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 .
Claim Objections
Claim 3 is objected to because of the following informalities: At line 4 of the claim, the comma following “pump” should be removed. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “HVAC device” in claims 12-14.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
For the record, “HVAC device” has been interpreted according to the corresponding structure described in the specification (see para. 0066) as being a heat pump, or equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 10 is 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.
Claim 10 recites the limitation "the second predefined temperature" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim. (While this limitation was introduced at claim 7, claim 10 does not depend from claim so does not incorporate that recitation.)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 6-9, 12-13, 15-16, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosen (US 2010/0243231 A1) in view of Shaffer er al. (US 2023/0138109 A1).
As per claim 1, Rosen discloses a system for controlling operation of a heat pump 104 configured with an electric heater (resistive heater 105), the system comprising; an occupancy sensor 103 positioned in an area of interest 120 and operable to detect presence or absence of one or more occupants within the AOI; and a controller 101 in communication with the occupancy sensor, the heat pump, and the electric heater (Fig. 1), wherein the controller comprises one or more processors coupled to a memory storing instructions executable by the one or more processors (para. 0073), and configured to: receive data pertaining to a first predefined temperature for the AOI (setpoint temperature setting mechanism 115); monitor real-time temperature of the air in the AOI (via sensor 102); detect, using the occupancy sensor, presence of the one or more occupants within the AOI (paras. 0008-0010; 0016-0024; etc.); and operate, upon detecting the presence of the one or more occupants within the AOI, the heat pump and/or the electric heater to adjust the temperature of the air in to the AOI to the first predefined temperature (para. 0035; etc.). Rosen teaches the controlled temperature being the inside temperature rather than the supply temperature, and also does not explicitly teach enabling air through the heat pump and the electric heater. Shaffer et al. teach an occupancy-based heat pump arrangement comprising controlling the heat pump according to a supply air temperature (Abstract; paras. 0004, 0007-0008, 0041-0042; etc.), and also teaching a blower 42 for moving the heated air into the target space. It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to similarly control the supply air temperature within the system, since as noted in Shaffer et al. the supply air temperature and indoor temperature are closely correlated (para. 0004), and further to provide more direct control of the heating output. Also, it would have been obvious to one of ordinary skill in the art at the effective filing date of the application to similarly provide a blower within the system of Rosen for the simple purpose of effectively sending the conditioned air into the target space.
As per claim 2, Rosen discloses the concept of the controller stopping the operation of the electric heater upon detecting the absence of the one or more occupants within the AOI (paras. 0015, 0017, 0035, 0077).
As per claim 3, Rosen discloses wherein when the monitored real-time temperature of the air being supplied to the AOI is detected to be less than the first predefined temperature and upon detecting the presence of the one or more occupants within the AOI, the controller is configured to operate both of the heat pump and the electric heater to adjust the temperature of the air being supplied to the AOI to the first predefined temperature (para. 0035 – particularly line 1 re. being occupied and lines 9-13 re. operating both the heat pump and heater if necessary) (again, see claim 1 re. relationship between the indoor temperature and the supply temperature).
As per claim 6, Rosen does not teach wherein the system comprises a variable speed fan configured with the electric heater or the heat pump, wherein the fan is in communication with the controller and is configured to adjust the speed of the fan, based on a temperature of the air being supplied to the AOI. Shaffer et al. teach the system comprises a variable speed fan configured with the electric heater or the heat pump, wherein the fan is in communication with the controller and is configured to adjust the speed of the fan, based on a temperature of the air being supplied to the AOI (paras. 0030, 0054-0056; etc.). It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to similarly control a fan within the system of Rosen for the same purpose of controlling the amount of heat exchange in order to achieve the desired amount of heating into the target space.
As per claim 7, Rosen discloses wherein the system comprises a thermostat 100, wherein the thermostat is configured to enable the one or more occupants to set temperature to be maintained within the AOI (via setting apparatus 115). While Rosen does not specifically teach the thermostat being positioned within the AOI, official notice is taken that it typical and common to place a thermostat within the areas being conditioned, and would have been obvious to one of ordinary skill in the art at the effective filing date of the application to do so within the system of Rosen for the simple purpose of user convenience.
As per claim 8, Rosen does not teach wherein the controller is configured to adjust heating capacity of the heat pump and/or the electric heater based on the real-time temperature of the air being supplied to the AOI and the first predefined temperature for the air to be supplied to the AOI. Shaffer et al. teach adjusting heating capacity of the heat pump and based on the real-time temperature of the air being supplied to the AOI and the first predefined temperature for the air to be supplied to the AOI (paras. 0057-0058, etc. re. controlling heating capacity to increase the air discharge temperature). It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to similarly control the heat pump or heater of Rosen for the same basic purpose of providing a desired amount of heating according to the occupation status of the controlled space.
As per claim 9, Rosen does not teach wherein the electric heater is configured downstream of the heating coil of the heat pump. Hwang et al. teach the concept of locating electric heater 115 downstream of heating coil 110. It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to similarly place the electric heater downstream of the heating coil of Rosen for the same purpose of enhancing heating performance (para. 0118; etc.).
As per claim 12, Rosen discloses a system for controlling operation of an HVAC device 104 configured with an electric heater (resistive heater 105), the system comprising; an occupancy sensor 103 positioned in an area of interest 120 and operable to detect presence or absence of one or more occupants within the AOI; and a controller 101 in communication with the occupancy sensor, the heat pump, and the electric heater (Fig. 1), wherein the controller comprises one or more processors coupled to a memory storing instructions executable by the one or more processors (para. 0073), and configured to: receive data pertaining to a first predefined temperature for the AOI (setpoint temperature setting mechanism 115); monitor real-time temperature of the air in the AOI (via sensor 102); detect, using the occupancy sensor, presence of the one or more occupants within the AOI (paras. 0008-0010; 0016-0024; etc.); and operate, upon detecting the presence of the one or more occupants within the AOI, the heat pump and/or the electric heater to adjust the temperature of the air in to the AOI to the first predefined temperature (para. 0035; etc.). Rosen further discloses the concept of stopping the operation of the electric heater upon detecting the absence of the one or more occupants within the AOI (paras. 0015, 0017, 0035, 0077). Rosen teaches the controlled temperature being the inside temperature rather than the supply temperature, and also does not explicitly teach enabling air through the heat pump and the electric heater. Shaffer et al. teach an occupancy-based heat pump arrangement comprising controlling the heat pump according to a supply air temperature (Abstract; paras. 0004, 0007-0008, 0041-0042; etc.), and also teaching a blower 42 for moving the heated air into the target space. It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to similarly control the supply air temperature within the system, since as noted in Shaffer et al. the supply air temperature and indoor temperature are closely correlated (para. 0004), and further to provide more direct control of the heating output. Also, it would have been obvious to one of ordinary skill in the art at the effective filing date of the application to similarly provide a blower within the system of Rosen for the simple purpose of effectively sending the conditioned air into the target space.
As per claim 13, Rosen discloses wherein when the monitored real-time temperature of the air being supplied to the AOI is detected to be less than the first predefined temperature and upon detecting the presence of the one or more occupants within the AOI, the controller is configured to operate the HVAC device in a heating mode to increase the temperature of the air being supplied to the AOI to the first predefined temperature (See for example Fig. 5, where when space becomes occupied the space is heated to reach the occupied setpoint (from point 503 to point 507)).
As per claim 15, a method for controlling operation of a heat pump 104 configured with an electric heater 105, the method comprising the steps of; detecting, by an occupancy sensor 103, presence or absence of one or more occupants within an area of interest 120; receiving, by a controller 101, data pertaining to a first predefined temperature for air (via temperature setting mechanism 115); monitoring, by the controller, real-time temperature of the air (via sensor 102); operating, by the controller, upon detecting the presence of the one or more occupants within the AOI (via sensor 103), the heat pump and/or the electric heater to adjust the temperature of the air being supplied to the AOI to the first predefined temperature (para. 0035; etc.); and stopping, by the controller, the operation of the electric heater upon detecting the absence of the one or more occupants within the AOI (again, taught in paras. 0015, 0017, 0035, 0077). Rosen teaches the controlled temperature being the inside temperature rather than the supply temperature, and also does not explicitly teach enabling air through the heat pump and the electric heater. Shaffer et al. teach an occupancy-based heat pump arrangement comprising controlling the heat pump according to a supply air temperature (Abstract; paras. 0004, 0007-0008, 0041-0042; etc.), and also teaching a blower 42 for moving the heated air into the target space. It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to similarly control the supply air temperature within the system, since as noted in Shaffer et al. the supply air temperature and indoor temperature are closely correlated (para. 0004), and further to provide more direct control of the heating output. Also, it would have been obvious to one of ordinary skill in the art at the effective filing date of the application to similarly provide a blower within the system of Rosen for the simple purpose of effectively sending the conditioned air into the target space.
As per claim 16, see similar claim 13, above.
As per claim 19, see similar claim 6, above.
As per claim 20, see similar claim 8, above.
Claim(s) 5, 10-11, 14, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosen (US 2010/0243231 A1) in view of Shaffer er al. (US 2023/0138109 A1), and further in view of Olson et al. (US 2021/0372648 A1).
As per claim 5, Rosen does not teach wherein when the monitored real-time temperature of the air being supplied to the AOI is detected to be greater than the first predefined temperature, the controller is configured to reduce or stop the operation of the electric heater while allowing the supply of air into the AOI. Olson et al. teach stopping operation of a heat pump and auxiliary heater when the interior space reaches than a set temperature (para. 0122, etc.). It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to similarly stop the heating operation of the heat pump and heater of Rosen once the interior temperature reaches a set temperature, since the desired interior has been reached and no further heating is necessary. Further, allowing the supply of air into the AOI is further considered a simple mechanical expedient that would have been obvious to one of ordinary skill in the art at the effective filing date of the application for the simple purpose of providing ventilated fresh air into the space even though not heating is required.
As per claim 10, Rosen does not teach wherein when the monitored real-time temperature within the AOI is detected to be greater than the second predefined temperature, the controller is configured to stop the operation of the heat pump and the electric heater. Olson et al. teach stopping operation of a heat pump and auxiliary heater when the interior space reaches than a set temperature (para. 0122, etc.). It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to similarly stop the heating operation of the heat pump and heater of Rosen once the interior temperature reaches a set temperature, since the desired interior has been reached and no further heating is necessary.
As pe claim 11, Rosen discloses wherein the system comprises a temperature sensor 102 positioned in the AOI, wherein the temperature sensor is configured to monitor the real-time temperature of the air being supplied to the AOI (Fig. 1, etc.). Rosen does not explicitly teach the conditioned air being introduced through a duct system. Olson teaches as system wherein the conditioned air from the heat pump and heater is directed into the control space via a duct system (150A, 150B). It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to similarly provide a duct system in the system of Rosen for the simple purpose of effectively directing the conditioned air into the control space.
As per claim 14, Rosen does not teach wherein when the monitored real-time temperature of the air being supplied to the AOI is detected to be greater than the first predefined temperature and upon detecting the presence of the one or more occupants within the AOI, the controller is configured to stop or reduce the operation of the electric heater and further operate the HVAC device in a cooling mode to decrease the temperature of the air being supplied to the AOI to the first predefined temperature. Olson et al. teach controlling the system to operate alternatively in a cooling or heating mode as appropriate (para. 0059). One of ordinary skill in the art would have clearly understood that, when the detected temperature is above the target temperature, cooling is appropriate. Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the application to operate the heat pump of Rosen in a cooling mode when the sensed temperature is above the target temperature when the space is occupied in order to provide the desired temperature within the controlled space.
As per claim 18, see similar claim 10, above.
Allowable Subject Matter
Claims 4 and 17 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
As per claims 4 and 17, there is no teaching or suggestion in the prior art to further modify the system of Rosen wherein when the monitored real-time temperature of the air being supplied to the AOI is detected to be less than the first predefined temperature and upon detecting the absence of the one or more occupants within the AOI, the controller is configured to stop the operation of the electric heater and operate the heat pump to increase the temperature of the air within the AOI.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC E NORMAN whose telephone number is (571)272-4812. The examiner can normally be reached 8:00-4:30 M-F.
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, Frantz Jules can be reached at 571-272-6681. 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.
/MARC E NORMAN/Primary Examiner, Art Unit 3763
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763