temperature or temperature change rate measurement.”) for the purpose of detecting a thermal event (pg. 16, par. [0140]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Redshaw in view of George in further view of Bush and Wang to include the addition of the limitations of a current temperature rise rate of a battery pack, and a preset threshold parameter also comprises a temperature rise rate threshold to advantageously to advantageously prevent undesired thermal events from disrupting optimal power delivery and damaging a battery (Villanueva: pg. 1, par. [0004]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Redshaw in view of George in further view of Bush, Wang, U.S. Patent Publication No. 2019/0154287 A1 (hereinafter Pham), and U.S. Patent Publication No. 2019/0087389 A1 (hereinafter Ranjan).
As per claim 4, Redshaw in view of George in further view of Bush and Wang do not expressly teach the step of obtaining a current temperature parameter in the energy storage container, comprises:
collecting a temperature in the energy storage container to obtain N temperature values according to a preset collection frequency by setting N temperature sensors in the energy storage container, wherein N is a positive integer;
sorting the N temperature values in descending order, determining a first sorted temperature value as the current temperature maximum value in the energy storage container, and determining a last sorted temperature value as the current temperature minimum value in the energy storage container; and
calculating the N temperature values to obtain the current temperature average value in the energy storage container.
However Pham, in an analogous art of environmental control systems (pg. 1, par. [0002] and [0006]), teaches the missing limitations of collecting a temperature to obtain N temperature values according to a preset collection frequency by setting N temperature sensors, wherein N is a positive integer (pg. 9, par. [0135], pg. 10, par. [0139] and [0141] and pg. 19, par. [0244]; i.e. [0135]: “The IAQ sensor module 304 includes one, more than one, or all of: a temperature sensor 308, a relative humidity (RH) sensor 312, a particulate sensor 316, a volatile organic compounds (VOC) sensor 320, and a carbon dioxide sensor 324.”; [0139]: “The sampling module 328 may also digitize and/or store values of the measurements of the IAQ sensors.”; [0141]: “Each frame of data may include the measurements of the IAQ sensors over a predetermined period. … The measurements of the IAQ sensors may be sampled at a predetermined rate, such as 10 samples per minute or another suitable rate. Each frame may correspond to a predetermined number of sets of samples (e.g., 10).”); and
calculating the N temperature values to obtain a current temperature average value (pg. 10, par. [0141]: “One or more calculations may be performed for the data of each frame of data, such as averaging the measurements of one or more of the IAQ sensors.”) for the purpose of performing one or more calculations for temperature data over predetermined periods of time (pg. 10, par. [0141]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Redshaw in view of George in further view of Bush and Wang to include the addition of the limitations of collecting a temperature to obtain N temperature values according to a preset collection frequency by setting N temperature sensors, wherein N is a positive integer; and calculating the N temperature values to obtain a current temperature average value to advantageously ensure the generation of alerts for detected or impending failures so as to reduce an amount of time when an HVAC system is out of operation and perform flexible scheduling operation for an customer and contractor (Pham: pg. 7, par. [0112]).
Redshaw in view of George in further view of Bush, Wang, and Pham does not expressly teach sorting the N temperature values in descending order, determining a first sorted temperature value as the current temperature maximum value in the energy storage container, and determining a last sorted temperature value as the current temperature minimum value in the energy storage container.
However Ranjan, in an analogous art of controlling an HVAC system (pg. 2, par. [0027]), teaches the missing limitations of sorting N values in descending order, determining a first sorted value, and determining a last sorted value (pg. 19, par. [0199]; i.e. “… one or more user interface features (e.g., filter button 842) may be provided for one or more columns to allow data manipulation, including, but not limited to, sorting, filtering, etc. As one example, a user may click on any column header to sort the rows, where one click may indicate sorting in ascending order, two clicks may indicate sorting in descending order, and three clicks may indicate returning to a default or initial order.”) for the purpose providing a tabular representation of data (pg. 19, par. [0198]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Redshaw in view of George in further view of Bush, Wang, and Pham to include the addition of the limitations of sorting N values in descending order, determining a first sorted value, and determining a last sorted value to advantageously make an informed decision on implementation of a recommendation (Ranjan: pg. 2, par. [0029]).
Indication of Allowable Subject Matter
Claim 6 would be allowable if rewritten to overcome the objection(s) as set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Reasons for the Indication of Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Numerous U.S. Patents and U.S. and Foreign Patent Publications; e.g. European Patent Publication No. EP 2 407 016 B1 discloses ventilation and temperature control of enclosures for electronic equipment; U.S. Patent Publication No. 2018/0095484 A1 discloses controlling heating, cooling and/or humidity levels with a temperature range; U.S. Patent Publication No. 2021/0194076 A1 discloses an energy storage system includes a plurality of battery strings, a plurality of temperature sensors, an enclosure housing the plurality of battery strings and the temperature sensors, a plurality of fans positioned in different locations within the enclosure, and a temperature control system; U.S. Patent Publication No. 2023/0243543 A1 discloses a computer-implemented method is provided of controlling an operation of an indoor fan in an indoor air conditioning system during a cooling operation by stepping a speed of a fan down in tandem with an indoor air conditioner stepping down an operating frequency of a compressor.
However, none of the prior art of record, alone or in combination, expressly or fairly suggest the specifics of controlling an air conditioner, an internal circulation fan, and an external circulation fan of an energy storage container according to a temperature parameter and a preset threshold parameter, wherein controlling a fan in a forward rotation and another fan in a reverse rotation in the internal circulation fan and further controlling the air conditioner to turn on cooling in response to exceeding a preset time range, a difference between a current temperature maximum value and a current temperature average value is not less than a first temperature value, the current temperature maximum value is greater than a preset temperature maximum value, and a current temperature rise rate is less than a temperature rise rate threshold; controlling the air conditioner to stop cooling work in response to the current temperature maximum value is not greater than a third temperature value; and controlling the internal circulation fan to stop working in response to a difference between the current temperature maximum value and the current temperature average value is not greater than a second temperature value.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The following references are cited to further show the state of the art with respect to temperature control systems/methods and energy storage systems.
U.S. Patent Publication No. 2001/0052412 A1 discloses temperature control in electrical and telecommunications equipment cabinets located in environments where cooling is required to ensure reliable operation.
U.S. Patent Publication No. 2009/0305124 A1 discloses a middle sized or large sized battery pack including a dual temperature controlling system that is capable of controlling an overall temperature of the battery pack using a heat transfer medium flowing through gaps defined between unit cells of the battery pack and controlling temperature of each unit cell using a phase transformation layer attached to an outer surface of each unit cell.
U.S. Patent Publication No. 2010/0276120 A1 discloses a temperature adjusting mechanism capable of efficiently performing temperature adjustment of a power source element.
U.S. Patent Publication No. 2021/0194421 A1 discloses an energy storage system includes a DC bus, a plurality of battery strings, a plurality of DC/DC converters electrically coupling respective battery strings to the DC bus, an enclosure housing the battery strings and the DC/DC converters, and a temperature control system.
U.S. Patent Publication No. 2024/0077897 A1 discloses an energy storage system, a temperature control method, and a photovoltaic power generation system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER L NORTON whose telephone number is (571)272-3694. The examiner can normally be reached Monday - Friday 9:00 am - 5:30 p.m..
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 at 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.
/JENNIFER L NORTON/Primary Examiner, Art Unit 2117