Prosecution Insights
Last updated: October 04, 2026
Application No. 18/658,200

ADAPTIVE VARIABLE SPEED CONTROL METHOD, ADAPTIVE VARIABLE SPEED CONTROLLER AND METHOD FOR OPERATING THE SAME

Non-Final OA §102§103§112
Filed
May 08, 2024
Examiner
CHOI, JASON JUNSOO
Art Unit
2117
Tech Center
2100 — Computer Architecture & Software
Assignee
Hangzhou Leaderway Electronics Co. Ltd.
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-55.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
10 currently pending
Career history
6
Total Applications
across all art units
This examiner has no resolved cases yet (career too new); statute-level performance unavailable. The Grant Probability card shows Tech Center averages instead.

Office Action

§102 §103 §112
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 . This action is made non-final. Claims 1-20 filed on 05/08/2024 have been reviewed and considered by this office action. Information Disclosure Statement The information disclosure statement filed on 05/08/2024 have been reviewed and considered by this office action. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the description: FIG. 3 S201-S210. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference characters in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Specification The specification filed on 05/08/2024 has been reviewed and is considered acceptable. Allowable Subject Matter Claims 8 and 15 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: Claims 8 and 15 detail: if the system operation speed remains unchanged in the same operation, when the third preset period of time exceeds the weighted average of N system operation times, replacing a minimum among the N system operation times. if the system operation speed remains unchanged in the same operation, when the third preset period of time does not exceed the weighted average of N system operation times, replacing a maximum among the N system operation times. The said claim limitation in combination with the other limitations in the claim is not found in the prior art cited or any other prior art that was found. The closet prior art that is found is Chen et al. (US 8011199 B1, herein Chen). Chen teaches the controller chooses among several compressor speeds based on how long the unit ran on the prior cycle and how long it has run on the current cycle as well as a creating a preset table based on energy efficiency but does not explicitly teach replacing the values of the preset table based on the comparison between the weighted average and the third preset period of time. 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 7, 8, 9, 17, 18 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 7, the claim recites, “X gears for each of the M ranges, N system operation times.” The claim further states in the limitation “the X average system operation times”. The variable X is initially related to the number of gears in the limitation but further is defined as average system operation times rendering definition of X indefinite. For the purpose of examination, “the X average system operation times” will be interpreted as “the N system operation times”. Regarding claim 8 and 9, the recites limitations corresponding to claim 7 and is rejected for the same reason. Regarding claim 17, the claim states “if determined that the final system operation speed in the previous operation is greater than the maximum system operation speed”. By definition, the term “maximum” establishes a definitive ceiling, precluding the existence of any higher said operational system speed. The limitation of “greater than the maximum system operation speed” is not also defined in the specification, rendering the claim limitation indefinite. Claims 1, 3, 10, 11, 16 refer to various instances where the “system operation speed (or the previous operation speed) is less than a maximum system operation speed’ and therefore for the purpose of examination, the conditional statement will be interpreted as “previous operation is less than the maximum operation speed.” Regarding claim 18, the claim depends either directly or indirectly from the rejection of claim 17, and therefore it is also rejected. Claim Rejections - 35 USC § 102 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 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 1, 2, 3, 4, 6, 10, 11, 13, 16, 17, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (US 8011199 B1, herein Chen). Regarding claim 1, Chen teaches a method for operating a variable speed controller wherein the variable speed controller is preset with a first preset period of time ([column 23 line 5] if the unit operates for longer than a predetermined maximum desired operating time), and the method comprises: receiving an on signal from a thermostat ([column 22 line 61] receiving an on-signal from the thermostat.); driving a compressor at an initial system operation speed (see FIG. 1 act 114 [column 37 line 64-65] operating the compressor for a predetermined desired start time at the start speed (e.g., act 114); start speed is interpreted as initial system operation speed); monitoring a system operation time and monitoring an outdoor load (monitoring a system operation time is interpreted as “unit operates for longer than a predetermined maximum operating time [column 23 line 5]; outdoor temperature is interpreted as outdoor load [column 22 line 16] providing an outdoor sensor positioned configured to measure an outdoor temperature); determining whether the system operation time is greater than the first preset period of time; increasing the system operation speed if the system operation speed is less than a maximum system operation speed and determined that the system operation time is greater than the first preset period of time ([column 23 line 5-8] if the unit operates for longer than a predetermined maximum desired operating time, and if the unit is not already operating at a maximum operating speed, the method may include increasing the operating speed) detecting a change in the outdoor load in an operation and regulating the system operation speed based on at least the change in the outdoor load (column 22 line 21-23] the controller selects a higher compressor speed if the outdoor temperature is below a second preset temperature threshold); and determining whether an off signal from the thermostat is received, and stopping the driving the compressor if the off signal is received ([column 23 line 15] an act of receiving an off-signal from the thermostat). Regarding claim 2, Chen teaches the method according to claim 1, [Chen uses various lexicography that will be explained before the claim limitations are taught. Explicitly: RT denotes compressor runtime [column 31 line 34] compressor run time (RT) TC denotes the outdoor coil temperature [column 31 line 33] outdoor coil temperature (TC); outdoor coil temperature is also interpreted as outdoor load, outdoor temperature as indicated in [column 39 line 2] outdoor temperature parameter (e.g. TC) LTL, LTH, HTL and HTH denotes temperature thresholds as indicated in [column 38 line 51-54] first threshold (e.g., TL) may be 100 degrees F., and the second threshold (e.g., TH) may be 105 degree tl, th, thh denotes time thresholds as indicated in [column 39 line 18-24] the predetermined high speed minimum desired operating time (e.g., th used in act 118) may be less than the predetermined low speed maximum desired operating time (e.g., tl used in act 111). Further, in a number of embodiments, the predetermined high speed minimum desired operating time (e.g., th used in act 118) may be less than the predetermined high speed maximum desired operating time (e.g., thh used in act 109)] Chen further teaches wherein the variable speed controller is further preset with a first preset condition and a second preset condition, and the regulating the system operation speed based on at least the change in the outdoor load comprises ([column 26 line 22-23] the inverter controller first measures the outdoor coil temperature (TC)): determining whether the change in the outdoor load meets the first preset condition, and increasing the system operation speed if determined that the change meets the first preset condition ([column 26 line 57-58] selecting a higher compressor speed if the temperature exceeds a first threshold temperature); and determining whether the change in the outdoor load meets the second preset condition, and decreasing the system operation speed if determined that the change meets the second preset condition ([column 26 line 65-67] selecting a lower compressor speed if the temperature exceeds the second threshold temperature). wherein the first preset condition is that the change in the outdoor load is greater than a first preset value (first preset value is LTL [column 30 line 51] TC is less than LTL, the next compressor speed is set to L low) and the second preset condition is that the change in the outdoor load is less than a second preset value (second preset value is LTH [column 30 line 61] if TC is less than LTH, the next compressor speed is not changed (L low) in this embodiment) when a temperature regulating system in which the variable speed controller is located operates in a cooling mode ([column 30 line 22] in stage one cooling); and the first preset condition is that the change in the outdoor load is less than a third preset value (the third preset value is HTH [column 31 line 59-60] if TC is less than HTH, the next compressor speed is set to High) and the second preset condition is that the change in the outdoor load is greater than a fourth preset value (the fourth preset value is HTL [column 31 line 49-50] TC is less than HTL, the next compressor speed is not changed (High) in this embodiment) when the temperature regulating system in which the variable speed controller is located operates in a heating mode ([column 31 line 16] in stage two heating). Regarding claim 3, Chen teaches the method according to claim 2, further comprising: [Chen uses various lexicography that will be explained before the claim limitations are taught. Explicitly: RT denotes compressor runtime [column 31 line 34] compressor run time (RT) TC denotes the outdoor coil temperature [column 31 line 33] outdoor coil temperature (TC); outdoor coil temperature is also interpreted as outdoor load, outdoor temperature as indicated in [column 39 line 2] outdoor temperature parameter (e.g. TC) LTL, LTH, HTL and HTH denotes temperature thresholds as indicated in [column 38 line 51-54] first threshold (e.g., TL) may be 100 degrees F., and the second threshold (e.g., TH) may be 105 degree tl, th, thh denotes time thresholds as indicated in [column 39 line 18-24] the predetermined high speed minimum desired operating time (e.g., th used in act 118) may be less than the predetermined low speed maximum desired operating time (e.g., tl used in act 111).Further, in a number of embodiments, the predetermined high speed minimum desired operating time (e.g., th used in act 118) may be less than the predetermined high speed maximum desired operating time (e.g., thh used in act 109)] Chen further teaches receiving another on signal from the thermostat ([column 22 line 61] receiving an on-signal from the thermostat.); driving the compressor at the initial system operation speed (see FIG. 1 act 114 [column 37 line 64-65] operating the compressor for a predetermined desired start time at the start speed (e.g., act 114)); if there is a change in the system operation speed in a previous operation (see FIG.1; act 115 [column 36 line 67] If the compressor speed changed during the immediate prior run (e.g. evaluated in the act 115)): determining whether a change in the outdoor load over an interval (see FIG. 1 (106) [column 37 line 37-38] act of measuring a current speed operating time during the current run signal (e.g., act 106); during the current run signal is interpreted as determining over an interval) meets the first preset condition, determining the initial system operation speed in a present operation greater than a final system operation speed in the previous operation if determined that the change in the outdoor load over the interval meets the first preset condition wherein the final system operation speed in the previous operation is smaller than the maximum system operation speed ([column 38 line 44-48] if the current compressor speed is the low speed (e.g., evaluated in act 108), if the outdoor temperature is beyond the second threshold (e.g., above 105 degrees F., as evaluated in act 112), method 10 includes an act of increasing the compressor speed to the high speed (e.g., act 113) during the current run signal; first preset condition is interpreted as a second threshold due to the system being in heating mode); determining whether the change in the outdoor load over the interval meets the second preset condition, determining the initial system operation speed in the present operation less than the final system operation speed in the previous operation if determined that the change in the outdoor load over the interval meets the second preset condition wherein the final system operation speed in the previous operation is greater than a minimum non-zero system operation speed ([column 38 line 33-40] if the prior run final compressor speed was the high speed (e.g., evaluated in act 116), evaluating whether an outdoor temperature parameter is beyond a first threshold (e.g., act 119). In this embodiment, if the outdoor temperature parameter is beyond the first threshold (e.g., below 100 degrees F., as evaluated in act 119), method 10 includes operating the compressor at the low speed (e.g., act 125 and 104) during the current run signal.; second preset condition is interpreted as the first threshold due to the system being in cooling mode); and determining the final system operation speed in the previous operation as the initial system operation speed in the present operation, if determined that the change in the outdoor load over the interval meets neither the first preset condition nor the second preset condition (the instance is interpreted as the instance of first preset condition(TC > LTL) < current outdoor load over an interval (RT is longer than Lth) < second preset condition [column 31 line 60-63] previous compressor speed is L high, RT is longer than Lth, and TC is greater than LTL, the next compressor speed is not changed). Regarding claim 4, Chen teaches the method according to claim 2, Chen further teaches wherein the variable speed controller is further preset with a second preset period of time, and the first preset period of time is greater than the second preset period of time (second preset period of time is interpreted as minimum operating time [column 40 line 53] predetermined L mid speed minimum desired operating time. Maximum desired operating time is interpreted as the first preset period of time [column 41 line 14] predetermined L low speed maximum desired operating time), and method comprises: receiving another on signal from the thermostat ([column 22 line 61] receiving an on-signal from the thermostat.); driving the compressor at the initial system operation speed (see FIG. 1 act 114 [column 37 line 64-65] operating the compressor for a predetermined desired start time at the start speed (e.g., act 114)); if there is no change in the system operation speed in a previous operation ([column 40 line 44] if the compressor speed did not change during the immediate prior run): determining whether the system operation time of the previous operation is less than the second preset period of time ([column 40 line 49] act of evaluating whether the prior run time was less than a predetermined L mid speed minimum desired operating time); determining the initial system operation speed in the present operation less than a final system operation speed in the previous operation if determined that the system operation time of the previous operation is less than the second preset period of time wherein the final system operation speed in the previous operation is greater than a minimum non-zero system operation speed ([column 40 line 53-56] If the prior run time was less than the predetermined L mid speed minimum desired operating time (e.g., determined in act 318), the method includes operating the compressor at the L low speed during the current run signal (e.g., act 325 and 304).); and determining the final system operation speed in the previous operation as the initial system operation speed in the present operation, if determined that the system operation time of the previous operation is not less than the second preset period of time ([column 44 line 44-52] if the compressor speed was not changed during the immediately previous operating cycle (e.g., determined in act 115, 315, or 415), if the unit operated for more than the predetermined minimum desired operating time during the immediately previous operating cycle (e.g., evaluated in act 118, 318, or 328), and if the unit did not operate at a maximum non-zero operating speed during the immediately previous operating cycle (e.g., the boost speed, as determined in act 116 or 416), the compressor speed may be set at the final compressor speed of the immediately previous operating cycle (e.g., in act 123, 323, 325, or 327) ). Regarding claim 6, Chen teaches the method according to claim 1, Chen further teaches wherein the variable speed controller is preset with the initial system operation speed or a table showing the initial system operation speed, and the table is preset with a correspondence among a mode, a range of the outdoor load and the initial system operation speed (column 35 line 45- column 36 line 24 teaches a method to create a cooling and heating table based on a range of the outdoor load as well as setting a compressor speed based on the outdoor load; [column 36 line 14] 12. Create a cooling and heating table); and a system operation speed when the variable speed controller is powered on is determined as the initial system operation speed, or a system operation speed corresponding to a range of a current outdoor load in the corresponding mode is determined as the initial system operation speed (column 35 line 45-column 36 line 24; [column 36 line 17] 15. If a set of Rc and Rh is selected, the compressor speed can be determined as followed). Regarding claim 10, Chen teaches a variable speed controller, applied to a temperature regulating system ([column 10 line 17-18] “HVAC” unit includes air conditioning and heat pumps. Chen further teaches heat pumps include variable speed controllers [column 15 line 11-12] heat pump may include variable-speed drive… may also include a controller (e.g. in communication with or in control of the variable-speed drive.), wherein the temperature regulating system comprises at least a thermostat, an outdoor load detection unit and a compressor (outdoor load is interpreted as outdoor temperature parameter [column 6 line 48-49] HVAC unit operates at multiple compressor speeds using a two-stage thermostat. [column 9 line 46-48] HVAC unit has an outdoor coil and the outdoor temperature parameter is a temperature of the outdoor coil.), the variable speed controller comprises an input unit, an inverter unit and a main control unit, an output end of the input unit is electrically connected to the inverter unit ([column 13 line 57-64] the controller may include various hardware components such as microprocessors, memory, logic controllers, user interface devices, displays, and the like. The controller may include, for example, an inverter board, a relay board or interface board electrically connected between the inverter board and the thermostat), the main control unit comprises at least an on-off signal interface, an outdoor load interface, a processor and a memory; the on-off signal interface is configured to be electrically connected to the thermostat, to receive an on or off signal sent by the thermostat ([column 11 line 20-25] the controller may be configured (e.g., via programming or software) to operate the variable-speed drive at multiple non-zero compressor speeds using an on-off thermostat signal from a thermostat configured to control a single-speed HVAC unit by providing an on-off thermostat signal. ); the outdoor load interface is configured to be electrically connected to the outdoor load detection unit ([column 20 line 30-35] an act of providing an outdoor sensor, for instance, positioned and configured to measure an outdoor temperature. In some embodiments, the new controller may be configured, for example, to receive input from the outdoor sensor); the memory is configured to store computer-readable instructions ([column 11 line 25-35] if a device is "configured" to perform a certain task or function, the term "configured" means that the device has been adapted specifically to perform that particular task or function, not merely that the device could be used for that particular task or function if doing so had been contemplated. As used herein, a controller is "configured" to perform a particular task or function if the controller has been programmed with instructions that will, if executed, perform that specific task or function. A controller simply being made to control similar equipment and being capable of being programmed to perform the particular task or function is not enough, absent the software instructions to do so or other specific adaptation to accomplish the particular task or function recited.), the computer-readable instructions comprise a first preset period of time ([column 23 line 5] if the unit operates for longer than a predetermined maximum desired operating time); and the processor is configured to invoke the computer-readable instructions to instruct the variable speed controller to: receive an on signal from the thermostat ([column 22 line 61] receiving an on-signal from the thermostat.); drive the compressor at an initial system operation speed (see FIG. 1 act 114 [column 37 line 64-65] operating the compressor for a predetermined desired start time at the start speed (e.g., act 114)); monitor a system operation time and an outdoor load (monitoring a system operation time is interpreted as “unit operates for longer than a predetermined maximum operating time [column 23 line 5]; [column 22 line 16] providing an outdoor sensor positioned configured to measure an outdoor temperature); increase the system operation speed if the system operation speed is less than a maximum system operation speed and the system operation time is greater than the first preset period of time ([column 23 line 5-8] if the unit operates for longer than a predetermined maximum desired operating time, and if the unit is not already operating at a maximum operating speed, the method may include increasing the operating speed.); detect a change in the outdoor load in an operation and regulate the system operation speed based on at least the change in the outdoor load ([column 12 line 67 – column 13 line 1] the controller will select a higher compressor speed if the outdoor heat exchanger temperature exceeds a first (e.g., preset) temperature threshold.); and determine whether an off signal from the thermostat is received, and stop driving the compressor if the off signal is received ([column 23 line 15] an act of receiving an off-signal from the thermostat). Regarding claim 11, Chen teaches the variable speed controller according to claim 10, [Chen uses various lexicography that will be explained before the claim limitations are taught. Explicitly: RT denotes compressor runtime [column 31 line 34] compressor run time (RT) TC denotes the outdoor coil temperature [column 31 line 33] outdoor coil temperature (TC); outdoor coil temperature is also interpreted as outdoor load, outdoor temperature as indicated in [column 39 line 2] outdoor temperature parameter (e.g. TC) LTL, LTH, HTL and HTH denotes temperature thresholds as indicated in [column 38 line 51-54] first threshold (e.g., TL) may be 100 degrees F., and the second threshold (e.g., TH) may be 105 degree tl, th, thh denotes time thresholds as indicated in [column 39 line 18-24] the predetermined high speed minimum desired operating time (e.g., th used in act 118) may be less than the predetermined low speed maximum desired operating time (e.g., tl used in act 111).Further, in a number of embodiments, the predetermined high speed minimum desired operating time (e.g., th used in act 118) may be less than the predetermined high speed maximum desired operating time (e.g., thh used in act 109)] Chen further teaches wherein the computer-readable instructions comprise a first preset condition and a second preset condition, and the processor is configured to invoke the computer-readable instructions to instruct the variable speed controller to regulate the system operation speed based on at least the change in the outdoor load by: determining whether the change in the outdoor load meets the first preset condition, and increasing the system operation speed if determined that the change meets the first preset condition ([column 26 line 57-58] selecting a higher compressor speed if the temperature exceeds a first threshold temperature); and determining whether the change in the outdoor load meets the second preset condition, and decreasing the system operation speed if determined that the change meets the second preset condition ([column 26 line 65-67] selecting a lower compressor speed if the temperature exceeds the second threshold temperature), wherein the first preset condition is that the change in the outdoor load is greater than a first preset value (first preset value is LTL [column 30 line 51] TC is less than LTL, the next compressor speed is set to L low) and the second preset condition is that the change in the outdoor load is less than a second preset value (second preset value is LTH [column 30 line 61] if TC is less than LTH, the next compressor speed is not changed (L low) in this embodiment) )when a temperature regulating system in which the variable speed controller is located operates in a cooling mode ([column 30 line 22] in stage one cooling); and the first preset condition is that the change in the outdoor load is less than a third preset value (the third preset value is HTH [column 31 line 59-60] if TC is less than HTH, the next compressor speed is set to High) and the second preset condition is that the change in the outdoor load is greater than a fourth preset value (the fourth preset value is HTL [column 31 line 49-50] TC is less than HTL, the next compressor speed is not changed (High) in this embodiment) when the temperature regulating system in which the variable speed controller is located operates in a heating mode ([column 31 line 16] in stage two heating); and the processor is further configured to invoke the computer-readable instructions to instruct the variable speed controller to: receive another on signal from the thermostat ([column 22 line 61] receiving an on-signal from the thermostat.); drive the compressor at the initial system operation speed (see FIG. 1 act 114 [column 37 line 64-65] operating the compressor for a predetermined desired start time at the start speed (e.g., act 114)); if there is a change in the system operation speed in a previous operation (see FIG.1; act 115 [column 36 line 67] If the compressor speed changed during the immediate prior run (e.g. evaluated in the act 115)): determine whether a change in the outdoor load over an interval (see FIG. 1 act 106 [column 37 line 37-38] act of measuring a current speed operating time during the current run signal (e.g., act 106)) meets the first preset condition, determine the initial system operation speed in a present operation greater than a final system operation speed in the previous operation if determined that the change in the outdoor load over the interval meets the first preset condition wherein the final system operation speed in the previous operation is smaller than the maximum system operation speed ([column 38 line 44-48] if the current compressor speed is the low speed (e.g., evaluated in act 108), if the outdoor temperature is beyond the second threshold (e.g., above 105 degrees F., as evaluated in act 112), method 10 includes an act of increasing the compressor speed to the high speed (e.g., act 113) during the current run signal; second threshold is interpreted as the first preset condition because the system is in heating mode); determine whether the change in the outdoor load over the interval meets the second preset condition, determine the initial system operation speed in the present operation less than the final system operation speed in the previous operation if determined that the change in the outdoor load over the interval meets the second preset condition wherein the final system operation speed in the previous operation is greater than a minimum non-zero system operation speed ([column 38 line 33-40] if the prior run final compressor speed was the high speed (e.g., evaluated in act 116), evaluating whether an outdoor temperature parameter is beyond a first threshold (e.g., act 119). In this embodiment, if the outdoor temperature parameter is beyond the first threshold (e.g., below 100 degrees F., as evaluated in act 119), method 10 includes operating the compressor at the low speed (e.g., act 125 and 104) during the current run signal.; the second preset condition is interpreted as the first threshold because the system is in cooling mode); and determine the final system operation speed in the previous operation as the initial system operation speed in the present operation, if determined that the change in the outdoor load over the interval meets neither the first preset condition nor the second preset condition (the instance is interpreted as the instance of first preset condition(TC > LTL) < current outdoor load over an interval (RT is longer than Lth) < second preset condition [column 31 line 60-63] previous compressor speed is L high, RT is longer than Lth, and TC is greater than LTL, the next compressor speed is not changed). Regarding claim 13, Chen teaches the variable speed controller according to claim 10, Chen further teaches wherein the computer-readable instructions comprise the initial system operation speed or a table showing the initial system operation speed, and the table is preset with a correspondence among a mode, a range of the outdoor load and the initial system operation speed (column 35 line 45- column 36 line 24 teaches a method to create a cooling and heating table based on a range of the outdoor load as well as setting a compressor speed based on the outdoor load; [column 36 line 14] 12. Create a cooling and heating table); and the processor is further configured to invoke the computer-readable instructions to instruct the variable speed controller to: determine a system operation speed when the variable speed controller is powered on as the initial system operation speed or determine a system operation speed corresponding to a range of a current outdoor load in the corresponding mode as the initial system operation speed (column 35 line 45-column 36 line 24; [column 36 line 17]. If a set of Rc and Rh is selected, the compressor speed can be determined as followed). Regarding claim 16, Chen teaches a method for controlling a temperature regulating system, wherein the temperature regulating system comprises at least a thermostat, a variable speed controller, an outdoor load detection unit and a compressor (HVAC unit operates at multiple compressor speeds using a two-stage thermostat. [column 9 line 46-48] HVAC unit has an outdoor coil and the outdoor temperature parameter is a temperature of the outdoor coil. ([column 13 line 57-64] the controller may include various hardware components such as microprocessors, memory, logic controllers, user interface devices, displays, and the like. The controller may include, for example, an inverter board, a relay board or interface board electrically connected between the inverter board and the thermostat)); the thermostat is electrically connected to the variable speed controller and is configured to send an on or off signal to the variable speed controller ([column 11 line 20-25] the controller may be configured (e.g., via programming or software) to operate the variable-speed drive at multiple non-zero compressor speeds using an on-off thermostat signal from a thermostat configured to control a single-speed HVAC unit by providing an on-off thermostat signal.); the variable speed controller is electrically connected to the compressor for applying a system operation speed to the compressor ([column 10 line 17-18] “HVAC” unit includes air conditioning and heat pumps. Chen further teaches heat pumps include variable speed controllers [column 15 line 11-12] heat pump may include variable-speed drive… may also include a controller (e.g. in communication with or in control of the variable-speed drive.); the outdoor load detection unit is electrically connected to the variable speed controller for sending an outdoor load status to the variable speed controller ([column 20 line 30-35] an act of providing an outdoor sensor, for instance, positioned and configured to measure an outdoor temperature. In some embodiments, the new controller may be configured, for example, to receive input from the outdoor sensor); and the method comprises: sending an on signal to the variable speed controller, by the thermostat ([column 22 line 61] receiving an on-signal from the thermostat.); receiving the on signal and driving the compressor at an initial system operation speed, by the thermostat (see FIG. 1 act 114 [column 37 line 64-65] operating the compressor for a predetermined desired start time at the start speed (e.g., act 114)); monitoring a system operation time and an outdoor load, by the variable speed controller (monitoring a system operation time is interpreted as “unit operates for longer than a predetermined maximum operating time; outdoor load is interpreted as outdoor temperature [column 23 line 5]; [column 22 line 16] providing an outdoor sensor positioned configured to measure an outdoor temperature); increasing the system operation speed applied to the compressor by the variable speed controller, if the system operation speed is less than a maximum system operation speed and the system operation time is greater than the first preset period of time ([column 23 line 5-8] if the unit operates for longer than a predetermined maximum desired operating time, and if the unit is not already operating at a maximum operating speed, the method may include increasing the operating speed.); detecting a change in the outdoor load in an operation and regulating the system operation speed based on at least the change in the outdoor load ([column 20 line 19-22] In some embodiments, the new controller may be configured, for example, to select a lower compressor speed if a time that the compressor has run is below a minimum time threshold.); determining whether an indoor temperature reaches a set temperature by the thermostat and sending an off signal to the variable speed controller by the thermostat if determined that the indoor temperature has reached the set temperature ([column 1 line 39-42] Special thermostats have been used that have changed the speed of the compressor and fans to maintain the set point temperature); and stopping applying the system operation speed to the compressor by the variable speed controller in receipt of the off signal ([column 23 line 15] an act of receiving an off-signal from the thermostat). Regarding claim 17, Chen teaches the method according to claim 16, [Chen uses various lexicography that will be explained before the claim limitations are taught. Explicitly: RT denotes compressor runtime [column 31 line 34] compressor run time (RT) TC denotes the outdoor coil temperature [column 31 line 33] outdoor coil temperature (TC); outdoor coil temperature is also interpreted as outdoor load, outdoor temperature as indicated in [column 39 line 2] outdoor temperature parameter (e.g. TC) LTL, LTH, HTL and HTH denotes temperature thresholds as indicated in [column 38 line 51-54] first threshold (e.g., TL) may be 100 degrees F., and the second threshold (e.g., TH) may be 105 degree tl, th, thh denotes time thresholds as indicated in [column 39 line 18-24] the predetermined high speed minimum desired operating time (e.g., th used in act 118) may be less than the predetermined low speed maximum desired operating time (e.g., tl used in act 111).Further, in a number of embodiments, the predetermined high speed minimum desired operating time (e.g., th used in act 118) may be less than the predetermined high speed maximum desired operating time (e.g., thh used in act 109)] Chen further teaches wherein the variable speed controller is further preset with a first preset condition and a second preset condition; the system operation speed applied to the compressor is increased by the variable speed controller if determined that the change in the outdoor meets the first preset condition ([column 26 line 57-58] selecting a higher compressor speed if the temperature exceeds a first threshold temperature), and is decreased by the variable speed controller if determined that the change in the outdoor meets the second preset condition ([column 26 line 65-67] selecting a lower compressor speed if the temperature exceeds the second threshold temperature).; the temperature regulating system is provided with a cooling mode and a heating mode (cooling mode: [column 30 line 22] in stage one cooling); heating mode: [column 31 line 16] in stage two heating); in the cooling mode, the first preset condition is that the change in the outdoor load is greater than a first preset value (first preset value is interpreted as LTL [column 30 line 51] TC is less than LTL, the next compressor speed is set to L low) and the second preset condition is that the change in the outdoor load is less than a second preset value (second preset value is interpreted as LTH [column 30 line 61] if TC is less than LTH, the next compressor speed is not changed (L low) in this embodiment); in the heating mode, the first preset condition is that the change in the outdoor load is less than a third preset value (the third preset value is interpreted as HTH [column 31 line 59-60] if TC is less than HTH, the next compressor speed is set to High) and the second preset condition is that the change in the outdoor load is greater than a fourth preset value (the fourth preset value is interpreted as HTL [column 31 line 49-50] TC is less than HTL, the next compressor speed is not changed (High) in this embodiment), and the method further comprises: sending another on signal to the variable speed controller by the thermostat (see FIG.1 act 101 [column43 line 37-38] receiving another on-signal from the thermostat (e.g., act 101, 201, 301, 401, 501, or 601)); receiving the on signal and driving the compressor at the initial system operation speed, by the variable speed controller (see FIG. 1 act 114 [column 37 line 64-65] operating the compressor for a predetermined desired start time at the start speed (e.g., act 114)); detecting whether there is a change in the system operation speed in a previous operation by the variable speed controller and if the change in the system operation speed is detected in the previous operation (see FIG.1; [column 36 line 67] If the compressor speed changed during the immediate prior run (e.g. evaluated in the act 115), determining whether a change in the outdoor load over an interval ((see FIG. 1 act 106 [column 37 line 37-38] act of measuring a current speed operating time during the current run signal (e.g., act 106)) meets the first preset condition or the second preset condition, determining whether a final system operation speed in the previous operation is smaller than the maximum system operation speed if determined that the change in the outdoor load over the interval meets the first preset condition ([column 38 line 44-48] if the current compressor speed is the low speed (e.g., evaluated in act 108), if the outdoor temperature is beyond the second threshold (e.g., above 105 degrees F., as evaluated in act 112), method 10 includes an act of increasing the compressor speed to the high speed (e.g., act 113) during the current run signal); and determining the initial system operation speed in the present operation greater than the final system operation speed in the previous operation if determined that the final system operation speed in the previous operation is smaller than the maximum system operation speed ([column 37 line 49-54] if the current compressor speed is the high speed (e.g., evaluated in act 108) increasing the compressor speed to the boost speed (e.g., in act 110) during the current run signal); determining whether a final system operation speed in the previous operation is greater than a minimum non-zero system operation speed if determined that the change in the outdoor load over the interval meets the second preset condition ([column 38 line 44-48] if the current compressor speed is the low speed (e.g., evaluated in act 108), if the outdoor temperature is beyond the second threshold (e.g., above 105 degrees F., as evaluated in act 112), method 10 includes an act of increasing the compressor speed to the high speed (e.g., act 113) during the current run signal); and determining the initial system operation speed in the present operation less than the final system operation speed in the previous operation if determined that the final system operation speed in the previous operation is greater than the maximum system operation speed ([column 37 line 10-13] if the prior run final compressor speed was the boost speed, method 10 includes operating the compressor at the high speed (e.g., act 123 and 104) during the current run signal); and determining the final system operation speed in the previous operation as the initial system operation speed in the present operation, if determined that the change in the outdoor load over the interval meets neither the first preset condition nor the second preset condition (the instance is interpreted as the instance of first preset condition(TC > LTL) < current outdoor load over an interval (RT is longer than Lth) < second preset condition [column 31 line 60-63] previous compressor speed is L high, RT is longer than Lth, and TC is greater than LTL, the next compressor speed is not changed). Regarding claim 18, Chen in view of Zhou teaches the method according to claim 17, Chen further teaches further comprising: sending another on signal to the variable speed controller by the thermostat ([column 22 line 61] receiving an on-signal from the thermostat.); receiving the on signal and driving the compressor at the initial system operation speed, by the variable speed controller (see FIG. 1 act 114 [column 37 line 64-65] operating the compressor for a predetermined desired start time at the start speed (e.g., act 114)); determining whether the system operation speed has changed in the previous operation by the variable speed controller, determining whether the system operation time of the previous operation is less than a second preset period of time ([column 40 line 49] act of evaluating whether the prior run time was less than a predetermined L mid speed minimum desired operating time) if determined that system operation speed remains unchanged in the previous operation ([column 40 line 44] if the compressor speed did not change during the immediate prior run); determining the initial system operation speed in the present operation less than the final system operation speed in the previous operation if determined that the system operation time of the previous operation is less than the second preset period of time wherein the final system operation speed in the previous operation is greater than the minimum non-zero system operation speed ([column 40 line 53-56] If the prior run time was less than the predetermined L mid speed minimum desired operating time (e.g., determined in act 318), the method includes operating the compressor at the L low speed during the current run signal (e.g., act 325 and 304).); and determining the final system operation speed in the previous operation as the initial system operation speed in the present operation if determined that the system operation time of the previous operation is not less than the second preset period of time ([column 44 line 44-52] if the compressor speed was not changed during the immediately previous operating cycle (e.g., determined in act 115, 315, or 415), if the unit operated for more than the predetermined minimum desired operating time during the immediately previous operating cycle (e.g., evaluated in act 118, 318, or 328), and if the unit did not operate at a maximum non-zero operating speed during the immediately previous operating cycle (e.g., the boost speed, as determined in act 116 or 416), the compressor speed may be set at the final compressor speed of the immediately previous operating cycle (e.g., in act 123, 323, 325, or 327) ), wherein the first preset period of time is greater than the second preset period of time (second preset period of time is interpreted as minimum operating time [column 40 line 43] predetermined L mid speed minimum desired operating time. Maximum desired operating time is interpreted as the first preset period of time [column 41 line 14] predetermined L low speed maximum desired operating time). Regarding claim 20, Chen teaches the method according to claim 16, Chen further teaches wherein the on or off signal is a digital signal ([column 13 line 62-63] relay board or interface board electrically connected between the inverter board and the thermostat [column 14 line 40-41] the interface board may be configured to read 24 V AC signals from the thermostat.to communicate with the inverter board using 5V signals Examiners Note: Column 13 Line 65 – Column 14 line 40 explain the instance of an inverter board that uses active logic. The nature of active logic is an binary signal and is interpreted as an on and off signal from the thermostat), and the detecting the change in the outdoor load comprises: measuring an outdoor ambient temperature, an outdoor coil temperature, or an outdoor refrigerant pipe pressure of the temperature regulating system ([column 27 line 21-22] controller first measures the outdoor coil temperature (TC)). 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. Claims 5, 12 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Tolbert et al.(US 20080041081 A1, herein Tolbert), and further in view of Gritton et al. (US 20250109872 A1, herein Gritton). Regarding claim 5, Chen teaches the method according to claim 4, Chen further teaches wherein the outdoor load is an outdoor ambient temperature, ([column 31 line 13-14] . In particular embodiments, parameter values and ranges may be as follows:) the first preset value is +n, the second preset value is -n ([column 31 line 14] LTL=77.degree. F. (.+-.5.degree. F.); the first preset value is interpreted as+5 degree.F, the second preset value is interpreted as -5 degree.F), the third preset value is -m and the fourth preset value is +m ([column 31 line 14] HTH=83.degree. F. (.+-.5.degree. F.); the third preset value is interpreted as -5degree.F and the fourth preset value is interpreted as +5 degree.F), m and n are both positive numbers, and Chen does not teach: wherein the change in the outdoor load is detected by: recording an initial outdoor ambient temperature Toutstart at an instant when the variable speed controller is shut down or the system operation speed is changed; measuring the outdoor ambient temperature Tout when the variable speed controller operates; and determining the change in the outdoor load from dT=(Tout-Toutstart). Tolbert teaches wherein the change in the outdoor load is detected by: recording an initial outdoor ambient temperature Toutstart at an instant when the variable speed controller is shut down or the system operation speed is changed (see FIG. 5, step 508 and step 510; [0040] If the measured outdoor ambient temperature is not greater than or equal to, i.e., it is less than, the first temperature setpoint in step 504, then the process proceeds to step 508. In step 508, the measured outdoor ambient temperature is compared to the second temperature setpoint to determine if the measured outdoor ambient temperature is less than or equal to the second temperature setpoint. If the measured outdoor ambient temperature is less than or equal to the second temperature setpoint in step 508, the process then proceeds to step 510 where the motor 106 is operated at the second output frequency. The process returns to step 502 to measure the outdoor ambient temperature and repeat the process.); measuring the outdoor ambient temperature Tout when the variable speed controller operates (see FIG. 5, step 504 and step 502; [0040] If the measured outdoor ambient temperature is greater than or equal to the first temperature setpoint in step 504, then the process proceeds to step 506 where the motor 106 is operated at the first output frequency. The process returns to step 502 to measure the outdoor ambient temperature and repeat the process.); It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of Chen to incorporate the teachings of Tolbert so as to include measuring outdoor temperature at various points to determine if there is a change. As set forth in MPEP § 2143, by combining the known technique of determining a change of the outdoor load at various points as taught by Tolbert with the controller of Chen, one of ordinary skill would expect to achieve the predictable result of the controller invoking more accurate instructions to the system based on changes in outdoor temperature at various points in time. Chen in view of Tolbert does not explicitly teach and determining the change in the outdoor load from dT=(Tout-Toutstart). Gritton teaches and determining the change in the outdoor load from dT=(Tout-Toutstart) ([0004] HVAC system (e.g. of a residence) is monitored to detect a plurality of sample intervals during which the HVAC system is active. An ambient temperature is measured (e.g. by one or more sensor nodes disposed in the residence) to determine a change in temperature or other environmental parameter over each of the respective sample intervals). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of Chen to incorporate the teachings of Gritton so as to include record and measure the change in outdoor temperature over an interval. Doing so would allow a more efficient control of the system and less maintenance. (Gritton [0003] difficult to schedule a repair person to fix the unit and can also lead to parts shortages which delay the time to repair.). Regarding claim 12, Chen teaches the variable speed controller according to claim 11, Chen further teaches wherein the outdoor load is an outdoor ambient temperature, ([column 31 line 13-14] . In particular embodiments, parameter values and ranges may be as follows:) the first preset value is +n, the second preset value is -n ([column 31 line 14] LTL=77.degree. F. (.+-.5.degree. F.); the first preset value is interpreted as+5 degree.F, the second preset value is interpreted as -5 degree.F), the third preset value is -m and the fourth preset value is +m ([column 31 line 14] HTH=83.degree. F. (.+-.5.degree. F.); the third preset value is interpreted as -5degree.F and the fourth preset value is interpreted as +5 degree.F), m and n are both positive numbers, and Chen does not explicitly teach: record an initial outdoor ambient temperature Toutstart at an instant when the variable speed controller is shut down or the system operation speed is changed; measuring the outdoor ambient temperature Tout when the variable speed controller operates; and determining the change in the outdoor load from dT=(Tout-Toutstart). Tolbert teaches record an initial outdoor ambient temperature Toutstart at an instant when the variable speed controller is shut down or the system operation speed is changed (see FIG. 5, step 508 and step 510; [0040] If the measured outdoor ambient temperature is not greater than or equal to, i.e., it is less than, the first temperature setpoint in step 504, then the process proceeds to step 508. In step 508, the measured outdoor ambient temperature is compared to the second temperature setpoint to determine if the measured outdoor ambient temperature is less than or equal to the second temperature setpoint. If the measured outdoor ambient temperature is less than or equal to the second temperature setpoint in step 508, the process then proceeds to step 510 where the motor 106 is operated at the second output frequency. The process returns to step 502 to measure the outdoor ambient temperature and repeat the process.); measuring the outdoor ambient temperature Tout when the variable speed controller operates (see FIG. 5, step 504 and step 502; [0040] ] If the measured outdoor ambient temperature is greater than or equal to the first temperature setpoint in step 504, then the process proceeds to step 506 where the motor 106 is operated at the first output frequency. The process returns to step 502 to measure the outdoor ambient temperature and repeat the process.); It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of Chen to incorporate the teachings of Tolbert so as to include measuring outdoor temperature at various points to determine if there is a change. As set forth in MPEP § 2143, by combining the known technique of determining a change of the outdoor load at various points as taught by Tolbert with the controller of Chen, one of ordinary skill would expect to achieve the predictable result of the controller invoking more accurate instructions to the system based on changes in outdoor temperature at various points in time. Chen in view of Tolbert does not explicitly teach and determining the change in the outdoor load from dT=(Tout-Toutstart). Gritton teaches and determining the change in the outdoor load from dT=(Tout-Toutstart) ([0004] HVAC system (e.g. of a residence) is monitored to detect a plurality of sample intervals during which the HVAC system is active. An ambient temperature is measured (e.g. by one or more sensor nodes disposed in the residence) to determine a change in temperature or other environmental parameter over each of the respective sample intervals). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of Chen to incorporate the teachings of Gritton so as to include record and measure the change in outdoor temperature over an interval. Doing so would allow a more efficient control of the system and less maintenance. (Gritton [0003] difficult to schedule a repair person to fix the unit and can also lead to parts shortages which delay the time to repair.). Claims 7, 9, 14, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chen, and in view of Tashiro et al. (US 20220252314 A1, herein Tashiro). Regarding claim 7, Chen teaches the method according to claim 1, Chen further teaches wherein the variable speed controller is preset with a third preset period of time ([column 25 line 44] operating the unit for a third period of time) and a table showing a variable speed, the table comprises M ranges of the outdoor load (column 35 line 45- column 36 line 24 teaches a method to create a cooling and heating table based on a range of the outdoor load as well as setting a compressor speed based on the outdoor load; [column 36 line 14] 12. Create a cooling and heating table), the variable speed controller is provided with X gears for each of the M ranges ([column 35 line 66] 6. NS for the heat pump rated at a different cooling and heating capacities), N system operation times are provided for each of the X gears ([column 35 line 45-47] 1. Test a variable speed system at different speeds and ambient conditions. 2. Measure its capacities and energy efficiency.), ( By testing the speed system at different speeds and ambient conditions, the energy efficiency is noted by the runtime and compressor speed setting, hereby creating a system operation site for each of the settings.), wherein the initial system operation speed is determined by: determining a range of the outdoor load from the M ranges (column 35 line 45-column 36 line 24; [column 36 line 17] 15. If a set of Rc and Rh is selected, the compressor speed can be determined as followed); [column 25 line 42-45] may include decreasing the compressor speed to a reduced non-zero compressor speed and operating the unit for a third period of time at the reduced non-zero compressor speed). Chen does not explicitly teach an average system operation time or a median system operation time or a weighted average system operation time calculated by the variable speed controller based on the N system operation times; comparing the third preset period of time with the X average system operation times or median system operation times or weighted average system operation times within the determined range. Tashiro teaches comparing the third preset period of time with the X average system operation times or median system operation times or weighted average system operation times within the determined range (see FIG.7; average system time period is [0072] operation control unit 501 acquires, as the operation frequency f, the value of the operation frequency of the compressor 11 at the present time or the average value of operation frequencies of the compressor 11 for a time period from the start of the heating operation to the present time the weighted average system operation times is then interpreted as frequency difference is greater than a threshold fth [0072] controller 50 determines whether a frequency difference (fmh−f) is greater than or equal to a threshold fth, the frequency difference being a value obtained by subtracting the operation frequency f from the upper limit frequency fmh of the compressor 11); It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of Chen to incorporate the teachings of Tashiro so as to include the application of a third preset period of time with the weighted average system operation times. Doing so would allow the controller to provide parameter comparison and invoke instructions with the weighted average system times (Tashiro [0008] the heating performance of the indoor heat exchanger in the simultaneous heating and defrosting operation can be improved.) Regarding claim 9, Chen in view of Tashrio teaches the method according to claim 7, Chen further teaches wherein the outdoor load changes into another range in the same operation, and the regulating the system operation speed comprises ([column 40 line 22-24] if the thermostat called for stage two after the start of the immediate prior run (e.g. during the immediate prior run)): comparing the third preset period of time[column 25 line 42-45] may include decreasing the compressor speed to a reduced non-zero compressor speed and operating the unit for a third period of time at the reduced non-zero compressor speed). Chen does not explicitly teach the X average system operation times or median system operation times or weighted average system operation times within the determined range. Tashiro teaches the X average system operation times or median system operation times or weighted average system operation times within the determined range (see FIG.7; average system time period is [0072] operation control unit 501 acquires, as the operation frequency f, the value of the operation frequency of the compressor 11 at the present time or the average value of operation frequencies of the compressor 11 for a time period from the start of the heating operation to the present time the weighted average system operation times is then interpreted as frequency difference is greater than a threshold fth [0072] controller 50 determines whether a frequency difference (fmh−f) is greater than or equal to a threshold fth, the frequency difference being a value obtained by subtracting the operation frequency f from the upper limit frequency fmh of the compressor 11.) Regarding claim 14, Chen teaches the variable speed controller according to claim 10, Chen further teaches wherein the computer-readable instructions comprise a table showing a variable speed and a third preset period of time ([column 25 line 44] operating the unit for a third period of time), the table comprises M ranges of the outdoor load (column 35 line 45- column 36 line 24 teaches a method to create a cooling and heating table based on a range of the outdoor load as well as setting a compressor speed based on the outdoor load; [column 36 line 14] 12. Create a cooling and heating table), the variable speed controller is provided with X gears for each of the M ranges ([column 35 line 66] 6. NS for the heat pump rated at a different cooling and heating capacities), N system operation times are provided for each of the X gears ([column 35 line 45-47] 1. Test a variable speed system at different speeds and ambient conditions. 2. Measure its capacities and energy efficiency.), M, X and N are positive integers and X is greater than or equal to 2 (By testing the speed system at different speeds and ambient conditions, the energy efficiency is noted by the runtime and compressor speed setting, hereby creating a system operation site for each of the settings.), wherein the processor is further configured to invoke the computer-readable instructions to instruct the variable speed controller to: column 35 line 45-column 36 line 24; [column 36 line 17] 15. If a set of Rc and Rh is selected, the compressor speed can be determined as followed); [column 25 line 42-45] may include decreasing the compressor speed to a reduced non-zero compressor speed and operating the unit for a third period of time at the reduced non-zero compressor speed). Chen does not explicitly teach calculate a median or average or weighted average system operation time based on the N system operation times; compare the third preset period of time with the X average system operation times or median system operation times or weighted average system operation times within the determined range. Tashiro teaches comparing the third preset period of time with the X average system operation times or median system operation times or weighted average system operation times within the determined range (see FIG.7; average system time period is [0072] operation control unit 501 acquires, as the operation frequency f, the value of the operation frequency of the compressor 11 at the present time or the average value of operation frequencies of the compressor 11 for a time period from the start of the heating operation to the present time the weighted average system operation times is then interpreted as frequency difference is greater than a threshold fth [0072] controller 50 determines whether a frequency difference (fmh−f) is greater than or equal to a threshold fth, the frequency difference being a value obtained by subtracting the operation frequency f from the upper limit frequency fmh of the compressor 11); It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of Chen to incorporate the teachings of Tashiro so as to include the application of a third preset period of time with the weighted average system operation times. Doing so would allow the controller to provide parameter comparison and invoke instructions with the weighted average system times (Tashiro [0008] the heating performance of the indoor heat exchanger in the simultaneous heating and defrosting operation can be improved.) Regarding claim 19, Chen teaches the method according to claim 16, Chen further teaches wherein the variable speed controller is preset with the initial system operation speed or a table showing the initial system operation speed, and the table is preset with a correspondence among a mode, a range of the outdoor load and the initial system operation speed ([column 22 line 61-62] operating the unit at an operating speed (e.g., including running a compressor motor driving a compressor at a compressor speed)); a system operation speed when the variable speed controller is powered on is determined as the initial system operation speed, or a system operation speed corresponding to a range of a current outdoor load in the corresponding mode is determined as the initial system operation speed (([column 22 line 61-62] operating the unit at an operating speed (e.g., including running a compressor motor driving a compressor at a compressor speed)); the variable speed controller is preset with a third preset period of time ([column 25 line 44] operating the unit for a third period of time) and a table showing a variable speed, the table comprises M ranges of the outdoor load (column 35 line 45- column 36 line 24 teaches a method to create a cooling and heating table based on a range of the outdoor load as well as setting a compressor speed based on the outdoor load; [column 36 line 14] 12. Create a cooling and heating table), the variable speed controller is provided with X gears for each of the M ranges ([column 35 line 66] 6. NS for the heat pump rated at a different cooling and heating capacities), N system operation times are provided for each of the X gears ([column 35 line 45-47] 1. Test a variable speed system at different speeds and ambient conditions. 2. Measure its capacities and energy efficiency.), (By testing the speed system at different speeds and ambient conditions, the energy efficiency is noted by the runtime and compressor speed setting, hereby creating a system operation site for each of the settings.),wherein the initial system operation speed is determined by: determining a range of the outdoor load from the M ranges (column 35 line 45-column 36 line 24; [column 36 line 17] 15. If a set of Rc and Rh is selected, the compressor speed can be determined as followed); comparing the third preset period of time [column 25 line 42-45] may include decreasing the compressor speed to a reduced non-zero compressor speed and operating the unit for a third period of time at the reduced non-zero compressor speed).; and the regulating the system operation speed comprises: (fifth period of time is the new third preset period of time [column 26 line 18-20] the speed may be reduced (e.g., to the high speed or to the low speed) for a fifth period of time), if the outdoor load changes into another range ([column 40 line 22-24] if the thermostat called for stage two after the start of the immediate prior run (e.g. during the immediate prior run)). Chen doesn’t explicitly teach comparing the third preset period of time with the X average system operation times or median system operation times or weighted average system operation times within the range. Tashio teaches comparing the third preset period of time with the X average system operation times or median system operation times or weighted average system operation times within the range (see FIG.7; average system time period is [0072] operation control unit 501 acquires, as the operation frequency f, the value of the operation frequency of the compressor 11 at the present time or the average value of operation frequencies of the compressor 11 for a time period from the start of the heating operation to the present time the weighted average system operation times is then interpreted as frequency difference is greater than a threshold fth [0072] controller 50 determines whether a frequency difference (fmh−f) is greater than or equal to a threshold fth, the frequency difference being a value obtained by subtracting the operation frequency f from the upper limit frequency fmh of the compressor 11). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of Chen to incorporate the teachings of Tashiro so as to include the application of a third preset period of time with the weighted average system operation times. Doing so would allow the controller to provide parameter comparison and invoke instructions with the weighted average system times (Tashiro [0008] the heating performance of the indoor heat exchanger in the simultaneous heating and defrosting operation can be improved.) Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 8011199 B1 – HVAC Control Using Discrete Speed Thermostat Run Times (state of the art of a variable speed controller) US 20180252428 A1 – Smart Thermostat Orchestration (updates the given table based on outdoor conditions) US 20240420840 A1 – Digitized Reports of Technical Systems (receives data packets and optimizes the data by taking the average) US 20220252314 A1 – Refrigeration Cycle Apparatus (compares the weighted frequency to optimize the refrigeration cycle) US 20080041081 A1 – System and method for Compressor capacity Modulation in a Heat Pump (optimizes the heat pump based on outdoor thresholds) US 20220284076 A1 – Real Time Outlier Detection Method and Apparatus in Multidimensional Data Stream (algorithm for optimizing lists based on a filter and a running new value). US 20250109872 A1 – Apparatus and Method for HVAC Efficiency Monitoring and Tracking (tracks outside temperature over an interval and monitors the difference during runtime) Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason Choi whose telephone number is (571) 270 0512. The examiner can normally be reached Mon-Thurs 8:00-6:00 EST. 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. /J.J.C./Examiner, Art Unit 2117 /ROBERT E FENNEMA/Supervisory Patent Examiner, Art Unit 2117
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Prosecution Timeline

May 08, 2024
Application Filed
Aug 05, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

Strategy Recommendation AI-generated — please review before filing

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allowance rate.

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