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 .
DETAILED ACTION
Claims 1-14 are presented for examination.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12092350. Although the claims at issue are not identical, they are not patentably distinct from each other because both claim the same invention and the current application claims the invention broadly. A comparison between independent claim 8 of the US Patent 12092350 and independent claim 8 of the current application provided below for an example.
US Patent 12092350
Current Application 18828305
Claim 8. A method performed by a thermostat, comprising:
enrolling, by a processor of the thermostat, a security sensor, the security sensor actively enrolled with a security system;
receiving, by the processor via a wireless receiver coupled to the processor, a security alert from the security sensor; and
deactivating, by the processor, HVAC equipment in response to receiving the security alert.
Claim 8. A method performed by a thermostat having a wireless receiver , comprising:
receiving, via the wireless receiver, a security alert from a security sensor; and
deactivating a HVAC equipment in response to receiving the security alert.
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 8-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Young (US Patent 61964681).
As per claim 8, Young discloses a method performed by a thermostat having a wireless receiver , comprising:
receiving, via the wireless receiver, a security alert from a security sensor [Abstract; col. 1, lines 7-18, 33-44; col. 2, lines 15-20, 43-61; col. 4, lines 2-25; col. 5, lines 34-65; the system automatically wirelessly senses if a door or window is open]; and
deactivating a HVAC equipment in response to receiving the security alert [Abstract; col. 1, lines 7-18, 33-44; col. 2, lines 15-20, 43-61; col. 4, lines 2-25; col. 5, lines 34-65; “… a device for controlling an HVAC …” wherein the device is a thermostat and the thermostat is a wireless thermostat control system including a door sensor to detect whether a room door is open; “As can be seen in this embodiment, only a system timer is necessary, to turn off the solenoid S and fan if the door or windows are open for more than the shutoff delay period.”, i.e., deactivating a HVAC equipment in response to receiving the security alert (e.g., a door has been left opened for a certain amount of time)].
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 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Young (US Patent 61964681) in view of Matsuoka et al (US Patent 10697662; hereinafter Matsuoka).
As per claim 9, Young discloses the invention substantially. Though Young does not specifically disclose regarding a communication interface, it is well known in the art that a thermostat having a communication interface to control a HVAC system. However, Matsuoka (in the same field of endeavor, i.e., a device for controlling an HVAC system (e.g., a thermostat)) discloses a thermostat having a first communication interface [Abstract; col. 22, lines 49-62; col. 34, line 20; col. 46, lines 24-26; col. 48, lines 22-24; claim 1]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the cited references as both are directed to control an HVAC system via a thermostat.
Claim 10, Young discloses wherein deactivating the HVAC equipment comprises: modifying a current setpoint temperature stored in a memory of the thermostat to generate a modified setpoint [col. 3, lines 37-43; thermostat with selectable settings for the HVAC system; col. 5, lines 34-49; thermostat can be set for energy saving temperatures; col. 5, lines 55-65; room temperature is controlled by a thermostat]; and controlling the HVAC equipment using the modified setpoint [Abstract; col. 1, lines 7-10; col. 2, lines 47-57; controlling an HVAC system].
As per claim 11, Matsuoka discloses further comprising: activating an indicator of the thermostat when the thermostat sends the signal to the HVAC equipment [col. 28, lines 1-4; col. 48, lines 2-11; an indication].
As per claim 12, Matsuoka discloses further comprising: sending, via a second communication interface of the thermostat, a notification that a door or a window is open [Abstract; col. 22, lines 49-62; col. 34, line 20; col. 46, lines 24-26; col. 48, lines 22-24; claim 1; a first communication interface, a second communication interface; para 15, lines 23-24; detecting openings and closing of doors; col. 31, lines 53-67; notification].
As per claim 13, Young discloses further comprising: sending, via the second communication interface, a notification that the current setpoint has been modified [Abstract; col. 22, lines 49-62; col. 34, line 20; col. 46, lines 24-26; col. 48, lines 22-24; claim 1; a first communication interface, a second communication interface; col. 31, lines 53-67; notification].
As per claim 14, Young discloses wherein deactivating the HVAC equipment comprises: starting a timer in response to receiving the security alert [Abstract; col. 2, lines 43-57; timer is provided to turn off the system]; and when the timer expires, deactivate the HVAC equipment if a second security alert from the security sensor has not been received [Abstract; col. 2, lines 43-67; timer is provided to turn off the system; the shutoff delay].
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Seymour (US Patent 54762211) in view of Matsuoka et al (US Patent 10697662; hereinafter Matsuoka).
As per claim 1, Seymour discloses a thermostat, comprising:
a memory for storing processor-executable instructions [Fig. 1; col. 2, lines 10-17; inherent to a computer to have a memory];
a wireless receiver for receiving a security alert from a security sensor [Abstract; col. 1, lines 7-12, 62-67; a wireless thermostat];
an HVAC communication interface for sending control signals to HVAC equipment [col. 2, lines 55-66; HVAC unit 10]; and
a processor coupled to the memory, the wireless receiver and the communication interface, for executing the processor-executable instructions that causes the thermostat to:
receive, by the processor via the wireless receiver, a security alert from the security sensor [Abstract; col. 1, lines 62-67; the wireless thermostat includes a receiver to receive alert regarding a room door is opened]; and
deactivate, by the processor, the HVAC equipment in response to receiving the security alert [col. 5, line 54 – col. 6, line 44; turning off the HVAC if no one is detected for a predetermined period (timer expires)].
Though Seymour does not specifically disclose regarding a communication interface, it is well known in the art that a thermostat having a communication interface to control a HVAC system. However, Matsuoka (in the same field of endeavor, i.e., a device for controlling an HVAC system (e.g., a thermostat)) discloses a thermostat having a first communication interface [Abstract; col. 22, lines 49-62; col. 34, line 20; col. 46, lines 24-26; col. 48, lines 22-24; claim 1]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the cited references as both are directed to control an HVAC system via a thermostat.
As per claim 2, Seymour discloses wherein the processor-executable instructions for deactivating the HVAC equipment comprises instructions that cause the thermostat to send, by the processor via the HVAC communication interface, a signal to the HVAC equipment for the HVAC equipment to stop heating or cooling [col. 5, line 54 – col. 6, line 44; turning off the HVAC].
As per claim 3, Seymour discloses wherein the processor-executable instructions for deactivating the HVAC equipment comprises instructions that cause the thermostat to: modify, by the processor, a current setpoint temperature stored in the memory to generate a modified setpoint [col. 3, lines 6-24; temperature setting]; store, by the processor, the modified setpoint in the memory [col. 3, lines 6-24; inherent to the system to store the temperature setting to apply it for future control]; and control, by the processor, the HVAC equipment using the modified setpoint [Abstract; col. 1, lines 62-67; col. 5, line 54 – col. 6, line 44].
As per claim 4, Seymour discloses further comprising: an indicator coupled to the processor; wherein the processor-executable instructions comprise further processor-executable instructions that causes the thermostat to: activate, by the processor, the indicator when the processor sends the signal to the HVAC equipment to stop heating or cooling in response to receiving the security alert from the security sensor [Abstract; col. 1, lines 62-67; signals indicating].
As per claim 5, Matsuoka discloses further comprising: a second communication interface coupled to the processor [Abstract; col. 22, lines 49-62; col. 34, line 20; col. 46, lines 24-26; col. 48, lines 22-24; claim 1; a first communication interface, a second communication interface]; wherein the processor-executable instructions comprise further processor-executable instructions that causes the thermostat to: send, by the processor via the second communication interface, a notification that a door or a window is open [col. 31, lines 53-67; notification].
As per claim 6, Matsuoka discloses further comprising: a second communication interface coupled to the processor [Abstract; col. 22, lines 49-62; col. 34, line 20; col. 46, lines 24-26; col. 48, lines 22-24; claim 1; a first communication interface, a second communication interface]; wherein the processor-executable instructions comprise further processor-executable instructions that causes the thermostat to: send, by the processor via the second communication interface, a notification that the current setpoint has been modified [col. 31, lines 53-67; notification].
As per claim 7, Seymour discloses wherein the processor-executable instructions that cause the thermostat to deactivate the HVAC equipment in response to receiving the security alert comprise further processor-executable instructions that causes the thermostat to: start a timer in response to receiving the security alert [col. 5, line 54 – col. 6, line 44; turning off the HVAC if no one is detected for a predetermined period (timer expires)]; and when the timer expires, deactivate the HVAC equipment if a second security alert from the security sensor has not been received [col. 5, line 54 – col. 6, line 44; turning off the HVAC if no one is detected for a predetermined period (timer expires)].
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-4948045 discloses an electronic control apparatus which will shut off a heating or air-conditioning system when a door or window is left open.
US-20220120464 discloses thermostats have evolved over the years, allowing users to maximize energy conservation by turning HVAC systems off when heating or cooling is not needed.
US-201903009971 discloses a thermostat may include a communication interface communicatively coupled to a processor that may enable the thermostat to send and receive signals to and from, for example, an HVAC system.
US-20180299159 discloses a thermostat includes a communication interface configured to receive one or more measurements from a number of sensors and a processing circuit including a processor and memory.
US-20180087793 discloses combination of a thermostatic controller with additional sensors, transducers, radios, rich user interfaces and other components in order to provide a centralized tool for accomplishing a wide range of tasks related to home comfort, convenience and security.
US-20160327294 discloses a system including a second communications interface; a second processor and a second memory associated with the second communication interface and operable to receive, from the thermostat device, the ecorank target setting.
US-20130261809 discloses an HVAC control system and method for modifying at least one of the first temperature setpoint, the second temperature setpoint, the first time period setpoint, and the second time period setpoint.
US-20120181342 discloses an HVAC Energy Saver Control Unit that is designed for any application in which user wishes to shut off an HVAC system automatically when doors and/or windows are opened.
US-10253995 discloses systems and methods for mitigating smoke damage to a property wherein in response to receiving an alert and/or intelligent home telematics data, a controller is further configured deactivate an air circulation function of an HVAC system to mitigate smoke or fire damage to the property.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SURESH K SURYAWANSHI whose telephone number is (571)272-3668. The examiner can normally be reached M-F 8:00-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth M Lo can be reached at 5712729774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SURESH SURYAWANSHI/Primary Examiner, Art Unit 2116
1 Prior art cited by applicant in submitted information discloser statement.
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