DETAILED ACTION
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 Amendment
Applicant’s argument regarding the obvious type-double patenting rejection have been fully considered and found persuasive. Therefore previously made double patenting rejection as set forth in the office action mailed on 11/25/2025 have been withdrawn.
Applicant’s amendments to claim 5 and claim 15 overcome each and every rejection made under 35 U.S.C.112(b). Therefore the previous rejections made under 35 U.S.C.112(b) as set forth in the office action mailed on 11/25/2025 are withdrawn.
Applicant argument that neither in combination nor individually Herman and JP44 teach the newly amended limitation having a first portion and a second portion, the first portion being used to display at least one graphical user interface for receiving input to adjust a mode of operation of the thermostat and cause the expected thermal response visualization to be displayed on the graphical user interface in the second portion of the display so as to not overlay the at least one graphical user interface displayed in the first portion of the display has been fully considered but not found persuasive. JP44 specifically teaches in [0043], “…Further, a mode selection menu such as the normal mode, the rapid mode, and the energy saving mode described above may be displayed by superimposing on the predicted temperature change curve for each mode of the air conditioner system 3 (FIG. 2)…”, that is the mode selection is on the same screen as the temperature change curve. There are only two ways the mode selection can be displayed on the screen displaying the temperature change curve. One way/option is on the same portion of the temperature change curve and another way/option is on a separate portion of the display without being superimposed with the temperature change curve. Each option is an obvious variation of each other. To someone of ordinary skill in the art it is obvious to try to choose from a finite number of identified, predictable solutions/options with a reasonable expectation of success1 that is either displaying mode selection in a different portion or in a same portion of the temperature change curve associated with the mode while displaying both mode selection option and temperature change curve in the same screen. As such JP44 teaches the first portion receiving input to adjust a mode of operation and a second portion displaying thermal response and the second portion of the display so as to not overlay the at least one graphical user interface displayed in the first portion of the display.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites the limitation "the temperature sensor" in line 5. There is insufficient antecedent basis for this limitation in the claim.
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 1,2,5,10,11,12,15 and 20 are rejected under 35 U.S.C. 103 as being
unpatentable over Spicer et al. (US 2012/0016524 A1) in view of JP44 (JP 2006290244
A).
Regarding claim 1, Spicer teaches, a thermostat for summarizing and
conveying expected thermal responses to users (method having programmable communicating thermostat providing thermal characteristics and time response constants to help users manage total energy and cost, [0007] and [0009]), comprising:
a graphical user interface having a first portion and a second portion, the first portion being used to display at least one graphical user interface for receiving input to adjust a mode of operation of the thermostat (User Interface/Display 120.122 has a display area -the first portion and also has control buttons as a part of the user interface - the second portion, Fig.1 and [0021]);
a non-transient memory for storing processor-executable instructions and
one or more setpoints (Memory 130, Fig.1); and
a processor, coupled to the graphical user interface, and the non-transient
memory for executing the processor-executable instructions (Controller 110 having
processor connected to memory and user interface, Fig.1 and claim 16) that causes
the processor to:
store a first setpoint in the memory, the first setpoint comprising a start
time and a desired setpoint temperature (controller comprising memory storing time
(start time), inside and outside temperatures, setpoints and duty cycles each corresponding to operating modes, [0022]);
determine an ambient temperature of a room based on one or more signals
from the temperature sensor (inside temperature of the home, [0022]);
calculate an expected thermal response vs. time, the expected thermal
response comprising the ambient temperature, the desired setpoint temperature
and a number of predicted temperatures (the plotted ramp-up rates and ramp-down
rates on the vertical axis represents the predicted change in temperature over time,
[0026], [0028] and [0032]2) there between (" ... The curves are generated to show the
profile of thermal responses such as heating up times of the house. In future events
when the outside temperature may be 95 degrees F .. for example and the setting is at
75 degrees F.at 2 o'clock a.m., the controller can send an instruction to indicate a
setpoint of 78 degrees to increase at a more controlled rate ... ", [0027], [0026] and
[0023]);
summarize the expected thermal response into an expected thermal
response visualization (generating thermal response curves based on the input
data, [0026] and [0027] and Fig.3).
Spicer et al. does not explicitly teach the details of a temperature sensor for
measuring ambient temperature and cause the expected thermal response visualization
to be displayed on the graphical user interface in the second portion of the display so as to not overlay the at least one graphical user interface displayed in the first portion of the display. . However, Spicer et al. explicitly teaches to determine ambient temperature which is used to calculate the thermal response as taught in [0026] and [0027]. I tis not clear whether the control buttons and the display area are all on the same screen of the user interface or the control buttons are on the side, separate from the display area of the user interface. There are two ways the control buttons can be placed. Either the control buttons are part of the display, all part of the same user interface screen or the control button are separate from the display area. One option is an obvious variation of the other.
On the other hand JP44 teaches, a temperature sensor (indoor temperature sensor 11 detecting temperature in the vehicle interior, [0028]);
cause the expected thermal response visualization to be displayed on the
graphical user interface in the second portion of the display so as to not overlay the at least one graphical user interface displayed in the first portion of the display (transmitting to the user's portable terminal a predicted temperature change curve3 at which the vehicle interior temperature predicted by the time prediction means reaches the target temperature. On the same screen, a mode selection menu such as the normal mode, the rapid mode, and the energy saving mode described above may be displayed by superimposing on the predicted temperature change curve for each mode of the air conditioner system. The mode selection menu could be on a same portion of the predicted temperature change curve or could be on a separate portion (second portion) but on the same screen displaying the predicted temperature change curve4. Having the mode selection menu and temperature change curve on same display helps the user to easily and reliably select the optimum air conditioner system mode, [0043], [0041] and [0036]).
Therefore it would have been obvious before the effective filing date of the
claimed invention to a person of ordinary skill in the art to apply the teachings of
calculating expected thermal response based on ambient temperature and setpoint as
taught by Spicer et al. wherein the ambient temperature is determined by temperature
sensor signal and modifying the user interface to display generated thermal responses
as taught by JP44 to help users to make informed decisions regarding user's
environment thus improving user convenience as taught by JP44 in [0009].
JP44 teach:
[0043] Further, a mode selection menu such as the normal mode, the rapid mode, and the energy saving mode described above may be displayed by superimposing on the predicted temperature change curve for each mode of the air conditioner system5 3 (FIG. 2). In addition, if the predicted temperature change curve is displayed with temperature (° C.) on the vertical axis and time (minutes, seconds, etc.) on the horizontal axis, the recognition by the user is improved. In this way, the user can easily and reliably select the optimum air conditioner system 3 mode.
Regarding claim 2 combination of Spicer et al. and JP44 teach the thermostat of
claim 1. In addition JP44 teaches, wherein the expected thermal response visualization comprises a wave curve of expected room temperatures vs. time as an HVAC system begins a heating or cooling cycle based on the first setpoint (transmitting to the user's portable terminal a predicted temperature change curve6 at which the vehicle interior temperature predicted by the time prediction means reaches the target temperature- first setpoint for the selected mode, [0042] and [0043]).
Regarding claim 5 combination of Spicer et al. and JP44 teach the thermostat of
claim 1. In addition Spicer et al. teaches, further comprising further processor
executable instructions that causes the processor to: record sets of temperature
readings from the temperature probe during respective heating or cooling
sequences, each of the sets further comprising a starting ambient temperature of
the room and a desired setpoint temperature (thermal characteristics table are
created correlating inside and outside temperatures as sets of temperature readings,
setpoints which are updated when operating the HVAC system (various thermal
characteristics for various starting ambient temperature and setpoint temperature are
generated as thermal characteristics and updated during heating or cooling), [0032],
[0033] and [0022]);
store the sets in the memory (thermal characteristics table stored in the
memory, [0022]); and
determine that a heating or cooling cycle will commence based on the first
setpoint (heating to begin since inside temperature is 75 degrees and desired setpoint
is 78 degrees, [0027]);
wherein the processor-executable instructions that cause the processor to
calculate the expected thermal response comprises instructions that causes the
processor to: identify a first set stored in the memory having a closest match
between the starting ambient temperature and the desired setpoint temperature
of the first set and the ambient temperature and the desired setpoint temperature
of the first setpoint (thermal characteristics tables are used to correlate how long will it
take to cool or heat up the home based on desired setpoint, [0026] and [0022]); and
generate the expected thermal response visualization based on the
temperature readings stored in association with the first set (the modified thermal
characteristics are mapped to generate thermal response constants and plotted for
future DR events to compare with where the DR events have curves with a starting inside temperature and desired setpoint, [0026], [0022] and [0027]).
Regarding claim 10 combination of Spicer et al. and JP44 teach the
thermostat of claim 1. In addition, Spice et al. teaches, further comprising further
processor-executable instructions that causes the processor to: modify the
expected thermal response based on whether the apparatus is operating in an
economy mode of operation or not (thermal responses are modified in relation to current power cost associated with operating the HVAC system in energy savings mode
(economy mode) and normal mode, [0021] and [0027]).
Regarding claim 11 combination of Spicer et al. and JP44 teach the claimed thermostat for summarizing and conveying expected thermal responses to users. Therefore, together they teach the method performed by a thermostat having graphical interface for summarizing and conveying expected thermal responses to users implementing the functional limitations of the claimed apparatus as discussed in claim 1.
Similarly, regarding claims 12,15 and 20, combination of Spicer et al. and JP44
et al. teach the claimed thermostat for summarizing and conveying expected thermal
responses to users. Therefore, together they teach the method performed by a thermostat having graphical interface for summarizing and conveying expected thermal responses to users implementing the functional limitations of the claimed apparatus as discussed in claims, 2, 5 and 10.
Claims 3-4 and 13-14 are rejected under 35 U.S.C.103 as being unpatentable
over Spicer et al. (US 2012/0016524 A1) in view of JP44 (JP 2006290244 A) and Fadell
et al. (US 20140316581 A1).
Regarding claim 3 combination of Spicer et al. and JP44 teach the thermostat of
claim 1. In addition JP44 teaches, wherein the wave curve (predicted temperature
change curve) is formatted to display the wave curve using an entire width of the
graphical user interface (the predicted temperature change curve can be displayed fitting the entire width of the user's portable terminal screen with proper formatting since
there is only number of ways the wave curve can be simply displayed, either fitted to
entire width or not fitted to entire width, [0036], [0041] and [0043]).
Neither in combination nor individually Spicer et al. and JP44 teach displaying a
current ambient temperature at a far left side of the graphical user interface and
displaying a desired setpoint temperature on a right side of the graphical user interface.
However JP44 explicitly teaches to display starting interior temperature, target temperature and time taken to reach target temperature on the predicted temperature
change curve in [0036], [0041], see also Fig.2.
Fadell et al. teaches, displaying a current ambient temperature at a far left
side of the graphical user interface and displaying a desired setpoint temperature
on a right side of the graphical user interface (displaying current temperature 1402
on the right and desired setpoint temperature 73, to the left, someone of ordinary skill in
the art can flip the positioning of displaying temperatures from a list of possible positions
such as left to right, right to left, up and down or down and up or middle with any combination with middle, up and down, [0159]).
Therefore it would have been obvious before the effective filing date of the
claimed invention to a person of ordinary skill in the art to modify the graphical user
interface displaying wave curve as taught by combination of Spicer et al. and JP44 to
display current ambient temperature and desired setpoint either on the right or left
position as taught by Fadell et al. to provide visually detail information to the user.
Regarding claim 4 combination of combination of Spicer et al. and JP44 teach the thermostat of claim 1. In addition Spicer et al. teaches, further comprising further
processor executable instructions that causes the processor to: determine an
expected energy consumption rate of the HVAC system during the heating or
cooling cycle (" ... This information can be used to determine current energy usage
and cost associated with using each appliance in one of the energy savings mode and
normal mode. This real-time information (i.e., current usage patterns. current power
cost and current energy usage/cost) can be presented to the user via the display.... ",
[0021] and [0027]).
Neither in combination nor individually Spicer et a. and JP44 teach shade an
area of the graphical user interface in a first color representative of the expected energy
consumption rate.
FadelI et al. teaches, shade an area of the graphical user interface in a first
color representative of the expected energy consumption rate (based on
determining the amount of work the HVAC system has to do to reach the desired
setpoint, the color of the thermostat background is changed, [0124]).
Therefore it would have been obvious before the effective filing date of the
claimed invention to a person of ordinary skill in the art to modify the apparatus
determining expected energy consumption rate as taught by combination of Spicer et al.
and JP44 by applying the known technique of shading an area of the graphical user
interface in a first color representative of the expected energy consumption rate as
taught by Fadell et al. to yield predictable results of displaying thermal response such that the user can make informed decisions about energy management of their homes.
Regarding claims 13 and 14 combination of Spicer et al., JP44 and Fadell et al.
et al. teach the claimed thermostat for summarizing and conveying expected thermal
responses to users including expected energy consumption rate. Therefore, together
they teach the method for summarizing and conveying expected thermal responses to
users including expected energy consumption rate implementing the functional
limitations of the claimed apparatus as discussed in claims 3 and 4.
Claims 7-9 and 17-19 are rejected under 35 U.S. C. 103 as being unpatentable
over Spicer et al. (US 2012/0016524 A1) in view of JP44 (JP2006290244A) and Fadell
et al. (US 20140316581 A1) in further view of Shah (US 20160040902 A1).
Regarding claim 7 combination of Spicer et al. and JP44 teach the thermostat of
claim 1. In addition Spicer et al. teaches, a network interface and further comprising
further processor-executable instructions that causes the processor (processor to
implementing certain instructions communicating with the appliances via wifi (network),
claim 16 and [0018]).
Neither in combination nor individually Spicer et al. and JP44 explicitly teach to:
initiate a cooling sequence with HVAC equipment coupled to the apparatus
based on a current temperature provided by the temperature sensor and one of
the one or more setpoints and in response to initiating the cooling sequence, send a
blind control signal to the network interface, the blind control signal for causing
motorized blinds, coupled to the apparatus via the network interface, to close. However
Spicer et al. teaches to generate expected thermal response and energy cost based on user desired setpoint and display it to the user as taught in [0023]-[0027]. Also a programmable thermostat as taught in [0009] should be able to control the temperature of the house according to user settings.
Fadell et al. teaches, initiate a cooling sequence with HVAC equipment
coupled to the apparatus based on a current temperature provided by the
temperature sensor and one of the one or more setpoints (starting cooling based on
desired setpoint and current temperature of the space, [0124] and [0125]).
Therefore it would have been obvious before the effective filing date of the
claimed invention to a person of ordinary skill in the art to modify the apparatus
displaying thermal responses and energy cost for operating the HVAC system at
desired setpoints as taught by combination of Spicer et al. and JP44 by applying the
known technique of initiating a cooling sequence based on current temperature and one
or more setpoints as taught by Fadell et al. to yield predictable results for the HVAC system to perform automated heating and cooling cycles.
Neither in combination nor individually Spicer et al., JP44 and Fadell et al. teach
to send a blind control signal to the network interface, the blind control signal for
causing motorized blinds, coupled to the apparatus via the network interface, to close.
Shah et al. teaches, in response to initiating the cooling sequence, send a
blind control signal to the network interface, the blind control signal for causing
motorized blinds, coupled to the apparatus via the network interface, to close
(HVAC system sending control signal to close blinds when cooling a zone, [0092]).
Therefore, it would have been obvious before the effective filing date of the
claimed invention to a person of ordinary skill in the art to modify the apparatus as taught by combination of Spicer et al., JP44 and Fadell et al. to send control signal for
closing blinds in response to initiating the cooling sequence as taught by Shah to yield predictable results of efficiently cooling the room/space/zone with the help of additional means to conserve energy.
Regarding claim 8 combination of Spicer et al., JP44, Fadell et al. and Shah
teach the thermostat of claim 7. In addition, Shah teaches, wherein the processor
executable instructions that cause the processor to send a blind control signal
comprises instructions that causes the processor (method and systems executed
by processors, [0116]) to: send the blind control signal only when the processor
determines that the apparatus is operating in an economy mode (sending
control signal to close blinds to achieve further savings in energy consumption
(economy mode), [0090] and [0092]).
Regarding claim 9 combination of Spicer et al. and JP44 teach the thermostat of
claim 1. In addition, Spicer et al. teaches, further comprising a network interface and
further comprising further processor-executable instructions that causes the
processor (processor to implementing certain instructions communicating with the
appliances via wifi (network), claim 16 and [0018]).
Neither in combination nor individually Spicer et al. and JP44 explicitly teach to:
initiate a cooling sequence with HVAC equipment coupled to the apparatus
based on a current temperature provided by the temperature sensor and one of the one
or more setpoints and in response to determining that a cooling sequence or a heating sequence will occur, cause a message to be displayed on the graphical
user interface asking a user to close any open doors or windows for faster and
more efficient heating or cooling.
Fadell et al. teaches, determine that a cooling sequence or a heating
sequence will occur (start cooling based on desired setpoint and current temperature
of the space, [0124] and [0125]).
Therefore it would have been obvious before the effective filing date of the
claimed invention to a person of ordinary skill in the art to modify the apparatus
displaying thermal responses and energy cost for operating the HVAC system at
desired setpoints as taught by combination of Spicer et al. and JP44 by applying the
known technique of initiating a cooling sequence based on current temperature and one
or more setpoints as taught by Fadell to yield predictable results for the HVAC system to perform automated heating and cooling cycles.
Neither in combination nor individually Spicer et al., JP44 and Fadell et al. teach
asking a user to close any open doors or windows for faster and more efficient heating
or cooling.
Shah teaches, in response to determining that a cooling sequence or a
heating sequence will occur, cause a message to be displayed on the graphical
user interface asking a user to close any open doors or windows for faster and
more efficient heating or cooling (for efficient cooling, sending signals to close
windows which can also be presented to the user via user interface, [0088], [0092] and
[0050]).
Therefore, it would have been obvious before the effective filing date of the
claimed invention to a person of ordinary skill in the art to modify the apparatus as
taught by combination of Spicer et al., JP44 and Fadell et al. to send control signal for
closing windows or doors in response to initiating the cooling sequence as taught by
Shah to yield predictable results of efficiently cooling the room/space/zone with the help of additional means to conserve energy.
Regarding claims 17, 18 and 19 combination of Spicer et al., JP44 and Fadell et
al. and Shah et al. teach the claimed thermostat for summarizing and conveying
expected thermal responses to users including expected energy consumption rate and
sending blind control signal and door control signal in response to initiating cooling
sequence. Therefore, together they teach the method performed by a thermostat for summarizing and conveying expected thermal responses to users including expected energy consumption rate and sending blind control signal and door control signal in response to initiating cooling sequence implementing the functional limitations of the claimed apparatus as discussed in claims 7-9.
Allowable Subject Matter
Claims 6 and 16 are objected to as being dependent upon a rejected base claim,
but would be allowable if rewritten in independent form including all of the limitations of
the base claim and any intervening claims. Reason for allowance was provided on the previous office action mailed on 11/17/2025.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANZUMAN SHARMIN whose telephone number is (571)272-7365. The examiner can normally be reached M and Th 7:00am - 3:00pm and Tue 8:00am-12:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/ANZUMAN SHARMIN/Examiner, Art Unit 2115
/KAMINI S SHAH/Supervisory Patent Examiner, Art Unit 2115
1 MPEP.2143.I.(E).
2 See also [0036] and [0041] of JP44.
3 A temperature change curve (wave) is predicted having temperature in y-axis and time in x-axis, which
starts from current interior temperature until the target temperature is reached indicating how long it
will take to reach target temperature from current interior temperature.
4 There are only two ways the mode selection menu can be displayed on the screen displaying the temperature change curve. One way/option is on the same portion of the temperature change curve and another way/option is on a separate portion of the display without being superimposed with the temperature change curve. Each option is an obvious variation of each other. To someone of ordinary skill in the art it is obvious to try to choose from a finite number of identified, predictable solutions/options with a reasonable expectation of success as stated in MPEP.2143.I.(E) that is either displaying mode selection in a different portion or in a same portion of the temperature change curve associated with the mode while displaying both mode selection option and temperature change curve in the same screen
5 The mode selection menu and temperature change curve are all on the same screen.
6 A temperature change curve (wave) is predicted having temperature in y-axis and time in x-axis, which
starts from current interior temperature until the target temperature is reached indicating how long it
will take to reach target temperature from current interior temperature. The shape of the curve is like a wave.
Prosecution Insights