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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/01/2026 has been entered.
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 1-3, 5, 7-9, 11, and 13, 16-18 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 Gillette et al. (US20180266718), hereinafter referred to as ‘Gillette’.
Regarding Claim 1, Steinberg discloses a networked heating, ventilation and air-conditioning (HVAC) system, comprising: HVAC equipment deployed in a building (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]); and 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 (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]).
However, Steinberg does not explicitly disclose 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 only general operational data points of the HVAC equipment that can provide a general indication of health of the HVAC equipment 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 specific operational data and sensor data and diagnostic codes that can provide a specific indication of health and critical/non- critical faults of the HVAC equipment is collected by the element of HVAC equipment polling the HVAC equipment at a second rate, which is greater than the first rate.
Nevertheless, Gillette discloses the element of HVAC equipment being normally operable in a normal mode and selectively operable in a service mode (In some embodiments, dealer information and/or dealer branding may be shown on user interface 612 of thermostat 600. The dealer branding may be displayed at a first rate such as twice an hour when the HVAC system is operating normally, and may be displayed at a second rate higher than the first rate [0185]; Analytics service 2504 may use feedback from connected equipment to make accurate estimates and to detect faults. For example, analytics service 2504 may determine that despite the AC unit operating at maximum settings for the past 20 minutes, no change in temperature has been detected… Analytics service 2504 may also be able to detect problems such as capacity incongruences and staging malfunctions. It is understood that analytics service 2504 is not limited to detecting problems explicitly enumerated, i.e., selectively operable in a service mode [0142]), the normal mode being characterized in that only general operational data points of the HVAC equipment that can provide a general indication of health of the HVAC equipment diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at a first rate (In some embodiments, dealer information and/or dealer branding may be shown on user interface 612 of thermostat 600. The dealer branding may be displayed at a first rate such as twice an hour when the HVAC system is operating normally, and may be displayed at a second rate higher than the first rate [0185]), and the service mode being characterized in that specific operational data and sensor data and diagnostic that can provide a specific indication of health and critical/non- critical faults of the HVAC equipment is collected by the element of HVAC equipment polling the HVAC equipment at a second rate, which is greater than the first rate (Analytics service 2504 may use feedback from connected equipment to make accurate estimates and to detect faults. For example, analytics service 2504 may determine that despite the AC unit operating at maximum settings for the past 20 minutes, i.e., second rate, which is greater than the first rate, no change in temperature has been detected… Analytics service 2504 may also be able to detect problems such as capacity incongruences and staging malfunctions, i.e., critical/non-critical faults. It is understood that analytics service 2504 is not limited to detecting problems explicitly enumerated [0142]).
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 Gillette to provide a general indication of health of the HVAC and establish a baseline for comparison, collect diagnostic information under normal/service conditions, and indicate health under normal/service conditions to detect a potential fault.
Regarding Claim 2, Steinberg and Gillette 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 and Gillette 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 5, Steinberg and Gillette 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 and Gillette 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… 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: 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 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 (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]).
However, Steinberg does not explicitly disclose 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 only general operational data points of the HVAC equipment that can provide a general indication of health of the HVAC equipment 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 specific operational data and sensor data and diagnostic codes that can provide a specific indication of health and critical/non- critical faults of the HVAC equipment is collected by the element of HVAC equipment polling the HVAC equipment at a second rate, which is greater than the first rate.
Nevertheless, Gillette discloses the element of HVAC equipment being normally operable in a normal mode and selectively operable in a service mode (In some embodiments, dealer information and/or dealer branding may be shown on user interface 612 of thermostat 600. The dealer branding may be displayed at a first rate such as twice an hour when the HVAC system is operating normally, and may be displayed at a second rate higher than the first rate [0185]; Analytics service 2504 may use feedback from connected equipment to make accurate estimates and to detect faults. For example, analytics service 2504 may determine that despite the AC unit operating at maximum settings for the past 20 minutes, no change in temperature has been detected… Analytics service 2504 may also be able to detect problems such as capacity incongruences and staging malfunctions. It is understood that analytics service 2504 is not limited to detecting problems explicitly enumerated [0142]), the normal mode being characterized in that only general operational data points of the HVAC equipment that can provide a general indication of health of the HVAC equipment diagnostic information is collected by the element of HVAC equipment polling the HVAC equipment at a first rate (In some embodiments, dealer information and/or dealer branding may be shown on user interface 612 of thermostat 600. The dealer branding may be displayed at a first rate such as twice an hour when the HVAC system is operating normally, and may be displayed at a second rate higher than the first rate [0185]), and the service mode being characterized in that specific operational data and sensor data and diagnostic codes that can provide a specific indication of health and critical/non- critical faults of the HVAC equipment is collected by the element of HVAC equipment polling the HVAC equipment at a second rate, which is greater than the first rate (Analytics service 2504 may use feedback from connected equipment to make accurate estimates and to detect faults. For example, analytics service 2504 may determine that despite the AC unit operating at maximum settings for the past 20 minutes, i.e., a second rate, which is greater than the first rate, no change in temperature has been detected… Analytics service 2504 may also be able to detect problems such as capacity incongruences and staging malfunctions, i.e., indication of health and critical/non- critical faults,. It is understood that analytics service 2504 is not limited to detecting problems explicitly enumerated [0142]).
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 Gillette to provide a general indication of health of the HVAC and establish a baseline for comparison, collect diagnostic information under normal/service conditions, and indicate health under normal/service conditions to detect a potential fault.
Regarding Claim 9, Steinberg and Gillette 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 11, Steinberg and Gillette 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 and Gillette 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 16, Steinberg discloses a method of operating a networked heating, ventilation and air-conditioning (HVAC) system, the networked HVAC system comprising HVAC equipment deployed in a building and an element of HVAC equipment (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 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 (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]).
However, Steinberg does not explicitly disclose the method comprising: normally operating the element of HVAC equipment in a normal mode characterized in that only general operational data points of the HVAC equipment that can provide a general indication of health of the HVAC equipment 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 specific operational data and sensor data and diagnostic codes that can provide a specific indication of health and critical/non-critical faults of the HVAC equipment is collected by the element of HVAC equipment polling the HVAC equipment at a second rate, which is greater than the first rate.
Nevertheless, Gillette discloses the method comprising: normally operating the element of HVAC equipment in a normal mode characterized in that only general operational data points of the HVAC equipment that can provide a general indication of health of the HVAC equipment is collected by the element of HVAC equipment polling the HVAC equipment at a first rate (In some embodiments, dealer information and/or dealer branding may be shown on user interface 612 of thermostat 600. The dealer branding may be displayed at a first rate such as twice an hour when the HVAC system is operating normally, and may be displayed at a second rate higher than the first rate [0185]; Analytics service 2504 may use feedback from connected equipment to make accurate estimates and to detect faults. For example, analytics service 2504 may determine that despite the AC unit operating at maximum settings for the past 20 minutes, no change in temperature has been detected… Analytics service 2504 may also be able to detect problems such as capacity incongruences and staging malfunctions. It is understood that analytics service 2504 is not limited to detecting problems explicitly enumerated [0142]), and selectively operating the element of HVAC equipment in a service mode characterized in that specific operational data and sensor data and diagnostic codes that can provide a specific indication of health and critical/non-critical faults of the HVAC equipment is collected by the element of HVAC equipment polling the HVAC equipment at a second rate, which is greater than the first rate (Analytics service 2504 may use feedback from connected equipment to make accurate estimates and to detect faults. For example, analytics service 2504 may determine that despite the AC unit operating at maximum settings for the past 20 minutes, i.e., second rate,, no change in temperature has been detected… Analytics service 2504 may also be able to detect problems such as capacity incongruences and staging malfunctions, i.e. specific indication of health and critical/non-critical faults. It is understood that analytics service 2504 is not limited to detecting problems explicitly enumerated [0142]).
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 Gillette to provide a general indication of health of the HVAC and establish a baseline for comparison, collect diagnostic information under normal/service conditions, and indicate health under normal/service conditions to detect a potential fault.
Regarding Claim 17, Steinberg and Gillette 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 and Gillette 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]).
Claims 6, 12, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Steinberg and Gillette, and further in view of Vause et al. (US20210180820) hereinafter referred to as ‘Vause’.
Regarding Claim 6, Steinberg and Gillette 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 and Gillette do 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 and Gillette 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 and Gillette 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 and Gillette do 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 and Gillette 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 and Gillette 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 and Gillette do 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 and Gillette 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.
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Steinberg and Gillette, and further in view of Chesnokov et al. (EP1988348) hereinafter referred to as ‘Chesnokov’.
Regarding Claim 14, Steinberg and Gillette 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 Gillette 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, Steinberg and Gillette 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, Chesnokov discloses the service mode is automatically selected for operation (While in summer only domestic hot water is heated, in winter heat is provided for both domestic hot water and space heating. Some heating devices have an outdoor temperature sensor which automatically switches the heating from summer to winter mode. If the outside temperature exceeds a preset value, the system switches to summer mode. If the measured outside temperature falls below a certain value, the system switches to winter mode [0003]).
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 Gillette with the teachings of Chesnokov 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 and Gillette 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 and Gillette 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, Chesnokov discloses 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 (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 Gillette with the teachings of Chesnokov 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.
Response to Arguments
35 USC § 103
Applicant’s arguments with respect to claims 1-3, 5-9, 11-18, and 20 have been considered but are moot in view of new grounds of rejection.
With regards to disclosing, “the normal mode is characterized in that "only general operational data points of the HVAC equipment that can provide a general indication of health of the HVAC equipment" is collected by the element of HVAC equipment polling the HVAC equipment at a first rate and that the service mode is characterized in that "specific operational data and sensor data and diagnostic codes that can provide a specific indication of health and critical/non-critical faults of the HVAC equipment" is collected by the element of HVAC equipment polling the HVAC equipment at a second rate, which is greater than the first rate”
Gillette discloses “the normal mode… collected by the element of HVAC equipment polling the HVAC equipment at a first rate ” and “the service mode… collected by the element of HVAC equipment polling the HVAC equipment at a second rate, which is greater than the first rate” as discussed above.
Conclusion
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/SHARAH ZAAB/Examiner, Art Unit 2857
/Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2857
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