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 1-20 are presented for examination.
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.
Claims 1-20 are 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 pre-AIA the applicant regards as the invention.
The following lacks antecedent basis:
As to claim 1, “the wireless signal”.
As to claim 5, “the results”.
As to claim 10, “the motor”.
As to claims 11-13 and 15, “the data”.
Claims 2-4, 6-9, 14 and 16-17 are rejected based on dependency.
Claim 18 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: the destination of the transmission of a model identification parameter in the transmitting step, as well as what entity/component the model identification parameter and configuration settings pertain or apply to [lines 6-7].
Claims 19-20, depend on claim 18 and failed to cure the deficiency of claim 18, therefore they are rejected based on dependency and/or exhibiting the same deficiency.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 3 (i.e. 1, 2 and 3) of Patent 12,098,854 (hereafter ‘854). More specifically, as to claim 1 of the instant application, it is anticipated by claim 3 of Patent ‘854 despite a slight difference in wording such that claim 3 of Patent ‘854 contain all the limitations of claim 1 of the instant application. Claim 1 of the instant application therefore are not patently distinct from the earlier patent claim(s) and as such are unpatentable for obviousness-type double patenting.
Claims 3 and 5 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 7 (i.e. 1, 4 and 7) and 8 of Patent ‘854. More specifically, as to claims 3 and 5 of the instant application, the difference being that claims 7 and 8 of Patent ‘854 being in different claim hierarchy. Claiming limitations in different claim hierarchy is well known in the art and would have been a matter of design choice. Claims 3 and 5 of the instant application therefore are not patently distinct from the earlier patent claim(s) and as such are unpatentable for obviousness-type double patenting.
Patent 12,098,854
Instant Application
1. Control equipment comprising:
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the control equipment according to a control program stored in the memory; and
a wireless transceiver configured to facilitate near field communication (NFC) between the control equipment and an external device;
wherein the wireless transceiver is configured to use power generated from an NFC signal to: wirelessly transmit a configuration parameter to the external device via NFC; and
wirelessly receive an update to the configuration parameter from the external device via NFC; wherein the configuration parameter and the update to the configuration parameter are usable by the control program to operate the control equipment; and wherein the update to the configuration parameter comprises a user selectable operational parameter associated with operation of the control equipment.
2. The control equipment of claim 1, further comprising a motor, wherein the processing circuit is configured to control operation of the motor according to the control program.
3. The control equipment of claim 2, wherein the motor is configured to be coupled to an HVAC device.
1. A heating, ventilating. and air conditioning (HVAC) device, comprising:
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the HVAC device according to a control program stored in the memory; and
a wireless transceiver configured to facilitate near field communication (NFC) between the device and an external device;
wherein the wireless transceiver is configured to use power drawn from the wireless signal to wirelessly transmit data regarding operation of the HVAC device to the external device via NFC.
7. The control equipment of claim 4, wherein the configuration parameter comprises a timing parameter.
3. The device of claim 1, wherein the data includes diagnostic data relating to at least one of a timing, temperature, or enablement of a mode of the device.
8. The control equipment of claim 1, wherein the processing circuit is configured to perform a diagnostic test of the control equipment and communicate results from the diagnostic test to the external device via NFC using the power drawn from the NFC signal.
5. The device of claim 1, wherein the processing circuit is configured to perform a diagnostic test and communicate the results of the diagnostic test to the external device via NFC.
Claims 1 and 5 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 6 (i.e. 5 and 6) of Patent 12,034,497 (hereafter ‘497). More specifically, as to claims 1 and 5 of the instant application, claims 1 and 6 of Patent ‘497 teaches all the limitations of claims 1 and 5 except a HVAC device. However, Patent ‘497 disclosed a building device. Furthermore, US PG Pub. 2015/0081928 to Wintzell et al. a control device with a flow sensor measuring total through-flow in a fluid system of an HVAC device [paragraph 67; paragraph 54; paragraph 56, lines 7-8] and an actuator coupled to a controller (system) communicatively controlled by an administration device via an NFC interface [paragraphs 43 and 49]. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Patent ‘497 to include a HVAC device as being considered by Wintzell as being a type of building device to extend the applicability of Patent ‘497 to a wider platform in configuring and controlling various building devices. Claims 1 and 5 of the instant application therefore are not patently distinct from the earlier patent claim(s) and as such are unpatentable for obviousness-type double patenting.
Patent 12,034,497
Instant Application
1. A building device comprising:
a flow sensor configured to sense a change in a characteristic of a flow of fluid; a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the flow sensor according to a control program stored in the memory; and
a wireless transceiver configured to facilitate near field communication (NFC) between the building device and an external device;
wherein the wireless transceiver is configured to use power generated from NFC signals to: wirelessly transmit a configuration parameter comprising a setpoint usable by the control program to operate the flow sensor to the external device via direct NFC between the building device and the external device; and receive an update to the setpoint from the external device via NFC.
1. A heating, ventilating and air conditioning (HVAC) device, comprising:
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the HVAC device according to a control program stored in the memory; and
a wireless transceiver configured to facilitate near field communication (NFC) between the device and an external device;
wherein the wireless transceiver is configured to use power drawn from the wireless signal to wirelessly transmit data regarding operation of the HVAC device to the external device via NFC.
5. The building device of claim 1, wherein the processing circuit is configured to perform a diagnostic test of the building device.
6. The building device of claim 5, wherein the processing circuit is configured to communicate diagnostic results from the diagnostic test to the external device.
5. The device of claim 1, wherein the processing circuit is configured to perform a diagnostic test and communicate the results of the diagnostic test to the external device via NFC.
Claims 1, 4-5, 7 and 9 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 13 (i.e. 10 and 13) and 15 of Patent 11,774,121 (hereafter ‘121). More specifically, as to claims 1, 4-5, 7 and 9 of the instant application, they are anticipated by claims 1, 13 and 15 of Patent ‘121 despite a slight difference in wording such that claims 1, 13 and 15 of Patent ‘121 contain all the limitations of claims 1, 4-5, 7 and 9 of the instant application. Claims 1, 4-5, 7 and 9 of the instant application therefore are not patently distinct from the earlier patent claim(s) and as such are unpatentable for obviousness-type double patenting.
Patent 11,774,121
Instant Application
1. A building device comprising:
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate a motor according to a control program stored in the memory, the motor coupled to a fluid control device of a heating, ventilation, or air conditioning (HVAC) system to control movement of the fluid control device; and
a wireless transceiver configured to facilitate near field communication (NFC) between the building device and an external device;
wherein the wireless transceiver is configured to use power generated from NFC signals to:
transmit a configuration parameter usable by the control program to operate the motor to the external device via NFC; and
receive an update to the configuration parameter from the external device via NFC, wherein the configuration parameter comprises a user selectable operational parameter associated with operation of the fluid control device.
1. A heating, ventilating. and air conditioning (HVAC) device, comprising:
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the HVAC device according to a control program stored in the memory; and
a wireless transceiver configured to facilitate near field communication (NFC) between the device and an external device;
wherein the wireless transceiver is configured to use power drawn from the wireless signal to wirelessly transmit data regarding operation of the HVAC device to the external device via NFC.
10. A building device comprising:
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate a motor according to a control program stored in the memory, the motor configured to control movement of a heating, ventilation, or air conditioning (HVAC) device; and
a wireless transceiver configured to facilitate near field communication (NFC) between the building device and an external device;
wherein the wireless transceiver is configured to use power generated from NFC signals to:
transmit a configuration parameter usable by the control program to operate the motor to the external device via NFC; and
receive an update to the configuration parameter from the external device via NFC; wherein the processing circuit is configured to update the control program based on the update to the configuration parameter.
13. The building device of claim 10, wherein the wireless transceiver is configured to use the power generated from the NFC signals to wirelessly transmit diagnostic data generated as a result of operating the building device to the external device via NFC.
1. A heating, ventilating. and air conditioning (HVAC) device, comprising:
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the HVAC device according to a control program stored in the memory; and
a wireless transceiver configured to facilitate near field communication (NFC) between the device and an external device;
wherein the wireless transceiver is configured to use power drawn from the wireless signal to wirelessly transmit data regarding operation of the HVAC device to the external device via NFC.
5. The device of claim 1, wherein the processing circuit is configured to perform a diagnostic test and communicate the results of the diagnostic test to the external device via NFC.
7. The device of claim 1, wherein the wireless transceiver is configured to receive a configuration parameter from the external device via NFC, and the processing circuit is configured to update the control program based on the configuration parameter.
9. The device of claim 1, wherein the wireless transceiver is configured to use the power drawn from the wireless signal to: transmit a set of configuration parameters to the external device via NFC; and receive an update to at least one configuration parameter of the set of configuration parameters from the external device via NFC.
15. The building device of claim 13, wherein the diagnostic data comprises failure mode data.
4. The device of claim 1, wherein the data includes diagnostic data relating to a failure mode of the device.
Claims 1, 3-4 and 9 are additionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 7 of Patent 11,022,332 (hereafter ‘332). More specifically, as to claims 1, 3-4 and 9 of the instant application, they are anticipated by claims 1 and 7 of Patent ‘332 despite a slight difference in wording such that claims 1 and 7 of Patent ‘332 contain all the limitations of claims 1, 3-4 and 9 of the instant application. Claims 1, 3-4 and 9 of the instant application therefore are not patently distinct from the earlier patent claim(s) and as such are unpatentable for obviousness-type double patenting.
Claims 1, 4, 7 and 9 are additionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 15 and 20 of Patent ‘332. More specifically, as to claims 1, 4, 7 and 9 of the instant application, they are anticipated by claims 15 and 20 of Patent ‘332 despite a slight difference in wording such that claims 15 and 20 of Patent ‘332 contain all the limitations of claims 1, 4, 7 and 9 of the instant application. Claims 1, 4, 7 and 9 of the instant application therefore are not patently distinct from the earlier patent claim(s) and as such are unpatentable for obviousness-type double patenting.
Patent 11,022,332
Instant Application
1. An actuator comprising:
a motor configured to be operatively coupled to a fluid control valve of an HVAC system to control movement of the fluid control valve;
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the motor according to a control program stored in the memory; and
a wireless transceiver configured to facilitate direct wireless communication between the actuator and an external device via near field communication (NFC) signals;
wherein the wireless transceiver is configured to use power generated from the NFC signals to: wirelessly transmit a configuration parameter usable by the control program to operate the motor to the external device via the direct wireless communication between the actuator and the external device;
wirelessly receive an update to the configuration parameter from the external device via the direct wireless communication between the actuator and the external device, wherein the configuration parameter includes a user selectable operational parameter associated with operation of the fluid control valve.
2. The actuator of claim 1, wherein the wireless transceiver is configured to use the power generated from the NFC signals to wirelessly transmit data generated as a result of operating the actuator to the external device via the direct wireless communication between the actuator and the external device.
1. A heating, ventilating. and air conditioning (HVAC) device, comprising:
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the HVAC device according to a control program stored in the memory; and
a wireless transceiver configured to facilitate near field communication (NFC) between the device and an external device;
wherein the wireless transceiver is configured to use power drawn from the wireless signal to wirelessly transmit data regarding operation of the HVAC device to the external device via NFC.
7. The actuator of claim 2, wherein the data includes diagnostic data relating to at least one of a timing and a speed of the actuator.
3. The device of claim 1, wherein the data includes diagnostic data relating to at least one of a timing, temperature, or enablement of a mode of the device.
6. The actuator of claim 2, wherein the data includes diagnostic data relating to a failure mode of the actuator.
4. The device of claim 1, wherein the data includes diagnostic data relating to a failure mode of the device.
See claim 1 above.
9. The device of claim 1, wherein the wireless transceiver is configured to use the power drawn from the wireless signal to: transmit a set of configuration parameters to the external device via NFC; and receive an update to at least one configuration parameter of the set of configuration parameters from the external device via NFC.
15. An actuator comprising:
a motor configured to be coupled to an HVAC device and control movement of the HVAC device;
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the motor according to a control program stored in the memory; and
a wireless transceiver configured to facilitate near field communication (NFC) between the actuator and an external device via NFC signals;
wherein the wireless transceiver is configured to use power generated from the NFC signals to (1) transmit a configuration parameter usable by the control program to operate the motor to the external device via the NFC signals; and (2) receive an update to the configuration parameter from the external device via the NFC signals, and the processing circuit is configured to update the control program based on the update to the configuration parameter, wherein the configuration parameter includes a user selectable set point associated with operation of the HVAC device.
1. A heating, ventilating. and air conditioning (HVAC) device, comprising:
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the HVAC device according to a control program stored in the memory; and
a wireless transceiver configured to facilitate near field communication (NFC) between the device and an external device;
wherein the wireless transceiver is configured to use power drawn from the wireless signal to wirelessly transmit data regarding operation of the HVAC device to the external device via NFC.
7. The device of claim 1, wherein the wireless transceiver is configured to receive a configuration parameter from the external device via NFC, and the processing circuit is configured to update the control program based on the configuration parameter.
9. The device of claim 1, wherein the wireless transceiver is configured to use the power drawn from the wireless signal to: transmit a set of configuration parameters to the external device via NFC; and receive an update to at least one configuration parameter of the set of configuration parameters from the external device via NFC.
20. The actuator of claim 18, wherein the diagnostic data includes failure mode data.
4. The device of claim 1, wherein the data includes diagnostic data relating to a failure mode of the device.
Claims 1, 3-7 and 9 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 3-7 and 9 of Patent 11,029,048 (hereafter ‘048). More specifically, as to claims 1, 3-7 and 9 of the instant application, they are anticipated by claims 1, 3-7 and 9 of Patent ‘048 despite a slight difference in wording such that claims 1, 3-7 and 9 of Patent ‘048 contain all the limitations of claims 1, 3-7 and 9 of the instant application. Claims 1, 3-7 and 9 of the instant application therefore are not patently distinct from the earlier patent claim(s) and as such are unpatentable for obviousness-type double patenting.
Claims 1 and 3-7 are additionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 11 and 13-17 of Patent ‘048. More specifically, as to claims 1 and 3-7 of the instant application, they are anticipated by claims 11 and 13-17 of Patent ‘048 despite a slight difference in wording such that claims 11 and 13-17 of Patent ‘048 contain all the limitations of claims 1 and 3-7 of the instant application. Claims 1 and 3-7 of the instant application therefore are not patently distinct from the earlier patent claim(s) and as such are unpatentable for obviousness-type double patenting.
Patent 11,029,048
Instant Application
1. An actuator comprising:
a motor configured to operatively couple to a fluid control valve of an HVAC system;
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the motor according to a control program stored in the memory, wherein the memory is configured to store a plurality of configuration parameters usable by the control program to operate the actuator; and
a wireless transceiver configured to facilitate near field communication (NFC) between the actuator and an external device;
wherein the wireless transceiver is configured to use power drawn from an NFC signal to wirelessly transmit data regarding operation of the actuator to the external device via NFC; wherein the data wirelessly transmitted from the actuator to the external device using the power drawn from the NFC signal includes at least one of the plurality of configuration parameters.
1. A heating, ventilating. and air conditioning (HVAC) device, comprising:
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the HVAC device according to a control program stored in the memory; and
a wireless transceiver configured to facilitate near field communication (NFC) between the device and an external device;
wherein the wireless transceiver is configured to use power drawn from the wireless signal to wirelessly transmit data regarding operation of the HVAC device to the external device via NFC.
3. The actuator of claim 1, wherein the data includes diagnostic data relating to at least one of a timing and a speed of the actuator.
3. The device of claim 1, wherein the data includes diagnostic data relating to at least one of a timing, temperature, or enablement of a mode of the device.
4. The actuator of claim 1, wherein the data includes diagnostic data relating to a failure mode of the actuator.
4. The device of claim 1, wherein the data includes diagnostic data relating to a failure mode of the device.
5. The actuator of claim 1, wherein the processing circuit is configured to perform a diagnostic test and communicate the results of the diagnostic test to the external device via NFC.
5. The device of claim 1, wherein the processing circuit is configured to perform a diagnostic test and communicate the results of the diagnostic test to the external device via NFC.
6. The actuator of claim 1, wherein the wireless transceiver is configured to wirelessly transmit the data via NFC without any wired power or data connections to the actuator.
6. The device of claim 1, wherein the wireless transceiver is configured to wirelessly transmit the data via NFC without any wired power or data connections to the device.
7. The actuator of claim 1, wherein the wireless transceiver is configured to receive an update to the at least one of the plurality of configuration parameters from the external device via NFC, and the processing circuit is configured to update the control program based on the at least one of the configuration parameters.
7. The device of claim 1, wherein the wireless transceiver is configured to receive a configuration parameter from the external device via NFC, and the processing circuit is configured to update the control program based on the configuration parameter.
9. The actuator of claim 1, wherein the wireless transceiver is configured to use the power drawn from the NFC signal to: Transmit the plurality of configuration parameters to the external device via NFC; and receive an update to the at least one of the plurality of configuration parameters from the external device via NFC.
9. The device of claim 1, wherein the wireless transceiver is configured to use the power drawn from the wireless signal to:
transmit a set of configuration parameters to the external device via NFC; and receive an update to at least one configuration parameter of the set of configuration parameters from the external device via NFC.
11. A building device comprising:
a motor configured to control operation of an HVAC device in an HVAC system;
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the motor according to a control program stored in the memory; and
a wireless transceiver configured to facilitate near field communication (NFC) between the building device and an external device;
wherein the wireless transceiver is configured to use power generated from an NFC signal to wirelessly transmit (1) data generated as a result of operating the motor and (2) an operational parameter usable by the control program to operate the motor, to the external device via NFC.
1. A heating, ventilating. and air conditioning (HVAC) device, comprising:
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the HVAC device according to a control program stored in the memory; and
a wireless transceiver configured to facilitate near field communication (NFC) between the device and an external device;
wherein the wireless transceiver is configured to use power drawn from the wireless signal to wirelessly transmit data regarding operation of the HVAC device to the external device via NFC.
13. The building device of claim 11, wherein the data includes diagnostic data relating to at least one of a timing and a speed of the building device.
3. The device of claim 1, wherein the data includes diagnostic data relating to at least one of a timing, temperature, or enablement of a mode of the device.
14. The building device of claim 11, wherein the data includes diagnostic data relating to a failure mode of the building device.
4. The device of claim 1, wherein the data includes diagnostic data relating to a failure mode of the device.
15. The building device of claim 11, wherein the processing circuit is configured to perform a diagnostic test and communicate the results of the diagnostic test to the external device via NFC.
5. The device of claim 1, wherein the processing circuit is configured to perform a diagnostic test and communicate the results of the diagnostic test to the external device via NFC.
16. The building device of claim 11, wherein the wireless transceiver is configured to wirelessly transmit the data via NFC without any wired power or data connections to the building device.
6. The device of claim 1, wherein the wireless transceiver is configured to wirelessly transmit the data via NFC without any wired power or data connections to the device.
17. The building device of claim 11, wherein the wireless transceiver is configured to receive an update to the operational parameter from the external device via NFC, and the processing circuit is configured to update the control program based on the update to the operational parameter.
7. The device of claim 1, wherein the wireless transceiver is configured to receive a configuration parameter from the external device via NFC, and the processing circuit is configured to update the control program based on the configuration parameter.
Claim 1 is additionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 7 (i.e. 1 and 7) of Patent 10,684,029 (hereafter ‘029). More specifically, as to claim 1 of the instant application, claim 7 of Patent ‘029 teaches all the limitations of claim 1 except communicating via NFC. However, US PG Pub. 2015/0341969 to Brochu et al. (hereafter Brochu) teaches controller having processing unit and memory having stored therein firmware for controlling operations of a device/system [Fig. 1 and corresponding text; paragraph 11]; the controller further includes NFC memory and/or interface for communicating with external/auxiliary device including receiving and transmitting data [paragraphs 14, 27, 34, 41, 46-47 and 49; receiving firmware update and transmitting stored device status information, paragraphs 95-96 and 115]. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Patent ‘029 to include a NFC as being considered by Brochu as a type wireless protocol to extend the applicability of Patent ‘029 to a wider platform in configuring and controlling various HVAC devices/systems. Claim 1 of the instant application therefore are not patently distinct from the earlier patent claim(s) and as such are unpatentable for obviousness-type double patenting.
Claims 3, 5-6 and 8 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 3, 7 and 12 (i.e. 1, 10 and 11) of Patent ‘029. Claims 3, 7 and 12 of Patent ‘029 teaches all the limitations of claims 3, 5-6 and 8 with the difference being that Claims 3, 7 and 12 of Patent ’02 being in different claim hierarchy. Claiming limitations in different claim hierarchy is well known in the art and would have been a matter of design choice. Claims 3, 5-6 and 8 of the instant application therefore are not patently distinct from the earlier patent claim(s) and as such are unpatentable for obviousness-type double patenting.
Claims 10-11, 14 and 15 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 7 of Patent ‘029 for the same reason as claim 1 above with respect to Patent ‘029.
Claims 18-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 16 of Patent ‘029 for the same reason as claim 1 above with respect to Patent ‘029.
Patent 10,684,029
Instant Application
1. An actuator in a HVAC system, the actuator comprising:
a transducer;
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the transducer according to a control program stored in the memory, the control program capable of operating multiple different actuator models;
a wireless transceiver configured to facilitate wireless data communications between the processing circuit and an external device; and
a power circuit configured to draw power from a wireless signal received via the wireless transceiver and to power the processing circuit and the wireless transceiver using the drawn power;
wherein the processing circuit is configured to use the power drawn from the wireless signal to wirelessly receive data from the external device via the wireless transceiver and to store the data received from the external device in the memory of the actuator; wherein the data received from the external device comprise model identification parameters identifying a particular actuator model and defining configuration settings specific to the particular actuator model; and wherein the processing circuit uses the model identification parameters to configure the control program with the configuration settings specific to the particular actuator model and operates the actuator as the particular actuator model using the configured control program.
7. The actuator of claim 1, wherein the processing circuit is configured to perform an actuator diagnostic test and to generate diagnostic information as a result of the actuator diagnostic test;
wherein the processing circuit is configured to transmit the diagnostic information generated by the processing circuit to the external device.
1. A heating, ventilating. and air conditioning (HVAC) device, comprising:
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the HVAC device according to a control program stored in the memory; and
a wireless transceiver configured to facilitate near field communication (NFC) between the device and an external device;
wherein the wireless transceiver is configured to use power drawn from the wireless signal to wirelessly transmit data regarding operation of the HVAC device to the external device via NFC.
12. The actuator of claim 11, wherein the operational parameters include at least one of an actuation span, an offset, an actuation speed, and an actuation timing.
3. The device of claim 1, wherein the data includes diagnostic data relating to at least one of a timing, temperature, or enablement of a mode of the device.
7. The actuator of claim 1, wherein the processing circuit is configured to perform an actuator diagnostic test and to generate diagnostic information as a result of the actuator diagnostic test; wherein the processing circuit is configured to transmit the diagnostic information generated by the processing circuit to the external device.
5. The device of claim 1, wherein the processing circuit is configured to perform a diagnostic test and communicate the results of the diagnostic test to the external device via NFC.
3. The actuator of claim 1, wherein the processing circuit is configured to wirelessly receive the data from the external device without requiring any wired power or data connections to the actuator.
6. The device of claim 1, wherein the wireless transceiver is configured to wirelessly transmit the data via NFC without any wired power or data connections to the device.
See claim 7 (i.e. limitations of claim 1) above.
8. The device of claim 1, wherein a model identification parameter identifies a particular model and is used for configuration settings for the model.
1. An actuator in a HVAC system, the actuator comprising:
a transducer;
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the transducer according to a control program stored in the memory, the control program capable of operating multiple different actuator models;
a wireless transceiver configured to facilitate wireless data communications between the processing circuit and an external device; and
a power circuit configured to draw power from a wireless signal received via the wireless transceiver and to power the processing circuit and the wireless transceiver using the drawn power;
wherein the processing circuit is configured to use the power drawn from the wireless signal to wirelessly receive data from the external device via the wireless transceiver and to store the data received from the external device in the memory of the actuator;
wherein the data received from the external device comprise model identification parameters identifying a particular actuator model and defining configuration settings specific to the particular actuator model; and wherein the processing circuit uses the model identification parameters to configure the control program with the configuration settings specific to the particular actuator model and operates the actuator as the particular actuator model using the configured control program.
10. A building device, comprising:
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the motor according to a control program stored in the memory; and
a wireless transceiver configured to facilitate near field communication (NFC) between the building device and an external device;
wherein the wireless transceiver is configured to wirelessly receive a model identification parameter from a wireless client device and identifies a particular model and updates configuration settings associated with the model as a result of receiving the model identification parameter via NFC.
7. The actuator of claim 1, wherein the processing circuit is configured to perform an actuator diagnostic test and to generate diagnostic information as a result of the actuator diagnostic test; wherein the processing circuit is configured to transmit the diagnostic information generated by the processing circuit to the external device.
11. The building device of claim 10, wherein the data includes diagnostic data relating to a plurality of operational parameters of the building device.
7. The actuator of claim 1, wherein the processing circuit is configured to perform an actuator diagnostic test and to generate diagnostic information as a result of the actuator diagnostic test; wherein the processing circuit is configured to transmit the diagnostic information generated by the processing circuit to the external device.
14. The building device of claim 10, wherein the processing circuit is configured to perform a diagnostic test and communicate the results of the diagnostic test to the wireless client device via NFC.
3. The actuator of claim 1, wherein the processing circuit is configured to wirelessly receive the data from the external device without requiring any wired power or data connections to the actuator.
15. The building device of claim 10, wherein the wireless transceiver is configured to wirelessly transmit the data via NFC without any wired power or data connections to the building device.
16. A method for configuring and operating an actuator in a HVAC system, the method comprising: storing a control program in a memory of the actuator, the control program capable of operating multiple different actuator models; drawing power from a wireless signal received at a wireless transceiver of the actuator; using the power drawn from the wireless signal to power a processing circuit of the actuator; receiving data from an external device via the wireless transceiver, the received data comprising model identification parameters that identify a particular actuator model and define configuration settings specific to the particular actuator model; using the model identification parameters to configure the control program with the configuration settings specific to the particular actuator model; and using the configured control program to operate a transducer of the actuator according to the configuration settings specific to the particular actuator model.
18. A method of operating an device, comprising: operating the device according to a control program stored in a memory of the device; storing data regarding operation of the device in the memory of the device; transmitting the data from the device to a wireless client device via near field communication (NFC); transmitting a model identification parameter from the wireless client device via NFC, the model identification parameter identifying a particular model; and updating configuration settings associated with the model.
19. The method of claim 18, further comprising: receiving a wireless signal from the wireless client device via NFC; and drawing power from the wireless signal to power a wireless transceiver of the device.
20. The method of claim 19, further comprising: using the power drawn from the wireless signal to communicate with the wireless client device via NFC.
Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 9 of Patent 10,291,292 (hereafter ‘292). More specifically, as to claim 1 of the instant application, claim 9 of Patent ‘292 teaches all the limitations of claim 1except a HVAC device. However, Patent ‘292 disclosed a building device. Furthermore, US PG Pub. 2015/0081928 to Wintzell et al. a control device with a flow sensor measuring total through-flow in a fluid system of an HVAC device [paragraph 67; paragraph 54; paragraph 56, lines 7-8] and an actuator coupled to a controller (system) communicatively controlled by an administration device via an NFC interface [paragraphs 43 and 49]. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Patent ‘497 to include a HVAC device as being considered by Wintzell as being a type of building device to extend the applicability of Patent ‘497 to a wider platform in configuring and controlling various building devices. Claim 1 of the instant application therefore is not patently distinct from the earlier patent claim(s) and as such are unpatentable for obviousness-type double patenting.
Claim 10 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 9 of Patent ‘292. More specifically, as to claim 10 of the instant application, claim 9 of Patent ‘292 teaches all the limitations of claim 10 except a motor. However, Patent ‘292 disclosed a mechanical actuator. Furthermore, motor is a well known type of actuator. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Patent ‘292 to include motor as a specific type of actuator as a matter of design choice. Claim 10 of the instant application therefore are not patently distinct from the earlier patent claim(s) and as such are unpatentable for obviousness-type double patenting.
Patent 10,291,292
Instant Application
9. A building device comprising:
a mechanical actuator;
a processing circuit comprising a memory, wherein the processing circuit is capable of operating as a plurality of different building device models, wherein the memory is configured to store one or more operational parameters associated with each of the plurality of different building device models, wherein the processing circuit is configured to operate the mechanical actuator according to a control program stored in the memory; and
a near field communication (NFC) circuit configured to: generate power using a wireless signal generated by a mobile device and received via the NFC circuit;
power the NFC communication circuit and the processing circuit of the sensor using the generated power; and facilitate bidirectional NFC data communications between the building device and the mobile device using the generated power; wherein the processing circuit is configured to wirelessly transmit data stored in the memory of the building device to the mobile device via the NFC circuit using the generated power, wirelessly receive data from the mobile device via the NFC circuit using the generated power, wherein the received data comprises a model identification parameter identifying a particular building device model of the plurality of different building device models, store the data received from the mobile device in the memory of the building device using the generated power, and operate based on the one or more operational parameters associated with the particular building device model identified by the model identification parameter.
1. A heating, ventilating. and air conditioning (HVAC) device, comprising:
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the HVAC device according to a control program stored in the memory; and
a wireless transceiver configured to facilitate near field communication (NFC) between the device and an external device;
wherein the wireless transceiver is configured to use power drawn from the wireless signal to wirelessly transmit data regarding operation of the HVAC device to the external device via NFC.
9. A building device comprising:
a mechanical actuator;
a processing circuit comprising a memory, wherein the processing circuit is capable of operating as a plurality of different building device models, wherein the memory is configured to store one or more operational parameters associated with each of the plurality of different building device models, wherein the processing circuit is configured to operate the mechanical actuator according to a control program stored in the memory; and
a near field communication (NFC) circuit configured to: generate power using a wireless signal generated by a mobile device and received via the NFC circuit;
power the NFC communication circuit and the processing circuit of the sensor using the generated power; and facilitate bidirectional NFC data communications between the building device and the mobile device using the generated power; wherein the processing circuit is configured to wirelessly transmit data stored in the memory of the building device to the mobile device via the NFC circuit using the generated power, wirelessly receive data from the mobile device via the NFC circuit using the generated power, wherein the received data comprises a model identification parameter identifying a particular building device model of the plurality of different building device models, store the data received from the mobile device in the memory of the building device using the generated power, and operate based on the one or more operational parameters associated with the particular building device model identified by the model identification parameter.
10. A building device, comprising:
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the motor according to a control program stored in the memory; and a wireless transceiver configured to facilitate near field communication (NFC) between the building device and an external device; wherein the wireless transceiver is configured to wirelessly receive a model identification parameter from a wireless client device and identifies a particular model and updates configuration settings associated with the model as a result of receiving the model identification parameter via NFC.
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 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 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US PG Pub. 2015/0341969 to Brochu et al. (hereafter Brochu) in view of US PG Pub. 2015/0081928 to Wintzell et al. (hereafter Wintzell).
As to claim 1, Brochu teaches the invention substantially as claimed including a device, comprising:
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the device according to a control program stored in the memory [controller having processing unit and memory having stored therein firmware for controlling operations of a device/system. Fig. 1 and corresponding text; paragraph 11]; and
a wireless transceiver configured to facilitate near field communication (NFC) between the device and an external device [NFC memory and/or interface of a controller for communicating with external/auxiliary device including receiving and transmitting data, paragraphs 14, 27, 34, 41, 46-47 and 49; receiving firmware update and transmitting stored device status information, paragraphs 95-96 and 115];
wherein the wireless transceiver is configured to use power drawn from the wireless signal to wirelessly transmit data regarding operation of the device to the external device via NFC [using energy drawn from the signal carrying the device status request to transmit the reply signal conveying data stored on passive memory of controller to external device, paragraph 46, lines 4-17; paragraphs 47, 49 and 126].
Brochu does not specifically teach the device being an HVAC device. However, Brochu disclosed a controller for controlling functions of household and industrial devices/system having a motor, controlling operation of the motor in accordance to a firmware [paragraph 44, lines 1-7; paragraphs 2 and 70]. Furthermore, Wintzell teaches an actuator being a motor operating an HVAC vent [paragraph 54; paragraph 56, lines 7-8] such that the actuator coupled to a controller (system) communicatively controlled by an administration device via an NFC interface [paragraphs 43 and 49]. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Brochu’s system to include an HVAC control(ler) system of Wintzell to extend the applicability of Brochu’s building device configuration and control system to a wider platform to achieve the predictable result of configuring and controlling various building devices.
As to claim 2, Brochu teaches the invention substantially as claimed including wherein the data comprises a log comprising data relating to a plurality of operational parameters of the device [data pertaining to errors or malfunctions during operation of the controller, paragraph 95].
As to claim 3, Brochu teaches the invention substantially as claimed including wherein the data includes diagnostic data relating to at least one of a timing, temperature, or enablement of a mode of the device [data pertaining to errors or malfunctions during operation of the controller such that passive memory component of controller is in or execute status reporting mode/process in replying with portion of data in error log, paragraphs 95 and 115].
As to claim 4, Brochu teaches the invention substantially as claimed including wherein the data includes diagnostic data relating to a failure mode of the device [data pertaining to errors or malfunctions during operation of the controller, paragraph 95].
As to claim 5, Brochu teaches the invention substantially as claimed including wherein the processing circuit is configured to perform a diagnostic test and communicate the results of the diagnostic test to the external device via NFC [provide diagnostic information associated with the operation of the controller to the auxiliary device, paragraph 61].
As to claim 6, Brochu teaches the invention substantially as claimed including wherein the wireless transceiver is configured to wirelessly transmit the data via NFC without any wired power or data connections to the device [wirelessly communicate in the absence of electrical power being supplied to the programmable controller, paragraphs 47, 49 and 59].
As to claim 7, Brochu teaches the invention substantially as claimed including wherein the wireless transceiver is configured to receive a configuration parameter from the external device via NFC, and the processing circuit is configured to update the control program based on the configuration parameter [firmware update information includes information/instructions for controlling operations, provide additional features, and implementation of configurations affecting operations of the system/device, paragraphs 11, 15-16 and 75; paragraph 105, lines 4-22].
As to claim 8, Brochu teaches the invention substantially as claimed including wherein a model identification parameter identifies a particular model and is used for configuration settings for the model [different configuration/model/variation of a device being activated or configured, paragraphs 3, 16, 73-74 and 81-82].
As to claim 9, Brochu teaches the invention substantially as claimed including wherein the wireless transceiver is configured to use the power drawn from the wireless signal to: transmit a set of configuration parameters to the external device via NFC; and receive an update to at least one configuration parameter of the set of configuration parameters from the external device via NFC [identification code of controller conveying hardware platform information (i.e. implicitly convey platform related firmware/configuration information) is transmitted to the auxiliary device that in turn transmit firmware updated information, paragraph 114; paragraph 125, lines 4-15; firmware update information includes information/instructions for controlling operations, provide additional features, and implementation of configurations affecting operations of the system/device, paragraphs 11, 15-16 and 75; paragraph 105, lines 4-22].
As to claim 10, Brochu teaches the invention substantially as claimed including a building device, comprising:
a processing circuit comprising a processor and memory, wherein the processing circuit is configured to operate the motor according to a control program stored in the memory [controller having processing unit and memory having stored therein firmware for controlling operations of a device/system. Fig. 1 and corresponding text; paragraph 11; programmable controller having an updatable firmware for controlling the operation of devices including a motor, paragraphs 44, 64, 68, 70 and 105; abstract]; and
a wireless transceiver configured to facilitate near field communication (NFC) between the building device and an external device [NFC memory and/or interface of a controller for communicating with external/auxiliary device including receiving and transmitting data, paragraphs 14, 27, 34, 41, 46-47 and 49; receiving firmware update and transmitting stored device status information, paragraphs 95-96 and 115];
wherein the wireless transceiver is configured to wirelessly receive a model identification parameter from a wireless client device and identifies a particular model and updates configuration settings associated with the model as a result of receiving the model identification parameter via NFC [different configuration/model/variation of a device being activated or configured, paragraphs 3, 16, 73-74 and 81-82].
As to claim 11, Brochu teaches the invention substantially as claimed including wherein the data includes diagnostic data relating to a plurality of operational parameters of the building device [data pertaining to errors or malfunctions during operation of the controller, paragraph 95].
As to claim 12, Brochu teaches the invention substantially as claimed including wherein the data includes diagnostic data relating to at least one of a timing, temperature, or enablement parameter for the building device [data pertaining to errors or malfunctions during operation of the controller such that passive memory component of controller is in or execute status reporting mode/process in replying with portion of data in error log, paragraphs 95 and 115].
As to claim 13, Brochu teaches the invention substantially as claimed including wherein the data includes diagnostic data relating to a failure mode of the building device [data pertaining to errors or malfunctions during operation of the controller, paragraph 95].
As to claim 14, Brochu teaches the invention substantially as claimed including wherein the processing circuit is configured to perform a diagnostic test and communicate the results of the diagnostic test to the wireless client device via NFC [provide diagnostic information associated with the operation of the controller to the auxiliary device, paragraph 61].
As to claim 15, Brochu teaches the invention substantially as claimed including wherein the wireless transceiver is configured to wirelessly transmit the data via NFC without any wired power or data connections to the building device [wirelessly communicate in the absence of electrical power being supplied to the programmable controller, paragraphs 47, 49 and 59].
As to claim 16, Brochu teaches the invention substantially as claimed including wherein the wireless transceiver is configured to receive a configuration parameter from the wireless client device via NFC, and the processing circuit is configured to update the control program based on the configuration parameter [wirelessly communicate in the absence of electrical power being supplied to the programmable controller, paragraphs 47, 49 and 59].
As to claim 17, Brochu teaches the invention substantially as claimed including wherein the configuration parameter includes a timing parameter for operation of the building device [parameter or operation being control being speed, which equates to distance over time, paragraph 70; electronic controllers integrated in device being controlled, paragraph 8].
As to claim 18, Brochu teaches the invention substantially as claimed including method of operating an device, comprising:
operating the device according to a control program stored in a memory of the device [controller having processing unit and memory having stored therein firmware for controlling operations of a device/system. Fig. 1 and corresponding text; paragraph 11];
storing data regarding operation of the device in the memory of the device [memory components of controller storing firmware and data for controlling operation of the controller, paragraph 75];
transmitting the data from the device to a wireless client device via near field communication (NFC) [NFC memory and/or interface of a controller for communicating with external/auxiliary device including receiving and transmitting data, paragraphs 14, 27, 34, 41, 46-47 and 49; receiving firmware update and transmitting stored device status information, paragraphs 95-96 and 115];
transmitting a model identification parameter from the wireless client device via NFC, the model identification parameter identifying a particular model [transmission of firmware update information pertaining to different configuration/model/variation of a device being activated or configured, paragraphs 3, 16, 73-74 and 81-82]; and
updating configuration settings associated with the model [updating firmware of controller using firmware update information in adapting the controller to different variations/models, paragraphs 14-17, 73-74 and 81-82].
As to claim 19, Brochu teaches the invention substantially as claimed including further comprising:
receiving a wireless signal from the wireless client device via NFC; and
drawing power from the wireless signal to power a wireless transceiver of the device [using energy drawn from the signal carrying the device status request to transmit the reply signal conveying data stored on passive memory of controller to external device via NFC, paragraph 46, lines 4-17; paragraphs 47, 49 and 126].
As to claim 20, Brochu teaches the invention substantially as claimed including further comprising: using the power drawn from the wireless signal to communicate with the wireless client device via NFC [using energy drawn from the signal carrying the device status request to transmit the reply signal conveying data stored on passive memory of controller to external device via NFC, paragraph 46, lines 4-17; paragraphs 47, 49 and 126].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QING YUAN WU whose telephone number is (571)272-3776. The examiner can normally be reached M-F 9AM-6PM EST.
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/QING YUAN WU/Primary Examiner, Art Unit 2199
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