DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office action is responsive to the communication received on 02/12/2026. The claims 1- 16 are pending, of which the claim(s) 1 & 9 is/are in independent form.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Response to Arguments
Applicant’s 1arguments, see Remarks, filed 02-12-2026, with respect to the amended limitation of the independent claims 1 & 9 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 Therefore, the rejection has been withdrawn.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 discovery of new prior art US 20090001182 A1 to Siddaramanna and its combination with prior cited arts.
Siddaramanna teaches:
[0056] In some instances, utility 22 may, in response to energy demand and/or energy cost data, may determine how temperature set points are to be altered. A customer may, for example, sign a contract permitting utility 22 to alter temperature set points and/or to determine temperature differentials as necessary and/or appropriate. If utility 22 determines that a particular tier level has been reached, utility 22 may send a signal to thermostat 42 temporarily altering a temperature set point, either by providing a temporary temperature set point or by providing a temperature differential that can be applied to the temperature set point specified by the current schedule under which thermostat 42 is otherwise operating. The contract may permit utility 22 to send a signal to thermostat 42 instructing thermostat 42 to shut down HVAC equipment 14 (FIG. 1) for a length of time that may be predetermined and/or may be calculated based, for example, on current energy demand and/or current energy rates.
[0059] In some instances, utility 22 may send a signal instructing thermostat 42 to temporarily change its temperature set point by a particular temperature differential that depends on tier level For example, utility 22 may provide a signal including a temperature differential or offset of 0.degree. F. for a low energy cost, a temperature differential or offset of 2.degree. F. for a medium energy cost, a temperature differential or offset of 6.degree. F. for a high energy cost and a temperature differential or offset of 10.degree. F. for a high energy costs.
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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I) Claims 1, 8 and 9, 16 rejected on the ground of nonstatutory double patenting as being unpatentable over respectively claims 1 & 7 of U.S. Patent No. US 10539336 B2 in view of Siddaramanna et al., (US 20090001182 A1).
Regarding claim 1:
Instant Application: 18/469098
Parent Patent: US 10539336 B2
1. A server for controlling a thermostat via an intermediary mobile device, comprising:
1. A server for controlling a thermostat over a wide-area network, comprising:
a memory for storing processor-executable instructions and a temperature profile associated with the thermostat;
a memory for storing time-of-use pricing information, a temperature profile and processor-executable instructions,
a network interface for communicating with the mobile device over a wide-area
network, the mobile device associated with the thermostat; and
a network interface for communicating with a mobile device over the wide-area network, the mobile device associated with the thermostat;
a processor coupled to the memory and the network interface, for executing the
processor-executable instructions that causes the server to:
and a processor coupled to the memory and the network interface, for executing the processor-executable instructions that causes the server to:
receive, by the processor via the network interface, the temperature profile;
determine a predicted outdoor temperature where the thermostat is located; a memory for storing time-of-use pricing information, a temperature profile and processor-executable instructions
after receiving the temperature profile, a modified temperature profile; and
modify the temperature profile based on the time-of-use pricing information and the predicted outdoor temperature to produce a modified temperature profile;
provide the modified temperature profile to the mobile device associated
with the thermostat for the mobile device to provide the modified temperature
profile to the thermostat.
and provide the modified temperature profile to the mobile device associated with the thermostat for the mobile device to provide the modified temperature profile to the thermostat.
As illustrated above, the claim(s) 1 of U.S. Patent No.10539336 include all of the limitations of the claim(s) 1 of the instant application except generate, by the processor, a modified temperature profile is by using the temperature profile received via the network interface.
Siddaramanna teaches a server [computers of the utility 22] for controlling a thermostat comprising: after receiving the temperature profile, using the temperature profile received via the network interface to generate [“utility 22 may send a signal to thermostat 42 temporarily altering a temperature set point” and “including a temperature differential or offset of 0.degree. F. for a low energy cost”. The modified temperature setting being offset with current setpoint means using of the current temperature setpoint], by the processor, a modified temperature profile; and provide the modified temperature profile to…the thermostat ([055-058], Fig. 1).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Siddaramanna and claim(s) 1 of U.S. Patent No.10539336 because they both related to a server sending altered temperature profile to a thermostat and (2) modify the processor of the server of the claim(s) 1 of U.S. Patent No.10539336 to have its generated modified temperature profile by using the current temperature profile received via the network interface set into the thermostat as in Siddaramanna. Doing so would allow to save energy cost when the energy demand reaches the critical level (Siddaramanna, [0060]).
Regarding claim 8, the claim 7 of the parent patent US 10539336 in view of Siddaramanna teaches invention of this claim for the similar reasons set forth above in claim 1.
Regarding claims 9 & 16, they are also rendered obvious over inventions of the claims 1 & 7 of the parent patent US 10539336 in view of Siddaramanna for the similar reasons as in claims 1 & 8.
Claim Rejections - 35 USC § 103
Claim(s) 1- 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sloop et al. (US 20130190940 A) in view of Emmons et al. (US 20160040903 A1), and further in view of Siddaramanna et al. (US 20090001182 A1). Sloop and Emmons are references of the record. The combination of Sloop, Emmons, and Siddaramanna is referred as SES hereinafter.
Regarding claim 1, Sloop teaches a server [“server computing device 102” which is also described as “first computing device”, see para. 018] for controlling a thermostat [item 106 of a building shown in fig. 1] via an intermediary mobile device [“client devices (e.g., client device 108 in FIG. 1)” is in between thermostat 106 and the server 102 and acting as an intermediary. Furthermore, an apparatus claim covers what it is but not what it does. Thus, the feature of the preamble do not get patentable weight here. However, in the interest of compact prosecution, the mobile device of the preamble is mapped since it also being disclosed in Sloop], comprising: (Figs. 1-2, [042]);
a memory [storage used by the server 102] for storing processor-executable instructions and a temperature profile [data about thermostat settings/setpoints] associated with the thermostat; a network interface [e.g., item 202 of fig.2 ] for communicating with the mobile device over a wide-area network [item 104], the mobile device associated (the word ‘association’ means every possible direct and indirect association) with the thermostat; and a processor [CPU of the server device 102] coupled to the memory and the network interface, for executing the processor-executable instructions that causes the server to: (Figs. 1-2, [0030, 042, 055]);
receive [“the thermostat 106 transmits characteristics about its current operation status (e.g., current temperature setting, heating mode, cooling mode, power settings, efficiency conditions) to the server computing device 102”], by the processor via the network interface, the temperature profile ([030-031]);
after receiving the temperature profile [previous/already stored temperature data for the thermostat],Step 308, fig. 3; “predictive outcome module 208 generates a series of temperature set points for the thermostat…optimizing and scheduling module 210 has adjusted the series of temperature set points”, “the server computing device102 can proactively adjust the temperature set points for some or all of the thermostat”] ([038-040, 044, 046]); and
provide [Fig. 3, step 310] the modified temperature profile the sending module 214,which communicates the temperature set points to the thermostat 106 in the building”] the modified temperature profile to the thermostat ([040]).
Sloop teaches a server 102 to communicate both with a thermostat 106 and a mobile device 108 using a network 104. Sleep further teaches that the server 102 to generate and provide the modified temperature profile to the thermostat but not via the mobile device. Sloop does not disclose the situation where thermostat 106 cannot directly couple with the network 104 to connected with the server 102 to receive modified temperature profile transmitted at Step 310 of fig. 3. While Sloop teaches of server to: receive, by the processor via the network interface, the temperature profile and to generate, by the processor, a modified temperature profile, it may not necessarily teach the modified temperature profile/setpoint is based on/using the current temperature setpoint as claimed.
In summary, Sloop does not teach (as shown above with the strikethrough emphasis) the server’s processor to:
(1) provide the modified temperature profile to the mobile device associated with the thermostat for the mobile device to provide the modified temperature profile to the thermostat.
(2) its generating of the modified temperature profile is using the temperature profile received via the network interface.
However, the 1st deficiency is cured by Emmons that relates to using a mobile device as a gateway to facilitate remote connectivity and transport data to/from a server/cloud to/from a thermostat ([057]). Emmons teaches remote monitoring and controlling, at the server, for monitored thermostat 12 having Bluetooth connection using a mobile phone 32 with an app as an intermediary device ([004,016, 030], fig. 1). More specifically, Emmons teaches a server [TCC 93, analogous to server 102 of Sloop] for controlling a thermostat via an intermediary mobile device [smart phone 91, analogous to Sloop’s client device 108] comprising a processor to:
receive [“gateway in the phone may get information from a thermostat on a periodic basis and upload the information to a cloud.”], by the processor via the network interface, the temperature profile… and provide [“the gateway in the phone may check for control messages at the cloud and convey the messages to the thermostat.” “device interaction may involve manipulating thermostat temperature, settings and programs”.] the modified temperature profile to the mobile device associated with the thermostat [item 92, analogous to Sloop’s thermostat 106] for the mobile device to provide [“convey the messages”] the modified temperature profile to the thermostat (Fig. 9, [038, 057, 059-060]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Emmons and Sloop because they both related to a server monitoring and controlling various parameters of the monitored thermostat by using an mobile phone as an intermediary device to minimize the cost and (2) modify the processor of the server of Sloop to include missing limitations (provided modified temperature profile to the thermostat first by providing it to the mobile device 108 so that the mobile device can forward the modified temperature profile to the thermostat 106) as in Emmons. Doing so would allow the homeowners of the Sloop’s building to a universally fitting and relatively low cost thermostat as its thermostat 106 while still allowing to be controlled via the server/cloud 102 (Sloop, Fig. 1 & Emmons, paras. 025, 028).
Sloop in view of Emmons still fails to teach the server’s “generate, by the processor, a modified temperature profile” is also using the temperature profile received via the network interface as shown above with Sloop’s 2nd deficiency.
Siddaramanna teaches a server (utility 22) adjusting temperature setpoints in a thermostat 12 that was selected by the user of a HVAC equipment 14 by a differential amount depending on the power demand ([027], Fig. 1). Specifically, Siddaramanna teaches a server [Fig. 1, computers used by the utility 22] for controlling a thermostat [item 12] comprising a memory for storing processor-executable instructions and a temperature profile associated with the thermostat; a network interface for communicating with the thermostat and a processor [CPU used by the computers of the utility that generates “signals from utility 22 via a communication network 24”] coupled to the memory and the network interface, for executing the processor-executable instructions that causes the server to: (Fig. 1, [027, 029]);
receive, by the processor via the network interface, the temperature profile [“the temperature set point specified by the current schedule under which thermostat 42 is otherwise operating” means the current temperature set point information is provided to the utility]; after receiving the temperature profile, using the temperature profile received via the network interface to generate [“utility 22 may, in response to energy demand and/or energy cost data, may determine how temperature set points are to be altered… to determine temperature differentials as necessary and/or appropriate”. The generating of new temperature setpoint with “temperature differential or offset of” to change the current setpoint means the new/modified setpoint is determined using the received temperature profile of the thermostat 12], by the processor, a modified temperature profile; and provide [“utility 22 may provide a signal to thermostat 42 instructing thermostat 42 to change to a temporary temperature set point”] the modified temperature profile to the thermostat ([055-059]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to (1) combine Siddaramanna and Sloop in view of Emmons because they both related to a server receiving current temperature profile of a thermostat and providing a modified temperature profile to the thermostat and (2) modify the processor of the server 102 (of Sloop in view of Emmons) to have its modified temperature profile temporarily to be generated (to send to the mobile device 108 and to forward to the thermostat 106) using the current temperature profile provided to the server (from the thermostat 106 to the receiving module 202) as in Siddaramanna.
Doing so would allow the server 102 of Sloop in view of Emmons to cause saving in energy bill to the user of the thermostat 106 by changing the user applied temperature setpoint with some offset values when energy costs reach a critical level (Siddaramanna, [055, 0059]). Accordingly, the combined teachings of Sloop, Emmons, and Siddaramanna (SES) discloses each elements of the claim and renders invention of this claim obvious to PHOISITA.
Regarding claim 2, SES teaches/suggests the server of claim 1, wherein the processor-executable instructions that cause the server to generate the modified temperature profile comprises instructions that causes the server to:
receive, by the processor via the network interface, an indication of a future event [“local weather forecast conditions and when a demand response event is anticipated”. And this information is used to generate the temperature setpoints or ‘re-heat and/or pre-cool the building”]; and generate, by the processor, the modified temperature profile based on the temperature profile and the indication of the future event (Sloop [005, 030]).
Regarding claim 3, SES teaches/suggests the server of claim 2, wherein the future event comprises a rise in a forecasted outdoor temperature in a geographic location where the thermostat is located, wherein the processor-executable instructions that cause the server to generate the modified temperature profile comprises instructions that causes the server to:
receive, by the processor via the network interface, the forecasted outdoor temperature [“if the weather forecast indicates that the exterior temperature will rise from 70.degree. F. at 8:30 am to 90.degree. F. at 11:00 am,” or “perhaps the local weather authorities are equipped to broadcast a warning signal”]; determine, by the processor, that the forecasted outdoor temperature will exceed a predetermined threshold at a particular date and time; and in response to determining that the forecasted outdoor temperature will exceed the predetermined threshold at the particular date and time, generate, by the processor, the modified temperature profile prior [“the optimizing and scheduling module 210 adjusts the series of temperature set points to provide additional cooling (i.e., pre-cool) to the home in the earlier part of the morning (e.g., 8:30 am)”] to the particular date and time (Sloop, [039]).
Regarding claim 4, SES teaches/suggests the server of claim 3, wherein the processor-executable instructions comprise further instructions that causes the server to: receive, by the processor via the network interface, the geographic location of the thermostat; and determine, by the processor, a particular forecasted outdoor temperature based on the geographic location of the thermostat (Sloop, [043, 039] & Siddaramanna, [069]).
Regarding claim 5, SES teaches/suggests the server of claim 1, wherein the temperature profile comprises a temperature ramp start time, and the instructions that cause the server to generate the modified temperature profile comprises instructions that causes the server to: modify, by the processor, the temperature ramp start time, causing a heating or cooling cycle to begin sooner [pre-cool or pre-heat], or later, than indicated by the temperature ramp start time (Sloop [005, 045, 048]).
Regarding claim 6, SES teaches/suggests the server of claim 1, wherein the temperature profile comprises a temperature set point, and the instructions that cause the server to generate the modified temperature profile comprises instructions that causes the server to: modify, by the processor, the temperature set point, causing a heating or cooling cycle to end sooner, or later, than indicated by the temperature set point (Sloop, [016, 043, 039]).
Regarding claim 7, SES teaches/suggests the server of claim 4, wherein the processor-executable instructions that cause the server to provide the modified temperature profile to the mobile device associated with the thermostat comprises instructions that cause the server to:
provide the modified temperature profile to the mobile device after a scheduled temperature set point time has passed, and before the scheduled temperature set point time arrives on a day that the predicted outdoor temperature will exceed the predetermined threshold (Sloop, [038], figs. 1-3 & Emmons fig. 9).
Regarding claim 8, SES teaches/suggests the server of claim 1, wherein the processor-executable instructions that cause the server to generate the modified temperature profile comprises instructions that causes the server to:
receive, by the processor via the network interface, time-of-use pricing information [“price of energy at 8:30 am is lower than the predicted cost at 11:00 am”]; determine, by the processor, a first cost to heat or cool a structure where the thermostat is located during a first time period using the temperature profile and the time- of-use pricing information; determine, by the processor, a second cost to heat or cool the structure during the first time period using the modified temperature profile and the time-of-use pricing information; and provide, by the processor via the network interface, the modified temperature profile [provide offset to the user’s current setpoint when the price is too high] to the mobile device when the second cost is less than the first cost (Sloop, [037-039] & Siddaramanna [056-058]).
Regarding claims 9- 16, SES teaches/suggests inventions of these method claims for the similar reasons set forth above in apparatus claims 1- 8 respectively.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) Klein (US 20210033298 A1) teaches a wireless controller to set a programmable setpoint of a remote HVAC unit (Abstract).
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.
Contacts
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANTOSH R. POUDEL whose telephone number is (571)272-2347. The examiner can normally be reached Monday - Friday (8:30 am - 5:00 pm).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamini Shah can be reached at (571) 272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANTOSH R POUDEL/ Primary Examiner, Art Unit 2115
1 See, Remarks, page 8, “It is, however, submitted that Sloop does not describe using these
"characteristics" that are associated with a spec(fic thermostat when generating a modified temperature profile for that same thermostat”. While sloop’s server 102 to receive current setpoint at the receiving module 202 and to store on a data storage 204, it may or may not teach the newly generated temperature setpoint provided by the sending model 214 is based on the current setpoint as claimed.