DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Remarks
2. Claims 1-20 have been examined and rejected. This Office action is responsive to the amendment filed on April 6, 2026, which has been entered in the above identified application.
Claim Objections
3. The correction to claim 19 has been approved, and the objections to the claim is withdrawn.
Claim Rejections - 35 USC § 103
4. 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.
5. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Khalafi (U.S. Patent No. 8,567,686) in view of Ribbich et al (U.S. Patent No. 10,907,844).
5-1. Regarding claim 1, Khalafi teaches the claim of operating a heating ventilation and air conditioning (HVAC) system by a thermostat to control an environmental parameter of a plurality of conditioned spaces, the thermostat being located in a first conditioned space of the plurality of conditioned spaces, by disclosing a heating and cooling system [column 1, lines 17-19; column 3, lines 36-37; column 6, lines 35-37] comprising a central thermostat 36 located in a room [column 4, lines 16-20] that controls the temperature of the room in which it is located [column 4, lines 27-35] as well as the temperature in other rooms [column 4, lines 54-60; column 5, lines 7-19].
Khalafi teaches the method comprising: detecting a first value of the environmental parameter of the first conditioned space, the first value being detected by the thermostat, by disclosing that the central thermostat 36 comprises a temperature sensing device 42 to sense the temperature of the room in which it is located [column 4, lines 23-29].
Khalafi teaches controlling, by the thermostat, the HVAC system based on the first value of the environmental parameter and a first setpoint for the environmental parameter to control the environmental parameter of the first conditioned space to the first setpoint, by disclosing that temperature setting controls of the central thermostat 36 allow a user to program the temperature [column 4, lines 31-35].
Khalafi does not expressly teach receiving, by the thermostat and from a first occupancy indicator, a first indication of occupancy of a second conditioned space of the plurality of conditioned spaces, the first occupancy indicator being a human actuated occupancy indicator, and controlling, by the thermostat, the HVAC system to control the environmental parameter of the second conditioned space based at least in part on the received first indication of occupancy of the second conditioned space. Ribbich discloses a control device/thermostat [column 9, lines 37-39] configured to measure environmental conditions in a first room of an HVAC system, and that includes a central control hub configured to communicate with a plurality of remote sensor units via a data communications interface [column 1, lines 47-54]. The thermostat is configured to control HVAC equipment based on information received from remote sensor units [column 1, lines 62-65]. Sensor units may be installed in various rooms or zones [column 16, lines 22-23; figure 7B]. A sensor unit may include a variety of sensors including a temperature sensor and an occupancy sensor [column 18, lines 54-58]. A first remote sensor includes an occupancy sensor configured to detect presence of a user within a second room and communicate occupancy information to the central control hub [column 2, lines 18-23]. The thermostat may additionally detect occupancy through communication with external object 5004, which may be any device capable of communicating with the thermostat [column 40, line 66 to column 41, line 3]. User input on the external object 5004 may be received to indicate occupancy [column 44, lines 16-23]. The thermostat is configured to control the HVAC equipment based on the occupancy information [column 2, lines 23-25]. This includes identifying user-specific climate control settings for an identified user and operating the HVAC system to achieve the user-specific climate control settings when the user is located within a first zone [column 32, lines 13-32] or is determined to be away [column 44, lines 33-36; column 53, line 61 to column 54, line 2]. This would help conserve energy. Since Khalafi discloses providing a peripheral thermostat in each additional zone that comprises a display and a temperature sensing device [Khalafi, column 4, lines 54-60] and that is able to communicate with the central thermostat [Khalafi, column 4, line 66 to column 5, line 4] for control of the HVAC system [Khalafi, column 5, lines 7-19], it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide for each of the peripheral thermostats of Khalafi, an occupancy indicator that is configured to receive occupancy information for use in controlling the HVAC system, as taught by Ribbich. This would help conserve energy. Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide such occupancy information by actuation from a human, as taught by Ribbich. This would provide a more accurate way of determining occupancy.
5-2. Regarding claim 2, Khalafi-Ribbich teach all the limitations of claim 1, wherein the method further comprises: receiving, by the thermostat and from the first occupancy indicator, a second value of the environmental parameter, by disclosing that the peripheral thermostat [Khalafi, column 4, lines 54-55] comprising the occupancy indicator [Ribbich, column 18, lines 54-58; column 40, line 66 to column 41, line 3; column 44, lines 16-23], comprises a temperature sensing device [Khalafi, column 4, lines 54-60].
Khalafi-Ribbich teach wherein controlling the HVAC system to control the environmental parameter of the second conditioned space comprises controlling the HVAC system to control the environmental parameter of the second conditioned space based at least in part on the first indication of occupancy and the second value of the environmental parameter, by disclosing that the central thermostat is configured to control the HVAC equipment based on the occupancy information [Ribbich, column 2, lines 23-25]. This includes identifying user-specific climate control settings for an identified user and operating the HVAC system to achieve the user-specific climate control settings when the user is located within a first zone [Ribbich, column 32, lines 13-32] or is determined to be away [Ribbich, column 44, lines 33-36; column 53, line 61 to column 54, line 2].
5-3. Regarding claim 3, Khalafi-Ribbich teach all the limitations of claim 2, wherein the method further comprises: receiving, by the thermostat and from the first occupancy indicator, a second setpoint for the environmental parameter, and wherein controlling the HVAC system to control the environmental parameter of the second conditioned space comprises controlling the HVAC system based at least in part on the first indication of occupancy, the second value of the environmental parameter, and the second setpoint for the environmental parameter to control the environmental parameter of the second conditioned space to the second setpoint or a value between the first setpoint and the second setpoint, by disclosing that the user is able to set a temperature for each room using the temperature settings control of the peripheral thermostat [Khalafi, column 5, lines 7-8]. The central thermostat is configured to control the HVAC equipment based on the occupancy information [Ribbich, column 2, lines 23-25]. This includes identifying user-specific climate control settings for an identified user and operating the HVAC system to achieve the user-specific climate control settings when the user is located within a first zone [Ribbich, column 32, lines 13-32] or is determined to be away [Ribbich, column 44, lines 33-36; column 53, line 61 to column 54, line 2].
5-4. Regarding claim 4, Khalafi-Ribbich teach all the limitations of claim 1. Khalafi-Ribbich do not expressly teach wherein the method further comprises: receiving, by the thermostat and from the first occupancy indicator, a first indication of non-occupancy of the second conditioned space, by disclosing determining that a user is away [Ribbich, column 44, lines 33-36; column 53, lines 61-64; column 53, line 66 to column 54, line 2].
Khalafi-Ribbich teach ceasing controlling the HVAC system to control the environmental parameter of the second conditioned space based at least in part on the received first indication of non-occupancy of the second conditioned space, by disclosing that when detecting that there is no occupancy and that outside conditions are acceptable, turn off all equipment in order to save energy [Ribbich, column 53, line 66 to column 54, line 2].
Khalafi-Ribbich teach controlling, by the thermostat, the HVAC system based on the first value of the environmental parameter detected by the thermostat and the first setpoint for the environmental parameter to control the environmental parameter of the first conditioned space to the first setpoint in response to the received first indication of non-occupancy, by disclosing that the thermostat may make operating decisions based on occupancy [Ribbich, column 42, lines 16-18] where a user may specific particular climate control settings tied to that specific user and that user’s occupancy in a particular room [Ribbich, column 32, lines 17-32]. When multiple users are determined to occupy a home, the thermostat may compromise and set the temperature to an average of both users’ settings [Ribbich, column 42, lines 55-61]. Thus, when one of those users no longer occupies a room, the condition no longer exists and the HVAC system will be controlled to adjust the temperature of a room the remaining user occupies to that user’s settings. As discussed above, the HVAC system will cease control of certain systems to the other unoccupied rooms.
5-5. Regarding claim 5, Khalafi-Ribbich teach all the limitations of claim 1, wherein the method further comprises: receiving, by the thermostat and from a second occupancy indicator, a second indication of occupancy of a third conditioned space of the plurality of conditioned spaces, the second occupancy indicator being a human actuated occupancy indicator, by disclosing that each zone has a peripheral thermostat [Khalafi, column 4, lines 54-60] comprising an occupancy indicator [Ribbich, column 18, lines 54-58; column 40, line 66 to column 41, line 3; column 44, lines 16-23]. A home may have multiple occupants such that occupancy may be detected with respect to each occupant [Ribbich, column 42, lines 16-30].
Khalafi-Ribbich teach controlling, by the thermostat, the HVAC system to control the environment parameter of the third conditioned space based at least in part on the received second indication of occupancy of the third conditioned space, by disclosing that the thermostat is able to make operating decisions based on multiple occupancy [Ribbich, column 42, lines 16-18, 42-43].
5-6. Regarding claim 6, Khalafi-Ribbich teach all the limitations of claim 5, wherein the method further comprises: receiving, by the thermostat and from the second occupancy indicator, a third value of the environmental parameter, by disclosing that the peripheral thermostat [Khalafi, column 4, lines 54-55] comprising the occupancy indicator [Ribbich, column 18, lines 54-58; column 40, line 66 to column 41, line 3; column 44, lines 16-23], comprises a temperature sensing device [Khalafi, column 4, lines 54-60].
Khalafi-Ribbich teach wherein controlling the HVAC system to control the environmental parameter of the third conditioned space comprises controlling the HVAC system to control the environmental parameter of the third conditioned space based at least in part on the second indications of occupancy of the third conditioned space and the third value of the environmental parameter, by disclosing that the central thermostat is configured to control the HVAC equipment based on the occupancy information [Ribbich, column 2, lines 23-25]. This includes identifying user-specific climate control settings for an identified user and operating the HVAC system to achieve the user-specific climate control settings when the user is located within a first zone [Ribbich, column 32, lines 13-32] or is determined to be away [Ribbich, column 44, lines 33-36; column 53, line 61 to column 54, line 2].
5-7. Regarding claim 7, Khalafi-Ribbich teach all the limitations of claim 6, wherein controlling the HVAC system to control the environmental parameter of the third conditioned space further comprises: calculating an average value of the environmental parameter as an average of the second and third values of the environmental parameter of the second and third conditioned spaces, and wherein controlling the HVAC system to control the environmental parameter of the third conditioned space comprises controlling the HVAC system to control the environmental parameter of the third conditioned space based at least in part on the average value of the environmental parameter, by disclosing that when multiple users are determined to occupy a home, the thermostat may compromise and set the temperature to an average of both users’ settings [Ribbich, column 42, lines 55-61].
5-8. Regarding claim 8, Khalafi-Ribbich teach all the limitations of claim 6, wherein the method further comprises: receiving, by the thermostat and from the second occupancy indicator, a third setpoint for the environmental parameter; and wherein controlling the HVAC system to control the environmental parameter of the third conditioned space comprises controlling the HVAC system control the environmental parameter of the third conditioned space based at least in part on the second indication of occupancy, the third value of the environmental parameter, and the third setpoint for the environmental parameter, by disclosing that the user is able to set a temperature for each room using the temperature settings control of the peripheral thermostat [Khalafi, column 5, lines 7-8]. The central thermostat is configured to control the HVAC equipment based on the occupancy information [Ribbich, column 2, lines 23-25]. This includes identifying user-specific climate control settings for an identified user and operating the HVAC system to achieve the user-specific climate control settings when the user is located within a first zone [Ribbich, column 32, lines 13-32] or is determined to be away [Ribbich, column 44, lines 33-36; column 53, line 61 to column 54, line 2].
5-9. Regarding claim 9, Khalafi-Ribbich teach all the limitations of claim 5, wherein the method further comprises: receiving, by the thermostat and from the second occupancy indicator, a first indication of non-occupancy of the third conditioned space, by disclosing determining that a user is away [Ribbich, column 44, lines 33-36; column 53, lines 61-64; column 53, line 66 to column 54, line 2].
Khalafi-Ribbich teach ceasing controlling the HVAC system to control the environmental parameter of the second conditioned space based at least in part on the received first indication of non-occupancy of the third conditioned space, by disclosing that when detecting that there is no occupancy and that outside conditions are acceptable, turn off all equipment in order to save energy [Ribbich, column 53, line 66 to column 54, line 2].
Khalafi-Tibbich teach controlling, by the thermostat, the HVAC system to control the environmental parameter of the second conditioned space based at least in part on the first indication of occupancy of the second conditioned space, by disclosing that the thermostat may make operating decisions based on occupancy [Ribbich, column 42, lines 16-18] where a user may specific particular climate control settings tied to that specific user and that user’s occupancy in a particular room [Ribbich, column 32, lines 17-32]. When multiple users are determined to occupy a home, the thermostat may compromise and set the temperature to an average of both users’ settings [Ribbich, column 42, lines 55-61]. Thus, when one of those users no longer occupies a room, the condition no longer exists and the HVAC system will be controlled to adjust the temperature of a room the remaining user occupies to that user’s settings. As discussed above, the HVAC system will cease control of certain systems to the other unoccupied rooms.
5-10. Regarding claim 10, Khalafi teaches the claim comprising: a thermostat device which controls a heating ventilation and air conditioning system (HVAC) to control a temperature of a plurality of conditioned spaces, the thermostat device comprising at least one processor, at least one memory, and a system temperature sensor, the thermostat being located in a first conditioned space of the plurality of conditioned spaces, by disclosing a central thermostat 36 located in a room [column 4, lines 16-20] of a heating and cooling system [column 1, lines 17-19; column 3, lines 36-37; column 6, lines 35-37] that controls the temperature of the room in which it is located [column 4, lines 27-35] as well as the temperature in other rooms [column 4, lines 54-60; column 5, lines 7-19]. The central thermostat 36 comprises a temperature sensing device 42 [column 4, lines 23-26] and implicitly comprises a processor and memory to carry out its functions.
Khalafi teaches a first remote auxiliary device associated with a second conditioned space and communicatively coupled to the thermostat device, by disclosing a peripheral thermostat [column 4, lines 54-60] that communicates with the central thermostat [column 4, line 66 to column 5, line 4].
Khalafi teaches the first remote auxiliary device comprising:… a first remote temperature sensor, by disclosing that the peripheral thermostat comprises a temperature sensing device [column 4, lines 54-60].
Khalafi teaches wherein the processor of the thermostat device is programmed to: detect a first value of the temperature using the system temperature sensor, by disclosing that the central thermostat 36 comprises a temperature sensing device 42 to sense the temperature of the room in which it is located [column 4, lines 23-29].
Khalafi teaches wherein the processor of the thermostat device is programmed to: control the HVAC system based on the detected first value of the temperature and a first setpoint to control the temperature of the first conditioned space to the first setpoint, by disclosing that temperature setting controls of the central thermostat 36 allow a user to program the temperature [column 4, lines 31-35].
Khalafi does not expressly teach the first remote auxiliary device comprising: a first occupancy indicator operable to produce a first indication of occupancy of the second conditioned space, the occupancy indicator being human actuated;… and control the HVAC system to control the temperature of the second conditioned space based at least in part on the first indication of occupancy of the second conditioned space. Ribbich discloses a control device/thermostat [column 9, lines 37-39] configured to measure environmental conditions in a first room of an HVAC system, and that includes a central control hub configured to communicate with a plurality of remote sensor units via a data communications interface [column 1, lines 47-54]. The thermostat is configured to control HVAC equipment based on information received from remote sensor units [column 1, lines 62-65]. Sensor units may be installed in various rooms or zones [column 16, lines 22-23; figure 7B]. A sensor unit may include a variety of sensors including a temperature sensor and an occupancy sensor [column 18, lines 54-58]. A first remote sensor includes an occupancy sensor configured to detect presence of a user within a second room and communicate occupancy information to the central control hub [column 2, lines 18-23]. The thermostat may additionally detect occupancy through communication with external object 5004, which may be any device capable of communicating with the thermostat [column 40, line 66 to column 41, line 3]. User input on the external object 5004 may be received to indicate occupancy [column 44, lines 16-23]. The thermostat is configured to control the HVAC equipment based on the occupancy information [column 2, lines 23-25]. This includes identifying user-specific climate control settings for an identified user and operating the HVAC system to achieve the user-specific climate control settings when the user is located within a first zone [column 32, lines 13-32] or is determined to be away [column 44, lines 33-36; column 53, line 61 to column 54, line 2]. This would help conserve energy. Since Khalafi discloses providing a peripheral thermostat in each additional zone that comprises a display and a temperature sensing device [Khalafi, column 4, lines 54-60] and that is able to communicate with the central thermostat [Khalafi, column 4, line 66 to column 5, line 4] for control of the HVAC system [Khalafi, column 5, lines 7-19], it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide for each of the peripheral thermostats of Khalafi, an occupancy indicator that is configured to receive occupancy information for use in controlling the HVAC system, as taught by Ribbich. This would help conserve energy. Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide such occupancy information by actuation from a human, as taught by Ribbich. This would provide a more accurate way of determining occupancy.
5-11. Regarding claim 11, Khalafi-Ribbich teach all the limitations of claim 10, wherein the processor of the thermostat device is further programmed to: receive, from the first remote auxiliary device, a second value of the temperature measured by the first remote temperature sensor, by disclosing that the peripheral thermostat [Khalafi, column 4, lines 54-55] comprising the occupancy indicator [Ribbich, column 18, lines 54-58; column 40, line 66 to column 41, line 3; column 44, lines 16-23], comprises a temperature sensing device [Khalafi, column 4, lines 54-60].
Khalafi-Ribbich teach control the HVAC system to control the temperature of the second conditioned space based at least in part on the first indication of occupancy and the second value of the temperature, by disclosing that the central thermostat is configured to control the HVAC equipment based on the occupancy information [Ribbich, column 2, lines 23-25]. This includes identifying user-specific climate control settings for an identified user and operating the HVAC system to achieve the user-specific climate control settings when the user is located within a first zone [Ribbich, column 32, lines 13-32] or is determined to be away [Ribbich, column 44, lines 33-36; column 53, line 61 to column 54, line 2].
5-12. Regarding claim 12, Khalafi-Ribbich teach all the limitations of claim 11, wherein the processor of the thermostat device is further programmed to: receive, from the first remote auxiliary device, a second setpoint; and control the HVAC system based at least in part on the first indication of occupancy, the second value of the temperature, and the second setpoint to control the temperature of the second conditioned space, by disclosing that the user is able to set a temperature for each room using the temperature settings control of the peripheral thermostat [Khalafi, column 5, lines 7-8]. The central thermostat is configured to control the HVAC equipment based on the occupancy information [Ribbich, column 2, lines 23-25]. This includes identifying user-specific climate control settings for an identified user and operating the HVAC system to achieve the user-specific climate control settings when the user is located within a first zone [Ribbich, column 32, lines 13-32] or is determined to be away [Ribbich, column 44, lines 33-36; column 53, line 61 to column 54, line 2].
5-13. Regarding claim 13, Khalafi-Ribbich teach all the limitations of claim 10, wherein the processor of the thermostat device is further programmed to: receive, from the first remote auxiliary device, a first indication of non-occupancy of the second conditioned space, by disclosing determining that a user is away [Ribbich, column 44, lines 33-36; column 53, lines 61-64; column 53, line 66 to column 54, line 2].
Khalafi-Ribbich teach ceasing controlling the HVAC system to control the temperature of the second conditioned space, by disclosing that when detecting that there is no occupancy and that outside conditions are acceptable, turn off all equipment in order to save energy [Ribbich, column 53, line 66 to column 54, line 2].
Khalafi-Ribbich teach control the HVAC system based on the first value of the temperature and the first setpoint in response to the received first indication of non-occupancy, by disclosing that the thermostat may make operating decisions based on occupancy [Ribbich, column 42, lines 16-18] where a user may specific particular climate control settings tied to that specific user and that user’s occupancy in a particular room [Ribbich, column 32, lines 17-32]. When multiple users are determined to occupy a home, the thermostat may compromise and set the temperature to an average of both users’ settings [Ribbich, column 42, lines 55-61]. Thus, when one of those users no longer occupies a room, the condition no longer exists and the HVAC system will be controlled to adjust the temperature of a room the remaining user occupies to that user’s settings. As discussed above, the HVAC system will cease control of certain systems to the other unoccupied rooms.
5-14. Regarding claim 14, Khalafi-Ribbich teach all the limitations of claim 10, further comprising: a second auxiliary device associated with a third conditioned space communicatively coupled to the thermostat device comprising: a second occupancy indicator operable to produce a second indication of occupancy of the third conditioned space, the second occupancy indicator being human actuated; and a second remote temperature sensor, by disclosing that each zone has a peripheral thermostat [Khalafi, column 4, lines 54-60] comprising an occupancy indicator [Ribbich, column 18, lines 54-58; column 40, line 66 to column 41, line 3; column 44, lines 16-23], that comprises a temperature sensing device [Khalafi, column 4, lines 54-60]. A home may have multiple occupants such that occupancy may be detected with respect to each occupant [Ribbich, column 42, lines 16-30].
Khalafi-Ribbich teach wherein the processor of the thermostat device is further programmed to: receive, from the second remote auxiliary device, the second indication of occupancy of a third conditioned space of the plurality of spaces; and control the HVAC system to control the temperature of the third conditioned space based at least in part on the received second indication of occupancy of the third conditioned space, by disclosing that the thermostat is able to make operating decisions based on multiple occupancy [Ribbich, column 42, lines 16-18, 42-43].
5-15. Regarding claim 15, Khalafi-Ribbich teach all the limitations of claim 14, wherein the processor of the thermostat device is further programmed to: receive, from the second remote auxiliary device, a third value of the temperature by the second remote temperature sensor, by disclosing that the peripheral thermostat [Khalafi, column 4, lines 54-55] comprising the occupancy indicator [Ribbich, column 18, lines 54-58; column 40, line 66 to column 41, line 3; column 44, lines 16-23], comprises a temperature sensing device [Khalafi, column 4, lines 54-60].
Khalafi-Ribbich teach control the HVAC system to control the temperature of the third conditioned space based at least in part on the second indication of occupancy and the third value of the temperature, by disclosing that the central thermostat is configured to control the HVAC equipment based on the occupancy information [Ribbich, column 2, lines 23-25]. This includes identifying user-specific climate control settings for an identified user and operating the HVAC system to achieve the user-specific climate control settings when the user is located within a first zone [Ribbich, column 32, lines 13-32] or is determined to be away [Ribbich, column 44, lines 33-36; column 53, line 61 to column 54, line 2].
5-16. Regarding claim 16, Khalafi-Ribbich teach all the limitations of claim 15, wherein the processor of the thermostat device is further programmed to: calculate an average temperature as an average of the second and third values of the temperature of the second and third conditioned spaces; and control the HVAC system to control the temperature of the third conditioned space based at least in part on the average temperature, by disclosing that when multiple users are determined to occupy a home, the thermostat may compromise and set the temperature to an average of both users’ settings [Ribbich, column 42, lines 55-61].
5-17. Regarding claim 17, Khalafi-Ribbich teach all the limitations of claim 15, wherein the processor of the thermostat device is further programmed to: receive, from the second remote auxiliary device, a third setpoint for the temperature; and control the HVAC system based at least in part on the second indication of occupancy, the third value of the temperature, and the third setpoint for the environmental parameter, by disclosing that the user is able to set a temperature for each room using the temperature settings control of the peripheral thermostat [Khalafi, column 5, lines 7-8]. The central thermostat is configured to control the HVAC equipment based on the occupancy information [Ribbich, column 2, lines 23-25]. This includes identifying user-specific climate control settings for an identified user and operating the HVAC system to achieve the user-specific climate control settings when the user is located within a first zone [Ribbich, column 32, lines 13-32] or is determined to be away [Ribbich, column 44, lines 33-36; column 53, line 61 to column 54, line 2].
5-18. Regarding claim 18, Khalafi-Ribbich teach all the limitations of claim 14, wherein the processor of the thermostat device is further programmed to: receive, from the second remote auxiliary device, a first indication of non-occupancy of the third conditioned space, by disclosing determining that a user is away [Ribbich, column 44, lines 33-36; column 53, lines 61-64; column 53, line 66 to column 54, line 2].
Khalafi-Ribbich teach ceasing controlling the HVAC system to control the environmental parameter of the third conditioned space based at least in part on the received second indication of occupancy of the third conditioned space, by disclosing that when detecting that there is no occupancy and that outside conditions are acceptable, turn off all equipment in order to save energy [Ribbich, column 53, line 66 to column 54, line 2].
Khalafi-Tibbich teach control the HVAC system to control the temperature of the second conditioned space based at least in part on the first indication of occupancy of the second conditioned space, by disclosing that the thermostat may make operating decisions based on occupancy [Ribbich, column 42, lines 16-18] where a user may specific particular climate control settings tied to that specific user and that user’s occupancy in a particular room [Ribbich, column 32, lines 17-32]. When multiple users are determined to occupy a home, the thermostat may compromise and set the temperature to an average of both users’ settings [Ribbich, column 42, lines 55-61]. Thus, when one of those users no longer occupies a room, the condition no longer exists and the HVAC system will be controlled to adjust the temperature of a room the remaining user occupies to that user’s settings. As discussed above, the HVAC system will cease control of certain systems to the other unoccupied rooms.
5-19. Regarding claim 19, Khalafi teaches the claim comprising: a plurality of remote auxiliary devices, each remote auxiliary device associated with one of a plurality of conditioned spaces, by disclosing a peripheral thermostat in each additional zone [column 4, lines 54-60].
Khalafi teaches wherein each auxiliary device comprises… a remote temperature sensor, by disclosing that each peripheral thermostat comprises a temperature sensing device 42 [column 4, lines 54-60].
Khalfi teaches a thermostat that controls a heating ventilation and air conditioning system (HVAC), the thermostat comprising a processor, a memory device, and a temperature sensor, the processor communicatively coupled to a memory device and the plurality of remote auxiliary devices, the thermostat being located in a first conditioned space of a plurality of conditioned spaces, by disclosing a central thermostat 36 located in a room [column 4, lines 16-20] of a heating and cooling system [column 1, lines 17-19; column 3, lines 36-37; column 6, lines 35-37] that controls the temperature of the room in which it is located [column 4, lines 27-35] as well as the temperature in other rooms [column 4, lines 54-60; column 5, lines 7-19]. The central thermostat 36 comprises a temperature sensing device 42 [column 4, lines 23-26] and implicitly comprises a processor and memory to carry out its functions. The central thermostat is in communication with each of the peripheral thermostats [column 4, line 66 to column 5, line 4].
Khalafi teaches the memory device comprising instructions, which when executed by the processor, cause the processor to: detect a first value of the temperature using the temperature sensor of the thermostat, by disclosing that the central thermostat 36 comprises the temperature sensing device 42 to sense the temperature of the room in which it is located [column 4, lines 23-29].
Khalafi teaches the memory device comprising instructions, which when executed by the processor, cause the processor to: control the HVAC system based on the first value of the temperature and a first setpoint to control the temperature of the first conditioned space to the first setpoint, by disclosing that temperature setting controls of the central thermostat 36 allow a user to program the temperature [column 4, lines 31-35].
Khalafi does not expressly teach wherein each auxiliary device comprises a manually activated occupancy indicator;… receive, from a first remote auxiliary device, a first indication of occupancy of a second conditioned space of the plurality of conditioned spaces; and control the HVAC system to control the temperature of the second conditioned space based at least in part on the first indication of occupancy of the second conditioned space. Ribbich discloses a control device/thermostat [column 9, lines 37-39] configured to measure environmental conditions in a first room of an HVAC system, and that includes a central control hub configured to communicate with a plurality of remote sensor units via a data communications interface [column 1, lines 47-54]. The thermostat is configured to control HVAC equipment based on information received from remote sensor units [column 1, lines 62-65]. Sensor units may be installed in various rooms or zones [column 16, lines 22-23; figure 7B]. A sensor unit may include a variety of sensors including a temperature sensor and an occupancy sensor [column 18, lines 54-58]. A first remote sensor includes an occupancy sensor configured to detect presence of a user within a second room and communicate occupancy information to the central control hub [column 2, lines 18-23]. The thermostat may additionally detect occupancy through communication with external object 5004, which may be any device capable of communicating with the thermostat [column 40, line 66 to column 41, line 3]. User input on the external object 5004 may be received to indicate occupancy [column 44, lines 16-23]. The thermostat is configured to control the HVAC equipment based on the occupancy information [column 2, lines 23-25]. This includes identifying user-specific climate control settings for an identified user and operating the HVAC system to achieve the user-specific climate control settings when the user is located within a first zone [column 32, lines 13-32] or is determined to be away [column 44, lines 33-36; column 53, line 61 to column 54, line 2]. This would help conserve energy. Since Khalafi discloses providing a peripheral thermostat in each additional zone that comprises a display and a temperature sensing device [Khalafi, column 4, lines 54-60] and that is able to communicate with the central thermostat [Khalafi, column 4, line 66 to column 5, line 4] for control of the HVAC system [Khalafi, column 5, lines 7-19], it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide for each of the peripheral thermostats of Khalafi, an occupancy indicator that is configured to receive occupancy information for use in controlling the HVAC system, as taught by Ribbich. This would help conserve energy. Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide such occupancy information by actuation from a human, as taught by Ribbich. This would provide a more accurate way of determining occupancy.
5-20. Regarding claim 20, Khalafi-Ribbich teach all the limitations of claim 19, wherein the instructions cause the processor to: receive, from the first remote auxiliary device, a second value of the temperature detected using the remote temperature sensor, by disclosing that the peripheral thermostat [Khalafi, column 4, lines 54-55] comprising the occupancy indicator [Ribbich, column 18, lines 54-58; column 40, line 66 to column 41, line 3; column 44, lines 16-23], comprises a temperature sensing device [Khalafi, column 4, lines 54-60].
Khalafi-Ribbich teach control the HVAC system to control the temperature of the second conditioned space based at least in part on the first indication of occupancy and the second value of temperature, by disclosing that the central thermostat is configured to control the HVAC equipment based on the occupancy information [Ribbich, column 2, lines 23-25]. This includes identifying user-specific climate control settings for an identified user and operating the HVAC system to achieve the user-specific climate control settings when the user is located within a first zone [Ribbich, column 32, lines 13-32] or is determined to be away [Ribbich, column 44, lines 33-36; column 53, line 61 to column 54, line 2].
Response to Arguments
6. The Examiner acknowledges the Applicant’s amendments to claims 1-20.
Regarding independent claim 1, Applicant alleges that Barrett et al (Pub. No. US 2010/0163633) fails to describe or suggest at least "receiving, by the thermostat and from a first occupancy indicator, a first indication of occupancy of a second conditioned space of the plurality of conditioned spaces, the first occupancy indicator being a human actuated occupancy indicator… and controlling, by the thermostat, the HVAC system to control the environmental parameter of the second conditioned space based at least in part on the received first indication of occupancy of the second conditioned space," as has been amended to the claim, because Barrett’s system does not include a thermostat performing all of the steps recited by claim 1 as being performed by the thermostat. Examiner has rejected claim 1 under 35 U.S.C. 103 as being unpatentable over Khalafi (U.S. Patent No. 8,567,686) in view of Ribbich et al (U.S. Patent No. 10,907,844). Applicant’s arguments have been considered but are moot in view of the new grounds of rejection.
Applicant’s amendments to independent claims 10 and 19 change the scope of the claims and thus, claims 10 and 19 have been rejected under 35 U.S.C. 103 as being unpatentable over Khalafi (U.S. Patent No. 8,567,686) in view of Ribbich et al (U.S. Patent No. 10,907,844). Applicant’s arguments have been considered but are moot in view of the new grounds of rejection.
Applicant states that dependent claims 2-9, 11-18, and 20 recite all the limitations of the independent claims, and thus, are allowable in view of the remarks set forth regarding independent claims 1, 10, and 19. However, as discussed above, Khalafi in view of Ribbich are considered to teach claims 1. 10, and 19, and consequently, claims 2-9, 11-18, and 20 are rejected.
Conclusion
7. 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.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALVIN H TAN whose telephone number is (571)272-8595. The examiner can normally be reached M-F 10AM-6PM.
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/ALVIN H TAN/Primary Examiner, Art Unit 2118
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