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 .
Allowable Subject Matter
Claims 8 and 19 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.
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.
Claim(s) 1-5, 9, 14-15, 17 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gottumukkala (US PUB. 20190301760).
Regarding claim 1, Gottumukkala teaches A method of estimating outside air temperature for a first device, the method comprising:
receiving, from the first device, a request to obtain an estimate of outside air temperature at a first location of the first device (0012 “a method for obtaining outside air temperature for an HVAC system including one or more thermostats in communication with a server, is provided. The method may include operating at least one thermostat to transmit geographical data of the at least one thermostat and request for environmental data to the server. The server operating to analyze the geographical data and to determine whether one or more thermostats are within close proximity to the requesting thermostat based at least in part on the geographical data. The server operating to obtain proximate environmental data based at least in part on the geographical area and transmit the proximate environmental data to the at least one thermostat.”)
identifying at least one heating, ventilation, and air conditioning (HVAC) device disposed within a predefined threshold distance from the first device, wherein each of the at least one HVAC device is equipped with an outside air temperature sensor (0012 “a method for obtaining outside air temperature for an HVAC system including one or more thermostats in communication with a server, is provided. The method may include operating at least one thermostat to transmit geographical data of the at least one thermostat and request for environmental data to the server. The server operating to analyze the geographical data and to determine whether one or more thermostats are within close proximity to the requesting thermostat based at least in part on the geographical data. The server operating to obtain proximate environmental data based at least in part on the geographical area and transmit the proximate environmental data to the at least one thermostat.);
obtaining one or more current temperature values associated with the at least one HVAC device, wherein each of the one or more current temperature values, associated with a respective HVAC device of the at least one HVAC device, is measured at a respective second location of the corresponding HVAC device (0012 “a method for obtaining outside air temperature for an HVAC system including one or more thermostats in communication with a server, is provided. The method may include operating at least one thermostat to transmit geographical data of the at least one thermostat and request for environmental data to the server. The server operating to analyze the geographical data and to determine whether one or more thermostats are within close proximity to the requesting thermostat based at least in part on the geographical data. The server operating to obtain proximate environmental data based at least in part on the geographical area and transmit the proximate environmental data to the at least one thermostat.);;
and estimating the outside air temperature for the first device based on the one or more current temperature values measured at the respective second location of each of the at least one HVAC device (0019 “the system controller is further configured to transmit a request for proximate environmental data from a server and receive the proximate environmental data from the server.”).
Regarding claim 2, the cited prior art teach The method of claim 1.
Gottumukkala teaches wherein the first device is an HVAC device without an outside air temperature sensor (0018 “system may include an HVAC system including a system controller, and at least one environmental sensor in communication with the system controller. The system further includes a server in communication with the HVAC system, wherein the system controller is configured to determine a state of the at least one environmental sensor. And based at least in part on the state of the at least one environmental sensor being a failure state, the system controller obtains proximate environmental data from the server and operates the HVAC system according to the proximate environmental data”).
Regarding claim 3, the cited prior art teach The method of claim 1.
Gottumukkala teaches wherein the outside air temperature sensor is a thermistor.
Regarding claim 4, the cited prior art teach The method of claim 1.
Gottumukkala teaches further comprising: transmitting the estimated outside air temperature to the first device, wherein the estimated outside air temperature corresponds to a real-time temperature of the first location associated with the first device (0039 “requesting thermostat 202 and proximate thermostats 204 include sensors capable of obtaining environmental data, such as outside air temperature (OAT) data and humidity data to name a couple of non-limiting examples. This environmental data is utilized for adjusting parameters for the HVAC system. For example, to maintain a constant inside temperature in a residential home, as outside air temperatures increase, the thermostats can engage the HVAC system to keep the temperature on the inside constant. The sensors can sometimes fail or malfunction which can cause performance issues related to the HVAC system. In the case of a sensor failure for a requesting thermostat 202, the controller can transmit a request for OAT data and humidity data from the server 210. This request can include location data associated with the requesting thermostat 202 such as global positioning system (GPS) data which indicates the location of the requesting thermostat within a geographic area. Based on this request for OAT data and humidity data, the server 210 can transmit proximate OAT data and humidity data for the particular geographic area of the requesting thermostat 202. This proximate OAT data can be obtained by the server 210 from the proximate thermostats 204 that are based in the same geographic area as the requesting thermostat 202”).
Regarding claim 5, the cited prior art teach The method of claim 1.
Gottumukkala teaches wherein obtaining the current temperature comprises: transmitting, in real-time, a request to one or more of the at least one HVAC device to obtain a corresponding current temperature value of the one or more current temperature values; and receiving the corresponding current temperature value from the one or more HVAC devices based on a real-time measurement of temperature using a respective outside air temperature sensor associated with each of the one or more HVAC devices (0039 “requesting thermostat 202 and proximate thermostats 204 include sensors capable of obtaining environmental data, such as outside air temperature (OAT) data and humidity data to name a couple of non-limiting examples. This environmental data is utilized for adjusting parameters for the HVAC system. For example, to maintain a constant inside temperature in a residential home, as outside air temperatures increase, the thermostats can engage the HVAC system to keep the temperature on the inside constant. The sensors can sometimes fail or malfunction which can cause performance issues related to the HVAC system. In the case of a sensor failure for a requesting thermostat 202, the controller can transmit a request for OAT data and humidity data from the server 210. This request can include location data associated with the requesting thermostat 202 such as global positioning system (GPS) data which indicates the location of the requesting thermostat within a geographic area. Based on this request for OAT data and humidity data, the server 210 can transmit proximate OAT data and humidity data for the particular geographic area of the requesting thermostat 202. This proximate OAT data can be obtained by the server 210 from the proximate thermostats 204 that are based in the same geographic area as the requesting thermostat 202”).
Regarding claim 9, the cited prior art teach The method of claim 1.
Gottumukkala teaches wherein: identifying the at least one HVAC device comprises identifying two or more HVAC devices within the predefined distance of the first device; obtaining the one or more current temperature values comprises obtaining two or more current temperature values associated with each identified HVAC device; and the method further comprises: determining an average of the obtained two or more current temperature values; and estimating the outside air temperature for the first device based on the determined average (0041 “the profile can include an address or zip code for the requesting thermostat 202. Then the request for environmental data is sent to the server 210, the server 210 can access the profile and return environmental data to the requesting thermostat 202 based on the profile data. In one or more embodiments, the proximate thermostats 204 can have profiles including address, zip code, or other geographical data. The server 210, when pulling environmental data from the proximate thermostats 204 can identify the proximate thermostat 204 closest to the requesting thermostat 202. In one or more embodiments, the server 210 can identify multiple proximate thermostats 204 within a certain geographic region and take an average of the OAT data and send to the requesting thermostat 202”).
Regarding claim 14, the cited prior art teach The method of claim 1.
Gottumukkala teaches further comprising: receiving a user input at the first device to configure a temperature offset at a first location of the first device; obtaining the one or more current temperature values associated with the at least one HVAC device; and estimating the outside air temperature for the first device based on the one or more obtained current temperature values and the temperature offset ((0041 “the profile can include an address or zip code for the requesting thermostat 202. Then the request for environmental data is sent to the server 210, the server 210 can access the profile and return environmental data to the requesting thermostat 202 based on the profile data. In one or more embodiments, the proximate thermostats 204 can have profiles including address, zip code, or other geographical data. The server 210, when pulling environmental data from the proximate thermostats 204 can identify the proximate thermostat 204 closest to the requesting thermostat 202. In one or more embodiments, the server 210 can identify multiple proximate thermostats 204 within a certain geographic region and take an average of the OAT data and send to the requesting thermostat 202”).
Claims 15-17 and 20 are rejected using similar reasoning as the rejection of claims 1-14 due to reciting similar limitations but directed towards a system.
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(s) 6 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gottumukkala (US PUB. 20190301760) in view of Roh et al (US PUB. 20120246261, herein Roh).
Regarding claim 6, the cited prior art teach The method of claim 1.
Gottumukkala teaches wherein obtaining the one or more current temperature values comprises: obtaining the one or more current temperature values of the at least one HVAC device stored at a database (0041 “the server 210 obtains environmental data (e.g., OAT data and humidity data) from the closest proximate thermostat 204 to the requesting thermostat 202. The requesting thermostat 202 location can be included in a profile of the requesting thermostat 202 when installed by a technician. For example, the profile can include an address or zip code for the requesting thermostat 202. Then the request for environmental data is sent to the server 210, the server 210 can access the profile and return environmental data to the requesting thermostat 202 based on the profile data. In one or more embodiments, the proximate thermostats 204 can have profiles including address, zip code, or other geographical data. The server 210, when pulling environmental data from the proximate thermostats 204 can identify the proximate thermostat 204 closest to the requesting thermostat 202. In one or more embodiments, the server 210 can identify multiple proximate thermostats 204 within a certain geographic region and take an average of the OAT data and send to the requesting thermostat 202.”).
Gottumukkala does not teach wherein the one or more current temperature values are received within a predefined period of time measured from a time of receiving the request.
Roh teaches wherein the one or more current temperature values are received within a predefined period of time measured from a time of receiving the request (0021 “the maximum allowable amount of time that may elapse from a point in time at which the sensor data is generated to a time defined by the user, and the receiving may comprise receiving sensor data that is used to process the user request based on whether the time elapsed from the generation time of the received sensor data to the time defined by the user is within the allowable delay limit.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the teachings of Gottumukkala with the teachings of Roh since Roh teaches a means for “for transmitting only sensor data actually used to process a user request among sensor data received from a sensor when communication restarts between a sensor data management device and a sensor data analysis device…the amount of data transmitted to the sensor data analysis device is reduced” (abstract).
Claims 18 are rejected using similar reasoning as the rejection of claims 6 due to reciting similar limitations but directed towards a method.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gottumukkala (US PUB. 20190301760) in view of Monnin et al (US PUB. 20220178855, herein Monnin).
Regarding claim 7, the cited prior art teach The method of claim 1.
Gottumukkala teaches further comprising: receiving, over a predefined period of time, the one or more current temperature values measured at respective second locations of each of the at least one HVAC device wherein the at least one HVAC device comprises a first HVAC device and a second HVAC device (0035 “The OAT sensor determines outside air temperatures for utilization in the HVAC system. When an OAT sensor malfunctions and needs to be replace, the HVAC system is, typically, still being utilized. Replacement and installation can take days to schedule a part and a technician to arrive on site and service the OAT sensor. Currently, HVAC systems utilize an on-board thermistor to “back-up” the OAT sensor during failure. However, thermistors can be in-accurate and can cause performance issues with the HVAC system.”);
The cited prior art do not teach correlating the one or more current temperature values measured at respective second locations of the first HVAC device and the second HVAC device with respect to a predefined threshold value; and determining that the outside air temperature sensor associated with one of the first HVAC device and the second HVAC device is malfunctioning based on the output of the correlating step.
Monnin teaches correlating the one or more current temperature values measured at respective second locations of the first HVAC device and the second HVAC device with respect to a predefined threshold value; and determining that the outside air temperature sensor associated with one of the first HVAC device and the second HVAC device is malfunctioning based on the output of the correlating step (0036 “processing circuitry may comprise a memory in which at least one lookup table is stored, the lookup table correlating at least one measured quantity with the fluid parameter. The measured quantity may be, e.g., a temperature value, an average of different temperature values, a temperature difference, a temperature ratio, a resistance value, an average of different resistance values, a resistance difference, a resistance ratio, a time lag, a phase difference etc. The values stored in the lookup table may have been determined beforehand by a calibration procedure using fluids having known values of the fluid parameter”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the teachings of Gottumukkala with the teachings of Monnin since Monnin teaches “reliably detect sensor faults that might compromise accuracy of the determined fluid parameter” (0011).
Claim(s) 10-11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gottumukkala (US PUB. 20190301760) in view of Heintzelman et al (US PUB. 20200116375, herein Heintzelman).
Regarding claim 10, the cited prior art teach The method of claim 1.
Gottumukkala teaches wherein: identifying the at least one HVAC device comprises identifying two or more HVAC devices within the predefined distance of the first device; obtaining the one or more current temperature values comprises obtaining two or more current temperature values associated with each identified HVAC device (0041).
The cited prior art do not teach the method further comprises: determining a weighted average of the obtained two or more current temperature values by applying a weight on the obtained two or more current temperature values associated with each identified HVAC device based on a distance of each identified HVAC device from the first device and calculating an average of the weighted temperature values; and estimating the outside air temperature for the first device based on the calculated weighted average.
Heintzelman teaches the method further comprises: determining a weighted average of the obtained two or more current temperature values by applying a weight on the obtained two or more current temperature values associated with each identified HVAC device based on a distance of each identified HVAC device from the first device and calculating an average of the weighted temperature values; and estimating the outside air temperature for the first device based on the calculated weighted average (0063 “control temperature that is a weighted combination of two or more of the current temperatures being reported by the plurality of sensors. In some instances, the weighted combination is a weighted average of two or more of the current temperatures being reported by the plurality of sensors. The controller 118 may repeatedly receive, via the input 116, updated current temperatures from each of the plurality of sensors, and the controller 118 may be configured to utilize the updated current temperatures to produce an updated control temperature.”, 0070 “controller 118 may be configured to control an HVAC system servicing the space in order to drive the control temperature towards a temperature set point. The control temperature is influenced by the current temperature provided by at least one of the plurality of sensors where occupancy is indicated in the space in which the particular sensor is located, and wherein the control temperature is increasingly influenced over time with continued occupancy. In some cases, the controller 118 may be configured to track a relative priority rating for at least two of the plurality of sensors and to provide more weight to the current temperatures reported by those of the at least two of the plurality of sensors that have a higher relative priority rating and are in currently occupied spaces than those of the at least two of the plurality of sensors that have a lower relative priority rating and are in currently occupied spaces. In some cases, the controller 118 may be configured to provide less or no weight to the current temperatures reported by those of the plurality of sensors that are in currently unoccupied spaces”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the teachings of Gottumukkala with the teachings of Heintzelman since Heintzelman teaches a means for comfort temperature while maintaining energy savings (0004).
Regarding claim 11, the cited prior art teach The method of claim 1.
Gottumukkala teaches wherein: identifying the at least one HVAC device comprises identifying two or more HVAC devices within the predefined distance of the first device; obtaining the one or more current temperature values comprises obtaining two or more current temperature values associated with each identified HVAC device (0041).
The cited prior art do not teach the method further comprises: identifying a characteristic of each identified HVAC device and the first device by applying a machine learning (ML) model; determining a weighted average of the obtained two or more current temperature values by assigning a weight to the obtained two or more current temperature values associated with each identified HVAC device based on the identified characteristic and determining the average of the weighted temperature values; and estimating the outside air temperature for the first device based on the determined weighted average.
Heintzelman teaches the method further comprises: identifying a characteristic of each identified HVAC device and the first device by applying a machine learning (ML) model; determining a weighted average of the obtained two or more current temperature values by assigning a weight to the obtained two or more current temperature values associated with each identified HVAC device based on the identified characteristic and determining the average of the weighted temperature values; and estimating the outside air temperature for the first device based on the determined weighted average (0063 “control temperature that is a weighted combination of two or more of the current temperatures being reported by the plurality of sensors. In some instances, the weighted combination is a weighted average of two or more of the current temperatures being reported by the plurality of sensors. The controller 118 may repeatedly receive, via the input 116, updated current temperatures from each of the plurality of sensors, and the controller 118 may be configured to utilize the updated current temperatures to produce an updated control temperature.”, 0070 “controller 118 may be configured to control an HVAC system servicing the space in order to drive the control temperature towards a temperature set point. The control temperature is influenced by the current temperature provided by at least one of the plurality of sensors where occupancy is indicated in the space in which the particular sensor is located, and wherein the control temperature is increasingly influenced over time with continued occupancy. In some cases, the controller 118 may be configured to track a relative priority rating for at least two of the plurality of sensors and to provide more weight to the current temperatures reported by those of the at least two of the plurality of sensors that have a higher relative priority rating and are in currently occupied spaces than those of the at least two of the plurality of sensors that have a lower relative priority rating and are in currently occupied spaces. In some cases, the controller 118 may be configured to provide less or no weight to the current temperatures reported by those of the plurality of sensors that are in currently unoccupied spaces”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the teachings of Gottumukkala with the teachings of Heintzelman since Heintzelman teaches a means for comfort temperature while maintaining energy savings (0004).
Regarding claim 13, the cited prior art teach The method of claim 1.
Gottumukkala teaches wherein: identifying the at least one HVAC device comprises identifying two or more HVAC devices within the predefined distance of the first device; obtaining the one or more current temperature values comprises obtaining two or more current temperature values associated with each identified HVAC device; the method further comprises: determining whether a user input is received to prioritize at least one HVAC device from the two or more identified HVAC devices to estimate the outside temperature for the first device (0042 “server 210 can obtain data about geographic regions where a requesting thermostat 202 and proximate thermostats 204 are located. For example, certain regions might have elevated pollution levels because there is a highway nearby. Or a region might have elevated heat because of the presence of excessive asphalt in the area. Urban areas may have elevated temperatures versus rural areas, as well. The server 210, when collecting environmental data from proximate thermostats 204 can utilize this data about the geographic regions. For example, the server 210 might have access to two proximate thermostats 204 that are substantially equidistance from the requesting thermostat 202. However, one proximate thermostat might be located in a densely populated town or city and the other proximate thermostat might be located in a lightly populated rural area. Based on the geographic region of the requesting thermostat 202, the server 210 can return the OAT data that best matches the geographic location of the requesting thermostat 202. For example, the requesting thermostat 202 can be located in an area with a lot tree cover and vegetation that would return cooler temperatures as compared to an area that has very little vegetation. A proximate thermostat 204 in a similar area (e.g., lush vegetation) would be utilized to provide OAT data to the requesting thermostat 202.”).
The cited prior art do not teach and determining a weighted average of the obtained two or more current temperature values by assigning a weight to the obtained two or more current temperature values associated with each identified HVAC device, wherein a weight assigned to the prioritized HVAC device is higher than another weight assigned to non-prioritized HVAC identified devices; and estimating the outside air temperature for the first device based on the determined weighted average.
Heintzelman teaches and determining a weighted average of the obtained two or more current temperature values by assigning a weight to the obtained two or more current temperature values associated with each identified HVAC device, wherein a weight assigned to the prioritized HVAC device is higher than another weight assigned to non-prioritized HVAC identified devices; and estimating the outside air temperature for the first device based on the determined weighted average (0063 “control temperature that is a weighted combination of two or more of the current temperatures being reported by the plurality of sensors. In some instances, the weighted combination is a weighted average of two or more of the current temperatures being reported by the plurality of sensors. The controller 118 may repeatedly receive, via the input 116, updated current temperatures from each of the plurality of sensors, and the controller 118 may be configured to utilize the updated current temperatures to produce an updated control temperature.”, 0070 “controller 118 may be configured to control an HVAC system servicing the space in order to drive the control temperature towards a temperature set point. The control temperature is influenced by the current temperature provided by at least one of the plurality of sensors where occupancy is indicated in the space in which the particular sensor is located, and wherein the control temperature is increasingly influenced over time with continued occupancy. In some cases, the controller 118 may be configured to track a relative priority rating for at least two of the plurality of sensors and to provide more weight to the current temperatures reported by those of the at least two of the plurality of sensors that have a higher relative priority rating and are in currently occupied spaces than those of the at least two of the plurality of sensors that have a lower relative priority rating and are in currently occupied spaces. In some cases, the controller 118 may be configured to provide less or no weight to the current temperatures reported by those of the plurality of sensors that are in currently unoccupied spaces”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the teachings of Gottumukkala with the teachings of Heintzelman since Heintzelman teaches a means for comfort temperature while maintaining energy savings (0004).
Conclusion
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/TAMEEM D SIDDIQUEE/
Primary Examiner
Art Unit 2116
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