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 .
Response to Amendment
The amendment filed on 3/16/2026 has been entered. Claims 1-19 remain pending in the present application. Applicant’s amendments to the claims have overcome the claim objections and 112 rejections set forth previously.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 7-8, 11-12, 14-15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over He et al. (US PGPUB 20220042694) in view of Bloemer et al. (US PGPUB 20220404056).
Regarding Claims 1, 11, and 15; He teaches; A method executable by a building management system for controlling air cleanliness in a building space, the method comprising: (He; at least paragraphs [0008]-[0009]; disclose a system and method for improving air quality in a building space)
predicting an occupancy of the building space during a future time period; (He; at least paragraph [0044]; disclose wherein the system and method includes predicting occupancy of zones of the building)
identifying an occupant predicted to occupy the building space during the future time period based on the predicted occupancy; (He; at least paragraph [0211]-[0212]; disclose identifying an occupant in a given zone based upon their schedule of occupancy)
obtaining an occupant-specific air cleanliness requirement for the identified occupant; (He; at least paragraphs [0210]; disclose wherein each occupant includes an occupant profile which includes required air quality data by the occupant)
using a predictive air cleanliness model for the building space and the occupant-specific air cleanliness requirement corresponding to the identified occupant to determine at least one target air cleanliness level for the building space during the future time period, the at least one target air cleanliness level being used in an optimization to generate control parameters for building equipment that operate to affect the air cleanliness in the building space; and (He; at least paragraphs [0210]-[0212]; disclose generating control parameters to operate an environmental control system based upon the user’s profile which includes air quality parameters)
operating the building equipment using the control parameters to affect the air cleanliness in the building space during the future time period. (He; at least paragraph [0211]; disclose using the adjusted parameters to affect air cleanliness in the building space where the occupant resides including using scheduling information (i.e. future time period)).
He appears to be silent on; using a predictive air cleanliness model for the building space and the occupant-specific air cleanliness requirement corresponding to the identified occupant to determine at least one target air cleanliness level for the building space during the future time period, the at least one target air cleanliness level being used in an optimization to generate control parameters for building equipment that operate to affect the air cleanliness in the building space;
However, Bloemer teaches; using a predictive air cleanliness model for the building space and the occupant-specific air cleanliness requirement corresponding to the identified occupant to determine at least one target air cleanliness level for the building space during the future time period, the at least one target air cleanliness level being used in an optimization to generate control parameters for building equipment that operate to affect the air cleanliness in the building space; (Bloemer; at least paragraphs [0131]-[0137]; disclose a predictive air quality control system and method which receives an IAQ requirement from a user, the system applies predictive modeling to determine future states and an air quality impact for the future (i.e. in the present application the system predicts a user will begin operating a stove which will cause the user’s desired IAQ parameter to fall out of desired limits), and in response, the system can determine target parameters to adjust equipment such that the desired IAQ is reached for the user at the given predicted timeframe).
He and Bloemer are analogous art because they are from the same field of endeavor or similar problem solving area, of air quality control systems.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the disclosed invention to have incorporated the known method of predictive air quality models for aid in air quality control as taught by Bloemer with the known system of an air quality and control system as taught by He in order to provide a method for providing a more efficient and reactive IAQ response system as taught by Bloemer (paragraph [0036]).
Regarding Claims 7 and 18; the combination of He and Bloemer teach; The method of claim 1, further comprising: accessing a profile of the occupant comprising an occupant-specific value of an attribute associated with the occupant separate from the occupant-specific air cleanliness requirement; determining the occupant-specific air cleanliness requirement based on the occupant- specific value of the attribute; and storing the occupant-specific air cleanliness requirement as a new attribute in the profile of the occupant. (He; at least paragraphs [0210]-[0212]).
Regarding Claim 8; the combination of He and Bloemer teach; The method of claim 7, wherein determining the occupant-specific air cleanliness requirement comprises using a stored relationship between the attribute associated with the occupant and the occupant-specific air cleanliness requirement to generate a value of the occupant-specific air cleanliness requirement based on the value of the attribute associated with the occupant. (He; at least paragraphs [0210]-[0212]).
Regarding Claim 12; the combination of He and Bloemer teach; The method of claim 11, wherein identifying the occupant of the building space during the time period based on the occupancy comprises detecting a current occupant of the building space. (He; at least paragraph [0210]-[0212]).
Regarding Claim 14; the combination of He and Bloemer teach; The method of claim 11, further comprising: monitoring sensors within building spaces of occupants during the time period; obtaining an air cleanliness measurement from the sensors within the building space during a time period; generating reports for air cleanliness for the occupants within the building space during the time period; and providing the reports to occupant data in a plurality of occupant data for the occupants of the building space during the time period. (He; at least paragraphs [0210]-[0212]).
Claims 2-6, 16-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over He et al. (US PGPUB 20220042694) in view of Bloemer et al. (US PGPUB 20220404056) in further view of Thind (US PGPUB 20100235004).
Regarding Claims 2 and 16; the combination of He and Bloemer appears to be silent on; The method of claim 1, wherein predicting the occupancy of the building space comprises: monitoring locations of occupants in one or more building spaces during a previous time period; and using an occupancy prediction model to predict the occupancy of the building space during the future time period based on the locations of the occupants within the one or more building spaces during the previous time period.
However, Thind teaches; The method of claim 1, wherein predicting the occupancy of the building space comprises: monitoring locations of occupants in one or more building spaces during a previous time period; and using an occupancy prediction model to predict the occupancy of the building space during the future time period based on the locations of the occupants within the one or more building spaces during the previous time period. (Thind; at least paragraphs [0027]-[0029]; disclose a system and method for climate control in which the system includes monitoring the occupancy of various zones over a previous period of time and then generating predictions of occupancy for future times based upon the past stored patterns).
He, Bloemer, and Thind are analogous art because they are from the same field of endeavor or similar problem solving area, of air quality control systems.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the disclosed invention to have incorporated the known method of using occupancy patterns to aid in air quality control as taught by Thind with the known system of an air quality and control system as taught by He and Bloemer in order to provide a method for utilizing the predicted occupancy information with energy rates such that optimal conditioning decisions can be made as taught by Thind (paragraph [0010]).
Regarding Claims 3 and 19; the combination of He, Bloemer, and Thind teach; The method of claim 2, wherein monitoring the locations of the occupants in the one or more building spaces during the previous time period comprises: tracking location history of the occupants based on at least one of electronic communications, user device data, or detected locations of the occupants in the one or more building spaces during the previous time period; generating a location pattern of the occupants based on the location history of the occupants in the one or more building spaces during the previous time period; storing the location pattern of the occupants in building space data; and providing the location pattern of the occupants to the occupancy prediction model to train the occupancy prediction model. (Thind; at least paragraphs [0009] and [0027]-[0029]).
Regarding Claim 4; the combination of He, Bloemer, and Thind teach; The method of claim 2, further comprising generating a report for the locations of the occupants within the one or more building spaces based on the locations of the occupants in the one or more building spaces during the previous time period. (Thind; at least paragraph [0027]).
Regarding Claim 5; the combination of He, Bloemer, and Thind teach; The method of claim 1, wherein identifying the occupant predicted to occupy the building space during the future time period comprises: obtaining, from the occupancy prediction model, an indication of a plurality of individual occupants predicted to occupy the building space during the future time period; selecting the occupant from the plurality of individual occupants; and determining an identity of the occupant using occupant-specific identity information associated with the occupant. (Thind; at least claim 2).
Regarding Claims 6 and 17; the combination of He, Bloemer, and Thind teach; The method of claim 1, further comprising: predicting that the occupant will leave the building space at an end of the future time period; identifying a second occupant predicted to occupy the building space during a second time period after the future time period; and using a second occupant-specific air cleanliness requirement for the second occupant to operate the building equipment to affect the air cleanliness in the building space during the second time period. (He; at least paragraphs [0210]-[0212]; Thind; at least paragraphs [0077]-[0081]).
Claims 9, 10, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over He et al. (US PGPUB 20220042694) in view of Bloemer et al. (US PGPUB 20220404056) in view of Thind (US PGPUB 20100235004) in further view of Mangsuli et al. (US PGPUB 20170123440).
Regarding Claims 9 and 13; the combination of He, Bloemer, and Thind teach; The method of claim 1, further comprising, identifying a plurality of occupants predicted to occupy the building space during the future time period based on the predicted occupancy; (Thind; at least paragraphs [0055]-[0056]).
The combination of He, Bloemer, and Thind appear to be silent on; obtaining a plurality of occupant-specific air cleanliness requirements for the plurality of occupants; and using the predictive air cleanliness model and the plurality of occupant-specific air cleanliness requirements to generate the control parameters for the building equipment.
However, Mangsuli teaches; ; obtaining a plurality of occupant-specific air cleanliness requirements for the plurality of occupants; and using the predictive air cleanliness model and the plurality of occupant-specific air cleanliness requirements to generate the control parameters for the building equipment. (Mangsuli; at least paragraphs [0010] and [0040]; disclose a system and method in which a controller can use a schedule of occupancy for a particular location and consider climate/air quality preferences of all occupants and take into account all occupants preferences when providing control settings to an HVAC system).
He, Bloemer, Thind, and Mangsuli are analogous art because they are from the same field of endeavor or similar problem solving area, of air quality control systems.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the disclosed invention to have incorporated the known method of accounting for all occupants preferences in air quality control as taught by Mangsuli with the known system of an air quality and control system as taught by He, Bloemer, and Thind in order to provide a method for accounting for a plurality of occupant preferences without overwhelming the air quality control system as taught by Mangsuli (paragraph [0004]).
Regarding Claim 10; the combination of He, Bloemer, Thind, and Mangsuli teach; The method of claim 9, wherein using the predictive air cleanliness model for the building space and the occupant-specific air cleanliness requirement to generate the control parameters for the building equipment that operate to affect the air cleanliness in the building space comprises: determining a group air cleanliness requirement sufficient to satisfy each of the plurality of occupant-specific air cleanliness requirements; and generating the control parameters for the building equipment using the group air cleanliness requirement. (Mangsuli; at least paragraphs [0010] and [0044]-[0045]).
Response to Arguments
Applicant’s arguments, see 9-12, filed 3/16/2026, with respect to the rejection(s) of claim(s) 1, 11, and 15 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of He et al. (US PGPUB 20220042694) in view of Bloemer et al. (US PGPUB 20220404056).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schlameuss et al. (US PGPUB 20210375440): disclose a system and method for tracking air quality within a building, calculating a current wellness index value for the structure, and providing notifications to occupants on the calculated wellness values and how to improve their current environment.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER W CARTER whose telephone number is (469)295-9262. The examiner can normally be reached 9-6:30.
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/CHRISTOPHER W CARTER/Examiner, Art Unit 2117
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