DETAILED ACTION
Claims 1-7 are pending.
Claims 8-15 and 17-20 are withdrawn from consideration.
Claim 16 and cancelled.
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 Arguments
Applicant’s arguments, filed 02/27/2026, have been fully considered but are moot in view of the new ground(s) of rejection.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7, respectively, of U.S. Patent No. 9,310,815.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, of U.S. Patent No. 10,379,508.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17, of U.S. Patent No. 11,042,141.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 and claims 10-12, of U.S. Patent No. 11,892,182.
Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claims are anticipated by the reference claims.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mueller et al., US Patent No. 7,775,454 (hereinafter Mueller).
Regarding claims 1-7, Mueller discloses all the claimed limitations, as outlined below.
Claim 1. A method, performed by a system having a processor, for conserving energy by performing setpoint-based duty cycling of a heating, ventilation, and air condition (HVAC) system of a building, the method comprising: storing a plurality of base setpoint values for a thermostat associated with the HVAC system; receiving an indication of a duty cycling event, determining whether the duty cycling event is an offset-based duty cycling event; in response to determining that the duty cycling event is an offset-based duty cycling event, determining an offset value for the duty cycling event, determining whether the HVAC system is in cooling mode, in response to determining that the HVAC system is in cooling mode, determining a first offset setpoint value based at least in part on one of the plurality of base setpoint values and the first offset value, adjusting a setpoint of the thermostat associated with the HVAC system to the first offset setpoint value, determining a first wait time based at least in part on the duty cycling event, and after waiting for at least the first wait time, adjusting the setpoint of the thermostat associated with the HVAC system to one of the plurality of base setpoint values, and in response to determining that the HVAC system is not in cooling mode, determining a second offset setpoint value based at least in part on one of the plurality of base setpoint values and the offset value, adjusting the setpoint of the thermostat associated with the HVAC system to the second offset setpoint value, determining a second wait time based at least in part on the associated period of the duty cycling event, and after waiting for at least the second wait time, adjusting the setpoint of the thermostat associated with the HVAC system to one of the plurality of base setpoint values; and in response to determining that the duty cycling event is not an offset-based duty cycling event, determining a third wait time based at least in part on the associated period of the duty cycling event, and after waiting for at least the third wait time, adjusting the setpoint of the thermostat associated with the HVAC system to one of the plurality of base setpoint values (C6 L 3-15 and C9 L1-19 - - Mueller discloses that a request for reduced operation has been received within a predetermined time period, a controller includes at least one temperature offset value in determining the space temperature value. The predetermined time period may comprise a three hour period, for example, which would allow a utility provider to communicate a signal to request reduced cooling operation that would remain in effect for three hours. During this predetermined time period, the thermostat's microprocessor controller would continue to offset the determined temperature value for the space. The offset would artificially lower the space temperature value, such that the set-point temperature is either satisfied or more quickly reached, to thereby reduce the need for cooling operation.
Mueller also discloses embodiments of a system and method that comprise a number of offset values, where the offset value varies or is incrementally changed with operating time, for example.
Mueller also discloses periodically receiving the communication of information indicative of the sensed temperature within a space from at least one sensor. Determining a temperature value for the space, based on information received from the at least one sensor and at least one temperature offset value when a request for reduced operation has been received within a predetermined time period).
Claim 2. The method of claim 1, wherein the plurality of base setpoint values are associated with a setpoint schedule and wherein each of the plurality of setpoint values has an associated start time (C6 L 3-15 and C9 L1-19 - - Mueller discloses that a request for reduced operation has been received within a predetermined time period, a controller includes at least one temperature offset value in determining the space temperature value. The predetermined time period may comprise a three hour period, for example, which would allow a utility provider to communicate a signal to request reduced cooling operation that would remain in effect for three hours. During this predetermined time period, the thermostat's microprocessor controller would continue to offset the determined temperature value for the space. The offset would artificially lower the space temperature value, such that the set-point temperature is either satisfied or more quickly reached, to thereby reduce the need for cooling operation.
Mueller also discloses embodiments of a system and method that comprise a number of offset values, where the offset value varies or is incrementally changed with operating time, for example.
Mueller also discloses periodically receiving the communication of information indicative of the sensed temperature within a space from at least one sensor. Determining a temperature value for the space, based on information received from the at least one sensor and at least one temperature offset value when a request for reduced operation has been received within a predetermined time period).
Claim 3. The method of claim 1, wherein the indication of the duty cycling event is received from a utility as part of a demand response request (C6 L 3-15 and C9 L1-19 - - Mueller discloses that a request for reduced operation has been received within a predetermined time period, a controller includes at least one temperature offset value in determining the space temperature value. The predetermined time period may comprise a three hour period, for example, which would allow a utility provider to communicate a signal to request reduced cooling operation that would remain in effect for three hours. During this predetermined time period, the thermostat's microprocessor controller would continue to offset the determined temperature value for the space. The offset would artificially lower the space temperature value, such that the set-point temperature is either satisfied or more quickly reached, to thereby reduce the need for cooling operation.
Mueller also discloses embodiments of a system and method that comprise a number of offset values, where the offset value varies or is incrementally changed with operating time, for example.
Mueller also discloses periodically receiving the communication of information indicative of the sensed temperature within a space from at least one sensor. Determining a temperature value for the space, based on information received from the at least one sensor and at least one temperature offset value when a request for reduced operation has been received within a predetermined time period).
Claim 4. The method of claim 1, wherein determining the first offset setpoint value comprises determining the sum of a base setpoint value and the first offset value (C6 L 3-15 and C9 L1-19 - - Mueller discloses that a request for reduced operation has been received within a predetermined time period, a controller includes at least one temperature offset value in determining the space temperature value. The predetermined time period may comprise a three hour period, for example, which would allow a utility provider to communicate a signal to request reduced cooling operation that would remain in effect for three hours. During this predetermined time period, the thermostat's microprocessor controller would continue to offset the determined temperature value for the space. The offset would artificially lower the space temperature value, such that the set-point temperature is either satisfied or more quickly reached, to thereby reduce the need for cooling operation.
Mueller also discloses embodiments of a system and method that comprise a number of offset values, where the offset value varies or is incrementally changed with operating time, for example.
Mueller also discloses periodically receiving the communication of information indicative of the sensed temperature within a space from at least one sensor. Determining a temperature value for the space, based on information received from the at least one sensor and at least one temperature offset value when a request for reduced operation has been received within a predetermined time period).
Claim 5. The method of claim 1, wherein determining the second offset setpoint value comprises determining the difference between a base setpoint value and the first offset value (C6 L 3-15 and C9 L1-19 - - Mueller discloses that a request for reduced operation has been received within a predetermined time period, a controller includes at least one temperature offset value in determining the space temperature value. The predetermined time period may comprise a three hour period, for example, which would allow a utility provider to communicate a signal to request reduced cooling operation that would remain in effect for three hours. During this predetermined time period, the thermostat's microprocessor controller would continue to offset the determined temperature value for the space. The offset would artificially lower the space temperature value, such that the set-point temperature is either satisfied or more quickly reached, to thereby reduce the need for cooling operation.
Mueller also discloses embodiments of a system and method that comprise a number of offset values, where the offset value varies or is incrementally changed with operating time, for example.
Mueller also discloses periodically receiving the communication of information indicative of the sensed temperature within a space from at least one sensor. Determining a temperature value for the space, based on information received from the at least one sensor and at least one temperature offset value when a request for reduced operation has been received within a predetermined time period).
Claim 6. The method of claim 1, wherein determining the first offset setpoint value comprises determining the sum of a base setpoint value and a fraction of the first offset value (C6 L 3-15 and C9 L1-19 - - Mueller discloses that a request for reduced operation has been received within a predetermined time period, a controller includes at least one temperature offset value in determining the space temperature value. The predetermined time period may comprise a three hour period, for example, which would allow a utility provider to communicate a signal to request reduced cooling operation that would remain in effect for three hours. During this predetermined time period, the thermostat's microprocessor controller would continue to offset the determined temperature value for the space. The offset would artificially lower the space temperature value, such that the set-point temperature is either satisfied or more quickly reached, to thereby reduce the need for cooling operation.
Mueller also discloses embodiments of a system and method that comprise a number of offset values, where the offset value varies or is incrementally changed with operating time, for example.
Mueller also discloses periodically receiving the communication of information indicative of the sensed temperature within a space from at least one sensor. Determining a temperature value for the space, based on information received from the at least one sensor and at least one temperature offset value when a request for reduced operation has been received within a predetermined time period).
Claim 7. The method of claim 1, wherein determining the second offset setpoint value comprises determining the difference between a base setpoint value and a fraction of the first offset value (C6 L 3-15 and C9 L1-19 - - Mueller discloses that a request for reduced operation has been received within a predetermined time period, a controller includes at least one temperature offset value in determining the space temperature value. The predetermined time period may comprise a three hour period, for example, which would allow a utility provider to communicate a signal to request reduced cooling operation that would remain in effect for three hours. During this predetermined time period, the thermostat's microprocessor controller would continue to offset the determined temperature value for the space. The offset would artificially lower the space temperature value, such that the set-point temperature is either satisfied or more quickly reached, to thereby reduce the need for cooling operation.
Mueller also discloses embodiments of a system and method that comprise a number of offset values, where the offset value varies or is incrementally changed with operating time, for example.
Mueller also discloses periodically receiving the communication of information indicative of the sensed temperature within a space from at least one sensor. Determining a temperature value for the space, based on information received from the at least one sensor and at least one temperature offset value when a request for reduced operation has been received within a predetermined time period).
Citation of Pertinent Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Bishop, US Patent No. 5,415,346 – relates to controlling the air conditioning system in a static condition mode during normal operations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS R ORTIZ RODRIGUEZ whose telephone number is (571)272-3766. The examiner can normally be reached on Mon-Fri 10:00 am- 6:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached on 571-272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CARLOS R ORTIZ RODRIGUEZ/ Primary Examiner, Art Unit 2119
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