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 .
DETAILED ACTION
Claim Objections
Claim 10 is objected to because of the following informalities: The word “transmissision” in claim 10 is misspelled and should be “transmission.” Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 7 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. The claim recites the limitation "receive, by the second HV AC device and from a third HV AC device, second data." By the language of the claim, one having ordinary skill in the art would not understand whether the “second data” is associated with the second configuration file. The next element relates the second configuration file with a second type of data, but again this second type of data may or may not be related to the second data. The claim lacks clarity on the transmission criteria for data, the type of data, what constitutes first or second data, and the conditions on whether the second HVAC device sends to the server data. Appropriate action is required.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 8, 10, 11, 16, and 17 are rejected under 35 U.S.C. 102(a)(1) or 102(a)(2) as being anticipated by Tsubota et al. (US PG Pub. No. 20080024603), herein “Tsubota.”
Regarding claim 1,
Tsubota teaches a system comprising: one or more processors;
and memory storing computer-executable instructions that, when executed by the one or more processors, cause the one or more processors to: (Par. 0047: “Control unit 210 receives electric power to control operations of surveillance camera 100. Control unit 210 is realized as a processor which executes a program for realizing each processing. Alternatively, control unit 210 may be realized by a combination of circuit elements for realizing each processing. Concretely, control unit 210 reads a control code from an electric signal sent from light receiving unit 220 based on the electric signal, and stores the control code in an area secured previously in storage unit 230.”)
receive, by a first heating, ventilation, and air conditioning (HVAC) device and from one or more remote servers, a configuration file; (Par. 0034: “configuration of a packet 1900 transmitted from appliance-information management server 1510 to surveillance camera 1500.” Par. 0121: “FIG. 20 conceptually shows a configuration of packet 1900 transmitted from appliance-information management server 1510 to surveillance camera 1500. Packet 1900 contains a header 1910 and a data detail 1920.” Par. 0056: “Herein, the appliance is not limited to television set 110, and may be HDD recorder 120, a lighting fixture (not shown), an air conditioner (not shown) or the like.”)
determine, based on the configuration file, that a first data transmission criteria for a first type of data is satisfied; (Par. 0122: “Header 1910 contains data for specifying a transmission source of packet 1900 (an address for specifying a position of appliance-information management server 1510 on the Internet 150), data for specifying an address of packet 1900 (e.g., an address of surveillance camera 1500 on the network), date and time at which packet 1900 is transmitted, and attribute information indicating a detail of data transmitted with packet 1900 (e.g., "transmission of appliance information").”) and
transmit, to the one or more remote servers, and based on the first data transmission criteria for the first type of data being satisfied, first data of the first type of data. (Par. 0134: “…control unit 210 generates data for an inquiry about the information of the appliance, and transmits the data to appliance-information management server 1510 through communication unit 260.” See figure 2 that shows the appliance 100 comprising the control unit 210. )
Regarding claim 2,
The previously cited reference(s) teach the limitations of claim 1 which claim 2 depends. Tsubota also teaches that the first data transmission criteria comprises a first time interval. Par. 0122: “Header 1910 contains data for specifying a transmission source of packet 1900 (an address for specifying a position of appliance-information management server 1510 on the Internet 150), data for specifying an address of packet 1900 (e.g., an address of surveillance camera 1500 on the network), date and time at which packet 1900 is transmitted, and attribute information indicating a detail of data transmitted with packet 1900 (e.g., "transmission of appliance information").”
Regarding claim 8,
The previously cited reference(s) teach the limitations of claim 1 which claim 8 depends. Tsubota also teaches that the one or more remote servers are configured to store the first data. (Par. 0117: “CPU 1610 of appliance-information management server 1510 refers to data stored in hard disk 1650, and generates a packet by using the data. The packet is transmitted to an appliance requesting provision of information.” Par. 0110.)
Regarding claims 10 and 11, they are directed to a method of steps to implement the system or apparatuses set forth in claims 1 and 2, respectively. Tsubota teaches the claimed system or apparatuses in claims 1 and 2. Therefore, Tsubota teaches the method of steps in claims 10 and 11.
Regarding claims 16 and 17, they are directed to HVAC device comprising a processor, to implement the system or apparatuses set forth in claims 1 and 2, respectively. Tsubota teaches the claimed system or apparatuses in claims 1 and 2. Tsubota also teaches a processor in paragraph 0047: “Control unit 210 receives electric power to control operations of surveillance camera 100. Control unit 210 is realized as a processor which executes a program for realizing each processing.” Par. 0056: “Herein, the appliance is not limited to television set 110, and may be HDD recorder 120, a lighting fixture (not shown), an air conditioner (not shown) or the like.” Therefore, Tsubota teaches an HVAC device with a processor, to implement the system, as in claims 16 and 17.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 3 – 5, 12 – 14, and 18 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tsubota in view of Lowrey et al. (PG Pub. No. 20020133273), herein “Lowrey.”
Regarding claim 3,
The previously cited references teach the limitations of claim 2 which claim 3 depends. Tsubota does not teach that a second data transmission is a change in the first type of data. However, Lowrey does teach that the computer-executable instructions further cause the one or more processors to: determine, by the first HVAC device, that a second data transmission criteria for the first type of data has been satisfied, wherein transmitting the first data to the one or more remote servers is further based on the second data transmission criteria being satisfied, and wherein the second data transmission criteria comprises a change in a value of the first type of data. (Par. 0013: “…the communication software supported by the data-collection component features a schema component that identifies the diagnostic data to be collected from the vehicle's computer. The schema component features an address that describes a location of a diagnostic datum in the vehicle's computer memory. It can also describe a time or frequency that the data-collection component collects data from the vehicle's computer, or a time or frequency that the data-transmission component transmits an outgoing data packet. The schema component is typically an ASCII or binary data file that is configured to be processed by the communication software.” Par. 0022: “Alternatively, the vehicle may be configured to automatically perform these steps at predetermined or random time intervals. As described in detail below, the transmission frequency can be changed in real time by downloading a new `schema` to the wireless appliance through the wireless network.” Par. 0005: “Data are accessed through the same OBD-II connector used by conventional scan tools. In this way, the invention collects data similar to those collected by scan tools, only they are collected in real-time while the vehicle is actually being driven. The invention also provides an Internet-based web site to view these data. The web site also includes functionality to modify the type of data being collected, e.g. the type of diagnostic data or the frequency at which it is collected. The data can be collected and viewed over the Internet without having to bring the vehicle in for service. The data include, for example, DTCs and mechanical and electrical data stored in the vehicle's engine computer.” Examiner’s Note – the data transmission in Lowrey applies to a vehicle, but Tsubota teaches the element as applied to an appliance such as an air conditioning unit.)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have combined the system and method of transmitting from a server a packet that contains information such as date and time or frequency to send the information to the server as in Tsubota with a host computer defining the schema of data to be sent and wherein a device sends to a host computer such as a server, data such as diagnostic data, at intervals wherein the type of data and intervals can change based on the schema as in Lowrey in order to have problems with the appliance (such as an air conditioning unit as in Tsubota) or vehicle be efficiently diagnosed and possible predict problems before they actually occur. (Lowrey Par. 0024).
Regarding claim 4,
The previously cited references teach the limitations of claim 1 which claim 4 depends. Tsubota does not teach a change in the value of the first type of data. However, Lowrey does teach that the first data transmission criteria comprises a change in a value of the first type of data. (See Lowrey Par. 0005, 0013, and 0022 – that teach the modifying the type and frequency changing.)
Regarding claim 5,
The previously cited references teach the limitations of claim 1 which claim 5 depends. Tsubota does not teach the elements of claim 5 of second data transmission criteria. However, Lowrey does teach determine, by the first HVAC device and based on the configuration file, that a second data transmission criteria for a second type of data has been satisfied, wherein the second type of data is different than the first type of data; and transmit, by the first HVAC device, to the one or more remote servers, and based on the second data transmission criteria for the second type of data being satisfied, second data of the second type of data. (Par. 0022: “In the above-described method, the term "airlink" refers to a standard wireless connection (e.g., a connection used for wireless telephones or pagers) between a transmitter and a receiver. This term describes the connection between a data-transmission component and the wireless network that supports data transmitted by this component. Also in the above-described method, the `generating` and `transmitting` steps can be performed at any time and with any frequency, depending on the diagnoses being performed. For a `real-time` diagnoses of a vehicle's engine performance, for example, the steps may be performed at rapid time or mileage intervals (e.g., several times each minute, or every few miles). Alternatively, other diagnoses (e.g. an emissions or `smog` check) may require the steps to be performed only once each year or after a large number of miles are driven. Alternatively, the vehicle may be configured to automatically perform these steps at predetermined or random time intervals. As described in detail below, the transmission frequency can be changed in real time by downloading a new `schema` to the wireless appliance through the wireless network.” Lowrey teaches that different types of data may be transferred to the host computer (server); and that the data can be sent either by a certain frequency or timing interval, or that diagnosis data can be sent (second type of data) when a certain number of miles have been driven and thus Lowrey teaches the elements of claim 5.)
Regarding claims 12, 13, and 14, they are directed to a method of steps to implement the system or apparatuses set forth in claims 3, 4, and 5, respectively. Tsubota and Lowrey teach the claimed system or apparatuses in claims 3 – 5. Therefore, Tsubota and Lowrey teach the method of steps in claims 12 – 14.
Regarding claims 18 - 20, they are directed to HVAC device, comprising a processor, to implement the system or apparatuses set forth in claims 3 – 5, respectively. Tsubota and Lowrey teach the claimed system or apparatuses in claims 3 – 5. Tsubota also teaches a processor in paragraph 0047: “Control unit 210 receives electric power to control operations of surveillance camera 100. Control unit 210 is realized as a processor which executes a program for realizing each processing.” Par. 0056: “Herein, the appliance is not limited to television set 110, and may be HDD recorder 120, a lighting fixture (not shown), an air conditioner (not shown) or the like.” Therefore, Tsubota and Lowrey teach the HVAC device with a processor, to implement the system, as in claims 18 - 20.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Tsubota in view of Grogg et al. (PG Pub. No. 20250085008), herein “Grogg.”
Regarding claim 6,
The previously cited references teach the limitations of claim 1 which claim 6 depends. Tsubota does not teach that a configuration file that communications to a second HVAC device that transmits the configuration file to a third HVAC device. However, Grogg does teach that the computer-executable instructions further cause the one or more processors to: receive, by a second HVAC device (HVAC gateway) and from the one or more remote servers, a second configuration file; (device profiles) and transmit, by the second HVAC device and to a third HVAC device, the second configuration file. (Par. 0044: “According to the embodiment shown in FIG. 1, the HVAC device C1 selected as HVAC gateway device 10 comprises a processor 20, a data storage 30 and an actuator and/or sensor A/S. The data storage 30 stores a computer program product, which, when executed by the processor 20, causes the HVAC gateway device 10 to carry out the method of communication between a remote computer 100 and a plurality of HVAC devices according to one of the embodiments disclosed herein.” See also Par. 0047. Par. 0050: “After the HVAC devices Cx connected to the communication bus 40 have been identified, in the step S40, the HVAC gateway device 10, in step S50, retrieves the device profile(s) corresponding to the identification data of the HVAC devices Cx. According to embodiments of the present disclosure, the HVAC gateway device 10 retrieves the device profile(s) by way of a database query, stored either locally in the HVAC gateway device 10; on the remote computer 100 or a configuration device 200 communicatively connected to the HVAC gateway device 10.” Claim 14: “A method of communication between a remote computer and a plurality of Heating, Ventilation and Air Conditioning HVAC devices, the method comprising: communicatively connecting the plurality of HVAC devices to a communication bus via a bus communication interface of each respective HVAC device; selecting one of the plurality of HVAC devices having a remote communication interface as an HVAC gateway device; communicatively connecting the remote computer to the remote communication interface of the HVAC gateway device; identifying, by the HVAC gateway device, one or more of the plurality of HVAC devices connected to the communication bus by retrieving respective identification data of the plurality of HVAC devices via the bus communication interface; retrieving, by the HVAC gateway device, one or more device profiles corresponding to the identification data of the one or more identified HVAC devices; and enabling, by the HVAC gateway device using the retrieved one or more device profiles, data communication between the one or more identified HVAC devices and the remote computer.” Par. 0021, 0028.)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have combined the system and method of transmitting from a server a packet that contains information such as date and time or frequency to send the information to the server as in Tsubota with transmitting by a remote computer (server) HVAC device profiles to another HVAC device acting as a gateway, wherein the HVAC device gateway transmits to another HVAC device in order to update parameters or profiles of other HVAC devices that may be missing, replaced, or malfunctioning. (Par. 0028).
Claims 9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Tsubota in view of Maruyama et al. (PG Pub. No. 20220154956), herein “Maruyama.”
Regarding claim 9,
The previously cited references teach the limitations of claim 1 which claim 9 depends. Tsubota does not teach allowing access to data by the server. However, Maruyama does teach that the one or more remote servers are configured to provide access to the first data by one or more third party servers based on one or more access rules. (Par. 0048: “The server computer is configured so that, based on various user profiles, the portal may securely control application program and stored ventilation data access to various users within a customer company, to third-party users that may have a business relation with one or more customers, and to users associated with different customers, who may be competitors. In various embodiments, the server computer may include an application programming interface (API) that enables third-party users to access controlled views of ventilation data.” Par. 0119: “…the server computer 120 performs the optimization using user-generated rules based on any number of factors being tracked and/or computed by the server computer 120.”
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have combined the system and method of transmitting from a server a packet that contains information such as date and time or frequency to send the information to the server as in Tsubota with allowing access to a third party data on the server as in Maruyama in order to allow third party either to control the ventilation system or produce analytics from ventilation data. (Par. 0058)
Regarding claim 15, it is directed to a method of steps to implement the system or apparatuses set forth in claim 9. Tsubota and Maruyama teach the claimed system or apparatuses in claim 9. Therefore, Tsubota and Maruyama teach the method of steps in claim 15.
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but may be allowable if rewritten in independent form and including all of the limitations of the base claim and any intervening claims pending being rewritten with clearer language thus resolving all intervening issues such as the 35 U.S.C. §112(b) rejections above. Reasons for allowance will be held in abeyance pending final recitation of the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Mannfeld et al. (US PG Pub. No. 20240353135) is related the in the instant application where a remote control device that may be a server (Par. 0062), sends to a HVAC device a configuration file (Par. 0065). Paragraph 0092 teaches time period(s) between configurations of the HVAC equipment.
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/CHAD G ERDMAN/Primary Examiner, Art Unit 2116