DETAILED ACTION
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 .
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 1-5, 7-11, and 13-19 are rejected under 35 U.S.C. 103 as being unpatentable Steinberg et al. (US20090099699), hereinafter referred to as ‘Steinberg’ and in further view of Lemire et al. (US20150148965), hereinafter referred to as ‘Lemire’ and Wallaert et al. (US8725298) hereinafter referred to as ‘Wallaert’.
Regarding Claim 1, Steinberg a networked heating, ventilation and air-conditioning (HVAC) system, comprising (This invention relates to the use of thermostatic HVAC controls that are connected to a computer network as a part of a system for offering peak demand reduction to electric utilities [0003]): HVAC equipment deployed in a building (The server preferably also logs outside temperature and humidity data for the geographic locations for the buildings served by the connected HVAC systems [0020]); and an element of HVAC equipment, which is communicatively coupled with the HVAC equipment to collect types of diagnostic information relating to the HVAC equipment (In addition to using the system to allow better signaling and control of the HVAC system, which relies primarily on communication running from the server to the thermostat, the bi-directional communication will also allow the thermostat 108 to regularly measure and send to the server information about the temperature in the building. By comparing outside temperature, inside temperature, thermostat settings, cycling behavior of the HVAC system, and other variables, the system will be capable of numerous diagnostic and controlling functions beyond those of a standard thermostat [0051]), the element of HVAC equipment being normally operable in a normal mode and selectively operable in a service mode (At least one embodiment of the invention that includes a system for verifying the occurrence of a change in operational status for an HVAC control system comprising at least one HVAC control system that measures temperature at least one location conditioned by said HVAC system, i.e., normal mode, and reporting said temperature measurements as well as the status of said HVAC control system… and at least one remote server that transmits changes in programming to said HVAC control system based at least in part on said comparison of said temperature measurements with said expected temperature measurements [0017]; …For each included subscriber, the server then sends a signal 604 to the subscriber's thermostat instructing it (a) to shut down at the appropriate time or (b) to allow the temperature as measured by the thermostat to increase to a certain temperature at the specified time, depending upon the agreement between the homeowner and the demand reduction aggregator. The server then receives 606 temperature signals from the subscriber's thermostat. At the conclusion of the demand reduction event, the server transmits a signal 608 to the thermostat permitting the thermostat to signal its attached HVAC system to resume cooling, if the system has been shut off, or to reduce the target temperature to its pre-demand reduction setting, if the target temperature was merely increased… [0060] ), the normal mode being characterized in that information is collected by the element of HVAC equipment (Because server 106a logs the temperature readings from inside each house (whether once per minute or over some other interval), as well as the timing and duration of air conditioning cycles, database 300 will contain a history of the thermal performance of each house…Because the server will also log these inputs against other inputs including time of day, humidity, etc. the server will be able to predict, at any given time on any given day, the rate at which inside temperature should change for given inside and outside temperatures [0054]), and the service mode being characterized in that information is collected by the element of HVAC equipment (…For each included subscriber, the server then sends a signal 604 to the subscriber's thermostat instructing it (a) to shut down at the appropriate time or (b) to allow the temperature as measured by the thermostat to increase to a certain temperature at the specified time, depending upon the agreement between the homeowner and the demand reduction aggregator. The server then receives 606 temperature signals from the subscriber's thermostat. At the conclusion of the demand reduction event, the server transmits a signal 608 to the thermostat permitting the thermostat to signal its attached HVAC system to resume cooling, if the system has been shut off, or to reduce the target temperature to its pre-demand reduction setting, if the target temperature was merely increased… [0060]).
However, Steinberg does not explicitly disclose an element of HVAC equipment, which is communicatively coupled with the HVAC equipment to poll the HVAC equipment for types of diagnostic information relating to the HVAC equipment to thereby collect the types of the diagnostic information relating to the HVAC equipment, the normal mode being characterized in that diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at a first rate, and the service mode being characterized in that diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at a second rate.
Nevertheless, Lemire discloses an element of HVAC equipment, which is communicatively coupled with the HVAC equipment to poll the HVAC equipment (…Because the HVAC controller 18 may be programmed to first poll the web server 66 before it may receive any data from the server 66 such as, for example, a set point change which the user may have effected through an app provided on their remote device 62, the polling rate may be the underlying factor driving the communication rate between a user's remote device 62, the web server 66, and the HVAC controller 18. The amount of time that passes from when the user interacts with the HVAC controller 18 via their remote device 62 (e.g. the user changes a temperature set point), the interaction is delivered to the HVAC controller 18 from the user's remote device 62 via the web server 66, and when the user actually experiences the change at the HVAC controller 18 may be referred to as message latency. User satisfaction and usability may be associated with the message latency between the HVAC controller 18, the web server 66 and the user's remote device 62 [0023]) …information is collected by the element of HVAC equipment polling the HVAC equipment at a first rate (…Upon receiving a poll from the HVAC controller 18 via the second network 58, the web server 66 may be programmed to deliver the data in a rapid communication burst to the HVAC controller. In general, the more rapid the polling rate, the more rapidly a response may be received from the web server 66. Because the HVAC controller 18 may be programmed to first poll the web server 66 before it may receive any data from the server 66 such as, for example, a set point change which the user may have effected through an app provided on their remote device 62, the polling rate may be the underlying factor driving the communication rate between a user's remote device 62, the web server 66, and the HVAC controller 18 [0023]), and the information is collected by the element of HVAC equipment polling the HVAC equipment at a second rate (Upon receiving a poll from the HVAC controller 18 via the second network 58, the web server 66 may be programmed to deliver the data in a rapid communication burst to the HVAC controller. In general, the more rapid the polling rate, the more rapidly a response may be received from the web server 66. Because the HVAC controller 18 may be programmed to first poll the web server 66 before it may receive any data from the server 66 such as, for example, a set point change which the user may have affected through an app provided on their remote device 62, the polling rate may be the underlying factor driving the communication rate between a user's remote device 62, the web server 66, and the HVAC controller 18 [0023]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Steinberg with the teachings of Lemire to identify and address issues promptly and ensure that systems operate effectively and safely.col
However, the combination does not explicitly disclose an element of HVAC equipment, which is communicatively coupled with the HVAC equipment to poll the HVAC equipment for types of diagnostic information relating to the HVAC equipment to thereby collect the types of the diagnostic information relating to the HVAC equipment, the normal mode being characterized in that diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at a first rate, and the service mode being characterized in that diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at a second rate.
Nevertheless, Wallaert discloses an element of HVAC equipment, which is communicatively coupled with the HVAC equipment for types of diagnostic information relating to the HVAC equipment to thereby collect the types of the diagnostic information relating to the HVAC equipment (Each device 410 on the data bus 180 may be configured to respond to the inquiry message. The system 100 may be configured such that some diagnostic messages do not disrupt normal device operation of the various devices 410 therein. For example, the diagnostic messages may have a priority lower than a priority assigned to messages related to normal operation of the system 100, Col. 8, Lines 1-6), the normal mode being characterized in that diagnostic information is collected by the element of HVAC equipment (Each device 410 on the data bus 180 may be configured to respond to the inquiry message. The system 100 may be configured such that some diagnostic messages do not disrupt normal device operation of the various devices 410 therein. For example, the diagnostic messages may have a priority lower than a priority assigned to messages related to normal operation of the system 100, Col. 8, Lines 1-6 ), and the service mode being characterized in that diagnostic information is collected by the element of HVAC equipment (FIG. 26 illustrates a method generally designated 2600 of operating the network 200 to determine and report a failure of the discharge air of a demand unit 155 to follow an expected temperature profile. A method of manufacturing the network 200 may include configuring various components of the system 100 to implement the method 2600. The method 2600 begins with a state 2605, which may be entered from any suitable operating state of the system 100. In a step 2610, the aSC 230a sends a message to the demand unit 155 requesting a service, e.g., outputting heated air. In a step 2620, the aSC 230a monitors messages published by the sensor 2520 reporting a measured temperature of the discharge air 2510, and monitors messages published by the comfort sensor 260 reporting an ambient temperature, Col. 13, Lines 4-17).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Steinberg and Lemire with the teachings of Wallaert to provide a general indication of health of the HVAC and establish a baseline for comparison collect diagnostic information under service conditions and indicate health under service conditions to detect a potential fault.
Regarding Claim 2, Steinberg, Lemire, and Wallaert disclose the claimed invention discussed in claim 1.
Steinberg discloses the element of HVAC equipment comprises a thermostat, and the thermostat comprises a user interface and is communicative with an external entity over any network via at least one of a mobile application and/or a web portal (Each user is connected to the servers 106a via wired or wireless connection such as Ethernet or a wireless protocol such as IEEE 802.11, a gateway 110 that connects the computer and thermostat to the Internet via a broadband connection such as a digital subscriber line (DSL) or other form of broadband connection to the World Wide Web. In one embodiment, electric utility server 106a and demand reduction service server 106b are in communication with the network 102 [0045]).
Regarding Claim 3, Steinberg, Lemire, and Wallaert disclose the claimed invention discussed in claim 1.
Steinberg discloses the service mode is selectively engaged automatically or manually (Each user is connected to the servers 106a via wired or wireless connection such as Ethernet or a wireless protocol such as IEEE 802.11, a gateway 110 that connects the computer and thermostat to the Internet via a broadband connection such as a digital subscriber line (DSL) or other form of broadband connection to the World Wide Web. In one embodiment, electric utility server 106a and demand reduction service server 106b are in communication with the network 102 [0045]; For each included subscriber, the server then sends a signal 604 to the subscriber's thermostat instructing it (a) to shut down at the appropriate time or (b) to allow the temperature as measured by the thermostat to increase to a certain temperature at the specified time, depending upon the agreement between the homeowner and the demand reduction aggregator [0060]).
Regarding Claim 4, Steinberg, Lemire, and Wallaert disclose the claimed invention discussed in claim 1.
Steinberg discloses the normal mode is further characterized in that only a first type of information is collected by the element of HVAC equipment at the rate, (as discussed above), and the service mode is further characterized in that information is collected by the element of HVAC equipment (as discussed above).
However, Steinberg does not explicitly disclose the normal mode is further characterized in that only a first type of diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at the first rate, and the service mode is further characterized in that the first type and a second type of diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at the second rate.
Nevertheless, Lemire discloses information is collected by the element of HVAC equipment polling the HVAC equipment at the rate (as discussed above) and information is collected by the element of HVAC equipment polling the HVAC equipment at the rate (as discussed above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Steinberg with the teachings of Lemire to identify and address issues promptly and ensure that systems operate effectively and safely.
However, the combination does not explicitly disclose the normal mode is further characterized in that only a first type of diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at the first rate, and the service mode is further characterized in that the first type and a second type of diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at the second rate.
Nevertheless, Wallaert discloses a first type of diagnostic information is collected by the element of HVAC equipment (as discussed above), and the first type and a second type of diagnostic information is collected by the element of HVAC equipment (as discussed above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Steinberg and Lemire with the teachings of Wallaert to provide a general indication of health of the HVAC and establish a baseline for comparison collect diagnostic information under service conditions and indicate health under service conditions to detect a potential fault.
Regarding Claim 5, Steinberg, Lemire, and Wallaert disclose the claimed invention discussed in claim 1.
Steinberg discloses the service mode is further characterized in that the element of HVAC equipment is operated to control operations of one or more pieces of the HVAC equipment (…The HVAC units may be conventional air conditioners, heat pumps, or other devices for transferring heat into or out of a building. Each user is connected to the servers 106a via wired or wireless connection such as Ethernet or a wireless protocol such as IEEE 802.11, a gateway 110 that connects the computer and thermostat to the Internet via a broadband connection such as a digital subscriber line (DSL) or other form of broadband connection to the World Wide Web. In one embodiment, electric utility server 106a and demand reduction service server 106b are in communication with the network 102. Servers 106a and 106b contain the content to be served as web pages and viewed by computers 104, as well as databases containing information used by the servers. Also connected to the servers 106a via the Internet are computers located at one or more electrical utilities 106b [0045]).
Regarding Claim 7, Steinberg, Lemire, and Wallaert disclose the claimed invention discussed in claim 1.
Steinberg discloses the service mode is further characterized in that the element of HVAC equipment is disabled from controlling operations of the HVAC equipment (For example, assume that on at 3 PM on date Y utility X wishes to trigger a demand reduction event. A server at utility X transmits a message to the server at demand reduction service provider Z requesting W megawatts of demand reduction. Demand reduction service provider server determines that it will turn off, i.e. disable, the air conditioner at house A in order to achieve the required demand reduction. At the time the event is triggered, the inside temperature as reported by the thermostat in house A is 72 degrees F. The outside temperature near house A is 96 degrees Fahrenheit. The inside temperature at House B, which is not part of the demand reduction program, but is both connected to the demand reduction service server and located geographically proximate to House A, is 74 F. Because the A/C in house A has been turned off, the temperature inside House A begins to rise, so that at 4 PM it has increased to 79 F. Because the server is aware of the outside temperature, which remains at 96 F, and of the rate of temperature rise inside house A on previous days on which temperatures have been at or near 96 F, and the temperature in house B, which has risen only to 75 F because the air conditioning in house B continues to operate normally, the server is able to confirm with a high degree of certainty that the A/C in house A has indeed been shut off [0058]).
Regarding Claim 8, Steinberg discloses a networked heating, ventilation and air-conditioning (HVAC) system, comprising (This invention relates to the use of thermostatic HVAC controls that are connected to a computer network as a part of a system for offering peak demand reduction to electric utilities [0003]): HVAC equipment deployed in a building (The server preferably also logs outside temperature and humidity data for the geographic locations for the buildings served by the connected HVAC systems [0020]); and an element of HVAC equipment, which is communicatively coupled with the HVAC equipment to collect types of information relating to the HVAC equipment (In addition to using the system to allow better signaling and control of the HVAC system, which relies primarily on communication running from the server to the thermostat, the bi-directional communication will also allow the thermostat 108 to regularly measure and send to the server information about the temperature in the building. By comparing outside temperature, inside temperature, thermostat settings, cycling behavior of the HVAC system, and other variables, the system will be capable of numerous diagnostic and controlling functions beyond those of a standard thermostat [0051]), the element of HVAC equipment being normally operable in a normal mode and selectively operable in a service mode (At least one embodiment of the invention that includes a system for verifying the occurrence of a change in operational status for an HVAC control system comprising at least one HVAC control system that measures temperature at least one location conditioned by said HVAC system, and reporting said temperature measurements as well as the status of said HVAC control system… and at least one remote server that transmits changes in programming to said HVAC control system based at least in part on said comparison of said temperature measurements with said expected temperature measurements [0017]), the normal mode being characterized in that information is collected by the element of HVAC equipment (Because server 106a logs the temperature readings from inside each house (whether once per minute or over some other interval), as well as the timing and duration of air conditioning cycles, database 300 will contain a history of the thermal performance of each house…Because the server will also log these inputs against other inputs including time of day, humidity, etc. the server will be able to predict, at any given time on any given day, the rate at which inside temperature should change for given inside and outside temperatures [0054]), and the service mode being characterized in that information is collected by the element of HVAC equipment (…For each included subscriber, the server then sends a signal 604 to the subscriber's thermostat instructing it (a) to shut down at the appropriate time or (b) to allow the temperature as measured by the thermostat to increase to a certain temperature at the specified time, depending upon the agreement between the homeowner and the demand reduction aggregator. The server then receives 606 temperature signals from the subscriber's thermostat. At the conclusion of the demand reduction event, the server transmits a signal 608 to the thermostat permitting the thermostat to signal its attached HVAC system to resume cooling, if the system has been shut off, or to reduce the target temperature to its pre-demand reduction setting, if the target temperature was merely increased… [0060]).
However, Steinberg does not explicitly disclose an element of HVAC equipment, which is communicatively coupled with the HVAC equipment to poll the HVAC equipment for types of diagnostic information relating to the HVAC equipment to thereby collect the types of the diagnostic information relating to the HVAC equipment, the element of HVAC equipment being normally operable in a normal mode and selectively operable in a service mode, the normal mode being characterized in that diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at a first rate, and the service mode being automatically selected for operation based on temporal information and a location of the building and being characterized in that diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at a second rate, which is greater than the first rate.
Nevertheless, Lemire discloses an element of HVAC equipment, which is communicatively coupled with the HVAC equipment to poll the HVAC equipment (…Because the HVAC controller 18 may be programmed to first poll the web server 66 before it may receive any data from the server 66 such as, for example, a set point change which the user may have effected through an app provided on their remote device 62, the polling rate may be the underlying factor driving the communication rate between a user's remote device 62, the web server 66, and the HVAC controller 18. The amount of time that passes from when the user interacts with the HVAC controller 18 via their remote device 62 (e.g. the user changes a temperature set point), the interaction is delivered to the HVAC controller 18 from the user's remote device 62 via the web server 66, and when the user actually experiences the change at the HVAC controller 18 may be referred to as message latency. User satisfaction and usability may be associated with the message latency between the HVAC controller 18, the web server 66 and the user's remote device 62 [0023]), the element of HVAC equipment being normally operable, information is collected by the element of HVAC equipment polling the HVAC equipment at a first rate (Upon receiving a poll from the HVAC controller 18 via the second network 58, the web server 66 may be programmed to deliver the data in a rapid communication burst to the HVAC controller. In general, the more rapid the polling rate, the more rapidly a response may be received from the web server 66. Because the HVAC controller 18 may be programmed to first poll the web server 66 before it may receive any data from the server 66 such as, for example, a set point change which the user may have effected through an app provided on their remote device 62, the polling rate may be the underlying factor driving the communication rate between a user's remote device 62, the web server 66, and the HVAC controller 18 [0023]), and the mode being automatically selected for operation based on temporal information and a location of the building and being characterized information is collected by the element of HVAC equipment polling the HVAC equipment at a second rate, which is greater than the first rate (Upon receiving a poll from the HVAC controller 18 via the second network 58, the web server 66 may be programmed to deliver the data in a rapid communication burst to the HVAC controller. In general, the more rapid the polling rate, the more rapidly a response may be received from the web server 66. Because the HVAC controller 18 may be programmed to first poll the web server 66 before it may receive any data from the server 66 such as, for example, a set point change which the user may have affected through an app provided on their remote device 62, the polling rate may be the underlying factor driving the communication rate between a user's remote device 62, the web server 66, and the HVAC controller 18 [0023]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Steinberg with the teachings of Lemire to identify and address issues promptly and ensure that systems operate effectively and safely.
However, the combination does not explicitly disclose an element of HVAC equipment, which is communicatively coupled with the HVAC equipment to poll the HVAC equipment for types of diagnostic information relating to the HVAC equipment to thereby collect the types of the diagnostic information relating to the HVAC equipment, the element of HVAC equipment being normally operable in a normal mode and selectively operable in a service mode, the normal mode being characterized in that diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at a first rate, and the service mode being automatically selected for operation based on temporal information and a location of the building and being characterized in that diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at a second rate, which is greater than the first rate.
Nevertheless, Wallaert discloses … diagnostic information relating to the HVAC equipment to thereby collect the types of the diagnostic information relating to the HVAC equipment (Each device 410 on the data bus 180 may be configured to respond to the inquiry message. The system 100 may be configured such that some diagnostic messages do not disrupt normal device operation of the various devices 410 therein. For example, the diagnostic messages may have a priority lower than a priority assigned to messages related to normal operation of the system 100, Col. 8, Lines 1-6 ), the normal mode being characterized in that diagnostic information is collected (Each device 410 on the data bus 180 may be configured to respond to the inquiry message. The system 100 may be configured such that some diagnostic messages do not disrupt normal device operation of the various devices 410 therein. For example, the diagnostic messages may have a priority lower than a priority assigned to messages related to normal operation of the system 100, Col. 8, Lines 1-6 ), and the service mode being automatically selected for operation … in that diagnostic information is collected by the element of HVAC equipment (FIG. 26 illustrates a method generally designated 2600 of operating the network 200 to determine and report a failure of the discharge air of a demand unit 155 to follow an expected temperature profile. A method of manufacturing the network 200 may include configuring various components of the system 100 to implement the method 2600. The method 2600 begins with a state 2605, which may be entered from any suitable operating state of the system 100. In a step 2610, the aSC 230a sends a message to the demand unit 155 requesting a service, e.g., outputting heated air. In a step 2620, the aSC 230a monitors messages published by the sensor 2520 reporting a measured temperature of the discharge air 2510, and monitors messages published by the comfort sensor 260 reporting an ambient temperature, Col. 13, Lines 4-17).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Steinberg and Lemire with the teachings of Wallaert to provide a general indication of health of the HVAC and establish a baseline for comparison collect diagnostic information under service conditions and indicate health under service conditions to detect a potential fault.
Regarding Claim 9, Steinberg, Lemire, and Wallaert disclose the claimed invention discussed in claim 8.
Steinberg discloses the element of HVAC equipment comprises a thermostat, and the thermostat comprises a user interface and is communicative with an external entity over any network via at least one of a mobile application and/or a web portal (Each user is connected to the servers 106a via wired or wireless connection such as Ethernet or a wireless protocol such as IEEE 802.11, a gateway 110 that connects the computer and thermostat to the Internet via a broadband connection such as a digital subscriber line (DSL) or other form of broadband connection to the World Wide Web. In one embodiment, electric utility server 106a and demand reduction service server 106b are in communication with the network 102 [0045]).
Regarding Claim 10, Steinberg, Lemire, and Wallaert disclose the claimed invention discussed in claim 8.
Steinberg discloses the normal mode is further characterized in that only a first type of information is collected by the element of HVAC equipment at the rate, (as discussed above), and the service mode is further characterized in that information is collected by the element of HVAC equipment (as discussed above).
However, Steinberg does not explicitly disclose the normal mode is further characterized in that only a first type of diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at the first rate, and the service mode is further characterized in that the first type and a second type of diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at the second rate.
Nevertheless, Lemire discloses information is collected by the element of HVAC equipment polling the HVAC equipment at the rate (as discussed above) and information is collected by the element of HVAC equipment polling the HVAC equipment at the rate (as discussed above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Steinberg with the teachings of Lemire to identify and address issues promptly and ensure that systems operate effectively and safely.
However, the combination does not explicitly disclose the normal mode is further characterized in that only a first type of diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at the first rate, and the service mode is further characterized in that the first type and a second type of diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at the second rate.
Nevertheless, Wallaert discloses a first type of diagnostic information is collected by the element of HVAC equipment (as discussed above), and the first type and a second type of diagnostic information is collected by the element of HVAC equipment (as discussed above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Steinberg and Lemire with the teachings of Wallaert to provide a general indication of health of the HVAC and establish a baseline for comparison collect diagnostic information under service conditions and indicate health under service conditions to detect a potential fault.
Regarding Claim 11, Steinberg, Lemire, and Wallaert disclose the claimed invention discussed in claim 8.
Steinberg discloses the service mode is further characterized in that the element of HVAC equipment is operated to control operations of one or more pieces of the HVAC equipment (…The HVAC units may be conventional air conditioners, heat pumps, or other devices for transferring heat into or out of a building. Each user is connected to the servers 106a via wired or wireless connection such as Ethernet or a wireless protocol such as IEEE 802.11, a gateway 110 that connects the computer and thermostat to the Internet via a broadband connection such as a digital subscriber line (DSL) or other form of broadband connection to the World Wide Web. In one embodiment, electric utility server 106a and demand reduction service server 106b are in communication with the network 102. Servers 106a and 106b contain the content to be served as web pages and viewed by computers 104, as well as databases containing information used by the servers. Also connected to the servers 106a via the Internet are computers located at one or more electrical utilities 106b [0045]).
Regarding Claim 13, Steinberg, Lemire, and Wallaert disclose the claimed invention discussed in claim 8.
Steinberg discloses the service mode is further characterized in that the element of HVAC equipment is disabled from controlling operations of the HVAC equipment (For example, assume that on at 3 PM on date Y utility X wishes to trigger a demand reduction event. A server at utility X transmits a message to the server at demand reduction service provider Z requesting W megawatts of demand reduction. Demand reduction service provider server determines that it will turn off, i.e. disable, the air conditioner at house A in order to achieve the required demand reduction. At the time the event is triggered, the inside temperature as reported by the thermostat in house A is 72 degrees F. The outside temperature near house A is 96 degrees Fahrenheit. The inside temperature at House B, which is not part of the demand reduction program, but is both connected to the demand reduction service server and located geographically proximate to House A, is 74 F. Because the A/C in house A has been turned off, the temperature inside House A begins to rise, so that at 4 PM it has increased to 79 F. Because the server is aware of the outside temperature, which remains at 96 F, and of the rate of temperature rise inside house A on previous days on which temperatures have been at or near 96 F, and the temperature in house B, which has risen only to 75 F because the air conditioning in house B continues to operate normally, the server is able to confirm with a high degree of certainty that the A/C in house A has indeed been shut off [0058]).
Regarding Claim 14, Steinberg, Lemire, and Wallaert disclose the claimed invention discussed in claim 8.
Steinberg discloses the temporal information and the location of the building are used (At least one embodiment of the invention that includes a system for verifying the occurrence of a change in operational status for an HVAC control system comprising at least one HVAC control system that measures temperature at least one location conditioned by said HVAC system, and reporting said temperature measurements as well as the status of said HVAC control system; one or more processors that compare said temperature measurements with expected temperature measurements wherein the expected temperature measurements are based at least in part upon past temperature measurements obtained by said HVAC control system [0017]), and the service mode is automatically selected for operation (For example, assume that on at 3 PM on date Y utility X wishes to trigger a demand reduction event. A server at utility X transmits a message to the server at demand reduction service provider Z requesting W megawatts of demand reduction. Demand reduction service provider server determines that it will turn off the air conditioner at house A in order to achieve the required demand reduction. At the time the event is triggered, the inside temperature as reported by the thermostat in house A is 72 degrees F. The outside temperature near house A is 96 degrees Fahrenheit. The inside temperature at House B, which is not part of the demand reduction program, but is both connected to the demand reduction service server and located geographically proximate to House A, is 74 F. Because the A/C in house A has been turned off, the temperature inside House A begins to rise, so that at 4 PM it has increased to 79 F. Because the server is aware of the outside temperature, which remains at 96 F, and of the rate of temperature rise inside house A on previous days on which temperatures have been at or near 96 F, and the temperature in house B, which has risen only to 75 F because the air conditioning in house B continues to operate normally, the server is able to confirm with a high degree of certainty that the A/C in house A has indeed been shut off [0058]).
However, Steinberg does not explicitly disclose the temporal information and the location of the building are used to determine a likely first heating day and a likely first cooling day of a year and the service mode is automatically selected for operation on at least one of the first heating day and the first cooling day of the year.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Steinberg with the teachings of Lemire to identify temporal information and locations that assist in identifying potential faults related to the first heating/cooling day of the a year collect diagnostic information under service conditions to provide an indication of health under service conditions to detect a potential fault.
However, the combination does not explicitly disclose the service mode is automatically selected for operation on at least one of the first heating day and the first cooling day of the year.
Nevertheless, Wallaert discloses the service mode is automatically selected for operation (as discussed above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Steinberg and Lemire with the teachings of Wallaert to provide a general indication of health of the HVAC and establish a baseline for comparison collect diagnostic information under service conditions and indicate health under service conditions to for first heating/cooling day to detect a potential fault.
Regarding Claim 15, Steinberg, Lemire, and Wallaert disclose the claimed invention discussed in claim 14.
Steinberg discloses the diagnostic information collected by the element of HVAC equipment (In addition to using the system to allow better signaling and control of the HVAC system, which relies primarily on communication running from the server to the thermostat, the bi-directional communication will also allow the thermostat 108 to regularly measure and send to the server information about the temperature in the building. By comparing outside temperature, inside temperature, thermostat settings, cycling behavior of the HVAC system, and other variables, the system will be capable of numerous diagnostic and controlling functions beyond those of a standard thermostat [0051]) and analyzed locally or remotely for determining whether problems with the HVAC equipment are currently in effect (…and at least one remote server that transmits changes in programming to said HVAC control system based at least in part on said comparison of said temperature measurements with said expected temperature measurements [0017]).
However, Steinberg does not explicitly disclose the diagnostic information collected by the element of HVAC equipment polling the HVAC equipment during the at least one of the first heating day and the first cooling day of the year is analyzed locally or remotely for determining whether problems with the HVAC equipment are currently in effect.
Nevertheless, Lemire discloses the information collected by the element of HVAC equipment polling the HVAC equipment (as discussed above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Steinberg and Lemire with the teachings of Wallaert to provide a general indication of health of the HVAC and establish a baseline for comparison collect diagnostic information under service conditions and indicate health under service conditions to detect a potential fault.
Regarding Claim 16, Steinberg discloses a method of operating a networked heating, ventilation and air-conditioning (HVAC) system, comprising (This invention relates to the use of thermostatic HVAC controls that are connected to a computer network as a part of a system for offering peak demand reduction to electric utilities [0003]): HVAC equipment deployed in a building (The server preferably also logs outside temperature and humidity data for the geographic locations for the buildings served by the connected HVAC systems [0020]); which is communicatively coupled with the HVAC equipment to collect types of information relating to the HVAC equipment (In addition to using the system to allow better signaling and control of the HVAC system, which relies primarily on communication running from the server to the thermostat, the bi-directional communication will also allow the thermostat 108 to regularly measure and send to the server information about the temperature in the building. By comparing outside temperature, inside temperature, thermostat settings, cycling behavior of the HVAC system, and other variables, the system will be capable of numerous diagnostic and controlling functions beyond those of a standard thermostat [0051]), the method comprising: normally operating the element of HVAC equipment in a normal mode characterized in that information is collected by the element of HVAC equipment (Because server 106a logs the temperature readings from inside each house (whether once per minute or over some other interval), as well as the timing and duration of air conditioning cycles, database 300 will contain a history of the thermal performance of each house…Because the server will also log these inputs against other inputs including time of day, humidity, etc. the server will be able to predict, at any given time on any given day, the rate at which inside temperature should change for given inside and outside temperatures [0054]), and selectively operating the element of HVAC equipment in a mode characterized in that information is collected by the element of HVAC equipment (…For each included subscriber, the server then sends a signal 604 to the subscriber's thermostat instructing it (a) to shut down at the appropriate time or (b) to allow the temperature as measured by the thermostat to increase to a certain temperature at the specified time, depending upon the agreement between the homeowner and the demand reduction aggregator. The server then receives 606 temperature signals from the subscriber's thermostat. At the conclusion of the demand reduction event, the server transmits a signal 608 to the thermostat permitting the thermostat to signal its attached HVAC system to resume cooling, if the system has been shut off, or to reduce the target temperature to its pre-demand reduction setting, if the target temperature was merely increased… [0060]).
However, Steinberg does not explicitly disclose an element of HVAC equipment, which is communicatively coupled with the HVAC equipment to poll the HVAC equipment for types of diagnostic information relating to the HVAC equipment to thereby collect the types of the diagnostic information relating to the HVAC equipment, the method comprising: normally operating the element of HVAC equipment in a normal mode characterized in that diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at a first rate; and selectively operating the element of HVAC equipment in a service mode characterized in that diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at a second rate, which is greater than the first rate.
Nevertheless, Lemire discloses an element of HVAC equipment, which is communicatively coupled with the HVAC equipment to poll the HVAC equipment (Upon receiving a poll from the HVAC controller 18 via the second network 58, the web server 66 may be programmed to deliver the data in a rapid communication burst to the HVAC controller. In general, the more rapid the polling rate, the more rapidly a response may be received from the web server 66. Because the HVAC controller 18 may be programmed to first poll the web server 66 before it may receive any data from the server 66 such as, for example, a set point change which the user may have effected through an app provided on their remote device 62, the polling rate may be the underlying factor driving the communication rate between a user's remote device 62, the web server 66, and the HVAC controller 18 [0023]), information is collected by the element of HVAC equipment polling the HVAC equipment at a first rate (Upon receiving a poll from the HVAC controller 18 via the second network 58, the web server 66 may be programmed to deliver the data in a rapid communication burst to the HVAC controller. In general, the more rapid the polling rate, the more rapidly a response may be received from the web server 66. Because the HVAC controller 18 may be programmed to first poll the web server 66 before it may receive any data from the server 66 such as, for example, a set point change which the user may have effected through an app provided on their remote device 62, the polling rate may be the underlying factor driving the communication rate between a user's remote device 62, the web server 66, and the HVAC controller 18 [0023]); and information is collected by the element of HVAC equipment polling the HVAC equipment at a second rate, which is greater than the first rate (Upon receiving a poll from the HVAC controller 18 via the second network 58, the web server 66 may be programmed to deliver the data in a rapid communication burst to the HVAC controller. In general, the more rapid the polling rate, the more rapidly a response may be received from the web server 66. Because the HVAC controller 18 may be programmed to first poll the web server 66 before it may receive any data from the server 66 such as, for example, a set point change which the user may have affected through an app provided on their remote device 62, the polling rate may be the underlying factor driving the communication rate between a user's remote device 62, the web server 66, and the HVAC controller 18 [0023]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Steinberg with the teachings of Lemire to identify and address issues promptly and ensure that systems operate effectively and safely.
However, the combination does not explicitly disclose an element of HVAC equipment, which is communicatively coupled with the HVAC equipment to poll the HVAC equipment for types of diagnostic information relating to the HVAC equipment to thereby collect the types of the diagnostic information relating to the HVAC equipment, the method comprising: normally operating the element of HVAC equipment in a normal mode characterized in that diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at a first rate; and selectively operating the element of HVAC equipment in a service mode characterized in that diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at a second rate, which is greater than the first rate.
Nevertheless, Wallaert discloses diagnostic information relating to the HVAC equipment to thereby collect the types of the diagnostic information relating to the HVAC equipment (Each device 410 on the data bus 180 may be configured to respond to the inquiry message. The system 100 may be configured such that some diagnostic messages do not disrupt normal device operation of the various devices 410 therein. For example, the diagnostic messages may have a priority lower than a priority assigned to messages related to normal operation of the system 100, Col. 8, Lines 1-6), the method comprising: normally operating the element of HVAC equipment in a normal mode characterized in that diagnostic information is collected (Each device 410 on the data bus 180 may be configured to respond to the inquiry message. The system 100 may be configured such that some diagnostic messages do not disrupt normal device operation of the various devices 410 therein. For example, the diagnostic messages may have a priority lower than a priority assigned to messages related to normal operation of the system 100, Col. 8, Lines 1-6); and selectively operating the element of HVAC equipment in a service mode characterized in that diagnostic information is collected (FIG. 26 illustrates a method generally designated 2600 of operating the network 200 to determine and report a failure of the discharge air of a demand unit 155 to follow an expected temperature profile. A method of manufacturing the network 200 may include configuring various components of the system 100 to implement the method 2600. The method 2600 begins with a state 2605, which may be entered from any suitable operating state of the system 100. In a step 2610, the aSC 230a sends a message to the demand unit 155 requesting a service, e.g., outputting heated air. In a step 2620, the aSC 230a monitors messages published by the sensor 2520 reporting a measured temperature of the discharge air 2510, and monitors messages published by the comfort sensor 260 reporting an ambient temperature, Col. 13, Lines 4-17).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Steinberg and Lemire with the teachings of Wallaert to collect diagnostic information under the normal conditions to provide a general indication of health of the HVAC and establish a baseline for comparison.
Regarding Claim 17, Steinberg, Lemire, and Wallaert disclose the claimed invention discussed in claim 16.
Steinberg discloses the element of HVAC equipment comprises a thermostat, and the thermostat comprises a user interface and is communicative with an external entity over any network via at least one of a mobile application and/or a web portal (Each user is connected to the servers 106a via wired or wireless connection such as Ethernet or a wireless protocol such as IEEE 802.11, a gateway 110 that connects the computer and thermostat to the Internet via a broadband connection such as a digital subscriber line (DSL) or other form of broadband connection to the World Wide Web. In one embodiment, electric utility server 106a and demand reduction service server 106b are in communication with the network 102 [0045]).
Regarding Claim 18, Steinberg, Lemire, and Wallaert disclose the claimed invention discussed in claim 16.
Steinberg discloses the selectively operating the element of HVAC equipment is automatic or manual (at least one remote server that transmits changes in programming to said HVAC control system based at least in part on said comparison of said temperature measurements with said expected temperature measurements [0017]).
Regarding Claim 19, Steinberg, Lemire, and Wallaert disclose the claimed invention discussed in claim 19.
Steinberg discloses the normal mode is further characterized in that only a first type of information is collected by the element of HVAC equipment at the rate, (as discussed above), and the service mode is further characterized in that information is collected by the element of HVAC equipment (as discussed above).
However, Steinberg does not explicitly disclose the normal mode is further characterized in that only a first type of diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at the first rate, and the service mode is further characterized in that the first type and a second type of diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at the second rate.
Nevertheless, Lemire discloses information is collected by the element of HVAC equipment polling the HVAC equipment at the rate (as discussed above) and information is collected by the element of HVAC equipment polling the HVAC equipment at the rate (as discussed above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Steinberg with the teachings of Lemire to identify and address issues promptly and ensure that systems operate effectively and safely.
However, the combination does not explicitly disclose the normal mode is further characterized in that only a first type of diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at the first rate, and the service mode is further characterized in that the first type and a second type of diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at the second rate.
Nevertheless, Wallaert discloses a first type of diagnostic information is collected by the element of HVAC equipment (as discussed above), and the first type and a second type of diagnostic information is collected by the element of HVAC equipment (as discussed above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Steinberg and Lemire with the teachings of Wallaert to provide a general indication of health of the HVAC and establish a baseline for comparison collect diagnostic information under service conditions and indicate health under service conditions to detect a potential fault.
Claims 6, 12, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Steinberg, Lemire, and Wallaert, and further in view of Vause et al. (US20210180820) hereinafter referred to as ‘Vause’.
Regarding Claim 6, Steinberg, Lemire, and Wallaert disclose the claimed invention discussed in claim 1.
Steinberg discloses the service mode is further characterized in that the element of HVAC equipment is operated (For example, assume that on at 3 PM on date Y utility X wishes to trigger a demand reduction event. A server at utility X transmits a message to the server at demand reduction service provider Z requesting W megawatts of demand reduction. Demand reduction service provider server determines that it will turn off the air conditioner at house A in order to achieve the required demand reduction. At the time the event is triggered, the inside temperature as reported by the thermostat in house A is 72 degrees F. The outside temperature near house A is 96 degrees Fahrenheit. The inside temperature at House B, which is not part of the demand reduction program, but is both connected to the demand reduction service server and located geographically proximate to House A, is 74 F. Because the A/C in house A has been turned off, the temperature inside House A begins to rise, so that at 4 PM it has increased to 79 F. Because the server is aware of the outside temperature, which remains at 96 F, and of the rate of temperature rise inside house A on previous days on which temperatures have been at or near 96 F, and the temperature in house B, which has risen only to 75 F because the air conditioning in house B continues to operate normally, the server is able to confirm with a high degree of certainty that the A/C in house A has indeed been shut off [0058]).
However, Steinberg does not explicitly disclose the service mode is further characterized in that the element of HVAC equipment is operated to override system lockouts.
Nevertheless, Vause discloses the element of HVAC equipment is operated to override system lockouts (Consider an example in which HVAC network 112 operates according to a BACnet protocol. One goal of a given AFT might be to test HVAC device 110 by applying point 118, which overrides pretest point 204, as detailed above. However, pretest point 204 will likely be associated with a priority value. Hence, in order to override pretest point 204, point 118 should have a priority that is higher. However, the priority of point 118 should have an upper limit because it is not desirable to override pretest point 204 when such could jeopardize safety or cause damage [0038]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Steinberg, Lemire, and Wallaert with the teachings of Vause to incorporate the service mode is further characterized in that the element of HVAC equipment is operated to override system lockouts to minimize damage to equipment during service mode and improve safety.
Regarding Claim 12, Steinberg, Lemire, and Wallaert disclose the claimed invention discussed in claim 8.
Steinberg discloses the service mode is further characterized in that the element of HVAC equipment is operated (For example, assume that on at 3 PM on date Y utility X wishes to trigger a demand reduction event. A server at utility X transmits a message to the server at demand reduction service provider Z requesting W megawatts of demand reduction. Demand reduction service provider server determines that it will turn off the air conditioner at house A in order to achieve the required demand reduction. At the time the event is triggered, the inside temperature as reported by the thermostat in house A is 72 degrees F. The outside temperature near house A is 96 degrees Fahrenheit. The inside temperature at House B, which is not part of the demand reduction program, but is both connected to the demand reduction service server and located geographically proximate to House A, is 74 F. Because the A/C in house A has been turned off, the temperature inside House A begins to rise, so that at 4 PM it has increased to 79 F. Because the server is aware of the outside temperature, which remains at 96 F, and of the rate of temperature rise inside house A on previous days on which temperatures have been at or near 96 F, and the temperature in house B, which has risen only to 75 F because the air conditioning in house B continues to operate normally, the server is able to confirm with a high degree of certainty that the A/C in house A has indeed been shut off [0058]).
However, Steinberg does not explicitly disclose the service mode is further characterized in that the element of HVAC equipment is operated to override system lockouts.
Nevertheless, Vause discloses HVAC equipment is operated to override system lockouts (Consider an example in which HVAC network 112 operates according to a BACnet protocol. One goal of a given AFT might be to test HVAC device 110 by applying point 118, which overrides pretest point 204, as detailed above. However, pretest point 204 will likely be associated with a priority value. Hence, in order to override pretest point 204, point 118 should have a priority that is higher. However, the priority of point 118 should have an upper limit because it is not desirable to override pretest point 204 when such could jeopardize safety or cause damage [0038]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Steinberg, Lemire, and Wallaert with the teachings of Vause to incorporate the service mode is further characterized in that the element of HVAC equipment is operated to override system lockouts to minimize damage to equipment during service mode and improve safety.
Regarding Claim 20, Steinberg, Lemire, and Wallaert disclose the claimed invention discussed in claim 16.
Steinberg discloses the service mode is further characterized in that the element of HVAC equipment is operated to control operations of one or more pieces of the HVAC equipment (For example, assume that on at 3 PM on date Y utility X wishes to trigger a demand reduction event. A server at utility X transmits a message to the server at demand reduction service provider Z requesting W megawatts of demand reduction. Demand reduction service provider server determines that it will turn off the air conditioner at house A in order to achieve the required demand reduction. At the time the event is triggered, the inside temperature as reported by the thermostat in house A is 72 degrees F. The outside temperature near house A is 96 degrees Fahrenheit. The inside temperature at House B, which is not part of the demand reduction program, but is both connected to the demand reduction service server and located geographically proximate to House A, is 74 F [0058]) and the service mode is further characterized in that the element of HVAC equipment is disabled from controlling operations of the HVAC equipment (For example, assume that on at 3 PM on date Y utility X wishes to trigger a demand reduction event. A server at utility X transmits a message to the server at demand reduction service provider Z requesting W megawatts of demand reduction. Demand reduction service provider server determines that it will turn off, i.e. disable, the air conditioner at house A in order to achieve the required demand reduction. At the time the event is triggered, the inside temperature as reported by the thermostat in house A is 72 degrees F. The outside temperature near house A is 96 degrees Fahrenheit. The inside temperature at House B, which is not part of the demand reduction program, but is both connected to the demand reduction service server and located geographically proximate to House A, is 74 F. Because the A/C in house A has been turned off, the temperature inside House A begins to rise, so that at 4 PM it has increased to 79 F. Because the server is aware of the outside temperature, which remains at 96 F, and of the rate of temperature rise inside house A on previous days on which temperatures have been at or near 96 F, and the temperature in house B, which has risen only to 75 F because the air conditioning in house B continues to operate normally, the server is able to confirm with a high degree of certainty that the A/C in house A has indeed been shut off [0058]).
However, Steinberg does not explicitly disclose the service mode is further characterized in that the element of HVAC equipment is operated to override system lockouts.
Nevertheless, Vause discloses the service mode is further characterized in that the element of HVAC equipment is operated to override system lockouts (as discussed above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Steinberg, Lemire, and Wallaert with the teachings of Vause to incorporate the service mode is further characterized in that the element of HVAC equipment is operated to override system lockouts to minimize damage to equipment during service mode and improve safety.
Response to Arguments
35 USC § 103
Applicant’s arguments with respect to claims 1-20 have been considered but are moot in view of new grounds of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARAH ZAAB whose telephone number is (571)272-4973. The examiner can normally be reached Monday - Friday 7:00 am - 4:30 pm.
/SHARAH ZAAB/Examiner, Art Unit 2857
/Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2857
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