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 .
Claims 1-22 are pending.
Claims 1-22 are rejected below.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 15-20 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 15-20 of copending Application No.18/560,322 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Current Application
Co-pending 18/560322
15. A controller comprising: a non-transitory computer-readable storage article including computer-executable instructions; and programmable processing circuitry configured to execute the computer-executable instructions to cause the programmable processing circuitry to: receive a detected air pressure exterior to a premise from a first pressure sensor, receive a detected air pressure within the premise from a second pressure sensor, and adjust an amount of air suppled from an exterior of a premise to a heating, ventilation, and air conditioning (HVAC) unit based on the detected air pressure exterior to the premises and the detected air pressure within the premises.
15. A controller comprising: a non-transitory computer-readable storage article including computer-executable instructions; and programmable processing circuitry configured to execute the computer-executable instructions to cause the programmable processing circuitry to: receive a detected air pressure exterior to a premise from a first pressure sensor, receive a detected air pressure within the premise from a second pressure sensor, and adjust an amount of air suppled from an exterior of a premise to a heating, ventilation, and air conditioning (HVAC) unit based on the detected air pressure exterior to the premises and the detected air pressure within the premises.
16. The controller of claim 15, wherein the programmable processing circuitry is configured to execute the computer-executable instructions to cause the programmable processing circuitry to adjust the amount of air suppled from an exterior of a premise to the HVAC unit by adjusting a first damper positioned at a first air duct that supplies air from the exterior of the premises to the HVAC unit.
16. The controller of claim 15, wherein the programmable processing circuitry is configured to execute the computer-executable instructions to cause the programmable processing circuitry to adjust the amount of air suppled from an exterior of a premise to the HVAC unit by adjusting a first damper positioned at a first air duct that supplies air from the exterior of the premises to the HVAC unit.
17. The controller of claim 16, wherein the programmable processing circuitry is configured to execute the computer-executable instructions to cause the programmable processing circuitry to adjust an amount of air supplied from an interior of the premises to the HVAC unit based on the detected air pressure exterior to the premises and the detected air pressure within the premises.
17. The controller of claim 16, wherein the programmable processing circuitry is configured to execute the computer-executable instructions to cause the programmable processing circuitry to adjust an amount of air supplied from an interior of the premises to the HVAC unit based on the detected air pressure exterior to the premises and the detected air pressure within the premises.
18. The controller of claim 17, wherein the programmable processing circuitry is configured to execute the computer-executable instructions to cause the programmable processing circuitry to adjust the amount of air supplied from the interior of the premises to the HVAC unit by adjusting a second damper positioned at a second air duct that supplies air from the interior of the premises to the HVAC unit.
18. The controller of claim 17, wherein the programmable processing circuitry is configured to execute the computer-executable instructions to cause the programmable processing circuitry to adjust the amount of air supplied from the interior of the premises to the HVAC unit by adjusting a second damper positioned at a second air duct that supplies air from the interior of the premises to the HVAC unit.
19. The controller of claim 18, wherein the programmable processing circuitry is configured to execute the computer-executable instructions to cause the programmable processing circuitry to adjust the amount of air supplied from the exterior of the premises to the HVAC unit to cause the detected air pressure within the premises to be greater than the detected air pressure exterior to the premises.
19. The controller of claim 18, wherein the programmable processing circuitry is configured to execute the computer-executable instructions to cause the programmable processing circuitry to adjust the amount of air supplied from the exterior of the premises to the HVAC unit to cause the detected air pressure within the premises to be greater than the detected air pressure exterior to the premises.
20. The controller of claim 19, wherein the programmable processing circuitry is configured to execute the computer-executable instructions to cause the programmable processing circuitry to adjust at least one of the first damper and the second damper such that the first air duct supplies more air from the exterior of the premises to the HVAC unit than the second air duct supplies from the interior of the premises to the HVAC unit.
20. The controller of claim 19, wherein the programmable processing circuitry is configured to execute the computer-executable instructions to cause the programmable processing circuitry to adjust at least one of the first damper and the second damper such that the first air duct supplies more air from the exterior of the premises to the HVAC unit than the second air duct supplies from the interior of the premises to the HVAC unit.
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) 1-8 and 15-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clanin (U.S. PG Pub. 2010/0057258) in view of Kiser (U.S. Pat 5,290,200).
As to claim 1, Clanin teaches a system comprising: a controller; a heating, ventilation, and air conditioning (HVAC) unit in communication with the controller [0016 According to a preferred embodiment of the present invention, a return fan control system for an HVAC system comprises a supply fan control loop, a return fan control loop and a building pressure control system.]; a first damper positioned at a first air duct, the first air duct supplying air from an exterior of a premises to the HVAC unit[0039 Any return air from the return duct 22 that flows into the recirculation duct 30 is mixed in the plenum space 34 with outside air intake 102, if any, from the outside space 54 that flows through an outside air damper 50 and an outside air duct 48.], the first damper in communication with the controller [0053 The return fan controller 72 facilitates proper intake and control of outside air as a function of the position of outside air damper 50 by compensating for changes in the return air pressure and the mixed air pressure.]; a second damper positioned at a second air duct, the second air duct supplying air from an interior of the premises to the HVAC unit, the second damper in communication with the controller[0033 a mixed air flow modulator 52 connected to at least a recirculation air damper 32 and an outside air damper 50. A control unit, not shown, is connected to and controls the various components of the HVAC system 10, such as the sensors and variable frequency drives. For example, the control unit can send control signals in response to various signals received from components of the HVAC system 10.]; and a second pressure sensor configured to detect an air pressure within the premises, the second pressure sensor in communication with the controller [ 0041 An exhaust duct 40 is used for the relieving the HVAC system 10, if desired, of a portion of the return air to the outside space 54. Arranged along the exhaust duct 40 is an exhaust damper 42. In FIG. 1, the exhaust damper 42 is illustrated as modulated with an exhaust damper modulator 46. The exhaust damper modulator 46 is shown connected to at least the building space pressure sensor 44, and can modulate the exhaust damper 42 in a ratio based on the differential pressure of the building space 20. ] , wherein the controller is configured to the detected air pressure within the premises from the second pressure sensor, and wherein the controller is configured to change the air pressure within the premises by adjusting at least one of the first damper and the second damper based on the detected air pressure within the premises [ 0041 An exhaust duct 40 is used for the relieving the HVAC system 10, if desired, of a portion of the return air to the outside space 54. Arranged along the exhaust duct 40 is an exhaust damper 42. In FIG. 1, the exhaust damper 42 is illustrated as modulated with an exhaust damper modulator 46. The exhaust damper modulator 46 is shown connected to at least the building space pressure sensor 44, and can modulate the exhaust damper 42 in a ratio based on the differential pressure of the building space 20 ].
Clanin teaches most of the claimed invention, but fails to teach all of the claimed invention, however, this is an obvious variation as taught by Kiser as follows:
Kiser teaches a first pressure sensor configured to detect an air pressure exterior to the premises, the first pressure sensor in communication with the controller;
wherein the controller is configured to receive the detected air pressure exterior to the premises from the first pressure sensor within the premises by adjusting at least one of the first damper and the second damper based on the detected air pressure exterior to the premises and the detected air pressure within the premises (col. 7 lines 39-60 In operating the system, it is important that a slight positive pressure be maintained throughout the interior of the building, that is, that the interior pressure be slightly greater than the outside atmospheric pressure around the perimeter of the building. To that end, external pressure sensors may be positioned at strategic locations around the exterior of the building as shown in FIG. 1, for example, at 59a through 59h. The sensors 59 are operatively coupled to the central computer 24 so as to provide signals indicative of the actual pressure at their various locations around the building. The computer then can compare the internal pressures noted by the sensors 25 to the actual external pressures noted by the external sensors 59 in controlling the various air handling units 23 and relief dampers 28. In accordance with another embodiment, a series of commercially available pressure transducers (not shown) may be positioned at selected locations around the peripheral walls of the building. Such transducers determine the pressure differential between the interior and exterior at their location and transmit a signal indicative of the difference to the central computer.).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to include the teachings of Kiser into the system and method of Clanin. The motivation to combine is that Kiser teaches it is important that a slight positive pressure be maintained throughout the interior of the building, that is, that the interior pressure be slightly greater than the outside atmospheric pressure around the perimeter of the building(col. 7 lines 39-60).
As to claim 2, Kiser teaches wherein the controller is configured to change the air pressure within the premises to be greater than the air pressure exterior to the premises by adjusting at least one of the first damper and the second damper when the detected air pressure within the premises is less than the detected air pressure exterior to the premises(col. 7 lines 39-60).
As to claim 3, Kiser teaches wherein the controller is configured to change the air pressure within the premises to be greater than the air pressure exterior to the premises by adjusting at least one of the first damper and the second damper such that the first air duct supplies more air from the exterior of the premises to the HVAC unit than the second air duct supplies from the interior of the premises to the HVAC unit (col. 7 lines 39-60).
As to claim 4, Clanin teaches wherein the controller is configured to adjust the second damper from a second damper first position to a second damper second position, wherein the second damper second position restricts more air from passing from the interior of the premises to the HVAC unit than the second damper first position(closing second damper an amount [0016-0018].
As to claim 5, Clanin teaches wherein each of the second damper first position and the second damper second position allow air to pass from the interior of the premises to the HVAC unit[0016-0018].
As to claim 6, Clanin teaches wherein the controller is configured to adjust the first damper from a first damper first position to a first damper second position, wherein the first damper first position restricts more air from passing from the exterior of the premises to the HVAC unit than the first damper second position (closing damper 50 an amount).
As to claim 7, Clanin teaches further comprising a first air filter positioned at the first air duct such that air passing from the exterior of the premises to the HVAC unit passes through the first air filter before reaching the HVAC unit (element 36).
As to claim 8, Clanin teaches further comprising an air quality sensor positioned to detect an air quality metric of the air supplied from the exterior of the premises, the air quality sensor in communication with the controller, and wherein the controller is configured to adjust the first damper based at least in part on the detected air quality metric[0090-0091].
Claim 15 is similar to claim 1 and can be seen above.
As to claim 16, Clanin teaches wherein the programmable processing circuitry is configured to execute the computer-executable instructions to cause the programmable processing circuitry to adjust the amount of air suppled from an exterior of a premise to the HVAC unit by adjusting a first damper positioned at a first air duct that supplies air from the exterior of the premises to the HVAC unit[0033].
As to claim 17, Kiser teaches wherein the programmable processing circuitry is configured to execute the computer-executable instructions to cause the programmable processing circuitry to adjust an amount of air supplied from an interior of the premises to the HVAC unit based on the detected air pressure exterior to the premises and the detected air pressure within the premises (col. 7 lines 39-60).
As to claim 18, Clanin teaches wherein the programmable processing circuitry is configured to execute the computer-executable instructions to cause the programmable processing circuitry to adjust the amount of air supplied from the interior of the premises to the HVAC unit by adjusting a second damper positioned at a second air duct that supplies air from the interior of the premises to the HVAC unit[0033].
As to claim 19, Kiser teaches wherein the programmable processing circuitry is configured to execute the computer-executable instructions to cause the programmable processing circuitry to adjust the amount of air supplied from the exterior of the premises to the HVAC unit to cause the detected air pressure within the premises to be greater than the detected air pressure exterior to the premises (col. 7 lines 39-60).
As to claim 20, Clanin teaches wherein the programmable processing circuitry is configured to execute the computer-executable instructions to cause the programmable processing circuitry to adjust at least one of the first damper and the second damper such that the first air duct supplies more air from the exterior of the premises to the HVAC unit than the second air duct supplies from the interior of the premises to the HVAC unit (fig. 1)[0039-0040].
As to claim 21, Clanin teaches wherein the programmable processing circuitry is configured to execute the computer-executable instructions to cause the programmable processing circuitry to adjust the second damper from a second damper first position to a second damper second position, and wherein the second damper second position restricts more air from passing from the interior of the premises to the HVAC unit than the second damper first position [0016-0018].
Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clanin (U.S. PG Pub. 2010/0057258) in view of Kiser (U.S. Pat 5,290,200) in view of Donahue (U.S. Pat. 11,739,964).
Clanin in view of Kiser teach most of the claimed invention, but fail to explicitly teach all the limitations of claims 9-11, however, this is an obvious variation and is taught by Donahue as follows:
As to claim 9, Donahue teaches wherein the second pressure sensor is positioned to detect air pressure at or adjacent the second air duct, wherein the controller is configured to receive the detected air pressure from the second pressure sensor, and wherein the controller is configured to use the detected air pressure from the second pressure sensor to determine a presence of an air blockage condition at the second air duct (col. 23 lines 42-54).
As to claim 10, Donahue teaches a third damper positioned at a third air duct, the third air duct supplying air from the HVAC unit to a first zone of the premises, the third damper in communication with the controller; a first temperature sensor positioned to detect an air temperature of the air supplied from the HVAC unit to the first zone, the first temperature sensor in communication with the controller; a fourth damper positioned at a fourth air duct, the fourth air duct supplying air from the HVAC unit to a second zone of the premises, the fourth damper in communication with the controller; and a second temperature sensor positioned to detect an air temperature of the air supplied from the HVAC unit to the second zone, the second temperature sensor in communication with the controller, wherein the second damper is positioned at the second air duct, and the second air duct supplies air from the first zone of the premises to the HVAC unit, and wherein the controller is configured to receive the detected air temperature from the first temperature sensor and the detected air temperature from the second temperature sensor, and wherein the controller is configured to change the temperature of the second zone by adjusting at least one of the third damper and the fourth damper based on the detected air temperature from the first temperature sensor and the detected air temperature from the second temperature sensor (col. 18 lines 26-53).
As to claim 11, Donahue teaches wherein the controller is configured to change the temperature of the second zone by adjusting at least two of the second damper, the third damper, and the fourth damper based on the detected air temperature from the first temperature sensor and the detected air temperature from the second temperature sensor (col. 1 lines 26-38 and col. 18 lines 26-53).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to include the teachings of Donahue into the system and method of Clanin in view of Kiser. The motivation to combine is that Donahue teaches [o]ne goal of using the link module 140 in connection with the HVAC system 124 is to keep the HVAC system 124 running at optimal efficiency. In particular, the link module 140 enables the HVAC system 124 to operate with the use of thermometers dispersed throughout rooms of the monitored property 102. (col. 17 lines 52-56).
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clanin (U.S. PG Pub. 2010/0057258) in view of Kiser (U.S. Pat 5,290,200) in view of Elliot ( U.S. PG Pub. 2014/0075977).
Clanin in view of Kiser teach most of the claimed invention, but fail to explicitly teach all the limitations of claims 12-13, however, this is an obvious variation and is taught by Elliot as follows:
As to claim 12, Elliot teaches third temperature sensor positioned to detect an air temperature of the air supplied from the exterior of the premises, the third temperature sensor in communication with the controller, wherein the controller is configured to receive the detected air temperature from the third temperature sensor, and wherein the controller is configured to change the air pressure within the premises by adjusting at least one of the first damper and the second damper based on the detected air pressure exterior to the premises, the detected air pressure within the premises, and the detected air temperature from the third temperature sensor[0014].
As to claim 13, Elliot teaches further comprising: a first humidity sensor positioned to detect an air humidity level of the air supplied from the exterior of the premises, the first humidity sensor in communication with the controller, wherein the controller is configured to receive the detected air humidity level from the first humidity sensor, and wherein the controller is configured to change the air pressure within the premises by adjusting at least one of the first damper and the second damper based on the detected air pressure exterior to the premises, the detected air pressure within the premises, the detected air temperature from the third temperature sensor, and the detected air humidity level from the first humidity sensor[0014].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to include the teachings of Elliot into the system and method of Clanin in view of Kiser. The motivation to combine is that Elliot teaches by using the temperature, humidity and other parameters a controller my finely control the air routes when supply and retrieving air [0012-0013].
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clanin (U.S. PG Pub. 2010/0057258) in view of Kiser (U.S. Pat 5,290,200) in view of Giorgi (U.S. PG Pub. 2019/0102812).
Clanin in view of Kiser teach most of the claimed invention, but fail to explicitly teach all the limitations of claim 14, however, this is an obvious variation and is taught by Giorgi as follows:
As to claim 14, Giorgi teaches wherein the controller is configured to receive the detected air pressure within the premises from the second pressure sensor, wherein the controller is configured to use the detected air pressure from the second pressure sensor to determine an activity category for a first zone of the premises, and wherein the controller is configured to cause a set point temperature for the first zone to be adjusted based on the determined activity category for the first zone[0057, 0069].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to include the teachings of Giorgi into the system and method of Clanin in view of Kiser. The motivation to combine is that Giorgi teaches using pressure changes can determine if a user is present and how to run equipment based on that assessment such as and HVAC for keeping a user comfortable [0057, 0069].
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clanin (U.S. PG Pub. 2010/0057258) in view of Kiser (U.S. Pat 5,290,200) in view of Buchanan ( U.S. PG Pub. 2019/0086116).
Clanin in view of Kiser teach most of the claimed invention, but fail to explicitly teach all the limitations of claim 22, however, this is an obvious variation and is taught by Buchanan as follows:
As to claim 22, Buchanan teaches wherein the programmable processing circuitry is configured to execute the computer-executable instructions to cause the programmable processing circuitry to adjust at least one of the first damper and the second damper based on a comparison of the detected air pressure within the premises and a learned efficiency-related pressure pattern for a different, remote premises (abstract).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to include the teachings of Buchanan into the system and method of Clanin in view of Kiser. The motivation to combine is that Buchanan teaches using known/expected pressure fluctuation dampers can be used to offset this (abstract). This seems to be the same aspect (learned/expected behavior) as disclosed in applicant’s specification [0186].
A reference to specific paragraphs, columns, pages, or figures in a cited prior artreference is not limited to preferred embodiments or any specific examples. It iswell settled that a prior art reference, in its entirety, must be considered for allthat it expressly teaches and fairly suggests to one having ordinary skill in theart. Stated differently, a prior art disclosure reading on a limitation of Applicant'sclaim cannot be ignored on the ground that other embodiments disclosed wereinstead cited. Therefore, the Examiner's citation to a specific portion of a singleprior art reference is not intended to exclusively dictate, but rather, todemonstrate an exemplary disclosure commensurate with the specificlimitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038,1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275,277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319,1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck& Co. v. BiocraftLabs., Inc., 874 F.2d804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d792,794 n.1,215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747,750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163USPQ 545, 549 (CCPA 1969).
Other Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Hagentoft (U.S. Pat. 7,758,408) teaches monitoring internal and external pressures of a building.
Pulice (U.S. PG Pub. 2020/0393144) controlling temperature to multiple zones and considering the a pressure component.
Norrell (U.S. PG Pub. 2014/0080408) teaches managing excess air condition in a HVAC system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN L LAUGHLIN whose telephone number is (571)270-1042. The examiner can normally be reached Monday-Friday 8AM-4PM.
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/NATHAN L LAUGHLIN/Primary Examiner, Art Unit 2119