Notice of Pre-AIA or AIA St.5atus
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
The following NON-FINAL Office Action is in response to application 18/502,219 filed on 11/06/2023. This communication is the first action on the merits.
Status of Claims
Claims 1-10 are currently pending and have been rejected as follows.
Drawings
The drawings filed on 11/06/2023 are accepted.
IDS
The IDS received on 11/22/2023 has been acknowledged.
Restriction Election
Applicant elected Group 1 based on the response to election filed 04/27/2026, and claims 1-10 will be examined accordingly.
Objections
Claim 1 is objected to due to the following informalities:
Claim 1 recites: “…the energy conservation module receiving a first data at pre-determined intervals from the from the energy conservation model…”, which should read “…the energy conservation module receiving a first data at pre-determined intervals from the energy conservation model…”.
For the purposes of compact prosecution, examiner is interpreting the language in claim 1 as “…the energy conservation module receiving a first data at pre-determined intervals from the energy conservation model…”. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 USC 112(f) or pre-AIA USC 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AlA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AlA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AlA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AlA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
A data integration module receiving…
A construction design module receiving…
An energy conservation model, wherein the model optimizes…and…receives…
A condition monitoring module…receiving…
A building automation system…receives…
An integrated monitoring module…receiving…
…the data integration module generates…
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AlA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification offers that “[t]he invention discussed below may be implemented by a combination of hardware, software, and/or firmware, in various applications which may include a computer” (see ¶ 0132 of the Detailed Description). Therefore, the claim limitations will be interpreted to be a hardware AND software computer program product stored on a memory (see MPEP § 2181(II)(B) wherein when the supporting disclosure for a computer-implemented invention discusses the implementation of the functionality of the invention through hardware, software, or a combination of both, a question can arise as to which mode of implementation supports the means-plus-function limitation. The language of 35 U.S.C. 112(f) requires that the recited "means" for performing the specified function shall be construed to cover the corresponding "structure or material" described in the specification and equivalents thereof. Therefore, by choosing to use a means-plus-function limitation and invoke 35 U.S.C. 112(f) applicant limits that claim limitation to the disclosed structure, i.e., implementation by hardware or the combination of hardware and software, and equivalents thereof. Therefore, the examiner should not construe the limitation as covering pure software implementation).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AlA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 USC 112(f) or pre-AIA 35 USC 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-10 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (i.e. a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1 – Statutory Categories of Invention:
Claims 1-10 are drawn to a system, which is a statutory category of invention.
Step 2A – Judicial Exception Analysis, Prong 1:
Independent claim 1 recites a system for controlling at least one of airborne infection, airborne contamination, and energy conservation in an at least one environment containing a plurality of rooms.
These independent claims recite the following steps best characterized as a mental process under MPEP § 2106.04(a)(2)(III) citing the abstract idea grouping for mental processes in general:
receiving a first data, the first data including at least one of regulatory standard, reporting standard, public health protocols, air balance protocols, air balance report forms, user certifications, fire life safety floorplans, equipment certifications, manually tested conditions
receiving a first data, the first data including at least one of regulatory standard, reporting standard, public health protocols, air balance protocols, air balance report forms, user certifications, fire life safety floorplans, equipment certifications, manually tested conditions
an energy conservation model, wherein the model optimizes the efficiency of the HVAC system in one or more environments, and wherein the model receives raw data, comprising at least one element from a selection of real-time, periodic, and historical inputs, including set points for HVAC equipment, parameters for maintaining balanced air conditions, ventilation schedules tailored for energy conservation, and design and tested conditions of HVAC systems under energy conservation measures;
receiving a first data at pre-determined intervals from the from the energy conservation model, the first data including at least one of energy conservation set points for HVAC equipment, energy conservation parameters for air balance conditions, energy conservation ventilation schedule, energy conservation HVAC design conditions, energy conservation HVAC tested conditions; and transmitting it to the data integration module;
receive[] second data of at least one of construction design module, energy conservation module, condition monitoring module, integrated monitoring module comprising a virtual representation of the at least one environment;
receive[] the second data and calculate[] at least one parameter test for the at least one environment; wherein the data integration module generates a report, wherein the report includes a full list of values of at least one of air flow rate measurements of the at least one environment for every register located within the plurality of rooms within the at least one environment; wherein the data integration module generates a report, wherein the report includes a full list of values of at least one of transfer air rate of the at least one environment for every envelope crossing located within the plurality of rooms within the at least one environment;
generate[] a report, wherein the report includes a full list of values of at least one of differential pressure measurements of the at least one environment for every envelope crossing within the plurality of rooms within the at least one environment.
Under the broadest reasonable interpretation of the limitations, these limitations are best characterized as applying a mental process to a generic computing environment - see MPEP § 2106.04(a)(2)(III)(c)(2).
Dependent claim 2 recites, in part, wherein the at least one environment includes at least one of at least one room and at least one corridor and at least one envelope crossing: assign[] a naming convention to the at least one room and corridor; assign[] at least one zone or room group to the at least one room and corridor; assign[] at least one regulatory standard to the at least one room and corridor; assign[] at least one function of space, room application ,or air classification selected from the at least one regulatory standard to the at least one room and corridor.
Dependent claim 3 recites, in part, optionally determine[] at least one failure of at least one parameter test in at least one of the at least one room and corridor from the first and second data; wherein the failure can be at least one of air balance, air change, differential pressure, air transfer, ventilation rate, or exhaust rate regulatory requirement; wherein the failure can be at least one of building design features, including incorrect estimated room dimensions; wherein the failure can be at least one of contamination removal parameters received as first data within the data integration module or construction design module; wherein the failure can be at least one of energy conservation parameters received as first data within the energy conservation module.
Dependent claim 4 recites, in part, compare[] the parameter test results of at least two regulatory standards to the at least one room and corridor.
Dependent claim 5 recites, in part, compare[] the parameter test results of at least two of at least one of original design regulatory standard(s) or newer regulatory standard(s).
Dependent claim 6 recites, in part, compare[] the parameter test results of at least two of at least one of healthcare or non-healthcare regulatory standard(s).
Dependent claim 7 recites, in part, wherein the at least one environment includes the at least one room and corridor mapped to at least one of design specification(s), actual condition(s), or regulatory standard(s).
Dependent claim 8 recites, in part, wherein the virtual representation of the at least one environment is acquired from mechanical drawings or life safety floorplans using commercial or proprietary image processing algorithms.
Dependent claim 9 recites, in part, wherein the virtual representation of the at least one environment is generated using commercial or proprietary artificial intelligence algorithms trained with human input.
Dependent claim 10 recites, in part, wherein the virtual representation of the at least one environment is formatted and structured in a manner compatible with artificial intelligence algorithms.
Each of these steps of the preceding dependent claims only serve to further limit or specify the features of independent claim 1 accordingly, and hence are nonetheless directed towards fundamentally the same mental process abstract idea grouping as the independent claim and utilize the additional elements analyzed below in the expected manner.
Step 2A – Judicial Exception Analysis, Prong 2:
This judicial exception is not integrated into a practical application because the additional elements within the claims only amount to instructions to implement the judicial exception using a computer [MPEP 2106.05(f)].
Claim 1 recites a data integration module, construction design module, energy conservation module, condition monitoring module, and integrated monitoring module. The specification offers that the five modules are “construed as functional blocks of a computer(s) and database(s)“ (¶ 0036 of the Summary of the Invention) and “[t]he invention discussed below may be implemented by a combination of hardware, software, and/or firmware, in various applications which may include a computer” (see ¶ 0132 of the Detailed Description). Therefore, the use of the modules is only recited as a tool to apply data to an algorithm and report the results (MPEP § 2106.05(f)(2) see case involving a commonplace business method or mathematical algorithm being applied on a general purpose computer within the “Other examples.. i.”) amounting to instruction to implement the abstract idea using a general purpose computer. Alice Corp. Pty. Ltd. V. CLS Bank Int’l, 134 S. Ct. 2347, 1357 (2014).
Claim 1 recites a sensor system, wherein the sensor system includes at least one of differential pressure sensor, static pressure sensor, or airflow sensor located in the at least one environment, wherein the sensor receives raw data of at least one current condition within the at least one environment. The limitations are only recited as a tool which only serves to input data for use by the abstract idea (MPEP § 2106.05(g) - insignificant pre-solution activity that amounts to mere data gathering to obtain input) and is therefore not a practical application of the recited judicial exception.
Claim 1 recites receiving a first data at pre-determined intervals from the sensor system, the first data including at least current conditions of the at least one environment and transmitting it to the data integration module. Claim 1 recites wherein the building automation system is connected to components comprising at least one fan system, air moving equipment system, air conditioning system, duct system air handler unit, and air volume terminal units in the at least one environment wherein the building automation system receives raw data of at least one condition. Claim 1 recites receiving a first data at pre-determined intervals from the building automation system, the first data including at least current conditions of the at least one environment and transmitting it to the data integration module. The limitations are only recited as a tool which only serves to input data for use by the abstract idea or output of the data determined from the abstract idea (MPEP § 2106.05(g) - insignificant pre/post-solution activity that amounts to mere data gathering to obtain input or post-solution output) and is therefore not a practical application of the recited judicial exception.
The above claims, as a whole, are therefore directed to an abstract idea.
Step 2B – Additional Elements that Amount to Significantly More:
The present claims do not include additional elements that are sufficient to amount to more than the abstract idea because the additional elements or combination of elements amount to no more than a recitation of instructions to implement the abstract idea on a computer.
Claim 1 recites a data integration module, construction design module, energy conservation module, condition monitoring module, and integrated monitoring module.
Each of these elements is only recited as a tool for performing steps of the abstract idea, such as the use of the storage mediums to store data, the computer and data processing devices to apply the algorithm, and the display device to display selected results of the algorithm. These additional elements therefore only amount to mere instructions to perform the abstract idea using a computer and are not sufficient to amount to significantly more than the abstract idea (MPEP 2016.05(f) see for additional guidance on the “mere instructions to apply an exception”).
Each additional element under Step 2A, Prong 2 is analyzed in light of the specification’s explanation of the additional element’s structure. The claimed invention’s additional elements do not have sufficient structure in the specification to be considered a not well-understood, routine, and conventional use of generic computer components. Note that the specification can support the conventionality of generic computer components if “the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. § 112(a)” (MPEP § 2106.07(a)(III)(A) integrating the evidentiary requirements in making a § 101 rejection as established in Berkheimer in III. Impact on Examination Procedure, A. Formulating Rejections, 1. on p. 3).
Claim 1 recites receiving a first data at pre-determined intervals from the sensor system, the first data including at least current conditions of the at least one environment and transmitting it to the data integration module. Claim 1 recites wherein the building automation system is connected to components comprising at least one fan system, air moving equipment system, air conditioning system, duct system air handler unit, and air volume terminal units in the at least one environment wherein the building automation system receives raw data of at least one condition. Claim 1 recites receiving a first data at pre-determined intervals from the building automation system, the first data including at least current conditions of the at least one environment and transmitting it to the data integration module. The courts have decided that receiving or transmitting data over a network as well-understood, routine, conventional activity when claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity (MPEP § 2106.05(d)(II) other types of activities example i. receiving or transmitting data over a network, OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network).
Claim 1 recites a sensor system, wherein the sensor system includes at least one of differential pressure sensor, static pressure sensor, or airflow sensor located in the at least one environment, wherein the sensor receives raw data of at least one current condition within the at least one environment. The use of a sensor system to collect HVAC related environmental conditions is well understood, routine, and conventional. This position is supported by Cheng et al., Enabling Smart Air Conditioning by Sensor Development: A Review, 16(12) Sensors (Nov. 30, 2016) teaching on the state of the art in HVAC sensing technologies for collecting distributed measurements from a controlled building environment on p. 1. § Introduction (treated as a review under MPEP § 2106.07(a)(III)(C) that describes the state of the art and discusses what is well-known and in common use in the relevant industry). Therefore, the sensor system is not sufficient to amount to significantly more than the recited judicial exception.
Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. Their collective functions merely provide conventional computer implementation.
Claims 1-10 are therefore rejected under 35 U.S.C. § 101 as being directed to non-statutory subject matter.
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.
Claims 1-10 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites: “an energy conservation module connected to…including at least one of…energy conservation set points for HVAC equipment, energy conservation parameters for air balance conditions, energy conservation ventilation schedule, energy conservation HVAC design conditions, energy conservation HVAC tested conditions; and transmitting it to the data integration module;” The metes and bounds of what data to which “it” refers is unclear. For purposes of compact prosecution, Examiner will interpret the claim limitation “it” to include the “first data” being transmitted, and that the energy conservation module is doing the transmitting.
Claim 1 requires there to be “at least one environment containing a plurality of rooms” while claims 2, 3, and 7 recite “at least one room”. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 2, 3, and 7 recites the broad recitation “at least one room”, while claim 1 on which they dependent recites “a plurality of rooms” which is the narrower statement of the range/limitation. The claims are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (1) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claims 2-10 depend on claim 1 and do not remedy the written description requirement issues of claim 1. As dependent claims inherit the deficiencies of the claims they depend on, they are also rejected.
Claim 2 recites “wherein the at least one environment includes at least one of at least one room and at least one corridor and at least one envelope crossing”. From the listed elements: (1) at least one room; (2) at least one corridor; and (3) at least one envelope, it is unclear if the underlined at least one of is claiming (a) each of these elements is required and must include at least one OR (b) if only one of the three elements is required by the claim. Examiner will interpret the claim under the broadest reasonable interpretation wherein only one of the elements (1-3) are required to satisfy the claim.
Claim 5 recites “newer regulatory standard(s)”, which is a term of degree under MPEP 2173.05(b)(I). The term “newer” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of compact prosecution, examiner is interpreting the claim language to be any regulatory standard under the broadest reasonable interpretation.
Claim 7 recites “the at least one room and corridor”. There is not sufficient antecedent basis for the “corridor” limitation in the claim.
Claims 8 and 9 recite “commercial or proprietary” under MPEP 2173.05(b)(II): Reference to an object that is variable may render a claim indefinite. For the purposes of compact prosecution, examiner is interpreting the claim language to be any mechanical drawings or life safety floorplans using mechanical drawings or life safety floorplans using commercial or proprietary image processing algorithms and any virtual representation generated using artificial intelligence algorithms trained with human input under the broadest reasonable interpretation.
Claim 10 is rejected under 35 U.S.C. 112(b) as the claim recites a “manner compatible with Ai”. The metes and bounds of AI compatibility are not defined in the claim or the specification wherein one of ordinary skill int eh art could readily ascertain the scope of the limitation. Examiner will interpret the claim to read on any use of machine learning or AI to create a virtual representation.
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 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Tyspin (US 20100283606 A1) in view of Obinelo (US 20150134123 A1) further in view of Wallace (US 20190234631 A1).
Regarding claim 1, Tsypin teaches on:
a data integration module (The mediator 1102)
receiving a first data, (The mediator 1102 integrates, collects, logs and exports information into the Enterprise Energy Management System (EEMS) data repository [0106]);
the first data including air balance report forms, (the system 100, based for example on access to Building Management System (BMS) information, may create a baseline performance so that the system 100 shows a room by room picture before and after picture of energy consumption. FIG. 8 shows example baseline reports 800 that the system 100 may generate, including a room detail scorecard 802, consumption/demand graph 804, a top level scorecard baseline (e.g., comfort/efficient/operations) charts 806, or other baseline reports [0047]…(The reports in Fig. 8 include air volume level for each room, which is synonymous with “air balance” report.; see also [0159]);
a construction design module receiving a first data, the first data including at least one of building specifications (The inputs to the system 100, concerning Data Collection--Analytics--Fault Detection--Continuous Control, and other aspects may include: Building blueprints and BAS design diagrams (i.e. building specifications) [0049, 0051]);
an energy conservation model, (The Baseline Energy Model) wherein the model optimizes the efficiency of the HVAC system in one or more environments, and wherein the model receives raw data, comprising at least one element from a selection of real-time, periodic, and historical inputs, including set points for HVAC equipment, parameters for maintaining balanced air conditions, ventilation schedules tailored for energy conservation, and design and tested conditions of HVAC systems under energy conservation measures (The Baseline Energy Model builds on cost estimating and budget forecasting. The EEMS creates the model using historical energy usage, weather and schedule data. It develops an energy/utility forecast using the energy model, anticipated weather (with ranges for more extreme and more moderate weather) and expected building occupancy schedules. The last step applies building tariff information and targeted energy savings to determine the utility budget [0263] where the business rules may be based on standardized set points and proven practices, as agreed in discussions between the system and the company. Typically, these rules are organized around a balance of comfort, efficiency and operational performance. The AFDD (Automated Fault Detection & Diagnostics) system can be configured to send alerts and notifications automatically, based on these business rules [0251] where EEMS will apply business rules in a systematic manner to identify common issues that drive inefficiencies. The BOSS energy scorecard system will identify issues associated with Comfort, Efficiency and Operations indices. These indices are created on a room-by-room basis, allowing for granular detection of system anomalies, and the illumination of a clear path to apply corrective measures [0253]; [0066] and [0068]: “3) establish operational guidelines for setpoints and schedules across all equipment”, [0269]);
an energy conservation module (Enterprise Energy Management System (EEMS)) connected to the energy conservation model (The Baseline Energy Model) the energy conservation module receiving a first data at pre-determined intervals from the from the energy conservation model (The database architecture may be based on the need to manage interval data and normalize it on a time basis from many different resources (metering systems, building automation systems, weather, eFMS, UMS etc). The database may manage data of any frequency, whether it will be in set intervals or collected on a change-of-value (COV) basis. The EEMS will align data from different sources with a uniform time coding system so that values can be normalized to whatever interval the EEMS user chooses to display where the system will perform weather normalization as part of the Baseline Energy Record and various tracking and analysis reports included in system EEMS [0108]) the first data including energy conservation set points for HVAC equipment (The system solution may deliver real-time access and reporting of collected data. For most points, the system may poll at one-minute intervals. However, data is generally stored at the data collection rate. This means 15-minute-interval data is stored every 15 minutes, and hourly data is stored hourly. Data that infrequently changes (e.g. set points) is stored only when changed. No limit to the number of points collected and stored exists [0141, See Table 00001]) and transmitting it to the data integration module (The mediator captures data elements from these systems [0144] where this infrastructure will be connected to a facility mediator 1102 to provide connectivity to the central EEMS [0146]);
a sensor system, ( “sensor system 214”[0041]), wherein the sensor system includes static pressure sensor located in the at least one environment wherein the sensor receives raw data of at least one current condition within the at least one environment (which includes sensors for (0041) “…pressure, motion, vibration, temperature, and contact sensors” where (0123) “the system EEMS may collect a wide range of data points…” including (0131) “duct static pressure and static setpoint”)
a condition monitoring module (EEMS) connected to the sensor system (The EEMS dashboard has three main views: trends, real-time monitoring, and analysis [0180] where “the system EEMS may collect a wide range of data points [0123]…” including “space temperature setpoints, variable air volume system (VAV) operational data such as supply air temperature, reheat valve position, heating mode, reheat valve type, supply air setpoints (min/max, heating/cooling, occupied/unoccupied), air flow, damper position, supply/return/mixed air temperature, outside air temperature, return air humidity, duct static pressure and static setpoint [0125-0132])
the condition monitoring module receiving a first data at pre-determined intervals from the sensor system, the first data including at least current conditions of the at least one environment (The EEMS system platform may provide the ability to determine required data collection durations and customize this upon request [0132] where the system may collect real-time data, which may be defined as having a one-minute interval. The real time collection interval is adjustable, e.g., up to a 15-minute interval or other interval. The table below lists a specific data collection and frequency schedule example [0139, Table 00001])
and transmitting it to the data integration module (The mediator captures data elements from these systems [0144] where this infrastructure will be connected to a facility mediator 1102 to provide connectivity to the central EEMS [0146]);
a building automation system Building Automation Systems (BAS); wherein the building automation system is connected to components comprising one air conditioning system in the at least one environment wherein the building automation system receives raw data of at least one condition (The system 100 may be implemented with a wide range of technologies that perform data capture and analysis over a wide range of building systems, as shown in the operational diagram 200 in FIG. 2. Such building systems include high voltage air conditioning (HVAC) systems 204 and sensor system 214 (such as pressure, motion, vibration, temperature, and contact sensors) where the system 100 may focus on data services and deliver benefits based on information from the building sensor [0042, Fig. 3] where the building sensors provide data such as pressure, motion, vibration, temperature [0041]);
an integrated monitoring module connected to the building automation system, the integrated monitoring module receiving a first data at pre-determined intervals from the building automation system, the first data including at least current conditions of the at least one environment and transmitting it to the data integration module ([0083]-[0084] “mediator”, [0086], also [0080] and the system 100 tracks data points such as temperatures, flow rates and weather conditions as interval data points. The system 100 will store this information with a timestamp, point value and data-quality rating for each collected point/interval. The system 100 can then normalize time values into any interval the user desires to align points for output/reporting [0100]);
wherein the data integration module receives second data of at least one of construction design module, energy conservation module, condition monitoring module, integrated monitoring module ([0106] “The mediator 1102 integrates, collects, logs and exports information into the EEMS data repository either through the internet via a routed network…”, and [0083-0084] “the mediator 1102 extracts energy consumption data and utility data from each building system, including the building automation system, and each piece of equipment in the building” comprising a virtual representation of the at least one environment (The system may store and generate 3-D renderings of buildings or building floor plans, e.g., modeled in Google SketchUp, imported into Google Warehouse, and accessed via Google Earth (GE). A geospatially accurate representation of a real estate portfolio coupled with customizable information overlays could potentially be implemented in the system as part of a building Management Intranet [0474]);
wherein the data integration module receives the second data and calculates at least one parameter test for the at least one environment [0086-0087] “The mediator 1102 has an intelligence layer allowing for full closed loop advanced math and logic between any of the previously disparate systems. The mediator 1102 also sends and consumes Web services. An example Web service would be an Automated Demand Response (ADR) notice and pricing level signal from Constellation New Energy (CNE) triggering the mediator 1102 on board logic and control to automatically shed electrical loads by turning off non-essential lighting and changing set points on chilled water and HVAC zones”. Thus, the system 100 and NOC 1106 may establish a data connection from the network operations center 1106 through an energy data mediator 1102 to an energy data source 1104. They may then obtain energy data at the network operations center 1106 through the data connection to the energy data source 1104. The system 100 and NOC 1106 may also perform an energy analysis in the network operations center 1106 on the energy data to produce an analysis result, as described below, for example in connection with FIGS. 25-28;
wherein the data integration module generates a report [Fig. 8 shows example baseline reports 800 that the system 100 may generate including a room detail scorecard 802, consumption/demand graph 804, a top level scorecard baseline (e.g., comfort/efficient/operations) charts 806, or other baseline reports [ 0047] and Figs. 8A-C],
wherein the report includes at least one environment located within the plurality of rooms within the at least one environment [See the categories related to air flow on the scorecard in Fig. 8A].
Tyspin does not explicitly teach a report including a full list of at least one of air flow rate measurements for every register, a full list of values of at least one of transfer air rate, and a full list of values of at least one of differential pressure measurements. However, Obinelo does teach the following:
a full list of measurement values of at least one of air flow rate for every register (The one or more sensors or equipment assets can be configured to provide information about volumetric flow rate [0104] where the HVAC parameters include a volumetric flow rate of each air mover in the environment [0123] where air movers have ceiling registers [0099] where information received from measurement or sensing systems that are configured to measure or sense environment characteristic information can be stored and maintained in a database (i.e. a full list) [0082]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the HVAC monitoring and reporting system of Tyspin with the report including a full list of values of at least one of air flow rate measurements of the at least one environment for every register located within the plurality of rooms within the at least one environment of Obinelo with the motivation to “discretize an environment and, in the discrete domain 530, can calculate various distributions 540 of flow, temperature, pressure, or other quantities within the domain” (Obinelo, para. [0104]) in order to “detect equipment deterioration, or to identify inefficiency, such as can develop in a system over time” (Obinelo, para. [0015]).
Tyspin and Obinelo does not explicitly teach a full list of values of at least one of transfer air rate and a full list of values of at least one of differential pressure measurements. However, Wallace teaches the following:
a list of values of at least one of transfer air rate of the at least one environment (FIG. 11 shows the power consumed by a known BMS 50 system at various air change rates (ACR) obtained from the typical cleanroom 100 of FIG. 6, as set out in Table 2 [0138, Table 2])
and values of at least one of differential pressure measurements of the at least one environment (the present invention provides a cleanroom control system that will continuously capture, and act upon, data from differential pressure sensors [0068] where the control system 10 will maintain a pressure set point for each room or zone being controlled to either absolute pressure or differential pressure to the adjacent rooms [0096; 0135; See Figs. 9(d) and 10(d) showing differential pressure measurement values for specific rooms over time]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tyspin with the teachings of Obinelo and Wallace to generate a report that includes a full list of values of at least one of transfer air rate of the at least one environment for every envelope crossing located within the plurality of rooms within the at least one environment and a full list of values of at least one of differential pressure measurements of the at least one environment for every envelope crossing within the plurality of rooms within the at least one environment in order to better identify system imbalances and ensure optimal energy efficiency and indoor air quality.
Regarding claim 2, Tyspin teaches:
Wherein the at least one environment includes at least one of at least one room and at least one corridor and at least one envelope crossing (the system 100, based for example on access to Building Management System (BMS) information, may create a baseline performance so that the system 100 shows a room by room picture [0047, Fig. 8A] – Examiner notes that only the room is analyzed as it is the selected element from the optional group);
wherein the data integration module assigns a naming convention to the at least one room (the system 100, based for example on access to Building Management System (BMS) information, may create a baseline performance so that the system 100 shows a room by room picture before and after picture of energy consumption. FIG. 8 shows example baseline reports 800 that the system 100 may generate, including a room detail scorecard 802 [0047, Fig. 8A]);
wherein the data integration module assigns at least one zone or room group to the at least one room (See the rooms grouped into three different room groups in Fig. 8A);
wherein the data integration module assigns at least one regulatory standard to the at least one room; wherein the data integration module assigns at least one function of space, room application, or air classification selected from the at least one regulatory standard to the at least one room (The EEMS may support industry standards such as indices for thermal comfort (ASHRAE 55-2004) and minimum ventilation requirements (ASHRAE 62.1-2007). The ventilation index is an example where the system first will integrate data from external systems (space planning data for room sizes and uses (i.e. a function of space)) [0157], and the environment may use standard operation procedures (SOPs) to comply with Federal privacy requirements, applicable laws, regulations, and the company policies and procedures for developing, implementing, and operating information systems. The system may deliver performance and integrity reports to provide transparency into services the system provides [0376]);
assigning at least one specific function of space to the at least one room (“space planning data for room sizes and uses”[0157])
Regarding claim 3, Tyspin teaches all of the element of claim 2 on which claim 3 depends. As claim 3 merely recites optional limitations, the claim does not require steps to be performed (see MPEP § 2111.04). Claim 3 is therefore rejected under the same grounds as claim 2 on which it relies. For the promotion of compact prosecution, Examiner offers the following teachings of Tyspin for consideration:
wherein the data integration system optionally determines at least one failure of at least one parameter test in at least one of the at least one room and corridor from the first and second data (Room Detail Scorecard shows each individual room, organized by air handle and the pass/fail ratings and indication of which operational data led to failure ranking [0217] where systems information collection and integration (602) and/or (604) may further include setting a baseline of building performance. In other words, the system 100, based for example on access to Building Management System (BMS) information [0047])
wherein the failure can be at least one of energy conservation parameters received as first data within the energy conservation module (…which may create a baseline performance so that the system 100 shows a room by room picture before and after picture of energy consumption. FIG. 8 shows example baseline reports 800 that the system 100 may generate, including a room detail scorecard 802, consumption/demand graph 804, a top level scorecard baseline (e.g., comfort/efficient/operations) charts 806, or other baseline reports [0047]).
Regarding claim 4, Tyspin teaches the following:
wherein the data integration system compares the parameter test results of at least two regulatory standards to the at least one room (The EEMS may support industry standards such as indices for thermal comfort (ASHRAE 55-2004) and minimum ventilation requirements (ASHRAE 62.1-2007). The ventilation index is an example where the system first will integrate data from external systems (space planning data for room sizes and uses) [0157], and the environment may use standard operation procedures (SOPs) to comply with Federal privacy requirements, applicable laws, regulations, and the company policies and procedures for developing, implementing, and operating information systems. The system may deliver performance and integrity reports to provide transparency into services the system provides [0376] where the reports may be Room Detail Scorecards showing each individual room, organized by air handle and the pass/fail ratings and indication of which operational data led to failure ranking [0217] where systems information collection and integration (602) and/or (604) may further include setting a baseline of building performance. In other words, the system 100, based for example on access to Building Management System (BMS) information [0047]), which may create a baseline performance so that the system 100 shows a room by room picture before and after picture of energy consumption. FIG. 8 shows example baseline reports 800 that the system 100 may generate, including a room detail scorecard 802, consumption/demand graph 804, a top level scorecard baseline (e.g., comfort/efficient/operations) charts 806, or other baseline reports [0047] where the Room Summary Scorecard contains ranking of room portfolios within a facility/building based on comparing their actual performance against the facility/building service level objectives--i.e. comfort, efficiency, and operations [0216], and performance tracking reports will compare operations against the Baseline Energy Record [0240]).
Regarding claim 5, Tyspin teaches the following:
wherein the data integration system compares the parameter test results of at least two of at least one of original design regulatory standard(s) or newer regulatory standard(s) (The EEMS may support industry standards such as indices for thermal comfort (ASHRAE 55-2004) and minimum ventilation requirements (ASHRAE 62.1-2007). The ventilation index is an example where the system first will integrate data from external systems (space planning data for room sizes and uses) [0157], and the environment may use standard operation procedures (SOPs) to comply with Federal privacy requirements, applicable laws, regulations, and the company policies and procedures for developing, implementing, and operating information systems. The system may deliver performance and integrity reports to provide transparency into services the system provides [0376] where the reports may be Room Detail Scorecards showing each individual room, organized by air handle and the pass/fail ratings and indication of which operational data led to failure ranking [0217] where systems information collection and integration (602) and/or (604) may further include setting a baseline of building performance (i.e. original design regulatory standards). In other words, the system 100, based for example on access to Building Management System (BMS) information [0047]), which may create a baseline performance so that the system 100 shows a room by room picture before and after picture of energy consumption. FIG. 8 shows example baseline reports 800 that the system 100 may generate, including a room detail scorecard 802, consumption/demand graph 804, a top level scorecard baseline (e.g., comfort/efficient/operations) charts 806, or other baseline reports [0047] where the Room Summary Scorecard contains ranking of room portfolios within a facility/building based on comparing their actual performance against the facility/building service level objectives--i.e. comfort, efficiency, and operations [0216], and performance tracking reports will compare operations against the Baseline Energy Record [0240]).
Regarding claim 6, Tyspin teaches the following:
wherein the data integration system compares the parameter test results of at least two of at least one of non-healthcare regulatory standard(s) (The EEMS may support industry standards such as indices for thermal comfort (ASHRAE 55-2004) and minimum ventilation requirements (ASHRAE 62.1-2007). The ventilation index is an example where the system first will integrate data from external systems (space planning data for room sizes and uses) [0157], and the environment may use standard operation procedures (SOPs) to comply with Federal privacy requirements, applicable laws, regulations, and the company policies and procedures for developing, implementing, and operating information systems. The system may deliver performance and integrity reports to provide transparency into services the system provides [0376] where the reports may be Room Detail Scorecards showing each individual room, organized by air handle and the pass/fail ratings and indication of which operational data led to failure ranking [0217] where the Room Summary Scorecard contains ranking of room portfolios within a facility/building based on comparing their actual performance against the facility/building service level objectives--i.e. comfort, efficiency, and operations [0216], and performance tracking reports will compare operations against the Baseline Energy Record [0240]).
Regarding claim 7, Tyspin does not explicitly teach wherein the at least one environment includes the at least one room and corridor mapped to at least one of regulatory standard(s). However, Wallace teaches the following:
wherein the at least one environment includes the at least one room and corridor mapped to at least one of regulatory standard(s) (Room 124, which is designed as a class 7 cleanroom, has a limitation of 3,520,000 0.5 μm particles and 29,000 5 μm particles per cubic meter. Room 130, which is designed as a class 5 cleanroom, has a limitation of 352,000 0.5 μm particles and 2,900 5 μm particles per cubic meter [0132, Figs. 9-10] where the cleanrooms can be classified by particle size concentration as defined in ISO 14644-1 or any other classification standard related to particle size concentration as determined by the cleanroom user [0024]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tyspin with the teachings of Wallace wherein the at least one environment includes the at least one room and corridor mapped to at least one of regulatory standard(s) in order to ensure compliance with regulatory standards, improve safety and mitigate costs.
Regarding claim 8, Tyspin further teaches:
wherein the virtual representation of the at least one environment is acquired from floorplans using commercial image processing algorithms (The system may store and generate 3-D renderings of buildings or building floor plans, e.g., modeled in Google SketchUp (i.e. a commercial image processing algorithm), imported into Google Warehouse, and accessed via Google Earth (GE). A geospatially accurate representation of a real estate portfolio coupled with customizable information overlays could potentially be implemented in the system as part of a building Management Intranet [0474]).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Tyspin (US 20100283606 A1) in view of Obinelo (US 20150134123 A1) further in view of Wallace (US 20190234631 A1) in further view of Ashdown (US 20190114376 A1).
Regarding claim 9, Tyspin does not explicitly teach wherein the virtual representation of the at least one environment is generated using commercial or proprietary artificial intelligence algorithms trained with human input. However, Ashdown teaches the following:
wherein the virtual representation of the at least one environment is generated using commercial or proprietary artificial intelligence algorithms trained with human input (A controls module, which, when processor-executed, generates output control signals for representations of virtual environmental control hardware within the virtual interior environment. The system includes a trainable artificial intelligence (AI) based controller for the interior environment that is trained by the predicted environmental conditions and the output control signals [0020-0021, See Figs. 3-8 and 10-17] where the controller is continually trained by detecting when occupants manually override the controller outputs, sampling its real-time inputs, and updating the neural network and/or expert system with the real-time inputs and outputs as training data [0121], and a client user input is used, and once the user is satisfied with the selected design parameters, they are transmitted from user interface 105 through network 110 to server 115 in Step 210 of FIG. 2 [0074-0077]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tyspin with the teachings of Ashdown wherein the virtual representation of the at least one environment is generated using commercial or proprietary artificial intelligence algorithms trained with human input in order to improve contextual accuracy, allow for proactive fault detection within the HVAC system, and optimize energy costs.
Regarding claim 10, Tyspin does not explicitly teach wherein the virtual representation of the at least one environment is formatted and structured in a manner compatible with artificial intelligence algorithms. However, Ashdown teaches the following:
wherein the virtual representation of the at least one environment is formatted and structured in a manner compatible with artificial intelligence algorithms (The system includes a trainable artificial intelligence (AI) based controller that is trained by the predicted environmental conditions and the output control signals [0020] where the controller 815 of FIG. 18 may communicate with an external service 850, which may be a remote data processing and archival service. Said external service may monitor, archive and analyze the performance of the trainable controller, and it may optionally update the rule base of its expert system knowledge base depending on said analysis or other factors. The external service may also provide real-time inputs, such as future weather predictions, for use in generating what-if scenarios (i.e. has compatibility with the artificial intelligence algorithm) [0126-0127]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tyspin with the teachings of Ashdown wherein the virtual representation of the at least one environment is formatted and structured in a manner compatible with artificial intelligence algorithms in order to improve contextual accuracy, allow for proactive fault detection within the HVAC system, and allow for real-time updates to the AI algorithm.
Pertinent Prior Art
WO 2017127431 A1: A ventilation system with: (i) a volumetric enclosure having an inlet and an outlet and for coupling to an interior of a building habitable by human occupants, and a fan located within the volumetric enclosure and for drawing air exterior to the building and supplying the air to the interior of the building, and parameters relating to quality of air to be moved, and measuring a signal representative of a volume of air passing through the volumetric enclosure over a period of time.
US 9347678 B2: An indoor air quality (IAQ) control module may be provided for sensing and controlling the indoor environmental quality (IEQ) of a zone in a building. The IAQ control module may receive a supply air sample from a supply vent and a return air sample from a return vent, where the air samples are taken using the pressure created by a blower within the HVAC system. The IAQ control module may then compute a differential value for each of the sensed one or more air parameters and generate a control signal or command based on at least the differential value(s). The IAQ control module may then communicate the control signal to an airflow control device to control the airflow to and/or from the zone.
US 20170016642 A1: Airflow calibration systems are provided that are configured to be received in a duct of a heating, ventilating and air conditioning (HVAC) system. The air flow calibration systems include a housing including an air flow grid; and at least one pressure sensing cell positioned in the housing, the at least one cell being configured such that air flows through the at least one cell when the airflow calibration system is positioned in the duct of the HVAC system. The airflow calibration system is configured to be temporarily installed in the duct of the HVAC system to calibrate the HVAC system upon completion of the HVAC system or to recalibrate the HVAC system after a period of time.
US 20160131381 A1: For controlling the flow of air into the zones (Z1, Z2, Z3, Zi) of a variable air volume HVAC system (1) having actuator driven dampers (D1, D2, D3, Di), which operate in a range from a minimum damper position to a maximum damper position for adjusting the flow of air into a zone (Z1, Z2, Z3, Zi), flow measurement values and current damper positions are transmitted via a telecommunications network (2) to a cloud-based HVAC control center (3). Using the flow measurement values and calibration values, which indicate HVAC system parameters at a defined calibration pressure in the HVAC system (1) and at different damper positions, the cloud-based HVAC control center (3) calculates the minimum damper position for the actuators (A1, A2, A3, Ai), such that the pressure in the HVAC system (1) does not exceed a defined maximum pressure threshold, and transmits the minimum damper position to the actuators.
Conclusion
An inquiry concerning this communication or earlier communication from the examiner should be directed to LOGAN D COONS whose telephone number is (571) 272-2698. (via email: logan.coons@uspto.gov “without a written authorization by applicant in place, the USPTO will not respond via internet e-mail to an internet correspondence” MPEP 502.02 II). The examiner can normally be reached on M-F 9:30am – 6pm ET.
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/LOGAN D COONS/Examiner, Art Unit 2857
/JORDAN L JACKSON/Primary Examiner, Art Unit 2857
