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 on 3/25/2026 have been fully considered but they are not persuasive. The applicant makes one remark concerning the USC 102 rejection by stating, “The priority claim of this application has been amended to remove Blanchard from the prior art. The stated rejections over Blanchard are thus obviated.”
However, the applicant cannot merely claim priority by amending the specification. After review of the Application Data Sheet filed on 9/26/2023, the applicant has made no such domestic benefit claim to any of the U.S. patent applications stated in the amendment. The only domestic benefit claim is to U.S. provisional application 63/410,283, filed on 9/27/2022.
Specification
The disclosure is objected to because of the following informalities:
In par. 1 of the specification filed on 9/26/2023, it includes multiple citations using hyperlinks that are indefinite.
In the amendment filed on 3/25/2026 regarding par. 1 of the specification, it is unclear where this amendment should be included in par. 1.
Appropriate correction is required.
The amendment filed on 3/25/2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: The amendment claiming priority to prior U.S. patent applications is considered new matter since the applicant has never claimed any type of domestic benefit on the Application Date Sheet filed on 9/26/2023, other than to U.S. provisional application 63/410,283.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Objections
Claim 19 is objected to because of the following informalities:
Claim 19, line 2, the term “a” should be inserted after “over”.
Appropriate correction is required.
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blanchard (2019/0376715), published on December 12, 2019.
With regard to claim 1, Blanchard teaches a ventilation system with air flow modification system derived from a neural network (Abstract, par. 10), the ventilation system comprising:
a ventilation device having: (Par. 10)
a first blower assembly having a blower motor, a memory storing a first mathematical equation (Par. 10),
and a pre-determined current limit for the blower motor (Par. 49 teaches that there is a limit to the amount of current that can be applied to the blower motor);
wherein the first mathematical equation: (i) is created using a neural network (Par. 44), and (ii) determines an estimated blower air flow for the first blower assembly (Pars. 44, 48); and
wherein a warning is provided to the user, when an air flow set point is set to a value that requires current supplied to the blower motor is greater than the pre-determined current limit for the blower motor (Par. 49).
With regard to claim 2, Blanchard teaches the ventilation system of claim 1, wherein the estimated blower air flow is within 5% of an air flow generated by the blower motor (Pars. 63, 65).
With regard to claim 3, Blanchard teaches the ventilation system of claim 1, further comprising a first damper operably associated with the first blower assembly and having a plurality of positional settings (Par. 45 teaches that the control circuit can send output signals to a motorized damper taught by Michaud et al. (16/242,498), which is incorporated by reference. Michaud et al. teaches that the damper has a plurality of positional settings (Abstract)); and
wherein the first mathematical equation is further configured to utilize the positional setting of the first damper in determining the estimated blower air flow for the first blower assembly (Pars. 45, 68 teach that multiple mathematical equations and sets of air flow parameters may be used, as well as a damper may be used to increase the internal restriction of the ventilation device to bring the pressure within the flow estimation operating limits).
With regard to claim 4, Blanchard teaches the ventilation system of claim 3, wherein the ventilation system is configured to control the positional setting of the first damper based on the air flow set point (Pars. 45, 68 teach that a damper may be used to increase the internal restriction of the ventilation device to bring the pressure within the flow estimation operating limits).
With regard to claim 5, Blanchard teaches the ventilation system of claim 1, wherein the ventilation device includes a plurality of mathematical equations configured to determine the estimated blower air flow for the first blower assembly (Pars. 67, 68 teach that it may be advantageous to have multiple separate mathematical equations); and
wherein one mathematical equation of the plurality of mathematical equations is selected to be used to control the blower motor based upon a set of operating parameters. (Pars. 67, 68 teach that is may be advantageous to have multiple mathematical equations, because each equation and set of air flow parameters may be used in a specific situation).
With regard to claim 6, Blanchard teaches the ventilation system of claim 5, wherein the set of operating parameters includes density of the air external to the ventilation system (Par. 67).
With regard to claim 7, Blanchard teaches the ventilation system of claim 5, wherein the set of operating parameters includes a temperature of air external to the ventilation system (Par. 67).
With regard to claim 8, Blanchard teaches the ventilation system of claim 5, wherein the set of operating parameters includes a humidity of air external to the ventilation system (Par. 67).
With regard to claim 9, Blanchard teaches the ventilation system of claim 5, wherein the set of operating parameters include: (1) an identification of the type of an air filter installed in the ventilation system, (11) inclusion of a heat recovery core within the ventilation system, (iv) inclusion of an air handler, or (v) inclusion of an HVAC (Par. 68).
With regard to claim 10, Blanchard teaches the ventilation system of claim 1, further includes a communication module that is capable of receiving an updated mathematical equation from a remote location; and
wherein the ventilation device is capable of replacing the first mathematical equation with the updated mathematical equation (Par. 63).
With regard to claim 11, Blanchard teaches a ventilation system with air flow modification system derived from a neural network, the ventilation system (Abstract, par. 10) comprising:
a first blower assembly having a blower motor and a control circuit, said control circuit storing a plurality of mathematical equations configured to determine an estimated blower air flow for the first blower assembly (Pars. 10, 67, 68);
wherein each of the plurality of mathematical equations have a set of air path parameters of the blower motor that are derived from the use of a neural network (Pars. 44, 67, 68); and
wherein one mathematical equation of the plurality of mathematical equations is selected to be used to control the blower motor based upon a set of installation parameters (Par. 68 teaches that it may be advantageous to have at least twenty mathematical equations and sets of air flow parameters, where one set of parameters can account whether an air handler or HVAC unit is installed).
With regard to claim 12, Blanchard teaches the ventilation system of claim 11, wherein the estimated blower air flow is within 5% of an air flow generated by the blower motor (Pars. 63, 65).
With regard to claim 13, Blanchard teaches the ventilation system of claim 11, further comprising a first damper operably associated with the first blower assembly and having a plurality of positional settings(Par. 45 teaches that the control circuit can send output signals to a motorized damper taught by Michaud et al. (16/242,498), which is incorporated by reference. Michaud et al. teaches that the damper has a plurality of positional settings (Abstract)); and
wherein the first mathematical equation is further configured to utilize the positional setting of the first damper in determining the estimated blower air flow for the first blower assembly (Pars. 45, 68 teach that multiple mathematical equations and sets of air flow parameters may be used, as well as a damper may be used to increase the internal restriction of the ventilation device to bring the pressure within the flow estimation operating limits).
With regard to claim 14, Blanchard teaches the ventilation system of claim 13, wherein the ventilation system is configured to control the positional setting of the first damper based on an air flow set point (Pars. 45, 68 teach that a damper may be used to increase the internal restriction of the ventilation device to bring the pressure within the flow estimation operating limits).
With regard to claim 15, Blanchard teaches the ventilation system of claim 11, wherein the control circuit further includes a current limit for the blower motor (Par. 49 teaches that there is a limit to the amount of current that can be applied to the blower motor); and wherein a warning is provided to the user when an air flow set point is set to a value that requires the current supplied to the blower motor to be greater than the current limit (Par. 49).
With regard to claim 16, Blanchard teaches the ventilation system of claim 11, further includes a communication module that is capable of receiving an updated mathematical equation from a remote location; wherein the control circuit is capable of replacing the first mathematical equation with the updated mathematical equation (Par. 63); and wherein the updated mathematical equation determines the estimated blower air flow for the first blower assembly based upon the following inputs: (i) updated air path parameters of the blower motor that are derived from the use of a neural network and (ii) blower motor current (Pars. 44, 48, 49, 63).
With regard to claim 17, Blanchard teaches a ventilation system with air flow modification system derived from a neural network (Abstract, par. 10), the ventilation system comprising: a first blower assembly having: (i) a blower motor, (i1) a control circuit, and (iii) communication module, said control circuit storing a first mathematical equation derived from the use of a neural network (Pars. 10, 44, 63); wherein the communication module is capable of receiving an updated mathematical equation derived from the use of the neural network from a remote location; wherein the control circuit is capable of replacing the first mathematical equation with the updated mathematical equation (Par. 63).
With regard to claim 18, Blanchard teaches the ventilation system of 17, further comprising a first damper operably associated with the first blower assembly and having a plurality of positional settings (Par. 45 teaches that the control circuit can send output signals to a motorized damper taught by Michaud et al. (16/242,498), which is incorporated by reference. Michaud et al. teaches that the damper has a plurality of positional settings (Abstract)); and wherein the first mathematical equation is further configured to utilize the positional setting of the first damper in determining the estimated blower air flow for the first blower assembly (Pars. 45, 68 teach that multiple mathematical equations and sets of air flow parameters may be used, as well as a damper may be used to increase the internal restriction of the ventilation device to bring the pressure within the flow estimation operating limits).
With regard to claim 19, Blanchard teaches the ventilation system of claim 17, wherein the control circuit is configured to calculate energy utilized by the ventilation system over pre-determined amount of time (Pars. 47-49 teach that the air flow can be regulated by regulating the current supplied by the blower. The current dictates the speed at which the blower motor turns the fan blades. If a set point is set higher, then an increase in current will be needed. It is interpreted that regulating/determining the current needed, is similar to calculating the energy utilized by the ventilation system. Also, since the set point is set by a user (Par. 45), the set point can change over different periods of time throughout the year, such as the change of seasons.
With regard to claim 20, Blanchard teaches the ventilation system of claim 17, wherein the control circuit is configured to calculate a projection for energy utilized by the ventilation system over a pre-determined amount of time (See claim 19 above. Further, par. 48 teaches that the mathematical equations used provide an estimated blower air flow. An estimation is similar to a projection).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT T BADERMAN whose telephone number is (571) 272-3644. The examiner can normally be reached 6:00AM - 3:00PM, M-Th., every other Friday off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Cottingham, can be reached at 571-272-1400. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SCOTT T BADERMAN/Supervisory Patent Examiner, Art Unit 2118
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