DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
Paragraph [0045] recites “According to an example implementation of the present
subject matter, current setpoints for the asset installed in the building are monitored. The current setpoints are determined by a building operations optimizer based on inputs from sensors installed in the building to sense physical conditions pertaining to the building. The current setpoints for the asset is provided by the building operations optimizer to a local controller that operates the asset to comply with the current setpoints. Based on the
monitoring, the current setpoints of the asset are adjusted by controlling the local controller to bring the setpoints of the asset within the first range of setpoints if the current setpoints are identified to be in the third range of setpoints or the second range of setpoints. By bringing the setpoints of the asset within the first range of setpoints, the possibility of damage to the
asset or undesired occupants may be prevented. Additionally, the present subject matter allows for controlling rate and extent of changes in the setpoints to avoid abrupt adjustments in the setpoints, thereby preventing damage to the asset and/or discomfort to the occupant”.
In the disclosure of paragraph [0045], the term “current setpoints” refers to a monitored/measured value based on sensor inputs, but meanwhile the term also refers to a value set and provided to a local controller by an optimizer. These two values are two different things which can deviate from each other, so the same term “current setpoints” can not refer to both. Since the same term “current setpoints” refer to a measured value and meanwhile a value set and provided to a local controller, it is unclear how the recited subject matter works
Appropriate corrections are required.
Contingent Limitations
Claim 1 comprises contingent limitations recited in a phrase “if the current setpoints are identified to be in the third range of setpoints or second range of setpoints”. The broadest reasonable interpretation of a method claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. The conditions followed the phrase “if” may not be met, hence the corresponding steps may not be required to be conducted. Therefore, the limitation of the phrase has no patentable weight. See MPEP 2111.04 (II) for details.
Since it is regarded that Applicant intends to make the limitation to have patentable weight in the claim, for continuing examination purpose, the phrase has been construed as “[[if]] in response to the current setpoints [[are]] being identified to be in the third range of setpoints or second range of setpoints”.
Claim Rejections - 35 USC § 112(b)
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.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 recites limitations “monitoring current setpoints for the asset, the current setpoints being defined by a building operations optimizer based on inputs from sensors installed in the building to sense physical conditions pertaining to the building, the current setpoints for the asset being provided by the building operations optimizer to a local controller to operate the asset to comply with the current setpoints; and adjusting the current setpoints by controlling the local controller to bring the setpoints of the asset within the first range of setpoints in response to the current setpoints being identified to be in the third range of setpoints or second range of setpoints”, which render the claim indefinite.
In claim 1 (and also in disclosure of the specification), the term “current setpoints” refers to a monitored/measured value based on sensor inputs, but meanwhile the term also refers to a value set and provided to a local controller by an optimizer. These two values are two different things which can deviate from each other, so the same term “current setpoints” can not refer to both. Since the same term “current setpoints” refer to a measured value and meanwhile a value set and provided to a local controller, it is unclear how the recited method works. Therefore the claim is indefinite.
Claims 9 and 13 are also deemed indefinite for the same reason described above.
Other claims are also rejected since they depend on claims 1, 9 or 13 and have inherited the same deficiency.
Claim Rejections - 35 USC § 102/103
Possible rejections based on prior art are not feasible since the claims are indefinite.
Conclusion
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/CHARLES CAI/Primary Patent Examiner, Art Unit 2115
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