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 .
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 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.
Examiner’s Note
This Office Action is in response to application filed on 11/29/2023, where claims 1-20 are currently pending.
Allowable Subject Matter
Claims 7 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: regarding claims 7 and 14, the primary reason that they are allowable over the US Patent Application Pub. No. 20230114521 (Atchison), the US Patent Application Pub. No. 20180238574 (Ky), the US Patent Application Pub. No. 20120221150 (Arensmeier), and the US Patent Application Pub. No. 20210349066 (Chilla), is because although the cited prior art teach substantially similar invention of collecting data indicative of condition relating to operation of a HVAC within a zone, determining a configuration change based on the data, and causing a component of the HVAC to perform the configuration change; however, neither alone nor in combination the prior art teach the first portable device, with the sensor that detects condition relating to the operation of HVAC in the first zone, that autonomously traverses from a first position in the environment to a second position in the environment based on indication of a sensor coverage of a second portable device or signal strength between the first portable device and the second portable device. As such, the cited prior art do not teach each and every limitation as currently presented in claims 7 and 14.
Claim Objections
Claim 13 is objected to because of the following informalities: The limitation, “Receiving, by the first portable device…”, started with a capital letter, i.e., “R”. It appears to be a typographical error, and suggested to change it to a lower case “r”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 15-20 are rejected to because of the following: independent claim 15 recites “obtain second data indicative of a second condition relating to operation of the HVAC unit…” The element “second data” is not recited with an article “the”; therefore, it indicates that the element is the first recitation of such element. However, an element of the same name is also recited in a prior limitation. Therefore, it is unclear whether they are the same element or are different and distinct elements. As such, renders the claim indefinite. If they are the same element, it is suggested to amend the limitation above to recite “obtain the second data indicative of a second condition relating to operation of the HVAC unit…” If they are intended to be two different and distinct elements, then it is suggested to amend each of the two elements to include an unique identifier, e.g., first and second, for each respective element to clearly distinguish between them.
Claims 16-20 are rejected to as having the same deficiencies as the claim they depend from.
Claims 18 and 19 are rejected to because of the following: claim 18 recites “receive second data from a second portable device positioned in a second zone of the environment.” The element “second data” is not recited with an article “the”; therefore, it indicates that the element is the first recitation of such element. However, an element of the same name is also recited in independent claim 15. Therefore, it is unclear whether they are the same element or are different and distinct elements. As such, renders the claim indefinite. If they are the same element, it is suggested to amend the limitation above to recite “receive the second data from a second portable device positioned in a second zone of the environment.” If they are intended to be two different and distinct elements, then it is suggested to amend each of the two elements to include an unique identifier, e.g., first and second, for each respective element to clearly distinguish between them.
Claim 19 is rejected to as having the same deficiencies as the claim it depends from.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4, 5, 8, 11, and 12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Atchison, (US 20230114521 A1) (hereinafter Atchison).
Referring to claim 1, Atchison teaches a system comprising:
a heating, ventilation, and air conditioning (HVAC) unit (¶ [0022], fig. 1, HVAC unit 12);
a first portable device comprising a sensor, wherein the first portable device is configured to be positioned in a first zone of an environment independent of the HVAC unit (¶ [0045], fig. 5, “the sensor 158 may be positioned at any suitable location, such as within ductwork, within a conduit, in the space, within a housing of the HVAC system 150, and the like, to monitor the operating parameter.” ¶ [0065], “a user may monitor an actual value of the operating parameter with a separate sensor (e.g., a sensor that is not used to operate the HVAC system 150 in the normal mode, a calibration sensor)”. Examiner recognizes that the first portable device as the separate sensor that the user used to monitor the value of the operating parameter.) during an initial configuration of the HVAC unit (¶ [0058], fig. 6, “At block 204, a determination is made that the first electrical switch 166 is actuated (e.g., initially actuated) and that the set of second electrical switches 168 is in a calibration configuration (e.g., an initial configuration).” ¶ [0062], fig. 6, “The operation of the HVAC system 150 in the calibration mode may then be terminated after creation of the calibration profile. The calibration profile may include an updated adjustment or modification to be made to measured values determined by the sensor 158 during the normal mode in order to adjust the measured values toward actual values.”);
one or more processors (¶ [0044], one or more generally purpose processors); and
memory storing computer-executable instructions (¶ [0044], fig. 5, “The memory 154 may include a non-transitory, computer-readable medium that may include volatile memory, such as random-access memory (RAM), and/or non-volatile memory, such as read-only memory (ROM), flash memory, optical drives, hard disc drives, solid-state drives, or any other non-transitory computer-readable medium storing instructions that, when executed by the processing circuitry 156, may control operation of the HVAC system 150.”) that, when executed by the one or more processors, cause the one or more processors to:
receive first data from the first portable device, the first data indicative of a condition relating to operation of the HVAC unit within the first zone (¶ [0045], “the sensor 158 may be positioned at any suitable location, such as within ductwork, within a conduit, in the space, within a housing of the HVAC system 150, and the like, to monitor the operating parameter. The controller 152 may operate a component of the HVAC system 150 based on the value of the operating parameter indicated by the sensor data.”);
determine, based on the first data, a first configuration change for the HVAC unit; and
cause a component of the HVAC unit to perform the first configuration change (¶ [0045], “the controller 152 may operate a blower 160 to direct (e.g., draw, force) the air flow at a target flow rate based on the sensor data. Additionally or alternatively, the controller 152 may adjust operation of the compressor 74, such as a speed or stage of the compressor 74, and/or valves 162 (e.g., the expansion device 78), such as an opening of the valves 162, based on the sensor data.”)
Referring to claim 4, Atchison further teaches the system of claim 1, wherein the first portable device is configured to traverse from a first position in the environment to a second position in the environment (¶ [0047], “the additional sensor…may be temporarily positioned and utilized during the calibration mode.”)
Referring to claim 5, Atchison further teaches the system of claim 4, wherein the first zone is within ductwork of the system, and wherein the second position is external to the HVAC unit (¶ [0045], “the sensor…may be positioned at any suitable location, such as within ductwork, within a conduit, in the space, within a housing of the HVAC system 150, and the like, to monitor the operating parameter.” Examiner notes, the additional sensor, which can be temporarily placed, can also be placed at the plurality of locations where the sensor 158 can be positioned as disclosed above.)
Regarding claims 8, 11, and 12, these claims recite the method performed by the system of claims 1, 4, and 5 respectively; therefore, the same rationale of rejection is applicable.
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 of this title, 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 2, 6, 9, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Atchison as applied to claims 1 and 8 above, and in view of Ky et al., (US 20180238574 A1) (hereinafter Ky).
Referring to claim 2, Atchison teaches the system of claim 1. However, Atchison does not explicitly teach the component is a damper provided within ductwork of the system, and wherein the first configuration change comprises adjusting a position of the damper.
Ky teaches the component is a damper provided within ductwork of the system, and wherein the first configuration change comprises adjusting a position of the damper (¶ [0041], “sensors 104 may be used to regulate operation of one or more components of the HVAC system 100, such as dampers”).
Atchison and Ky are analogous art to the claimed invention because they are concerning with communication interface with a HVAC system (i.e., same field of endeavor).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention having Atchison and Ky before them to substitute the damper as taught by Ky for the generic component of Atchison. Because both Atchison and Ky teach methods of changing configuration of a HVAC system, it would have been obvious to one skilled in the art to substitute one known method for the other to achieve the predictable result of HVAC technology. The motivation would have been to control air flow through and/or from ductwork as suggested by Ky (¶ [0041]).
Referring to claim 6, Atchison teaches the system of claim 1 and portable device(s). However, Atchison does not explicitly teach a second…device configured to be positioned in a second zone of the environment, wherein the second…device is further configured to communicate with the first…device.
Ky teaches a second…device configured to be positioned in a second zone of the environment, wherein the second…device is further configured to communicate with the first…device (¶ [0044], fig. 6, “The wireless interface 136 may be any device configured for wireless communications with wireless communications network 138”. ¶ [0046], fig. 6, “These sensors 104 may be any type of sensor used in HVAC systems, such as dynamic pressure sensors, temperature sensors, flow rate sensors, carbon dioxide sensors, humidity level sensors, air quality sensors, motion sensors, among others. These sensors may couple to wireless transmitters 140 that transmit data indicative of the measured property. The wireless transmitters 140 transmit this information to the wireless communications network 138.” ¶ [0050], “In this regard, wireless interface 136 may include…cellular or mobile phone transceiver”.)
Atchison and Ky are analogous art to the claimed invention because they are concerning with communication interface with a HVAC system (i.e., same field of endeavor).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention having Atchison and Ky before them to modify the system of operating HVAC system in calibration mode of Atchison to incorporate the function of devices in different locations communicating with each other as taught by Ky. One of ordinary skill in the art would have combined the elements as claimed by known methods as disclosed by Ky (¶ [0042]-[0065], figs. 5-7), because the function of devices in different locations communicating with each other does not depend on the system of operating HVAC system in calibration mode. That is the function of devices in different locations communicating with each other performs the same function independent on which interface it is incorporated onto, and therefore, the result of the combination would have been predictable to one of ordinary skill in the art. The motivation to combine would have been to improve communication of devices regardless of the location of the devices as suggested by Ky (¶ [0050]).
Regarding claim 9, the instant claim recites the method performed by the system of claim 2; therefore, the same rationale of rejection is applicable.
Referring to claim 13, Atchison teaches the method of claim 8. However, Atchison does not explicitly teach Receiving, by the first portable device, second data from a second portable device positioned in a second zone of the environment.
Ky teaches Receiving, by the first portable device, second data from a second portable device positioned in a second zone of the environment (¶ [0044], fig. 6, “The wireless interface 136 may be any device configured for wireless communications with wireless communications network 138”. ¶ [0046], fig. 6, “These sensors 104 may be any type of sensor used in HVAC systems, such as dynamic pressure sensors, temperature sensors, flow rate sensors, carbon dioxide sensors, humidity level sensors, air quality sensors, motion sensors, among others. These sensors may couple to wireless transmitters 140 that transmit data indicative of the measured property. The wireless transmitters 140 transmit this information to the wireless communications network 138.”)
Atchison and Ky are analogous art to the claimed invention because they are concerning with communication interface with a HVAC system (i.e., same field of endeavor).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention having Atchison and Ky before them to modify the system of operating HVAC system in calibration mode of Atchison to incorporate the function of devices in different locations communicating with each other as taught by Ky. One of ordinary skill in the art would have combined the elements as claimed by known methods as disclosed by Ky (¶ [0042]-[0065], figs. 5-7), because the function of devices in different locations communicating with each other does not depend on the system of operating HVAC system in calibration mode. That is the function of devices in different locations communicating with each other performs the same function independent on which interface it is incorporated onto, and therefore, the result of the combination would have been predictable to one of ordinary skill in the art. The motivation to combine would have been to improve communication of devices regardless of the location of the devices as suggested by Ky (¶ [0050]).
Claims 3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Atchison as applied to claims 1 and 8 above, and in view of Arensmeier, (US 20120221150 A1) (hereinafter Arensmeier).
Referring to claim 3, Atchison teaches the system of claim 1. However, Atchison does not explicitly teach receive an indication of a zone associated with the first portable device; and
store the indication of the zone.
Arensmeier teaches receive an indication of a zone associated with the first portable device; and
store the indication of the zone (¶ [0130], “During installation, the location of the temperature sensors may be recorded.”)
Atchison and Arensmeier are analogous art to the claimed invention because they are concerning with interface for receiving sensor values (i.e., same field of endeavor).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention having Atchison and Arensmeier before them to modify the system of operating HVAC system in calibration mode of Atchison to incorporate the function of recording sensor location as taught by Arensmeier. One of ordinary skill in the art would have combined the elements as claimed by known methods as disclosed by Arensmeier (¶ [0127]-[0131]), because the function of recording sensor location does not depend on the system of operating HVAC system in calibration mode. That is the function of recording sensor location performs the same function independent on which interface it is incorporated onto, and therefore, the result of the combination would have been predictable to one of ordinary skill in the art. The motivation to combine would have been to improve accuracy in processing temperature data as suggested by Arensmeier (¶ [0131]).
Regarding claim 10, the instant claim recites the method performed by the system of claim 3; therefore, the same rationale of rejection is applicable.
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Atchison, (US 20230114521 A1) (hereinafter Atchison) in view of Arensmeier, (US 20120221150 A1) (hereinafter Arensmeier).
Referring to claim 15, Atchison teaches a portable device comprising:
one or more sensors, wherein the portable device is configured to be positioned within a first zone of an environment during initial configuration of an HVAC unit and independent of the HVAC unit (¶ [0045], fig. 5, “the sensor 158 may be positioned at any suitable location, such as within ductwork, within a conduit, in the space, within a housing of the HVAC system 150, and the like, to monitor the operating parameter.” ¶ [0065], “a user may monitor an actual value of the operating parameter with a separate sensor (e.g., a sensor that is not used to operate the HVAC system 150 in the normal mode, a calibration sensor)”. Examiner recognizes that the first portable device as the separate sensor that the user used to monitor the value of the operating parameter. ¶ [0058], fig. 6, “At block 204, a determination is made that the first electrical switch 166 is actuated (e.g., initially actuated) and that the set of second electrical switches 168 is in a calibration configuration (e.g., an initial configuration).” ¶ [0062], fig. 6, “The operation of the HVAC system 150 in the calibration mode may then be terminated after creation of the calibration profile. The calibration profile may include an updated adjustment or modification to be made to measured values determined by the sensor 158 during the normal mode in order to adjust the measured values toward actual values.”);
a processor (¶ [0044], one or more generally purpose processors); and
a memory storing computer-executable instructions (¶ [0044], fig. 5, “The memory 154 may include a non-transitory, computer-readable medium that may include volatile memory, such as random-access memory (RAM), and/or non-volatile memory, such as read-only memory (ROM), flash memory, optical drives, hard disc drives, solid-state drives, or any other non-transitory computer-readable medium storing instructions that, when executed by the processing circuitry 156, may control operation of the HVAC system 150.”) that, when executed by the processor, cause the processor to:
obtain first data indicative of a first condition relating to operation of the HVAC unit within the first zone (¶ [0045], “the sensor 158 may be positioned at any suitable location, such as within ductwork, within a conduit, in the space, within a housing of the HVAC system 150, and the like, to monitor the operating parameter. The controller 152 may operate a component of the HVAC system 150 based on the value of the operating parameter indicated by the sensor data.”);
…traverse the environment from a first position in the first zone to a second position in the first zone or to a second zone in the environment (¶ [0047], “the additional sensor…may be temporarily positioned and utilized during the calibration mode.”); and
obtain second data indicative of a second condition relating to operation of the HVAC unit within the first position in the first zone or the second zone (¶ [0047], “a user, such as a technician, an operator, a customer (e.g., a resident), or other user, may utilize an additional sensor (e.g., a calibration sensor) to monitor the operating parameter and detect the actual value during the calibration mode.”)
Atchison teaches the limitations above. However, Atchison does not explicitly teach send the first data and second data indicating that the…device is in the first zone to a remote server.
Arensmeier teaches send the first data and second data indicating that the…device is in the first zone to a remote server (¶ [0130], “During installation, the location of the temperature sensors may be recorded.” ¶ [0131], “Additionally or alternatively, a database may be available that specifies where temperature sensors are placed. This database may be referenced by installers and may allow for accurate cloud processing of the temperature data.”)
Atchison and Arensmeier are analogous art to the claimed invention because they are concerning with interface for receiving sensor values (i.e., same field of endeavor).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention having Atchison and Arensmeier before them to modify the system of operating HVAC system in calibration mode of Atchison to incorporate the function of recording sensor location as taught by Arensmeier. One of ordinary skill in the art would have combined the elements as claimed by known methods as disclosed by Arensmeier (¶ [0127]-[0131]), because the function of recording sensor location does not depend on the system of operating HVAC system in calibration mode. That is the function of recording sensor location performs the same function independent on which interface it is incorporated onto, and therefore, the result of the combination would have been predictable to one of ordinary skill in the art. The motivation to combine would have been to improve accuracy in processing temperature data as suggested by Arensmeier (¶ [0131]).
Referring to claim 16, Atchison further teaches the portable device of claim 15, wherein the portable device is configured to traverse from a first position in the environment to a second position in the environment (¶ [0047], “the additional sensor…may be temporarily positioned and utilized during the calibration mode.”)
Referring to claim 17, Atchison further teaches the portable device of claim 15, wherein the first zone is within ductwork coupled to the HVAC unit, and wherein the second position is external to the HVAC unit (¶ [0045], “the sensor…may be positioned at any suitable location, such as within ductwork, within a conduit, in the space, within a housing of the HVAC system 150, and the like, to monitor the operating parameter.” Examiner notes, the additional sensor, which can be temporarily placed, can also be placed at the plurality of locations where the sensor 158 can be positioned as disclosed above.)
Claims 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Atchison in view of Arensmeier as applied to claim 15 above, and further in view of Ky et al., (US 20180238574 A1) (hereinafter Ky).
Referring to claim 18, Atchison in view of Arensmeier teach the portable device of claim 15. However, Atchison in view of Arensmeier do not explicitly teach receive second data from a second portable device positioned in a second zone of the environment.
Ky teaches receive second data from a second portable device positioned in a second zone of the environment (¶ [0044], fig. 6, “The wireless interface 136 may be any device configured for wireless communications with wireless communications network 138”. ¶ [0046], fig. 6, “These sensors 104 may be any type of sensor used in HVAC systems, such as dynamic pressure sensors, temperature sensors, flow rate sensors, carbon dioxide sensors, humidity level sensors, air quality sensors, motion sensors, among others. These sensors may couple to wireless transmitters 140 that transmit data indicative of the measured property. The wireless transmitters 140 transmit this information to the wireless communications network 138.”)
Atchison, Arensmeier, and Ky are analogous art to the claimed invention because they are concerning with communication interface with a HVAC system (i.e., same field of endeavor).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention having Atchison in view of Arensmeier and Ky before them to modify the system of operating HVAC system in calibration mode of Atchison in view of Arensmeier to incorporate the function of devices in different locations communicating with each other as taught by Ky. One of ordinary skill in the art would have combined the elements as claimed by known methods as disclosed by Ky (¶ [0042]-[0065], figs. 5-7), because the function of devices in different locations communicating with each other does not depend on the system of operating HVAC system in calibration mode. That is the function of devices in different locations communicating with each other performs the same function independent on which interface it is incorporated onto, and therefore, the result of the combination would have been predictable to one of ordinary skill in the art. The motivation to combine would have been to improve communication of devices regardless of the location of the devices as suggested by Ky (¶ [0050]).
Referring to claim 19, Atchison further teaches the portable device of claim 18, wherein traversing the environment from the first position to the second position is based on an indication of a sensor coverage of the second portable device or a signal strength between the portable device and the second portable device (¶ [0047], “the additional sensor, such as a testing, adjusting, and/or balancing (TAB) sensor, may be separate from the sensor 158 and may be temporarily positioned and utilized during the calibration mode. The additional sensor may be configured to accurately and/or precisely determine the actual value of the operating parameter (e.g., with greater accuracy, precision, and/or certainty than the sensor 158).” Examiner notes the additional sensor is used and temporarily positioned as it is indicated to have greater accuracy, precision, and certainty, e.g., greater sensor coverage.)
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Atchison in view of Arensmeier as applied to claim 15 above, and further in view of Chilla et al., (US 20210349066 A1) (hereinafter Chilla).
Referring to claim 20, Atchison in view of Arensmeier teach the portable device of claim 15. Atchison further teaches a sensor that can be repositioned. However, Atchison in view of Arensmeier do not explicitly teach wherein traversing the environment is performed autonomously or based on an instruction from the remote server.
Chilla teaches wherein traversing the environment is performed autonomously or based on an instruction from the remote server (¶ [0090], “receive instructions from a central source, such as a remote server, to reposition or redirect sensors in a particular direction”).
Atchison, Arensmeier, and Chilla are analogous art to the claimed invention because they are concerning with interface with a sensor (i.e., same field of endeavor).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention having Atchison in view of Arensmeier and Chilla before them to modify the system of operating HVAC system in calibration mode of Atchison in view of Arensmeier to incorporate the function of receiving instruction to reposition sensor(s) as taught by Chilla. One of ordinary skill in the art would have combined the elements as claimed by known methods as disclosed by Chilla (¶ [0090]), because the function of receiving instruction to reposition sensor(s) does not depend on the system of operating HVAC system in calibration mode. That is the function of receiving instruction to reposition sensor(s) performs the same function independent on which interface it is incorporated onto, and therefore, the result of the combination would have been predictable to one of ordinary skill in the art. The motivation to combine would have been to improve data gathering as suggested by Chilla (¶ [0090]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
US 20210396416 (Gonia) – discloses HVAC controller with zone commissioning mode.
US 20230288088 (Klein) – discloses methods, systems, and apparatus for monitoring and operation of a wireless HVAC system.
US 20190310831 (Gillette) – discloses systems and methods for performing HVAC zone airflow adjustments.
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/MONG-SHUNE CHUNG/
Primary Examiner, Art Unit 2118