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 .
DETAILED ACTION
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.
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 and 13-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because the claimed invention is directed to an abstract idea without significantly more.
The claims recite receiving data and determining an air quality value (see claims 1, 2, 3, 8, 9). The claims further recite evaluating the air quality values (see claims 4, 5, 6, 7, 15) and sending an alarm/notification (see claims 10, 13, 14). The receiving, determining, evaluating, and sending, as briefly described above and as recited in claims 1-10 and 13-15, are mathematical concepts (e.g., determining an air quality value as recited in claim 1) and mental processes (e.g., receiving data as recited in claim 1). Accordingly, claims 1-10 and 13-15 recite an abstract idea because the particular limitations, as briefly outlined above, fall into at least two of the groupings of abstract ideas (see MPEP 2106.04(a)).
This judicial exception is not integrated into a practical application because the claim limitations are directed to the generality of determining an air quality value (e.g., see claim 1). In other words, the claim limitations are generally determining an air quality value based on data and these generally applicable claim limitations are not particularly tied to a system. Furthermore, the claim limitations are not directed to an application for any particular system and the application is only nominally directed to an application for various systems (e.g., see paragraph 0033 of the specification as filed). In other words, the claim limitations are not providing meaningful limitations to the system. Finally, the system, as recited in independent claim 1, is merely the field of use of the air quality evaluation as the elements are not integrated into the claim limitations. In other words, the system is no more than a general link to the technology environment and do not provide any meaningful limitations to the claims.
The claims do not include additional elements, individually or in combination, that are sufficient to amount to significantly more than the judicial exception because the system, sensors, communication unit, and controller, as recited in claims 1-10 and 13-15, are generic elements. Furthermore, the claim limitations are implemented on these generic elements. In other words, the claim limitations are being implemented on these units and are not specifically liked to these elements.
Accordingly, these claims are rejected under 35 U.S.C. 101.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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 1-15 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by
U.S. Patent Application Publication No. 2015/0032264 (Emmons) (cited by Applicant).
Claim 1:
The cited prior art describes an air quality monitoring and management system, comprising: (Emmons: “The present disclosure relates generally to HVAC controllers and more particularly to HVAC controllers configured to determine ventilation needs of a building based, at least in part, on a measure of air quality.” Paragraph 0001)
a plurality of indoor air quality sensors, (Emmons: “In other cases, the one or more signals indicative of an indoor air quality and/or outdoor air quality may be transmitted by one or more network enabled sensors (e.g. sensors) which may be capable of transmitting and/or receiving signals indicative of indoor and/or outdoor environmental conditions over a network such as, for example, network 108 where they may be received by the controller 218 via the input/output port.” Paragraph 0062)
a communication unit configured to communicate with the indoor air quality sensors, and (Emmons: see the input/output port 220 as illustrated in figure 5)
a controller, wherein the controller is configured to (Emmons: see the controller 218 as illustrated in figure 5)
receive measured data from the indoor air quality sensors and (Emmons: “In other cases, the one or more signals indicative of an indoor air quality and/or outdoor air quality may be transmitted by one or more network enabled sensors (e.g. sensors) which may be capable of transmitting and/or receiving signals indicative of indoor and/or outdoor environmental conditions over a network such as, for example, network 108 where they may be received by the controller 218 via the input/output port.” Paragraph 0062)
determine an indoor air quality value inside a building. (Emmons: see equation 2 to determine indoor air quality as described in paragraph 0052)
Claim 2:
The cited prior art describes the air quality monitoring and management system according to claim 1, further comprising a plurality of outdoor air quality sensors. (Emmons: “In other cases, the one or more signals indicative of an indoor air quality and/or outdoor air quality may be transmitted by one or more network enabled sensors (e.g. sensors) which may be capable of transmitting and/or receiving signals indicative of indoor and/or outdoor environmental conditions over a network such as, for example, network 108 where they may be received by the controller 218 via the input/output port.” Paragraph 0062)
Claim 3:
The cited prior art describes the air quality monitoring and management system according to claim 2,
wherein the controller is configured to
receive measured data from the outdoor air quality sensors and (Emmons: “In yet another example, the controller 218 may receive data indicative of a current pollen count and may determine and/or predict the ventilations needs of the building 2 based, at least in part, on the current pollen count in addition to a user-specified air quality threshold. In still yet another example, the controller 218 may receive indicative of one or more air pollutant concentrations and may determine and/or predict the ventilation needs of the building 2 based, at least in part, on the air pollutant concentrations.” Paragraph 0064)
determine an outdoor air quality value outside the building. (Emmons: see equation 1 to determine outdoor air quality as described in paragraph 0051)
Claim 4:
The cited prior art describes the air quality monitoring and management system according to claim 1, wherein the indoor air quality is undesirable when the indoor air quality value is equal to or above a first predetermined value. (Emmons: see the air quality index with various thresholds 280a-280e for labeling the air quality – e.g., above the threshold 151 Unhealthy -- as illustrated in figure 8 and as described in paragraph 0074)
Claim 5:
The cited prior art describes the air quality monitoring and management system according to claim 1, wherein the indoor air quality is desirable when the indoor air quality value is below a first predetermined value. (Emmons: see the air quality index with various thresholds 280a-280e for labeling the air quality – e.g., below the threshold 50 Good -- as illustrated in figure 8 and as described in paragraph 0074)
Claim 6:
The cited prior art describes the air quality monitoring and management system according to claim 3, wherein the outdoor air quality is undesirable when the outdoor air quality value is equal to or above a second predetermined value. (Emmons: see the air quality index with various thresholds 280a-280e for labeling the air quality – e.g., above the threshold 151 Unhealthy -- as illustrated in figure 8 and as described in paragraph 0074)
Claim 7:
The cited prior art describes the air quality monitoring and management system according to claim 3, wherein the outdoor air quality is desirable when the outdoor air quality value is below a second predetermined value. (Emmons: see the air quality index with various thresholds 280a-280e for labeling the air quality – e.g., below the threshold 50 Good -- as illustrated in figure 8 and as described in paragraph 0074)
Claim 8:
The cited prior art describes the air quality monitoring and management system according to claim 1, wherein the indoor air quality sensors include at least one of a PM2.5 sensor, a PM10 sensor, a CO2 sensor, a NO2 sensor, a temperature sensor, a humidity sensor or a Volatile Organic Compound (VOC) sensor. (Emmons: see the indoor air temperature sensor, indoor humidity sensor, and the CO2 data as illustrated in equation 2 and as described in paragraphs 0032, 0052; “In other cases, the one or more signals indicative of an indoor air quality and/or outdoor air quality may be transmitted by one or more network enabled sensors (e.g. sensors) which may be capable of transmitting and/or receiving signals indicative of indoor and/or outdoor environmental conditions over a network such as, for example, network 108 where they may be received by the controller 218 via the input/output port.” Paragraph 0062; “An air pollutant concentration may include an ozone concentration, a particulate matter concentration, a carbon monoxide concentration, a nitrogen oxides (NO.sub.x) concentration, a sulfur dioxide concentration, and/or a lead concentration, but not limited to these.” Paragraph 0043)
Claim 9:
The cited prior art describes the air quality monitoring and management system according to claim 2, wherein the indoor air quality sensors include at least one of a PM2.5 sensor, a PM10 sensor, a CO2 sensor, a NO2 sensor or a VOC sensor. (Emmons: see the CO2 data as illustrated in equation 2 and as described in paragraphs 0032, 0052, 0056; “In other cases, the one or more signals indicative of an indoor air quality and/or outdoor air quality may be transmitted by one or more network enabled sensors (e.g. sensors) which may be capable of transmitting and/or receiving signals indicative of indoor and/or outdoor environmental conditions over a network such as, for example, network 108 where they may be received by the controller 218 via the input/output port.” Paragraph 0062; “An air pollutant concentration may include an ozone concentration, a particulate matter concentration, a carbon monoxide concentration, a nitrogen oxides (NO.sub.x) concentration, a sulfur dioxide concentration, and/or a lead concentration, but not limited to these.” Paragraph 0043)
Claim 10:
The cited prior art describes the air quality monitoring and management system according to claim 1, wherein the air quality monitoring and management system sends alarms, warning messages, or information to a mobile device when the indoor air quality value is equal to or above a first predetermined value. (Emmons: “Instead, the user interface 118 may be a virtual user interface that is accessible via the first network 104 and/or second network 108 using a mobile wireless device such as one of those devices 112 previously described herein. In some cases, the virtual user interface may include one or more web pages that are broadcasted over the first network 104 (e.g. LAN) by an internal web server implemented by the processor 114. When so provided, the virtual user interface may be accessed over the first network 104 using a remote wireless device 112 such as any one of those listed above. Through the one or more web pages, the processor 114 may be configured to display information relevant to the current operating status of the HVAC system 4 including the current operating mode, temperature set point, actual temperature within the building, outside temperature, outside humidity, and/or the like. Additionally, the processor 114 may be configured to display information relevant to the current indoor and/or outdoor air quality including an air quality index or alert, air pollutant concentrations, UV index, wind direction and wind speed, smog alerts, pollen forecast and/or pollen count, weather forecast data including any weather related alerts, and/or the like. In some instances, this information may be displayed to the user via a dashboard that displays multiple data and alerts in a single screen. In some cases, the dashboard maybe a user interactive dashboard that may permit a user to select a data item or alert for additional information. The processor 114 may also be configured to display or transmit one or more messages to the user regarding the ventilation needs and/or status of the building.” Paragraph 0038; see the air quality index with various thresholds 280a-280e for labeling the air quality – e.g., above the threshold 151 Unhealthy -- as illustrated in figure 8 and as described in paragraph 0074)
Claim 11:
The cited prior art describes the air quality monitoring and management system according to claim 3, wherein the controller controls a fresh intake air damper to open when the indoor air quality value minus the outdoor air quality value is larger than a predetermined value. (Emmons: “an intake damper 72 to regulate the flow of an incoming outside air stream 73 into the building 2” paragraph 0022; “The one or more HVAC controller(s) 18 may actuate dampers 24 to an open position, a closed position, and/or a partially open position to modulate the flow of air from the one or more HVAC components to an appropriate room and/or zone in the building or other structure.” Paragraph 0019; “For example, if the processor 114 determines that an air quality index value is lower than a user-specified threshold for an air quality index, then the processor 114 may determine that ventilating with fresh air from the outside is recommended or desired. Ventilation of the building may be accomplished by opening one or more windows 5 in the building 2 and/or by operating a ventilation system which draws in fresh air from outside the building 2 as shown and described in reference to FIG. 2. In some cases, ventilation of the building may be accomplished by automatically opening one or more power operated windows 5 in the building 2.” Paragraph 0048)
Claim 12:
The cited prior art describes the air quality monitoring and management system according to claim 3, wherein the controller controls a fresh intake air damper to close when the outdoor air quality value is larger than a reference value. (Emmons: “an intake damper 72 to regulate the flow of an incoming outside air stream 73 into the building 2” paragraph 0022; “The one or more HVAC controller(s) 18 may actuate dampers 24 to an open position, a closed position, and/or a partially open position to modulate the flow of air from the one or more HVAC components to an appropriate room and/or zone in the building or other structure.” Paragraph 0019; “For example, an allergy suffer may specify a lower threshold for a pollen count than someone who does not suffer from pollen allergies. Similarly, someone having poor respiratory health or an elderly person may specify a lower threshold for a smog alert level or air quality index level than an average adult having a good overall health profile. In yet another example, someone who cannot tolerate high humidity may specify a lower humidity threshold.” Paragraph 0044)
Claim 13:
The cited prior art describes the air quality monitoring and management system according to claim 1, wherein the air quality monitoring and management system sends notification to open a window of the building when the indoor air quality value is equal to or above a first predetermined value. (Emmons: “In still other cases, the controller 218 may transmit a message to the user via SMS text message or email recommending that the user manually open one or more windows 5 in the building 2 for ventilation.” Paragraph 0065; “For example, if the processor 114 determines that an air quality index value is lower than a user-specified threshold for an air quality index, then the processor 114 may determine that ventilating with fresh air from the outside is recommended or desired.” Paragraph 0048; “For example, if the outdoor temperature is lower than an indoor temperature, it would be generally expected that the processor 114 may determine that window ventilation is recommended.” Paragraph 0049)
Claim 14:
The cited prior art describes the air quality monitoring and management system according to claim 3, wherein the air quality monitoring and management system sends notification to close a window of the building when the outdoor air quality value is equal to or above a second predetermined value. (Emmons: “Similarly, when the controller 218 determines that ventilation is no longer necessary or recommended, the processor may display or transmit a message to the user recommending that the user close any open windows 5 or cease operation of any ventilation equipment.” Paragraph 0065; “However, if a pollen count is higher than a user-specified threshold parameter value for the pollen count then, based on the higher priority assigned to the user specified threshold parameter which, in this case, is a pollen count, the processor 114 may determine that window or other ventilation is not recommended. This is just one example. In some cases, the processor 114 may be configured to solicit and accept user-determined priority for a number of different parameters including, but not limited to, one or more measures related to an indoor air quality and/or an outdoor air quality, one or more user specified air quality thresholds, and/or a variety of weather and/or air quality related data.” Paragraph 0049)
Claim 15:
The cited prior art describes the air quality monitoring and management system according to claim 1, wherein the controller is configured to determine whether an air contamination is from an indoor air source or an outdoor air source. (Emmons: see the indoor air quality equation as illustrated in paragraph 0052 and the outdoor air quality equation as illustrated in paragraph 0051; “In some cases, the processor 114 may be programmed to ventilate the building or recommend ventilation of the building when the processor 114 determines that the outdoor air quality is greater than the indoor air quality.” Paragraph 0052)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Application Publication No. 2008/0182506 describes controlling multiple indoor air quality parameters.
U.S. Patent Application Publication No. 2017/0356670 describes a ventilation system for improving indoor air quality.
U.S. Patent Application Publication No. 2020/0393152 describes a building ventilation control system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E EVERETT whose telephone number is (571)272-2851. The examiner can normally be reached Monday-Friday 8:00 am to 5:00 pm (Pacific).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Fennema can be reached at 571-272-2748. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Christopher E. Everett/Primary Examiner, Art Unit 2117