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 .
Information Disclosure Statement
The information disclosure statement filed 10/31/2023 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 9-10, 14-15, 27, and 54 of U.S. Patent No. 11512862. Although the claims at issue are not identical, they are not patentably distinct from each other because limitations in one claim can obviously be applicable in the corresponding claim.
Instant application (18/498,669)
U.S. Patent No. 11512862
1. A parking garage having a ventilation control system operating ventilation fans to control ambient gases within the parking garage, the parking garage comprising:
a plurality of gas concentration measuring sensor devices located in specific gas measurement zones in a parking garage;
a measurement timing system configured to divide a measurement time into equal intervals;
a fan speed controller operably associated with a plurality of ventilation fans disposed throughout the parking garage for controlling ambient gases within the parking garage, the fan speed controller configured for setting base fan speed at a minimum base speed value;
a controller operably associated with the sensor devices, the fan speed controller, and the measurement timing system, the controller configured for setting minimum and maximum gas concentration values taking into account occupancy and use of the parking garage;
the controller configured to receive gas concentration value data from the plurality of gas concentration sensors and for calculating average gas concentration values of the data received from the plurality of gas sensors;
the controller configured for comparing average gas concentration values calculated at each time interval and for setting the highest value of the average gas concentration values as a high-average gas concentration value, and for comparing the minimum gas concentration value with the high-average gas concentration value;
the controller further configured for maintaining the fan speed at the minimum base speed when the high-average concentration value is less than or equal to the minimum gas concentration value, and for adjusting fan speed from the minimum base speed value by increasing the fan speed for gas concentration values exceeding the high-average gas concentration value until the high-average gas concentration value reaches the maximum gas concentration value; and
the controller configured for operating the fan units at a constant speed when the high-average gas concentration value is equal to or greater than the maximum gas concentration threshold value; and
the controller configured for measuring and storing a record of actual energy use during a selected energy monitoring time frame.
2. The parking garage of claim 1, wherein the controller is configured for increasing the fan speed based upon a selected speed adjustment function.
3. The parking garage of claim 2, wherein the speed selection function is one of a linear function, a non-linear function, or combination of a linear function and a non-linear function.
4. The parking garage of claim 1, wherein the controller is configured for calculating and predicting energy savings for the parking garage.
5. The parking garage of claim 4, wherein the controller is configured for calculating and predicting the energy savings taking into account vehicle mixes for warm and cold start conditions, length of time taken to exit the parking garage, and ambient temperature.
6. The parking garage of claim 1, wherein the controller is configured for selecting minimum and maximum ambient gas concentration values for at least one of carbon monoxide and nitrogen dioxide.
7. The parking garage of claim 6, wherein the controller is configured for selecting the maximum gas concentration value of between 25.00 ppm and 45.00 ppm for carbon monoxide and between 5.0 ppm and 10.0 ppm for nitrogen dioxide.
8. The parking garage of claim 1, wherein the measurement timing system is configured so that the gas measurement time is set at a value of between 60 seconds and 180 seconds.
9. The parking garage of claim 1, wherein the controller is configured for setting the base fan motor speed at between 14% and 38% of fan full capacity.
10. The parking garage of claim 6, wherein the controller is configured for selecting minimum and maximum gas concentration values of both carbon monoxide and nitrogen dioxide.
11. The parking garage of claim 7, wherein the controller is configured to adjust fan speed for every additional 1 ppm of high-average gas concentration value above the minimum gas concentration value.
12. The parking garage of claim 1, wherein the controller is configured to control fan speed wherein the fans comprise primary exhaust and supply fan motor units and secondary fan motor units.
13. The parking garage of claim 1, wherein the controller is configured to continuously operate the fans.
14. The parking garage of claim 5, further comprising a display operatively associated with the controller for displaying energy savings of the parking garage as compared to predicted energy savings.
15. The parking garage of claim 1, wherein the controller is configured to predict, optimize, record, and display energy savings based upon continuous operation of the fans.
27. A control system, for controlling ventilation apparatus including fan motor units in an enclosed space so as to predict and optimize energy savings for said ventilation apparatus, comprising:
a plurality of gas concentration measuring sensor devices located in specific gas measurement zones in said enclosed space;
a predetermined measurement timing device capable of dividing a measurement time into equal intervals;
a fan motor speed controller for setting base fan motor speed at a minimum base speed value;
a controller for setting minimum and maximum gas concentration values taking into account predicted occupancy and use of said enclosed space;
said controller receiving input data of a gas concentration value from said plurality of gas concentration sensors located in each measurement zone at each time interval and calculating average gas concentration values of the input data of said gas concentration values received from the plurality of gas sensors located in said gas measurement zone at each time interval;
comparing successive average gas concentration values calculated at each time interval;
setting the highest value of said average gas concentration values as a high-average gas concentration value; comparing the minimum gas concentration value with the high-average gas concentration value;
maintaining the fan motor speed at its minimum base speed value when the high-average concentration value is less than or equal to the minimum gas concentration value;
adjusting the fan speed from its minimum base speed value by increasing the fan motor speed at a specific increment in accord with either a supra-linear or sub-linear exponential function for every additional 1 ppm of high-average gas concentration value above the minimum gas concentration value until the high-average gas concentration value reaches the maximum gas concentration value; and, operating said fan-motor units at a constant speed of 100% of full-motor capacity when the high-average gas concentration value is equal or greater than the maximum gas concentration threshold value, said controller further calculating and predicting energy savings of the system as operated by said controller upon implementation and use of the control system, the predicted energy savings taking into account and correcting for predicted vehicles mixes for warm and cold start conditions, predicted length of time taken to exit the garage and predicted ambient temperature; measuring and storing a record of actual energy use during a selected energy monitoring time frame wherein the method has been operating and responding to real- time gas concentrations and actual vehicle mixes for warm and cold start conditions; and, displaying on a display actual energy savings of the overall system when responding to actual measured gas concentrations and vehicles mixes for warm and cold start conditions and ambient temperature as compared to predicted energy savings based on (1) timing and quantity of occupancy patterns of vehicles entering and exiting the garage, (2) per-vehicle CO emission rates of vehicles entering and exiting the garage, and (3) types of fans used.
1.l. adjusting fan motor speed from minimum base speed by increasing fan motor speed…
1. l. adjusting fan motor speed from minimum base speed by increasing fan motor speed a predetermined percent increment value in accord with a predetermined exponential non-linear function…
1. n. calculating and predicting energy savings of the system as operated in accord with the prior steps upon implementation of the method…
1…the predicted energy savings taking into account and correcting for predicted vehicles mixes for warm and cold start conditions, predicted length of time taken to exit the garage and predicted ambient temperature…
1. d. setting a minimum gas concentration value; e. setting a maximum gas concentration value;
3. (Original) The method of claim 1, wherein the gas is Carbon monoxide (CO).
4. (Original) The method of claim 1, wherein the gas is Nitrogen dioxide (N02).
9. (Previously Presented) The method of claim 1, wherein the maximum gas concentration value is set at a value between 25.0 ppm and 45.0 ppm for CO.
10. (Original) The method of claim 1, wherein the maximum gas concentration value is set at a value between 5.0 ppm and 10.0 ppm for N02.
2. (Previously Presented) The method of claim 1, wherein the predetermined gas measurement time is set at a value between 60 seconds and 180 seconds.
5. (Previously Presented) The method of claim 1, wherein the minimum base speed of the fan-motor unit is set in a range between 14% and 38% of fan-motor unit full capacity.
1. d. setting a minimum gas concentration value; e. setting a maximum gas concentration value;
3. (Original) The method of claim 1, wherein the gas is Carbon monoxide (CO).
4. (Original) The method of claim 1, wherein the gas is Nitrogen dioxide (N02).
27. increasing the fan motor speed …for every additional 1 ppm of high-average gas concentration value above the minimum gas concentration value until the high-average gas concentration value reaches the maximum gas concentration value;
54. (Previously Presented) A method as in claim 14, wherein said fan motor units comprise primary exhaust and supply fan motor units and secondary fan motor units.
14…in continuous operation of fan motor units
15. p. displaying actual energy savings of the overall system when responding to actual measured gas concentrations and vehicles mixes for warm and cold start conditions and ambient temperature as compared to previously predicted energy savings,
1. A method performed by a building automation control system to predict, optimize, record, and display energy savings in continuous operation of exhaust and supply fan motor units providing ventilation in an enclosed parking garage…
16. A parking garage having a ventilation control system operating ventilation fans to monitor in real time the levels of ambient gases within the garage and to increase and/or decrease the speed of the ventilation fans based upon linear, non-linear, or a combination of both linear and non-linear increments of the fan speed in response to real time readings of gas sensors, the control system comprising: a plurality of gas concentration measuring sensor devices located in specific gas measurement zones in a parking garage; a measurement timing system configured to divide a measurement time into equal intervals; a fan speed controller operably associated with a plurality of ventilation fans for controlling ambient gases within the parking garage, the fan speed controller configured for setting base fan speed at a minimum base speed value; a controller operably associated with the sensor devices, the fan speed controller, and the measurement timing system, the controller configured for setting minimum and maximum gas concentration values taking into account occupancy and use of the parking garage; the controller configured to receive gas concentration value data from the plurality of gas concentration sensors and for calculating average gas concentration values based upon the data received from the plurality of gas sensors; the controller configured for comparing average gas concentration values calculated at each time interval and for setting the highest value of the average gas concentration values as a high-average gas concentration value, and for comparing the minimum gas concentration value with the high-average gas concentration value; the controller further configured for maintaining the fan speed at the minimum base speed when the high-average concentration value is less than or equal to the minimum gas concentration value, and for adjusting fan speed from the minimum base speed value by increasing the fan speed as a linear, non-linear, or a combination of both linear and non-linear functions for gas concentration values exceeding the high-average gas concentration value until the high-average gas concentration value reaches the maximum gas concentration value; and the controller configured for operating the fan units at a constant speed when the high-average gas concentration value is equal to or greater than the maximum gas concentration threshold value; and the controller configured for calculating and predicting energy savings of the parking garage, the predicted energy savings taking into account vehicles mixes for warm and cold start conditions, length of time taken to exit the garage and ambient temperature; the controller configured for measuring and storing a record of actual energy use during a selected energy monitoring time frame.
17. The parking garage of claim 16, wherein the controller is configured to increase fan speed based upon a linear function, a non-linear function or a combination of a linear function and a non-linear function.
18. The parking garage of claim 16, wherein the controller is configured for calculating and predicting the energy savings taking into account vehicle mixes for warm and cold start conditions, length of time taken to exit the parking garage, and ambient temperature.
19. The parking garage of claim 16, further comprising a display operatively associated with the controller for displaying energy savings of the parking garage as compared to predicted energy savings and wherein the controller is configured to predict, optimize, record, and display energy savings based upon continuous operation of the fans.
27. A control system, for controlling ventilation apparatus including fan motor units in an enclosed space so as to predict and optimize energy savings for said ventilation apparatus, comprising:
a plurality of gas concentration measuring sensor devices located in specific gas measurement zones in said enclosed space;
a predetermined measurement timing device capable of dividing a measurement time into equal intervals;
a fan motor speed controller for setting base fan motor speed at a minimum base speed value;
a controller for setting minimum and maximum gas concentration values taking into account predicted occupancy and use of said enclosed space;
said controller receiving input data of a gas concentration value from said plurality of gas concentration sensors located in each measurement zone at each time interval and calculating average gas concentration values of the input data of said gas concentration values received from the plurality of gas sensors located in said gas measurement zone at each time interval;
comparing successive average gas concentration values calculated at each time interval;
setting the highest value of said average gas concentration values as a high-average gas concentration value; comparing the minimum gas concentration value with the high-average gas concentration value;
maintaining the fan motor speed at its minimum base speed value when the high-average concentration value is less than or equal to the minimum gas concentration value;
adjusting the fan speed from its minimum base speed value by increasing the fan motor speed at a specific increment in accord with either a supra-linear or sub-linear exponential function for every additional 1 ppm of high-average gas concentration value above the minimum gas concentration value until the high-average gas concentration value reaches the maximum gas concentration value; and, operating said fan-motor units at a constant speed of 100% of full-motor capacity when the high-average gas concentration value is equal or greater than the maximum gas concentration threshold value, said controller further calculating and predicting energy savings of the system as operated by said controller upon implementation and use of the control system, the predicted energy savings taking into account and correcting for predicted vehicles mixes for warm and cold start conditions, predicted length of time taken to exit the garage and predicted ambient temperature; measuring and storing a record of actual energy use during a selected energy monitoring time frame wherein the method has been operating and responding to real- time gas concentrations and actual vehicle mixes for warm and cold start conditions; and, displaying on a display actual energy savings of the overall system when responding to actual measured gas concentrations and vehicles mixes for warm and cold start conditions and ambient temperature as compared to predicted energy savings based on (1) timing and quantity of occupancy patterns of vehicles entering and exiting the garage, (2) per-vehicle CO emission rates of vehicles entering and exiting the garage, and (3) types of fans used.
20. A parking garage, comprising: a parking garage structure, the parking garage structure including a vehicle entrance and a vehicle exit communicating with the parking garage structure to allow vehicle access and egress; a plurality of ventilating fans operatively associated with the parking garage structure for exhausting ambient air from the parking garage structure; a plurality of gas concentration measuring sensor devices, each sensor located in a defined gas measurement zone within the parking garage structure; a measurement timing system configured to divide a measurement time into equal intervals; a fan speed controller operably associated with the plurality of ventilation fans for controlling ambient gases within the parking garage structure, the fan speed controller configured for setting base fan speed at a minimum base speed value; a controller operably associated with the sensor devices, the fan speed controller, and the measurement timing system, the controller configured for setting minimum and maximum gas concentration values taking into account occupancy and use of the parking garage structure; the controller configured to receive gas concentration value data from the plurality of gas concentration sensors and for calculating average gas concentration values of the data received from the plurality of gas sensors; the controller configured for comparing average gas concentration values calculated at each time interval and for setting the highest value of the average gas concentration values as a high-average gas concentration value, and for comparing the minimum gas concentration value with the high-average gas concentration value; the controller further configured for maintaining the fan speed at the minimum base speed when the high-average concentration value is less than or equal to the minimum gas concentration value, and for adjusting fan speed from the minimum base speed value by increasing the fan speed for gas concentration values exceeding the high-average gas concentration value until the high-average gas concentration value reaches the maximum gas concentration value; and the controller configured for operating the fan units at a constant speed when the high-average gas concentration value is equal to or greater than the maximum gas concentration threshold value; and the controller configured for measuring and storing a record of actual energy use during a selected energy monitoring time frame.
27. A control system, for controlling ventilation apparatus including fan motor units in an enclosed space so as to predict and optimize energy savings for said ventilation apparatus, comprising:
a plurality of gas concentration measuring sensor devices located in specific gas measurement zones in said enclosed space;
a predetermined measurement timing device capable of dividing a measurement time into equal intervals;
a fan motor speed controller for setting base fan motor speed at a minimum base speed value;
a controller for setting minimum and maximum gas concentration values taking into account predicted occupancy and use of said enclosed space;
said controller receiving input data of a gas concentration value from said plurality of gas concentration sensors located in each measurement zone at each time interval and calculating average gas concentration values of the input data of said gas concentration values received from the plurality of gas sensors located in said gas measurement zone at each time interval;
comparing successive average gas concentration values calculated at each time interval;
setting the highest value of said average gas concentration values as a high-average gas concentration value; comparing the minimum gas concentration value with the high-average gas concentration value;
maintaining the fan motor speed at its minimum base speed value when the high-average concentration value is less than or equal to the minimum gas concentration value;
adjusting the fan speed from its minimum base speed value by increasing the fan motor speed at a specific increment in accord with either a supra-linear or sub-linear exponential function for every additional 1 ppm of high-average gas concentration value above the minimum gas concentration value until the high-average gas concentration value reaches the maximum gas concentration value; and, operating said fan-motor units at a constant speed of 100% of full-motor capacity when the high-average gas concentration value is equal or greater than the maximum gas concentration threshold value, said controller further calculating and predicting energy savings of the system as operated by said controller upon implementation and use of the control system, the predicted energy savings taking into account and correcting for predicted vehicles mixes for warm and cold start conditions, predicted length of time taken to exit the garage and predicted ambient temperature; measuring and storing a record of actual energy use during a selected energy monitoring time frame wherein the method has been operating and responding to real- time gas concentrations and actual vehicle mixes for warm and cold start conditions; and, displaying on a display actual energy savings of the overall system when responding to actual measured gas concentrations and vehicles mixes for warm and cold start conditions and ambient temperature as compared to predicted energy savings based on (1) timing and quantity of occupancy patterns of vehicles entering and exiting the garage, (2) per-vehicle CO emission rates of vehicles entering and exiting the garage, and (3) types of fans used.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-2, 4, 6-11, 13, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over AirTest (Datasheet: “CN7232 Advanced Garage Ventilation Controller” [online]. April 27, 2013– hereinafter AirTest) in view of Scholten (US20100063641A1 -hereinafter Scholten).
Regarding claim 1, AirTest teaches:
A parking garage having a ventilation control system operating ventilation fans to control ambient gases within the parking garage (see page 2; AirTest teaches the smart controller CN7232 controls enclosed vehicle facilities to maximize savings for operating energy (kWh) and peak energy (kW demand) particularly for fans using VFDs (Variable Speed Drives)), the parking garage comprising:
a plurality of gas concentration measuring sensor devices located in specific gas measurement zones in a parking garage; (see page 2 and CN7232-VFD Controller Configuration section of page 7; AirTest teaches selecting gases to be measured and number of sensors required: CO (TR2000), NO2 (TR3210-NO2), Combustibles (TR5200), CO2 (TR9293). All gases will be measured in the same locations. Each gas location should cover 5,000 to 7000 sq ft, to a max of 10,000 sq ft. Up to 32 sensors can be accommodated in one CN7232.)
a measurement timing system configured to divide a measurement time into equal intervals (see page 7, step E; AirTest teaches about setting Measurement Time Averaging period in minutes (default is 2 minutes) by using the CN7332. Since Measurement Time Averaging (defining a predetermined gas measurement time) obtains by adding together several equal time intervals and then dividing this total by the number of time intervals, it corresponds to ‘dividing said gas measurement time into equal time intervals B’. Therefore, the CN7332 corresponds to ‘a predetermined measurement timing device’);
a fan speed controller operably associated with a plurality of ventilation fans disposed throughout the parking garage for controlling ambient gases within the parking garage (see page 5, right column; AirTest: “Variable Speed Drives were installed on all fans with control provided by an AirTest CN7232 controller with 25 AirTest TR2000 CO sensors used to detect automobile activity.”), the fan speed controller configured for setting base fan speed at a minimum base speed value (see page 7, step C; AirTest teaches about setting Base Setting Operating Mode (the minimum base) by using CN7332 controller. A base fan speed is selected that operates whenever the space is occupied and below gas set point level. The minimum base speed should be 25%);
a controller operably associated with the sensor devices, the fan speed controller, and the measurement timing system (see page 8, CN7232-On/Off Controller Configuration section, first paragraph; AirTest: “Each gas location should cover 5,000 to 7000 sq ft, to a max of 10,000 sq ft. Up to 32 sensors can be accommodated in one CN7232.”), the controller configured for setting minimum and maximum gas concentration values… (see step C and the chart of page 7; AirTest teaches setting Base Setting Operating Mode. A gas set point level for the Base Setting is selected (e.g. 10 ppm). See step D and the chart of page 7; AirTest teaches the upper gas ppm level is the maximum gas concentration. The maximum gas concentration can be set at 35 ppm or 50ppm. All set uses the Controller keypad and display of CN7332 controller)
the controller configured to receive gas concentration value data from the plurality of gas concentration sensors (see CN7232-VFD Controller Configuration section of page 7; AirTest teaches selecting gases to be measured and number of sensors required: CO (TR2000), NO2 (TR3210-NO2), Combustibles (TR5200), CO2 (TR9293). Default assumption is that all gases will be measured in the same locations. Each gas location should cover 5,000 to 7000 sq ft, to a max of 10,000 sq ft. Up to 32 sensors can be accommodated in one CN7232. Therefore, CN7232 can receive input data (gas concentration value) from gas sensors to control the gas sensors located in gas measurement zones (gas locations) at the Measurement Time Averaging period in minutes (including equal time intervals)) and for calculating average gas concentration values of the data received from the plurality of gas sensors; (see step D of page 7; AirTest teaches the control signal will be based on the average high concentration measured over X minutes (default is 2 minutes). Since the control signal uses the average high concentration measured in Measurement Time Averaging ((including equal time intervals), it corresponds to ‘calculating average gas concentration values’ to choose the average high concentration measured’)
the controller configured for comparing average gas concentration values calculated at each time interval (see step D of page 7; AirTest teaches the control signal will be based on the average high concentration measured over X minutes (default is 2 minutes). Since the control signal uses the average high concentration measured in Measurement Time Averaging ((including equal time intervals), it corresponds to ‘comparing the average gas concentration values’ to select the average high concentration) and for setting the highest value of the average gas concentration values as a high-average gas concentration value (see step D of page 7; AirTest teaches the control signal will be based on the average high concentration measured over X minutes (default is 2 minutes). Therefore, ‘the average high concentration’ corresponds to ‘high-average gas concentration value’), and for comparing the minimum gas concentration value with the high-average gas concentration value; (see steps C and the chart of page 7; AirTest teaches ‘comparing the minimum gas concentration value (gas set point level for the Base Setting) with the high-average gas concentration value (gas/Carbon Monoxide (CO) concentration)
the controller further configured for maintaining the fan speed at the minimum base speed when the high-average concentration value is less than or equal to the minimum gas concentration value (see the chart of page 7; AirTest teaches three different settings for the two operational modes above are shown in the chart. When the high-average gas concentration value (CO Concentration) equal to greater than the maximum gas concentration threshold value (the upper gas ppm level), the VFD Fan Speed operates 100 percent of full motor capacity), and for adjusting fan speed from the minimum base speed value by increasing the fan speed for gas concentration values exceeding the high-average gas concentration value until the high-average gas concentration value reaches the maximum gas concentration value (see page 7, step D; AirTest teaches once the base gas set point level is exceeded the fans will proportionately ramp up to a user defined maximum fan speed and target maximum gas level (maximum gas concentration value)); and
the controller configured for operating the fan units at a constant speed when the high-average gas concentration value is equal to or greater than the maximum gas concentration threshold value (see the chart of page 7; AirTest teaches three different settings for the two operational modes above are shown in the chart. When the high-average gas concentration value (CO Concentration) equal to greater than the maximum gas concentration threshold value (the upper gas ppm level), the VFD Fan Speed operates 100 percent of full motor capacity);
However, AirTest does not explicitly teach:
… taking into account occupancy and use of the parking garage;
and the controller configured for measuring and storing a record of actual energy use during a selected energy monitoring time frame.
Scholten from the same or similar field of endeavor teaches:
… taking into account occupancy and use of the parking garage; (see [0039]; Scholten: “CO2 management—American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) standards require CO2 management of occupied spaces to ensure sufficient fresh air is maintained for the number of occupants in the space. Typically, this is provided by CO2 sensors that measure total CO2 in the space and adjusts the fresh air systems accordingly. The lag in these control systems causes significant energy wastage. ASHRAE provides alternative strategies based on actual occupancy. Asset aware network systems may be used to provide accurate occupancy numbers based on strategically positioned cameras and people counting algorithms within the AAN-S.” See [0042]: “actual occupancy data of parking garages can be used to modulate parking lighting to further reduce energy.”)
and the controller configured for measuring and storing a record of actual energy use during a selected energy monitoring time frame. (see [0055]; Scholten: “Historical usage information of a particular person or an area of the building or facility may be stored in one or more databases 74. Such historical information may be used to predict expected energy demands and/or optimize the energy utilization of various devices of the building or facility. Artificial intelligence (genetic algorithms and fuzzy logic) using the historical information allows the ADR (68, 70 and/or 72) to become smarter over time and to improve the overall energy costs of the building or facility.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teaching of AirTest to include Scholten’s features of taking into account occupancy and use of the parking garage; and the controller configured for measuring and storing a record of actual energy use during a selected energy monitoring time frame. Doing so would improve energy utilization of a large building or facility. (Scholten, [0002])
Regarding to Claim 2, the combination of AirTest and Scholten teaches the limitations as described in claim 1, AirTest further teaches wherein the controller is configured for increasing the fan speed based upon a selected speed adjustment function. (see page 7, step D; AirTest teaches once the base gas set point level is exceeded the fans will proportionately ramp up to a user defined maximum fan speed and target maximum gas level (maximum gas concentration value))
Regarding to Claim 4, the combination of AirTest and Scholten teaches the limitations as described in claim 1, Scholten further teaches wherein the controller is configured for calculating and predicting energy savings for the parking garage. (see [0055]; Scholten: “Historical usage information of a particular person or an area of the building or facility may be stored in one or more databases 74. Such historical information may be used to predict expected energy demands and/or optimize the energy utilization of various devices of the building or facility. Artificial intelligence (genetic algorithms and fuzzy logic) using the historical information allows the ADR (68, 70 and/or 72) to become smarter over time and to improve the overall energy costs of the building or facility.”)
The same motivation to combine AirTest and Scholten a set forth for Claim 1 equally applies to Claim 4.
Regarding to Claim 6, the combination of AirTest and Scholten teaches the limitations as described in claim 1, AirTest further teaches wherein the controller is configured for selecting minimum and maximum ambient gas concentration values for at least one of carbon monoxide and nitrogen dioxide. (see CN7232-VFD Controller Configuration section of page 7; AirTest teaches selecting gases to be measured and number of sensors required: CO (TR2000), NO2 (TR3210-NO2), Combustibles (TR5200), CO2 (TR9293). See the step C and the chart of page 7; AirTest teaches the low gas concentration is set at 10 ppm. See the chart of the page 7; AirTest teaches the upper gas ppm level (the maximum gas concentration) is set at 35 ppm. See page 3; AirTest teaches the NO2 transmitters electrochemical can measure from 0 ppm to 10 ppm.)
Regarding to Claim 7, the combination of AirTest and Scholten teaches the limitations as described in claim 6, AirTest further teaches wherein the controller is configured for selecting the maximum gas concentration value of between 25.00 ppm and 45.00 ppm for carbon monoxide (see the chart of the page 7; AirTest teaches the upper gas ppm level (the maximum gas concentration) is set at 35 ppm) and between 5.0 ppm and 10.0 ppm for nitrogen dioxide (see page 3; AirTest teaches the NO2 transmitters electrochemical can measure from 0 ppm to 10 ppm. Therefore, the maximum value of the NO2 transmitters electrochemical (10 ppm) is between 5.0 ppm and 10.0 ppm).
Regarding to Claim 8, the combination of AirTest and Scholten teaches the limitations as described in claim 1, AirTest further teaches wherein the measurement timing system is configured so that the gas measurement time is set at a value of between 60 seconds and 180 seconds. (see step E of page 7; AirTest teaches the Measurement Time Averaging period in 2 minutes (120 seconds))
Regarding to Claim 9, the combination of AirTest and Scholten teaches the limitations as described in claim 1, AirTest further teaches wherein the controller is configured for setting the base fan motor speed at between 14% and 38% of fan full capacity. (see Step C and the chart of page 7; AirTest teaches the minimum base speed value should be 25%)
Regarding to Claim 10, the combination of AirTest and Scholten teaches the limitations as described in claim 6, AirTest further teaches wherein the controller is configured for selecting minimum and maximum gas concentration values of both carbon monoxide and nitrogen dioxide. (see CN7232-VFD Controller Configuration section of page 7; AirTest teaches selecting gases to be measured and number of sensors required: CO (TR2000), NO2 (TR3210-NO2), Combustibles (TR5200), CO2 (TR9293). See the step C and the chart of page 7; AirTest teaches the low gas concentration is set at 10 ppm. See the chart of the page 7; AirTest teaches the upper gas ppm level (the maximum gas concentration) is set at 35 ppm. See page 3; AirTest teaches the NO2 transmitters electrochemical can measure from 0 ppm to 10 ppm.)
Regarding to Claim 11, the combination of AirTest and Scholten teaches the limitations as described in claim 7, AirTest further teaches wherein the controller is configured to adjust fan speed for every additional 1 ppm of high-average gas concentration value above the minimum gas concentration value. (see page 7, step D; AirTest teaches once the base gas set point level is exceeded the fans will proportionately ramp up to a user defined maximum fan speed and target maximum gas level (maximum gas concentration value))
Regarding to Claim 13, the combination of AirTest and Scholten teaches the limitations as described in claim 1, AirTest further teaches wherein the controller is configured to continuously operate the fans. (see page 7, step 3 of Sequence of Operation section; AirTest: “VFD runs continuously at Base fan speed (C) unless levels exceed the Base CO level (C).”)
Regarding Claim 20, the limitations in this claim is taught by the combination of AirTest and Scholten as discussed connection with claim 1.
Claims 3 and 17 are rejected under 103 as being unpatentable over AirTest in view of Scholten further in view of Chang (US 20100219784 A1 -hereinafter Chang).
Regarding to Claim 3, the combination of AirTest and Scholten teaches the limitations as described in claim 1; however, it does not explicitly teach wherein the speed selection function is one of a linear function, a non-linear function, or combination of a linear function and a non-linear function.
Chang from the same or similar field of endeavor teaches wherein the speed selection function is one of a linear function, a non-linear function, or combination of a linear function and a non-linear function (see Abstract; Chang: “When the ambient temperature is higher than the higher temperature, the rotation speed of the motor is a linear function of the temperature and varies between the higher temperature and a maximum temperature corresponding to the full rotation speed of the motor.”);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination of AirTest and Scholten to include Chang’s features of adjusting fan speed based upon a linear function. Doing so would easily control the rotation speed of the motor in order to save energy and reduce annoying noise. (Chang, [0005])
Regarding Claim 17, the limitations in this claim is taught by the combination of AirTest, Scholten, and Chang as discussed connection with claim 3.
Claims 5, 16, and 18 is rejected under 103 as being unpatentable over AirTest in view of Scholten further in view of Graham et al. (NPL: “Contribution of Vehicle Emissions from an Attached Garage to Residential Indoor Air Pollution Levels” (2004) – hereinafter Graham).
Regarding to Claim 5, the combination of AirTest and Scholten teaches the limitations as described in claim 4, Scholten further teaches wherein the controller is configured for calculating and predicting the energy savings (see [0055]; Scholten: “Such historical information may be used to predict expected energy demands and/or optimize the energy utilization of various devices of the building or facility. Artificial intelligence (genetic algorithms and fuzzy logic) using the historical information allows the ADR (68, 70 and/or 72) to become smarter over time and to improve the overall energy costs of the building or facility.”) …length of time taken to exit the parking garage (see [0035]; Scholten: “This data may include information such as a person count into and out of an area, the number of people assembling in certain areas, periods of time people stay assembled in certain areas, number of cars entering and leaving parking facilities, and the like.”) …
However, it does not explicitly teach: …taking into account vehicle mixes for warm and cold start conditions (see page 564, right column; Graham: “The vehicle emission profiles and emission rates and the in-house concentration profiles were then used in two different computer modeling activities (1) to estimate the magnitude of the vehicle emission contribution to observed indoor concentrations using chemical mass balance (CMB) modeling and (2) to predict indoor concentrations based on the physical and airflow characteristics of the home, the vehicle emission rates, and the prevailing meteorological conditions using CONTAM96”. See page 564, right column; Graham: “the cold-start and hot-start tailpipe emissions and hot-soak evaporative emissions were of interest.”), and ambient temperature. (See page 566, left column; Graham: “All of the vehicle exhaust was collected and mixed with ambient air in a constant volume sampling system as described in the FTP to determine mass emission rates.”.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination of AirTest and Scholten to include Graham’s features of taking into account predicted vehicle mixes for warm and cold start conditions and ambient temperature. Doing so would determine potential harm of toxic substances to human health in order to control potential infiltration from the attached garage. (Graham, page 564, left column)
Claims 16 contain similar limitations to those in claims 1 and 5 are rejected using the same rationale.
Regarding Claim 18, the limitations in this claim is taught by the combination of AirTest, Scholten, and Graham as discussed connection with claim 5.
Claims 12 is rejected under 103 as being unpatentable over AirTest in view of Scholten further in view of Dumicich et al. (AU 2013101580 A4– hereinafter Dumicich).
Regarding to Claim 12, the combination of AirTest and Scholten teaches the limitations as described in claim 1, AirTest further teaches wherein the controller is configured to control fan speed wherein the fans comprise primary …fan motor units and secondary fan motor units. (see page 8, CN7232-On/Off Controller Configuration section; AirTest teaches a garage can operate up to 6 zones. For each zone we can provide single stage or dual stage relays. The dual can be used with 2 speed fans. Therefore, one of different zones with speed fans corresponds to ‘secondary fan motor units’).
However, it does not explicitly teach exhaust and supply fan motor units.
Dumicich from the same or similar field of endeavor teaches exhaust and supply fan motor units (see page 2, lines 29-30; Dumicich teaches about one or more of the supply, exhaust and/or impulse ventilation fans).
It would have been obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to modify the teaching of AirTest and Scholten with the above teachings of Dumicich to substitute the types of fans to another to achieve the predictable result of providing a ventilation system for an enclosed space. (Dumicich, page 2, lines 12-13)
Claims 14-15, and 19 are rejected under 103 as being unpatentable over AirTest in view of Scholten in view of Graham further in view of Cho et al. (NPL: "Energy Saving Potentials of Ventilation Controls Based on Real-time Vehicle Detection in Underground Parking Facilities." (2013) -hereinafter Cho).
Regarding to Claim 14, the combination of AirTest, Scholten, and Graham teaches the limitations as described in claim 5; however, it does not explicitly teach further comprising a display operatively associated with the controller for displaying energy savings of the parking garage as compared to predicted energy savings.
Cho from the same or similar field of endeavor teaches further comprising a display operatively associated with the controller for displaying energy savings of the parking garage as compared to predicted energy savings. (see page 338, left column, second paragraph; Cho: “Fan energy was reduced 33~37% in continuous operation mode of DCV compared to the constant volume control-CVC operation by controlling the ventilation air flow according to the traffic load, the indoor contaminant source (Fig. 6.2).” See page 338, right column, second paragraph: “ASHRAE Handbook 2007 forecasts different vehicle CO emissions for summer and winter. Simulations were carries out regarding fan energy savings by nation and average indoor CO concentration based upon ASHRAE manual according to the DCV application in underground parking facilities.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination of AirTest and Scholten to include Cho’s features of comprising a display operatively associated with the controller for displaying energy savings of the parking garage as compared to predicted energy savings. Doing so would achieve energy savings and good indoor air quality simultaneously. (Cho, page 339, right column, first paragraph)
Regarding to Claim 15, the combination of AirTest and Scholten teaches the limitations as described in claim 1, Scholten further teaches wherein the controller is configured to predict, optimize, record… (see [0055]; Scholten: “Historical usage information of a particular person or an area of the building or facility may be stored in one or more databases 74. Such historical information may be used to predict expected energy demands and/or optimize the energy utilization of various devices of the building or facility. Artificial intelligence (genetic algorithms and fuzzy logic) using the historical information allows the ADR (68, 70 and/or 72) to become smarter over time and to improve the overall energy costs of the building or facility.”)
However, it does not explicitly teach …and display energy savings based upon continuous operation of the fans.
Cho from the same or similar field of endeavor teaches…and display energy savings based upon continuous operation of the fans. (see Abstract; Cho: “the main topic of this paper is to show a possibility of indoor air quality enhancement and the fan energy savings in underground parking facilities by applying the demand-controlled ventilation (DCV) strategy based on the real-time variation of the traffic load”.)
The same motivation to combine AirTest, Scholten, and Cho a set forth for Claim 14 equally applies to Claim 15.
Claims 19 contain similar limitations to those in claims 14 and 15 are rejected using the same rationale.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gil-Lopez (NPL: “Energy, environmental and economic analysis of the ventilation system of enclosed parking garages: Discrepancies with the current regulations”) discloses the proposed solution for the studied parking garage reduces energy consumption by 24.10%, leads to a fall in CO2 and represents a cost saving of 18.93% in the cost of the ventilation system and a saving of 6.35% in annual operating costs.
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/V.N.T./Examiner, Art Unit 2117
/ROBERT E FENNEMA/Supervisory Patent Examiner, Art Unit 2117