DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 10-29 are pending.
Claims 1-9 are cancelled.
Response to Amendment
Applicant’s amendments to the claims 1, 3, 8, 10, 12-14, 16 and 18 have overcome each and every objections previously set forth. The objections of the claims 1, 3, 8, 10, 12-14, 16 and 18 have been withdrawn.
Applicant’s amendments to the claims 6, 10-16 and 18 have overcome each and every 112(b) rejections previously set forth. The 112(b) rejections of the claims 6, 10-16 and 18 have been withdrawn.
Applicant’s amendments to the claims 1-9 have overcome each and every 101 rejections previously set forth. The 101 rejections of the claims 1-9 have been withdrawn.
Response to Arguments
Applicant’s arguments, with regards to 102 rejections of claims 17 and 19, are directed to that “Claim 17 has been amended to recite language similar to claim 10 which is not rejected over the prior art.” (see Amendment, Page 20, first paragraph).
First, Examiner respectfully submits that claim 17 recites a feature similar to a feature of claim 10, however, not the structural aspects of the claim 10. Claim 10 recites an allowable subject matter based on the totality of the claim.
Second, Examiner respectfully submits that the amended limitation of “… or wherein the managerless twinning control adds the second unit to contributing to the heating, ventilating or air conditioning operation in response to a loss of unit functionality of the first unit” (emphasis added) is not given a patentable weight because of the “or” condition. The claim recites “(A) wherein the managerless twinning control adds a first unit or a second unit to or removes the first unit or the second unit from contributing to a heating, ventilating or air conditioning operation in response to either changes in building load or (B) wherein the managerless twinning control adds the second unit to contributing to the heating, ventilating or air conditioning operation in response to a loss of unit functionality of the first unit”. (emphasis added) Only one of the limitations (A) and (B) is given a patentable weight. The amended portion of the amended claim 17, therefore, does not limit the limitation any further than the claim prior to the amendment.
For the foregoing reasons, Applicant’s arguments are not deemed persuasive. Accordingly, the 102 rejections of claims 17 and 19 are maintained.
Claim Objections
The following claims are objected to for informalities, lack of antecedent support, or for redundancies. The Examiner recommends the following changes:
Claim 11, line 4, add “the” in front of “heating, ventilating …”
Claim 12, line 2, delete “among each controller”
Claim 13, line 3, replace “a heating, ventilating” with “the heating, ventilating”
Claim 14, line 3, replace “a heating, ventilating” with “the heating, ventilating”
Claim 14, line 3, add “to a” in front of “run time”
Claim 19, line 5, add “to a” in front of “run time”
Claim 21, line 7, delete “either”
Claim 22, line 4, add “a” in front of “loss of unit”
Claim 23, line 2, delete “among each controller”
Claim 24, line 3, replace “a heating, ventilating” with “the heating, ventilating”
Claim 25, line 3, replace “a heating, ventilating” with “the heating, ventilating”
Claim 25, line 3, add “to a” in front of “run time”
Claim 28, line 1 replace “method” with “apparatus”
Claim 29, line 1 replace “method of Claim 1” with “apparatus of Claim 21”
Appropriate correction is respectfully requested.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) 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 11 and 24 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.
Regarding independent claim 11, this claim recites, in part, “wherein the first circuit and the second circuit are configured to automatically add the first unit or the second unit to or remove the first unit or the second unit from heating, ventilating or air conditioning operation in response to loss of unit functionality.” It is unclear to what Applicant means by the phrase “loss of unit functionality” that the claim is referring to. Is the phrase referring to “the loss of the unit functionality of the first unit” as recited in independent claim 10 that the claim depends on or is the phrase referring to “a loss of functionality of the second unit”, or is the phrase referring to loss of functionality of the first unit and/or the second unit? For purposes of examination, the Office will construe the phrase as loss of functionality of the first unit and/or the second unit. Appropriate clarification through claim amendment is respectfully requested.
Regarding claim 24, this claim recites “wherein the first circuit and the second circuit are configured to select the first unit or the second unit to add to or remove from contributing to a heating, ventilating or air conditioning operation in response to changes in the building load and the loss of unit functionality”. There is insufficient antecedent basis for “the loss of unit functionality” in the claim. Further, it is unclear to what Applicant means by the phrase the “loss of unit functionality” that the claim is referring to. Is the phrase referring to the “a loss of the unit functionality of the first unit” or is the phrase referring to “a loss of functionality of the second unit”, or is the phrase referring to loss of functionality of the first unit and/or the second unit? For purposes of examination, the Office will construe the phrase as loss of functionality of the first unit and/or the second unit. Appropriate clarification through claim amendment is respectfully requested.
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.
Claims 17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ostrye et al. (US 2019/0163213 A1) (“Ostrye”).
Regarding independent claim 17, Ostrye teaches:
One or more non-transitory computer-readable media storing program instructions that, when executed by one or more processors, cause the one or more processors to perform operations, the operations comprising: (Ostrye: [0126] “The present disclosure contemplates methods, systems and program products on any machine-readable media for accomplishing various operations. The embodiments of the present disclosure may be implemented using existing computer processors, or by a special purpose computer processor for an appropriate system, incorporated for this or another purpose, or by a hardwired system. Embodiments within the scope of the present disclosure include program products comprising machine-readable media for carrying or having machine-executable instructions or data structures stored thereon. Such machine-readable media can be any available media that can be accessed by a general purpose or special purpose computer or other machine with a processor. By way of example, such machine-readable media can comprise RAM, ROM, EPROM, EEPROM, CD-ROM or other optical disk storage, magnetic disk storage or other magnetic storage devices, or any other medium which can be used to carry or store desired program code in the form of machine-executable instructions or data structures and which can be accessed by a general purpose or special purpose computer or other machine with a processor. When information is transferred or provided over a network or another communications connection (either hardwired, wireless, or a combination of hardwired or wireless) to a machine, the machine properly views the connection as a machine-readable medium. Thus, any such connection is properly termed a machine-readable medium. Combinations of the above are also included within the scope of machine-readable media. Machine-executable instructions include, for example, instructions and data which cause a general purpose computer, special purpose computer, or special purpose processing machines to perform a certain function or group of functions.”)
performing a managerless twinning control, wherein the managerless twinning control adds a first unit or a second unit to or removes the first unit or the second unit from contributing to a heating, ventilating or air conditioning operation in response to changes in building load or wherein the managerless twinning control adds the second unit to contributing to the heating, ventilating or air conditioning operation in response to a loss of unit functionality of the first unit. (Ostrye: [0034] “In some embodiments, the controller is configured to perform a discrete device selection process to optimize the selection of discrete devices to be energized in a building control system. The process includes generating a list of discrete device combinations that can be energized to achieve a target capacity of heating or cooling. If more than one combination exists, the process can continue with filtering the list of combinations according to one or more requirements. If more than one combination still exists, the process can continue with selecting a combination of devices based on at least one of a runtime or start count associated with one or more devices. A selected combination can be used to generate control signals to be sent to one or more devices.”) (Ostrye: [0104] “Referring now to FIG. 6, a device controller 600 that can send control signals to one or more devices is shown, according to an exemplary embodiment. Device controller 600 can be a controller or part of a controller in a building control system, building management system, HVAC system (e.g., a rooftop unit controller, a chiller controller, etc.) or central plant control system (e.g., system 200). In some embodiments, device controller 600 is configured to perform some or all of the functions of low level optimization module 532, as described with reference to FIG. 5. For example, device controller 600 can be configured to receive a load setpoint from high level optimization module 530 and determine an optimal combination of devices to turn on/off to satisfy the load setpoint.”) [The various combinations to select from reads on “… adds a first unit or a second unit to or removes the first unit or the second unit from contributing …”. The device controller 600 that performs all of the functions of low level optimization including determining the optimal combination of devices to turn on/off reads on “performing a managerless twinning control”. The “managerless twinning” is not given a patentable weight, as there are no features in the claim that recite structure of what Applicant means by “managerless” and “twinning”.]
Regarding claim 19, Ostrye teaches all the claimed features of claim 17. Ostrye further teaches:
wherein the operations are for twinned heating, ventilating, or air conditioning equipment comprising the first unit and the second unit sharing at least one duct, (Ostrye: [0049] “In FIG. 3, airside system 300 is shown to include an economizer-type air handling unit (AHU) 302. Economizer-type AHUs vary the amount of outside air and return air used by the air handling unit for heating or cooling. For example, AHU 302 can receive return air 304 from building zone 306 via return air duct 308 and can deliver supply air 310 to building zone 306 via supply air duct 312. In some embodiments, AHU 302 is a rooftop unit located on the roof of building 10 (e.g., AHU 106 as shown in FIG. 1) or otherwise positioned to receive both return air 304 and outside air 314. AHU 302 can be configured to operate exhaust air damper 316, mixing damper 318, and outside air damper 320 to control an amount of outside air 314 and return air 304 that combine to form supply air 310. Any return air 304 that does not pass through mixing damper 318 can be exhausted from AHU 302 through exhaust damper 316 as exhaust air 322.”)
wherein the managerless twinning control selects the first unit or the second unit to add to or remove from contributing to a heating, ventilating or air conditioning operation in response run time. (Ostrye: [0123] “Process 800 is shown to include selecting the entry with the lowest total transition count or runtime (step 812). In some embodiments, step 812 is performed combination selector 625 of device controller 600. As an example, rooftop unit 700 can be configured to prioritize transition counts or runtimes when selecting discrete devices. In the case where transition counts are prioritized, combination selector 625 can select the first combination consisting of compressors 710 and 714. In the case where runtimes are prioritized, combination selector 625 would select the second combination consisting of compressors 712, 714, and 718.”)
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.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Ostrye, in view of Stachler (US 2015/0142181 A1) (“Stachler”).
Regarding claim 20, Ostrye teaches all the claimed features of claim 17. Ostrye further teaches:
wherein the operations are for twinned heating, ventilating, or air conditioning equipment comprising the first unit and the second unit sharing at least one duct. (Ostrye: [0049] “In FIG. 3, airside system 300 is shown to include an economizer-type air handling unit (AHU) 302. Economizer-type AHUs vary the amount of outside air and return air used by the air handling unit for heating or cooling. For example, AHU 302 can receive return air 304 from building zone 306 via return air duct 308 and can deliver supply air 310 to building zone 306 via supply air duct 312. In some embodiments, AHU 302 is a rooftop unit located on the roof of building 10 (e.g., AHU 106 as shown in FIG. 1) or otherwise positioned to receive both return air 304 and outside air 314. AHU 302 can be configured to operate exhaust air damper 316, mixing damper 318, and outside air damper 320 to control an amount of outside air 314 and return air 304 that combine to form supply air 310. Any return air 304 that does not pass through mixing damper 318 can be exhausted from AHU 302 through exhaust damper 316 as exhaust air 322.”)
Ostrye does not expressly teach: wherein the managerless twinning control adds or removes the first unit or the second unit to or from contributing to a heating, ventilating or air conditioning operation after a predetermined delay.
Stachler teaches:
wherein the managerless twinning control adds or removes the first unit or the second unit to or from contributing to a heating, ventilating or air conditioning operation after a predetermined delay. (Stachler: [0007] “In yet another aspect of the disclosure, a HVAC system is provided. In one embodiment, the HVAC system includes a first and second HVAC unit, each HVAC unit including: (1) a refrigeration circuit having at least one compressor; (2) a corresponding evaporator coil and a corresponding condenser coil; (2) an indoor air blower configured to move air across the evaporator coil; (3) an outdoor fan configured to move air across the condenser coil; and (4) a controller coupled to the refrigeration circuit, the indoor air blower, and the outdoor fan. Each controller has an interface and a processor. In one embodiment, the processor is configured to: (1) automatically generate an offset delay value for the HVAC unit upon receipt of the delay originating signal; (2) apply the offset delay value based on an offset enabled configurable parameter; and (3) delay starting identified components of the HVAC unit based on the offset delay value. Further, in this embodiment, an offset delay value for the first HVAC unit differs from an offset delay value for the second HVAC unit.”) (Stachler: [0031] “The offset delay generator 334 is configured to generate the offset delay value without needing to set a unique value at each HVAC controller for the respective HVAC units. In one embodiment, the offset delay generator 334 may establish the offset delay value as zero and broadcast the zero offset delay value to another HVAC controller of another HVAC unit at a same installation of HVAC unit. In this embodiment, the HVAC unit associated with the HVAC controller 300 becomes the master unit during initialization and each subsequent HVAC unit and associated controller that becomes master sends a broadcast message containing its offset delay value which equals the previously broadcasted offset delay value and some predetermined amount of time.”)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Ostrye and Stachler before them, to modify operating the selected HVAC devices, to incorporate a predetermined offset time delays.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it would allow for reducing the possible occurrence of power spike. (Stachler: [0004] “When two or more rooftop units (RTU), each comprising elements for heating, cooling, blower (HCB), and control, come into a condition requiring one or more HCB elements to come on from an off state, it is desired that the operation of these elements does not create an unusually high power requirement. An unwanted "power spike" may occur due to blower motors, compressors, and/or heating elements starting at the same time after a power cycle. Additionally, the power spike may occur in response to a building going into an occupied state which can cause a cooling or heating demand for multiple units. To prevent power spikes, some HVAC units may be manually programmed with a default start-up value. However, this is can be time consuming and require coordination with other HVAC units at a particular location.”)
Allowable Subject Matter
Claim 10 is allowable.
Claims 15-16 are dependent claims of claim 10. The claim 10 is allowable, and therefore, claims 15-16 are allowable.
Claims 12-14 are dependent claims of claim 10. The claim 10 is allowable, and therefore, claims 12-14 would be allowable upon overcoming objections (see Claim Objections section above).
Claim 21 would be allowable upon overcoming objections (see Claim Objections section above).
Claims 22-23 and 25-29 are dependent claims of claim 21. The claim 21 would be allowable, and therefore, claims 22-23 and 25-29 would be allowable upon overcoming objections (see Claim Objections section above).
Claim 18 is 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.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL W CHOI whose telephone number is (571)270-5069. The examiner can normally be reached Monday-Friday 8am-5pm.
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, Kenneth Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL W CHOI/Primary Examiner, Art Unit 2116
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