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 .
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 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.
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, line 3; the phrase “a collection of equipment” should be changed to --the collection of equipment-- for proper antecedent basis.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
2. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1 is rejected under 35 U.S.C. 101 because, Step-2A Analysis - Well known device used with mathematical calculations. The predictive controller for a collection equipment that consumes electricity comprising one or more processing circuits configured to control electric energy of a collection equipment that consumes electricity comprises building equipment configured to control an environment of the building” appears to be well known device used in the art as illustrated by the disclosure of prior art Wenzel et al (U.S. PG Pub No.: 2013/0085614 A1); and Step 2B analysis - Well known device is used to apply mathematical calculations by using the calculation steps of “use a predictive cost function to determine a first amount of the electric energy supplied from an energy grid source and a second amount of the electric energy supplied from a second energy source to the collection of equipment.” Which is directed to mathematical calculation or mental process that is not affecting of impacting the system.
Claims 2-10 are also rejected for depending on claim 1.
Claim 11 is rejected under 35 U.S.C. 101 because, Step-2A Analysis - Well known device used with mathematical calculations. The predictive controller for a collection equipment that consumes electricity comprising one or more processing circuits configured to control electric energy of a collection equipment that consumes electricity comprises building equipment configured to control an environment of the building” appears to be well known device used in the art as illustrated by the disclosure of prior art Wenzel et al (U.S. PG Pub No.: 2013/0085614 A1).
Step 2B analysis - Well known device is used to apply mathematical calculations by using the calculation steps of “use a predictive cost function to determine a first amount of the electric energy supplied from an energy grid source and a second amount of the electric energy supplied from a second energy source to the collection of equipment.” Which is directed to mathematical calculation or mental process that is not affecting of impacting the system.
Claims 12-18 are also rejected for depending on claim 11.
Claim Rejections - 35 USC § 102
3. 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 1-5, 7-15 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wenzel et al (U.S. PG Pub No.: 2013/0085614 A1), hereinafter referred to as Wenzel et al ‘614.
Regarding claim 1, Wenzel et al ‘614 a predictive controller (106) for a collection of equipment (128) that consumes electric energy in a building (128), the predictive controller comprising one or more processing circuits (152) configured to: control electric energy (109) used by the collection of equipment that consumes electricity, wherein the collection of equipment that consumes electricity comprises building equipment (140) configured to control an environment (zone or floor or room) in the building {see Figs. 1A, 1B, 2-3: Abstract, ¶¶ [0002], [0005], [0021], [0023], [0025-0026], [0037], [0048], [0050] and [0053-0055]}; and use a predictive cost function to determine a first amount of the electric energy supplied from an energy grid source (104) and a second amount of the electric energy supplied from a second energy source (122) to the collection of equipment {see ¶¶ [0002-0004], [0010], [0025], [0030], [0047], [0053-0055], [0076], [0091] and [0110]}.
Regarding claim 2, Wenzel et al ‘614 disclose the predictive controller of Claim 1, herein battery the predictive cost function accounts for: a cost of the first amount of the electric energy supplied from the energy grid source at each time step of a time period {see ¶ [0079]}; and a cost savings resulting from using the second amount of the electric energy from the second energy source at each time step of the time period {see ¶ [0054], [0076] and [0079]}.
Regarding claim 3, Wenzel et al ‘614 disclose the predictive controller of Claim 1, wherein the second energy source comprises at least one of: a battery configured to store and discharge the second amount of the electric energy for use by the building equipment {see ¶ [0048]}; or renewable energy generation equipment configured to generate the second amount of the electric energy from a renewable energy source {see ¶ [0021], [0055], [0057] and 0076]}.
Regarding claim 4, Wenzel et al ‘614 disclose the predictive controller of Claim 1, wherein the second energy source comprises a second energy grid source (104) configured to: generate the second amount of the electric energy in a manner that produces less carbon emissions per unit of the second amount of the electric energy than produced when generating the first amount of the electric energy{see ¶¶ [0027], [0050], [0053-0055]}; or offset the carbon emissions produced when generating the second amount of the electric energy {see ¶¶ [0004], [0054-0055], and [0066]}.
Regarding claim 5, Wenzel et al ‘614 disclose the predictive controller of Claim 1, wherein the predictive cost function comprises a carbon emissions control objective indicating an amount of carbon emissions associated with operating the building equipment using at least one of the first amount of the electric energy supplied from the energy grid source or the second amount of the electric energy supplied from the second energy source {see ¶¶ [0050], [0062] and [0066]}.
Regarding claim 7, Wenzel et al ‘614 disclose the predictive controller of Claim 1, wherein the predictive cost function comprises an occupant comfort control objective indicating occupant comfort associated with operating the building equipment using at least one of the first amount of the electric energy supplied from the energy grid source or the second amount of the electric energy supplied from the second energy source {see ¶¶ [0021], [0025], [0034], [0036], 0048-0049], [0054] and [0089-0090]}.
Regarding claim 8, Wenzel et al ‘614 disclose the predictive controller of Claim 1, wherein the predictive cost function comprises a monetary cost control objective indicating a monetary cost associated with operating the building equipment using at least one of the first amount of the electric energy supplied from the energy grid source or the second amount of the electric energy supplied from the second energy source {see ¶¶ [0004], [0048-0049], [0053], [0055],[0076], [0079-0080] and [0091]}.
Regarding claim 9, Wenzel et al ‘614 disclose the predictive controller of Claim 1, wherein the predictive cost function accounts for a demand charge based on a maximum power consumption of the building equipment during a demand charge period that overlaps at least partially with an optimization period [see ¶¶ [0005], [0007], [0047-0048], [0056] and [0079]}; wherein the predictive controller is configured to receive energy pricing data defining the demand charge and to use the energy pricing data as inputs to the predictive cost function {see ¶¶ [0053], [0056], [0064] and [0091]}.
Regarding claim 10, Wenzel et al ‘614 disclose the predictive controller of Claim 1, wherein the one or more processing circuits are remote from the building equipment and communicate with the building equipment via a communications bus or network {see ¶¶ [0025], [0027], [0030-0031], [0047], [0050-0051], [0053] and [0064], [0071] and 0073]}.
Regarding claim 11, Wenzel et al ‘614 disclose a system (100) for a building comprising one or more powered components (128) configured to use electric energy (109), the system comprising: a predictive controller (106) configured to use a predictive cost function to determine a first amount of the electric energy supplied from an energy grid source (104) and a second amount of electric energy supplied from a second energy source (122) to the one or more powered components {see Figs. 1A, 1B, 2-3: Abstract, ¶¶ [0002-0005], [0010], [0023], [0025], [0030], [0047], [0053-0055], [0076], [0091] and [0110]}.
Regarding claim 12, Wenzel et al ‘614 disclose the system of Claim 11, wherein the predictive cost function accounts for: a cost of the first amount of the electric energy supplied from the energy grid source at each time step of a time period {see ¶ [0079]}; and a cost savings resulting from using a second amount of the electric energy from the second energy source at each time step of the time period {see ¶ [0054], [0076] and [0079]}.
Regarding claim 13, Wenzel et al ‘614 disclose the system of Claim 11, wherein the second energy source comprises at least one of: a battery configured to store and discharge a second amount of the electric energy for use by the one or more powered components {see ¶ [0048]}; or renewable energy generation equipment configured to generate the second amount of the electric energy from a renewable energy source {see ¶ [0021], [0055], [0057] and 0076]}.
Regarding claim 14, Wenzel et al ‘614 disclose the system of Claim 11, wherein the second energy source comprises a second energy grid source (104) configured to: Generate a second amount of the electric energy in a manner that produces less carbon emissions per unit of the second amount of the electric energy than produced when generating the first amount of the electric energy {see ¶¶ [0027], [0050], [0053-0055]}; or offset the carbon emissions produced when generating the second amount of the electric energy {see ¶¶ [0004], [0054-0055], and [0066]}.
Regarding claim 15, Wenzel et al ‘614 disclose the system of Claim 11, wherein the predictive cost function comprises a carbon emissions control objective indicating an amount of carbon emissions associated with operating the one or more powered components using at least one of the first amount of the electric energy supplied from the energy grid source or a second amount of the electric energy supplied from the second energy source {see ¶¶ [0050], [0062] and [0066]}.
Regarding claim 17, Wenzel et al ‘614 disclose the system of Claim 11, wherein the predictive cost function comprises an occupant comfort control objective indicating occupant comfort associated with operating the one or more powered components using at least one of the first amount of the electric energy supplied from the energy grid source or a second amount of the electric energy supplied from the second energy source {see ¶¶ [0021], [0025], [0034], [0036], 0048-0049], [0054] and [0089-0090]}.
Regarding claim 18, Wenzel et al ‘614 disclose the system of Claim 11, wherein the predictive cost function comprises a monetary cost control objective indicating a monetary cost associated with operating the one or more powered components using at least one of the first amount of the electric energy supplied from the energy grid source or a second amount of the electric energy supplied from the second energy source {see ¶¶ [0004], [0048-0049], [0053], [0055], [0076], [0079-0080] and [0091]}.
Regarding claim 19, Wenzel et al ‘614 disclose a method for a building comprising one or more powered components (128) configured to use electric energy (109), the one or more powered components comprising building equipment (140) for controlling an environment (zone or floor or room) associated with the building, the method comprising: using a predictive cost function to determine a first amount of the electric energy supplied from an energy grid source (104) and a second amount of the electric energy supplied from a second energy source (122) to the one or more powered components {see Figs. 1A, 1B, 2-3: Abstract, ¶¶ [0002], [0005], [0021], [0023], [0025-0026], [0037], [0047-0048], [0050] and [0053-0055]}; and operating the one or more powered components using the first amount of the electric energy supplied from the energy grid source and the second amount of the electric energy supplied from the second energy source {see ¶¶ [0002-0004], [0010], [0025], [0030], [0047], [0053-0055], [0076], [0091] and [0110]}.
Regarding claim 20, Wenzel et al ‘614 disclose the method of Claim 19, wherein the predictive cost function accounts for: a cost of the first amount of the electric energy supplied from the energy grid source at each time step of a time period {see ¶ [0079]}; and a cost savings resulting from using the second amount of the electric energy from the second energy source at each time step of the time period {see ¶ [0054], [0076] and [0079]}.
Claim Rejections - 35 USC § 103
4. 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 of this title, 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.
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.
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Wenzel et al ‘614, in view of Heller (WO Pub No.: 2014183100 A2), hereinafter referred to as Heller ‘100.
Regarding claims 6 and 16, Wenzel et al ‘614 disclose the system of Claims 1 and 11, EXCEPT for the limitations of wherein the predictive cost function comprises disease transmission risk control objective indicating a risk of disease transmission associated with operating the one or more powered components using at least one of the first amount of the electric energy supplied from the energy grid source or a second amount of the electric energy supplied from the second energy source.
Heller ‘100 teaches: the concept of predictive cost function comprises disease transmission risk (30) control objective indicating a risk of disease transmission associated with operating the one or more powered components using at least one of the first amount of the electric energy supplied from the energy grid source {see Abstract, ¶¶ [00002-00005], [00007-00008], [00022-00025], [00029-00031], [00034-00037], [00039], [00041], [00045-00046], [00052-00053], [0057] and [0069-0070], wherein the predictive cost function is executed by the controller (212)}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Wenzel et al ‘614 predictive controller in view of Heller ‘100 to include predictive cost function comprises disease transmission risk control objective indicating a risk of disease transmission associated with operating the one or more powered components using at least one of the first amount of the electric energy supplied from the energy grid source, in order to control the humidity in the environment and keep it within the determined bounds {Heller ‘100 – ¶ [00070]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Wenzel et al ‘614 in view of Heller ‘100 to obtain the invention as specified in claims 6 and 16.
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20160352125-A1 to CHOI; Jongwoo.
US-20160313751-A1 to Risbeck; Michael J.
US-20160305678-A1 to PAVLOVSKI; Alexandre.
US-20140249876-A1 to Wu; Leon L.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL E DUKE whose telephone number is (571)270-5290. The examiner can normally be reached on Monday thru Friday; 8:00 AM to 4:00 PM Monday thru Friday; 8:00 AM to 4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (571)272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL E DUKE/Primary Examiner, Art Unit 3763
04/12/2026
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763