Prosecution Insights
Last updated: July 17, 2026
Application No. 18/834,212

APPARATUS AND METHOD FOR HVAC EFFICIENCY MONITORING AND TRACKING

Non-Final OA §102§103
Filed
Jul 29, 2024
Priority
Jan 31, 2022 — continuation of 63/305,141 +1 more
Examiner
EVERETT, CHRISTOPHER E
Art Unit
Tech Center
Assignee
Dwellwell Analytics Inc.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
716 granted / 856 resolved
+23.6% vs TC avg
Strong +23% interview lift
Without
With
+23.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
28 currently pending
Career history
879
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
82.7%
+42.7% vs TC avg
§102
8.5%
-31.5% vs TC avg
§112
3.5%
-36.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 856 resolved cases

Office Action

§102 §103
DETAILED ACTION 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. Claim Rejections - 35 USC § 102 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-5, 9-13, and 17 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by U.S. Patent Application Publication No. 2019/0264936 (Bailey). Claim 1: The cited prior art describes a method comprising: (Bailey: “The present invention relates, but is not limited, to systems and methods for monitoring environmental control systems. More particularly, the present invention relates to determining faults in heating, ventilation and air conditioning (HVAC) systems.” Paragraph 0002) monitoring an HVAC system to detect a plurality of sample intervals during which the HVAC system is active; (Bailey: see the collecting data as illustrated in figure 2 and as described in paragraph 0091; “FIG. 2 shows an exemplary method 200 for monitoring an HVAC/environmental control system 100 as described above and shown in FIG. 1. At step 202 the HVAC component is monitored by collecting data relevant to a series of periods of operation of the HVAC component, for example the data may be room temperature values and the HVAC component may be a boiler 140. The temperature values may be values recorded during times when the boiler 140 is turned on. They may also include values recorded before the boiler 140 has been turned on and after the boiler has been turned off.” Paragraph 0091) monitoring an environmental parameter during each of the respective sample intervals; and (Bailey: see the monitoring HVAC component 202 as illustrated in figure 2 and as described in paragraph 0091; “FIG. 2 shows an exemplary method 200 for monitoring an HVAC/environmental control system 100 as described above and shown in FIG. 1. At step 202 the HVAC component is monitored by collecting data relevant to a series of periods of operation of the HVAC component, for example the data may be room temperature values and the HVAC component may be a boiler 140. The temperature values may be values recorded during times when the boiler 140 is turned on. They may also include values recorded before the boiler 140 has been turned on and after the boiler has been turned off.” Paragraph 0091) determining a sample value for each of the sample intervals, each sample value representing a rate of change of the environmental parameter in the respective interval. (Bailey: see the record analysis 520 as illustrated in figure 5 and as described in paragraphs 0128, 0129; “At step 520 the record is analysed to compute a set of parameters relating to the HVAC device (e.g. relating to its operation and/or performance) and/or relating to the premises which the HVAC device controls (e.g. relating to the environmental response of the monitored space), for that operational period.” Paragraph 0128; “Change in value of measured environmental characteristic over length of time for which the HVAC component is on (for example, rate of change of room temperature or other characteristic over activation period, such as rate at which the premises heats up when the boiler is on (e.g. measured in degrees change per hour))” paragraph 0129; “At step 204 the data collected in step 202 is analysed to identify patterns indicative of normal operation of the HVAC component, for example over a series of heating periods it may be possible to model normal operation of the house, such as a pattern showing how long it takes to increase the room temperature by a certain amount.” Paragraph 0092) Claim 2: The cited prior art describes the method of claim 1, further comprising detecting a change in HVAC performance based on a comparison between a first plurality of sample values collected in a first time period and a second plurality of sample values collected in a second time period. (Bailey: “Rate of change of an environmental characteristic (e.g. room temperature) at or near the beginning of an operational period;” paragraph 0135; “Rate of change of an environmental characteristic (e.g. room temperature) at or near the end of an operational period;” paragraph 0136; “Summation of the rate of change over the whole set of characteristic (e.g. temperature) measurements, (e.g. a positive sum indicates warming);” paragraph 0137; “If the record does not indicate “expected” behaviour then the heating period is identified as a potential failure of the HVAC system for further investigation. Therefore the method progresses to step 640 in which the one or more parameters relating to the activation period of the HVAC component are analysed further to identify what the suspected fault may be.” Paragraph 0162) Claim 3: The cited prior art describes the method of claim 1, wherein the sample value for a sample interval is a ratio between a duration of the respective interval and a total change in the environmental parameter over the course of the respective interval. (Bailey: “Runtime characteristics of the specific system (e.g. periodic oscillations in the environmental characteristic, which correspond to the length of time an HVAC component (e.g. a boiler) will run continuously before shutting itself off for a period of time);” paragraph 0132; “Typical time an environmental characteristic will take to begin to change (e.g. temperature start increasing) after the start of an activation period; [0134] Length of time for which the HVAC component is switched on (or is operating);” paragraph 0133) Claim 4: The cited prior art describes the method of claim 1, wherein the sample value for a sample interval is a slope or inverse slop value representing a rate of change of the environmental parameter during at least a portion of the sample interval. (Bailey: see the slope of the line 840 as illustrated in figure 8; see the record analysis 520 as illustrated in figure 5 and as described in paragraphs 0128, 0129; “At step 520 the record is analysed to compute a set of parameters relating to the HVAC device (e.g. relating to its operation and/or performance) and/or relating to the premises which the HVAC device controls (e.g. relating to the environmental response of the monitored space), for that operational period.” Paragraph 0128; “Change in value of measured environmental characteristic over length of time for which the HVAC component is on (for example, rate of change of room temperature or other characteristic over activation period, such as rate at which the premises heats up when the boiler is on (e.g. measured in degrees change per hour))” paragraph 0129; “At step 204 the data collected in step 202 is analysed to identify patterns indicative of normal operation of the HVAC component, for example over a series of heating periods it may be possible to model normal operation of the house, such as a pattern showing how long it takes to increase the room temperature by a certain amount.” Paragraph 0092) Claim 5: The cited prior art describes the method of claim 1, wherein the environmental parameter is temperature. (Bailey: “FIG. 2 shows an exemplary method 200 for monitoring an HVAC/environmental control system 100 as described above and shown in FIG. 1. At step 202 the HVAC component is monitored by collecting data relevant to a series of periods of operation of the HVAC component, for example the data may be room temperature values and the HVAC component may be a boiler 140. The temperature values may be values recorded during times when the boiler 140 is turned on. They may also include values recorded before the boiler 140 has been turned on and after the boiler has been turned off.” Paragraph 0091) Claim 9: The cited prior art describes a system comprising: (Bailey: “The present invention relates, but is not limited, to systems and methods for monitoring environmental control systems. More particularly, the present invention relates to determining faults in heating, ventilation and air conditioning (HVAC) systems.” Paragraph 0002) at least one sensor node configured to monitor at least (Bailey: see the HVAC monitoring device 110 as illustrated in figure 1; “The HVAC monitoring device 110 is wirelessly connected to a temperature sensor 112 and a humidity sensor 114 installed within the user's premises. However the sensors 112, 114 may be combined in the HVAC monitoring device 110. Alternatively the sensors 112,114 may communicate with the HVAC monitoring device 110 via wired connections.” Paragraph 0078) a first parameter and at least (Bailey: see the humidity sensor 114 as illustrated in figure 1; “Environmental sensors 112, 114 (FIG. 1) measure the ambient temperature and humidity and provide the environmental characteristic information to HVAC monitoring device 110 via the wireless transceiver 1412 and the wireless interface 1410.” Paragraph 0234) a second parameter, the second parameter being an environmental parameter; (Bailey: see the temperature sensor 112 as illustrated in figure 1; “Environmental sensors 112, 114 (FIG. 1) measure the ambient temperature and humidity and provide the environmental characteristic information to HVAC monitoring device 110 via the wireless transceiver 1412 and the wireless interface 1410.” Paragraph 0234) at least one processor configured to perform at method comprising: (Bailey: see the processor 1500 in the analysis server 180 as illustrated in figure 15B) detecting, based at least in part on the first parameter, a plurality of sample intervals during which an HVAC system is active; and (Bailey: see the collecting data as illustrated in figure 2 and as described in paragraph 0091; “FIG. 2 shows an exemplary method 200 for monitoring an HVAC/environmental control system 100 as described above and shown in FIG. 1. At step 202 the HVAC component is monitored by collecting data relevant to a series of periods of operation of the HVAC component, for example the data may be room temperature values and the HVAC component may be a boiler 140. The temperature values may be values recorded during times when the boiler 140 is turned on. They may also include values recorded before the boiler 140 has been turned on and after the boiler has been turned off.” Paragraph 0091) determining a sample value for each of the sample intervals, each sample value representing a rate of change of the environmental parameter in the respective interval. (Bailey: see the record analysis 520 as illustrated in figure 5 and as described in paragraphs 0128, 0129; “At step 520 the record is analysed to compute a set of parameters relating to the HVAC device (e.g. relating to its operation and/or performance) and/or relating to the premises which the HVAC device controls (e.g. relating to the environmental response of the monitored space), for that operational period.” Paragraph 0128; “Change in value of measured environmental characteristic over length of time for which the HVAC component is on (for example, rate of change of room temperature or other characteristic over activation period, such as rate at which the premises heats up when the boiler is on (e.g. measured in degrees change per hour))” paragraph 0129; “At step 204 the data collected in step 202 is analysed to identify patterns indicative of normal operation of the HVAC component, for example over a series of heating periods it may be possible to model normal operation of the house, such as a pattern showing how long it takes to increase the room temperature by a certain amount.” Paragraph 0092) Claim 10: Claim 10 is substantially similar to claim 2 and is rejected based on the same reasons and rationale. 10. (Original) The system of claim 9, wherein the at least one processor is further configured to detect a change in HVAC performance based on a comparison between a first plurality of sample values collected in a first time period and a second plurality of sample values collected in a second time period. Claim 11: Claim 11 is substantially similar to claim 3 and is rejected based on the same reasons and rationale. 11. (Original) The system of claim 9, wherein the sample value for a sample interval is a ratio between a duration of the respective interval and a total change in the environmental parameter over the course of the respective interval. Claim 12: Claim 12 is substantially similar to claim 4 and is rejected based on the same reasons and rationale. 12. (Original) The system of claim 9, wherein the sample value for a sample interval is a slope or inverse slop value representing a rate of change of the environmental parameter during at least a portion of the sample interval. Claim 13: Claim 13 is substantially similar to claim 5 and is rejected based on the same reasons and rationale. 13. (Original) The system of claim 9, wherein the environmental parameter is temperature. Claim 17: The cited prior art describes a system comprising: (Bailey: “The present invention relates, but is not limited, to systems and methods for monitoring environmental control systems. More particularly, the present invention relates to determining faults in heating, ventilation and air conditioning (HVAC) systems.” Paragraph 0002) at least one sensor node configured to (Bailey: see the HVAC monitoring device 110 as illustrated in figure 1; “The HVAC monitoring device 110 is wirelessly connected to a temperature sensor 112 and a humidity sensor 114 installed within the user's premises. However the sensors 112, 114 may be combined in the HVAC monitoring device 110. Alternatively the sensors 112,114 may communicate with the HVAC monitoring device 110 via wired connections.” Paragraph 0078) monitor temperature and (Bailey: see the temperature sensor 112 as illustrated in figure 1; “Environmental sensors 112, 114 (FIG. 1) measure the ambient temperature and humidity and provide the environmental characteristic information to HVAC monitoring device 110 via the wireless transceiver 1412 and the wireless interface 1410.” Paragraph 0234) at least one additional parameter; (Bailey: see the humidity sensor 114 as illustrated in figure 1; “Environmental sensors 112, 114 (FIG. 1) measure the ambient temperature and humidity and provide the environmental characteristic information to HVAC monitoring device 110 via the wireless transceiver 1412 and the wireless interface 1410.” Paragraph 0234) at least one processor configured to perform a method comprising: (Bailey: see the processor 1500 in the analysis server 180 as illustrated in figure 15B) detecting, based at least in part on the additional parameter, a plurality of sample intervals during which an HVAC system is inactive; and (Bailey: see the collecting data as illustrated in figure 2 and as described in paragraph 0091; “FIG. 2 shows an exemplary method 200 for monitoring an HVAC/environmental control system 100 as described above and shown in FIG. 1. At step 202 the HVAC component is monitored by collecting data relevant to a series of periods of operation of the HVAC component, for example the data may be room temperature values and the HVAC component may be a boiler 140. The temperature values may be values recorded during times when the boiler 140 is turned on. They may also include values recorded before the boiler 140 has been turned on and after the boiler has been turned off.” Paragraph 0091) determining a sample value for each of the sample intervals, each sample value representing a rate of change of the temperature in the respective interval; and (Bailey: see the record analysis 520 as illustrated in figure 5 and as described in paragraphs 0128, 0129; “At step 520 the record is analysed to compute a set of parameters relating to the HVAC device (e.g. relating to its operation and/or performance) and/or relating to the premises which the HVAC device controls (e.g. relating to the environmental response of the monitored space), for that operational period.” Paragraph 0128; “Change in value of measured environmental characteristic over length of time for which the HVAC component is on (for example, rate of change of room temperature or other characteristic over activation period, such as rate at which the premises heats up when the boiler is on (e.g. measured in degrees change per hour))” paragraph 0129; “At step 204 the data collected in step 202 is analysed to identify patterns indicative of normal operation of the HVAC component, for example over a series of heating periods it may be possible to model normal operation of the house, such as a pattern showing how long it takes to increase the room temperature by a certain amount.” Paragraph 0092) detecting a change in heat retention or exclusion performance based on a comparison between sample values collected in a first time period and sample values collected in a second time period. (Bailey: see the tracking of data during off calls over time as illustrated in figures 8, 9, 10, 11; “Rate of change of an environmental characteristic (e.g. room temperature) at or near the beginning of an operational period;” paragraph 0135; “Rate of change of an environmental characteristic (e.g. room temperature) at or near the end of an operational period;” paragraph 0136; “Summation of the rate of change over the whole set of characteristic (e.g. temperature) measurements, (e.g. a positive sum indicates warming);” paragraph 0137; “If the record does not indicate “expected” behaviour then the heating period is identified as a potential failure of the HVAC system for further investigation. Therefore the method progresses to step 640 in which the one or more parameters relating to the activation period of the HVAC component are analysed further to identify what the suspected fault may be.” Paragraph 0162; see the record analysis 520 as illustrated in figure 5 and as described in paragraphs 0128, 0129; “At step 520 the record is analysed to compute a set of parameters relating to the HVAC device (e.g. relating to its operation and/or performance) and/or relating to the premises which the HVAC device controls (e.g. relating to the environmental response of the monitored space), for that operational period.” Paragraph 0128; “Change in value of measured environmental characteristic over length of time for which the HVAC component is on (for example, rate of change of room temperature or other characteristic over activation period, such as rate at which the premises heats up when the boiler is on (e.g. measured in degrees change per hour))” paragraph 0129; “At step 204 the data collected in step 202 is analysed to identify patterns indicative of normal operation of the HVAC component, for example over a series of heating periods it may be possible to model normal operation of the house, such as a pattern showing how long it takes to increase the room temperature by a certain amount.” Paragraph 0092) 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. 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. Claims 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2019/0264936 (Bailey) in view of U.S. Patent Application Publication No. 2020/0226697 (Han). Claim 6: Bailey does not explicitly describe a histogram and related processing as described below. However, Han teaches the histogram and related processing as described below. The cited prior art describes the method of claim 1, further comprising: for each of a plurality of bins, each bin being associated with a range of sample values, determining a number of the sample values that fall within the associated range to generate histogram data; (Han: see the histogram of energy cost versus temperature as illustrated in figure 4; “The insight preview window 411 may display information identifying the month, the billing amount for that month, and the average temperature for that month. The insight preview window 411 may be provided for display in an overlay at a position that overlaps a location on the energy histogram, or at a position adjacent to the selected data point of the energy histogram.” Paragraph 0071; “In other aspects, the billing advisor engine 250 may determine an energy load curve shape associated with the energy consumption data of an energy user. In this respect, the billing advisor engine 250 may identify respective sections of the energy load curve shape, and map the sections to respective types of loads (e.g., oven element, refrigerator, etc.) for identifying the source of energy consumption. In some examples, the energy load curve shape is a two-dimensional histogram identifying the amount of energy consumption (e.g., kilowatt hour(s)) over time (e.g., seconds, minute(s), hour(s), etc.).” paragraph 0041) fitting a curve to the histogram data; and (Han: see the curve of temperature data to the energy data as illustrated in figure 4; “In other aspects, the billing advisor engine 250 may determine an energy load curve shape associated with the energy consumption data of an energy user. In this respect, the billing advisor engine 250 may identify respective sections of the energy load curve shape, and map the sections to respective types of loads (e.g., oven element, refrigerator, etc.) for identifying the source of energy consumption. In some examples, the energy load curve shape is a two-dimensional histogram identifying the amount of energy consumption (e.g., kilowatt hour(s)) over time (e.g., seconds, minute(s), hour(s), etc.).” paragraph 0041) detecting a change in HVAC performance based on a change over time in at least one parameter of the curve. (Han: see the home diagnosis including heating and energy saving tips as illustrated in figure 5; “generating an interface comprising a plurality of insights that correspond to the one or more energy consumption factors, the plurality of insights identifying one or more explanations as to why the billing amount of the utility bill exceeded a cost expectation of the second user; mapping at least a portion of the utility bill to the interface; and providing the interface for display, the plurality of insights being displayed based on one or more interactions between the first user and the interface.” Paragraph 0004; “For example, the processor 236, using the disaggregation engine 248, performs disaggregation of HVAC energy usage based on heating coefficients and cooling coefficients.” Paragraph 0056; “The energy consumption analytics system 660 also may be in communication with a third party weather service, such as the National Weather Service (not shown). For example, the energy consumption analytics system 660 may receive corresponding outdoor temperatures from the third party weather service via the network 650 (e.g., e-mails, downloaded FTP files, and XML feeds). In this respect, the energy consumption analytics system 660 may use weather data from the third party weather service to determine a projected billing amount for a particular billing period, and identify any changes in the projected billing amount relative to a previous billing cycle due to weather patterns identified in the weather data. For example, forecasted weather conditions (e.g., the temperature, the humidity, the barometric pressure, precipitation, etc.) may indicate that an energy user's HVAC system is likely to be in greater use, thereby likely to cause an increase in the energy user's energy load curve. The energy consumption analytics system 660 may notify the energy user of insight information relating to a billing amount of an inquired utility bill through a follow-up communication (or an energy usage alert notification).” Paragraph 0080) One of ordinary skill in the art would have recognized that applying the known technique of Bailey, namely, HVAC performance monitoring system, with the known techniques of Han, namely, energy usage analytics system for energy consumers, would have yielded predictable results and resulted in an improved system. Accordingly, applying the teachings of Bailey to analyze data to determine HVAC performance monitoring with the teachings of Han to analyze data to determine device energy usage would have been recognized by those of ordinary skill in the art as resulting in an improved HVAC monitoring system. In other words, the combination of references provides for analyzing various types of data using various analysis techniques for HVAC performance analysis based on the teachings of analyzing various types of data using various analysis techniques in Bailey and the teachings of using histograms to analyze data for energy monitoring in Han. Claim 14: Claim 14 is substantially similar to claim 6 and is rejected based on the same reasons and rationale. 14. (Original) The system of claim 9, wherein the at least one processor is further configured to perform: for each of a plurality of bins, each bin being associated with a range of sample values, determining a number of the sample values that fall within the associated range to generate histogram data; fitting a curve to the histogram data; and detecting a change in HVAC performance based on a change over time in at least one parameter of the curve. Claims 7, 15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2019/0264936 (Bailey) in view of U.S. Patent Application Publication No. 2020/0240662 (Picardi). Claim 7: Bailey does not explicitly describe audio data as described below. However, Picardi teaches the audio data as described below. The cited prior art describes the method of claim 1, wherein monitoring the HVAC system comprises collecting audio data, and (Picardi: see the collection of audio data as described in paragraph 0029; “audio data from microphones listening to the sounds produced by the HVAC system” paragraph 0029) wherein the detection of a sample interval during which the HVAC system is active is based at least in part on the audio data. (Picardi: “The security system 160 can also train the machine-learning algorithm to detect and identify HVAC systems that have transitioned from an issue status to a healthy status. This indication produced by the machine-learning algorithm can indicate when HVAC service was performed in a monitored property. For example, the security system 160 can use data over a period of time that shows an HVAC system transitioning between an issue status and a healthy status. The data can include thermostat data over a period, such as 5 hours, outdoor temperature data over the period of time, and raw sensor data monitoring the HVAC system 146. The raw sensor data can be media data (e.g., video and photos) from one or more cameras that monitor the HVAC system, audio data from microphones listening to the sounds produced by the HVAC system, thermal imaging data from thermal sensors that monitor the HVAC system, data from the alarm panel 122 that show issues with the HVAC system 146, motion data from motion sensors surrounding the HVAC system 146, and lock sensor data from doors containing the HVAC system 146. Other sensor data can be provided from the monitored property. Additionally, the security system 160 can use data from house products to train the machine-learning algorithm. For example, the security system 160 can use data from outdoor temperature sensors, outdoor barometers, temperatures of various products in the monitored property 102, and data from a client device of the owner of the monitored property 102. The security system can also add the timestamp data to this transitioning training data to predict likelihoods that the system has transitioned from an issue state to a healthy state to predict likelihoods of transitions at particular times of the day. The training can be further based on HVAC systems at other monitored properties that have similar components. The training can include how long it takes for an HVAC system to transition to a health state after an issue has been detected.” Paragraph 0029) (Bailey: see the record analysis 520 as illustrated in figure 5 and as described in paragraphs 0128, 0129; “At step 520 the record is analysed to compute a set of parameters relating to the HVAC device (e.g. relating to its operation and/or performance) and/or relating to the premises which the HVAC device controls (e.g. relating to the environmental response of the monitored space), for that operational period.” Paragraph 0128; “Change in value of measured environmental characteristic over length of time for which the HVAC component is on (for example, rate of change of room temperature or other characteristic over activation period, such as rate at which the premises heats up when the boiler is on (e.g. measured in degrees change per hour))” paragraph 0129; “At step 204 the data collected in step 202 is analysed to identify patterns indicative of normal operation of the HVAC component, for example over a series of heating periods it may be possible to model normal operation of the house, such as a pattern showing how long it takes to increase the room temperature by a certain amount.” Paragraph 0092) One of ordinary skill in the art would have recognized that applying the known technique of Bailey, namely, HVAC performance monitoring system, with the known techniques of Picardi, namely, a HVAC service performance system, would have yielded predictable results and resulted in an improved system. Accordingly, applying the teachings of Bailey to analyze data to determine HVAC performance monitoring with the teachings of Picardi to analyze data to monitor a HVAC system would have been recognized by those of ordinary skill in the art as resulting in an improved HVAC monitoring system. In other words, the combination of references provides for analyzing various types of data using various analysis techniques for HVAC performance analysis based on the teachings of analyzing various types of data using various analysis techniques in Bailey and the teachings of analyzing various types of data in Picardi. Claim 15: Claim 15 is substantially similar to claim 7 and is rejected based on the same reasons and rationale. 15. (Original) The system of claim 9, wherein the first parameter is audio data, and wherein the detection of a sample interval during which the HVAC system is active is based at least in part on the audio data. Claim 18: Claim 18 is substantially similar to claim 7 and is rejected based on the same reasons and rationale. 18. (Original) The system of claim 17, wherein the additional parameter is at least one of audio data and voltage transient data. Claims 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2019/0264936 (Bailey) in view of U.S. Patent Application Publication No. 2010/0010679 (Kassel). Claim 8: Bailey does not explicitly describe electrical transient data as described below. However, Kassel teaches the electrical transient data as described below. The cited prior art describes the method of claim 1, wherein monitoring the HVAC system comprises collecting electrical transient data, and (Kassel: see the current flow as illustrated in figure 3 and as described in paragraphs 0008, 0124; see the data collected including current flow events, power events, current, and voltage as described in paragraphs 0008-0021) wherein the detection of a sample interval during which the HVAC system is active is based at least in part on the electrical transient data. (Kassel: “Order, Ranking and Sequence Logic--as the previous blocks inputs change state, they are filtered for specific characteristics such as passing a threshold level, meeting a combinational-logic condition occurring in a particular sequence or exceeding some time duration previously established through settings made during initial configuration. Based on the configuration choices, values or options turned on or off sets up the criteria for which specific input(s) will be used to trigger an output event. Further, a weighting factor may be assigned to any selected inputs that will further influence the amount of change necessary to promulgate an output change. So based on such factors as repetition rate, duration or interval of said input's change, an outputs activity such as start-time, on duration, tie to another output or even ignoring action can be tailored. Ranking of which inputs will be the primary influence and which the tertiary, is orchestrated through a dynamic status ranking calculation using input activity placed through a programmable highpass fast averaging filter.” Paragraph 0125) (Bailey: see the record analysis 520 as illustrated in figure 5 and as described in paragraphs 0128, 0129; “At step 520 the record is analysed to compute a set of parameters relating to the HVAC device (e.g. relating to its operation and/or performance) and/or relating to the premises which the HVAC device controls (e.g. relating to the environmental response of the monitored space), for that operational period.” Paragraph 0128; “Change in value of measured environmental characteristic over length of time for which the HVAC component is on (for example, rate of change of room temperature or other characteristic over activation period, such as rate at which the premises heats up when the boiler is on (e.g. measured in degrees change per hour))” paragraph 0129; “At step 204 the data collected in step 202 is analysed to identify patterns indicative of normal operation of the HVAC component, for example over a series of heating periods it may be possible to model normal operation of the house, such as a pattern showing how long it takes to increase the room temperature by a certain amount.” Paragraph 0092) One of ordinary skill in the art would have recognized that applying the known technique of Bailey, namely, HVAC performance monitoring system, with the known techniques of Kassel, namely, a HVAC monitoring system, would have yielded predictable results and resulted in an improved system. Accordingly, applying the teachings of Bailey to analyze data to determine HVAC performance monitoring with the teachings of Kassel to analyze data to monitor a HVAC system would have been recognized by those of ordinary skill in the art as resulting in an improved HVAC monitoring system. In other words, the combination of references provides for analyzing various types of data using various analysis techniques for HVAC performance analysis based on the teachings of analyzing various types of data using various analysis techniques in Bailey and the teachings of analyzing various types of data to monitor a HVAC system in Kassel. Claim 16: Claim 16 is substantially similar to claim 8 and is rejected based on the same reasons and rationale. 16. (Original) The system of claim 9, wherein the first parameter is electrical transient data, and wherein the detection of a sample interval during which the HVAC system is active is based at least in part on the electrical transient data. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent Application Publication No. 2021/0302043 describes a HVAC performance tracking system. U.S. Patent Application Publication No. 2017/0276571 describes a fault detection system for building equipment. U.S. Patent Application Publication No. 2018/0087798 describes analyzing data for HVAC for HVAC efficiency. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E EVERETT whose telephone number is (571)272-2851. The examiner can normally be reached Monday-Friday 8:00 am to 5:00 pm (Pacific). 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, Robert Fennema can be reached at 571-272-2748. 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. /Christopher E. Everett/Primary Examiner, Art Unit 2117
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Prosecution Timeline

Jul 29, 2024
Application Filed
Jun 18, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+23.1%)
2y 7m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 856 resolved cases by this examiner. Grant probability derived from career allowance rate.

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