Prosecution Insights
Last updated: August 06, 2026
Application No. 18/909,823

PROCESS AND APPARATUS FOR MONITORING AND/OR CONTROLLING AN AIR CONDITIONING AND/OR HEATING PLANT

Non-Final OA §DP
Filed
Oct 08, 2024
Priority
Jul 25, 2019 — IT 102019000012927 +2 more
Examiner
DUNN, DARRIN D
Art Unit
Tech Center
Assignee
Cimberio Holdings S R L
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
689 granted / 916 resolved
+15.2% vs TC avg
Strong +24% interview lift
Without
With
+24.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
23 currently pending
Career history
948
Total Applications
across all art units

Statute-Specific Performance

§101
15.2%
-24.8% vs TC avg
§103
57.6%
+17.6% vs TC avg
§102
11.3%
-28.7% vs TC avg
§112
10.9%
-29.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 916 resolved cases

Office Action

§DP
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Objections Claim 1 lacks antecedent basis for: “the same service line;” “ the flow rate;” “the temperature;” “the central group.” Appropriate correction is required. Claims 2 lacks antecedent basis for: “the volume” Appropriate correction is required. Claim 4 lacks antecedent basis for: “the basis” “the values assumed” Appropriate correction is required. Claim 7 lacks antecedent basis for: “the basis” “the value of said temperature difference” Appropriate correction is required. Claim 10 lacks antecedent basis for: “if the difference” Appropriate correction is required. Claim 13 lacks antecedent basis for: “the flow rate” “the temperature of the carrier fluid” “the same service line” the central group” Appropriat.e correction is required. Claim 15 lacks antecedent basis for: “the volume of carrier fluid” Appropriate correction is required Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1, 13, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of U.S. Patent No. 12169075. Although the claims at issue are not identical, they are not patentably distinct from each other because the incorporation of dependent claim 11, into independent form, for ‘075, teaches each and every limitation of respective claims 1, 13, and 20. 17/630131 USPN12169075 18/909823 1. A process of controlling a plant for air conditioning or heating, said plant comprising a delivery line, a return line and a predetermined number of service lines hydraulically interposed between the delivery line and the return line, each service line comprising a thermal exchange unit, wherein said process comprises: circulating a carrier fluid through at least one service line of the service lines so that a carrier fluid particle traversing a first section of the service line upstream of the thermal exchange unit subsequently traverses a second section of the service line placed downstream of the thermal exchange unit, with a hydraulic delay (dt) given by a time necessary for the carrier fluid particle to pass from the first to the second section, repeating a cycle comprising: a) determining at least one value of a temperature difference (ΔT) between: a temperature (Tt1) of the carrier fluid, at the first section, detected at a first instant (t1), and a temperature (Tt2) of the carrier fluid, at the second section, detected at a second instant (t2), wherein the second instant is subsequent to the first instant (t1) by said hydraulic delay (dt), and b) detecting a value (φ) of the flow rate of the carrier fluid traversing the thermal exchange unit, wherein, in each repetition of the cycle, the process includes obtaining at least one pair of values, comprising the value of said temperature difference (ΔT) and the value of the carrier fluid flow rate (φ); and the process further comprises: using a plurality of said pairs of said values obtained from the repetition of the cycle, determining at least one of: a characteristic function which relates said temperature difference (ΔT) between the first and the second section to said value of the carrier fluid flow rate (φ), and a characteristic function which relates a thermal power exchanged (dQ/dt) by the thermal exchange unit to said value of the carrier fluid flow rate (φ); receiving at least one desired value of an operating parameter, the operating parameter comprising at least one of: thermal power exchanged by the carrier fluid in the passage through each thermal exchange unit, heat exchanged by the carrier fluid in a predetermined time interval in the passage through each thermal exchange unit, or a temperature difference (ΔT) between temperature (Tt1) of the carrier fluid, at the first section, detected at a first instant (t1), and temperature (Tt2) of the carrier fluid, at the second section, detected at a second instant (t2); determining, for each thermal exchange unit, an actual value of said operating parameter; comparing said desired value of the operating parameter with said actual value of the operating parameter and determining if said actual value differs from the desired value by more than a predetermined threshold; and in response to the determination that the difference is more than the predetermined threshold, performing a control step including at least one of: driving a central thermal treatment group connected to the delivery line to regulate at least one general parameter selected from among: flow rate set for the carrier fluid, hydraulic head set for the carrier fluid traversing the central thermal treatment group, heating set for the carrier fluid traversing the central thermal treatment group, cooling set for the carrier fluid traversing the central group, driving the flow rate regulator present on the service line of the thermal exchange unit, or driving a thermal exchange modulator associated with the thermal exchange unit. Claim 11: 11. The process according to claim 1, wherein each service line comprises: at least one flow rate regulator configured for controlling the flow rate of the carrier fluid traversing the thermal exchange unit, at least one first thermal sensor configured for detecting the temperature of the carrier fluid at the first section of the service line and a second thermal sensor for detecting the temperature of the carrier fluid at the second section of the same-service line, and at least one hydraulic sensor configured for determining the flow rate (φ) of carrier fluid 1. A device for controlling a plant for air conditioning or heating, said plant comprising a delivery line, a return line, a predetermined number of service lines hydraulically interposed between the delivery line and the return line, and a central thermal treatment group connected to the delivery line, each service line comprising at least one thermal exchange unit, said device comprising: a flow rate regulator configured for controlling the flow rate of carrier fluid traversing the thermal exchange unit, a first thermal sensor configured for detecting the temperature of the carrier fluid at a first section of the service line upstream of the thermal exchange unit and a second thermal sensor for detecting the temperature of the carrier fluid at a second section of the same service line downstream of the thermal exchange unit, a hydraulic sensor configured for determining the flow rate (φ) of carrier fluid, a control unit connected or connectable with: the flow rate regulator or the central group or both the flow regulator and the central group, the first and the second thermal sensors, and the hydraulic sensor, wherein said control unit is configured for executing a process comprising: causing circulation of a carrier fluid through at least one service line of the service lines so that a carrier fluid particle traversing a first section of the service line upstream of the thermal exchange unit subsequently traverses a second section of the same service line placed downstream of the thermal exchange unit, with a hydraulic delay (dt) given by a time necessary for the carrier fluid particle to pass from the first to the second section, repeating a cycle in turn comprising: a) determining at least one value of the temperature difference (ΔT) between:  a temperature (Tt1) of the carrier fluid, at the first section, detected at a first instant (t1), and  a temperature (Tt2) of the carrier fluid, at the second section, detected at a second instant (t2), wherein the second instant is subsequent to the first instant (t1) by said hydraulic delay (dt), b) detecting the value (φ) of the flow rate of the carrier fluid traversing the thermal exchange unit, wherein, in each repletion of the cycle, the process includes obtaining at least one pair of values comprising the value of said temperature difference (ΔT) and the value of the carrier fluid flow rate (φ); wherein the process further comprises: using a plurality of said pairs of said values, obtained from repeating the cycle, determining a characteristic function which relates:  said temperature difference (ΔT) between the first and the second section to said value of the carrier fluid flow rate (φ), or  a thermal power (dQ/dt) exchanged by the thermal exchange unit to said value of the carrier fluid flow rate (φ), defining an optimal field of operation of the thermal exchange unit using the characteristic function ( driving at least one of the central thermal treatment group and the flow rate regulator for maintaining the flow rate of the carrier fluid traversing the thermal exchange unit within the optimal field of operation. 1. A process of controlling a plant for air conditioning or heating, said plant comprising a delivery line, a return line and a predetermined number of service lines hydraulically interposed between the delivery line and the return line, each service line comprising a thermal exchange unit, wherein said process comprises: circulating a carrier fluid through at least one service line of the service lines so that a carrier fluid particle traversing a first section of the service line upstream of the thermal exchange unit subsequently traverses a second section of the service line placed downstream of the thermal exchange unit, with a hydraulic delay (dt) given by a time necessary for the carrier fluid particle to pass from the first to the second section, repeating a cycle comprising: a) determining at least one value of a temperature difference (ΔT) between: a temperature (Tt1) of the carrier fluid, at the first section, detected at a first instant (t1), and a temperature (Tt2) of the carrier fluid, at the second section, detected at a second instant (t2), wherein the second instant is subsequent to the first instant (t1) by said hydraulic delay (dt), and b) detecting a value (φ) of the flow rate of the carrier fluid traversing the thermal exchange unit, wherein, in each repetition of the cycle, the process includes obtaining at least one pair of values, comprising the value of said temperature difference (ΔT) and the value of the carrier fluid flow rate (φ); and the process further comprises: using a plurality of said pairs of said values obtained from the repetition of the cycle, determining at least one of: a characteristic function which relates said temperature difference (ΔT) between the first and the second section to said value of the carrier fluid flow rate (φ), and a characteristic function which relates a thermal power exchanged (dQ/dt) by the thermal exchange unit to said value of the carrier fluid flow rate (φ); receiving at least one desired value of an operating parameter, the operating parameter comprising at least one of: thermal power exchanged by the carrier fluid in the passage through each thermal exchange unit, heat exchanged by the carrier fluid in a predetermined time interval in the passage through each thermal exchange unit, or a temperature difference (ΔT) between temperature (Tt1) of the carrier fluid, at the first section, detected at a first instant (t1), and temperature (Tt2) of the carrier fluid, at the second section, detected at a second instant (t2); determining, for each thermal exchange unit, an actual value of said operating parameter; comparing said desired value of the operating parameter with said actual value of the operating parameter and determining if said actual value differs from the desired value by more than a predetermined threshold; and in response to the determination that the difference is more than the predetermined threshold, performing a control step including at least one of: driving a central thermal treatment group connected to the delivery line to regulate at least one general parameter selected from among: flow rate set for the carrier fluid, hydraulic head set for the carrier fluid traversing the central thermal treatment group, heating set for the carrier fluid traversing the central thermal treatment group, cooling set for the carrier fluid traversing the central group, driving the flow rate regulator present on the service line of the thermal exchange unit, or driving a thermal exchange modulator associated with the thermal exchange unit. Claim 11: 11. The process according to claim 1, wherein each service line comprises: at least one flow rate regulator configured for controlling the flow rate of the carrier fluid traversing the thermal exchange unit, at least one first thermal sensor configured for detecting the temperature of the carrier fluid at the first section of the service line and a second thermal sensor for detecting the temperature of the carrier fluid at the second section of the same-service line, and at least one hydraulic sensor configured for determining the flow rate (φ) of carrier fluid 13. A device for controlling a plant for air conditioning or heating, said plant comprising a delivery line, a return line, a predetermined number of service lines hydraulically interposed between the delivery line and the return line, and a central thermal treatment group connected to the delivery line, each service line comprising at least one thermal exchange unit, said device comprising: a flow rate regulator configured for controlling the flow rate of carrier fluid traversing the thermal exchange unit, a first thermal sensor configured for detecting the temperature of the carrier fluid at a first section of the service line upstream of the thermal exchange unit and a second thermal sensor for detecting the temperature of the carrier fluid at a second section of the same service line downstream of the thermal exchange unit, a hydraulic sensor configured for determining the flow rate (φ) of carrier fluid, a control unit connected or connectable with: the flow rate regulator or the central group or both the flow regulator and the central group, the first and the second thermal sensors, and the hydraulic sensor, wherein said control unit is configured for executing a process comprising: causing circulation of a carrier fluid through at least one service line of the service lines so that a carrier fluid particle traversing a first section of the service line upstream of the thermal exchange unit subsequently traverses a second section of the same service line placed downstream of the thermal exchange unit, with a hydraulic delay (dt) given by a time necessary for the carrier fluid particle to pass from the first to the second section; receiving at least one desired value of an operating parameter comprising at least one of: thermal power (dQ/dt) exchanged by the carrier fluid in the passage through each thermal exchange unit; heat exchanged by the carrier fluid in a predetermined time interval in the passage through each thermal exchange unit; temperature difference (ΔT) between temperature (Tt1) of the carrier fluid, at the first section, detected at a first instant (t1), and temperature (Tt2) of the carrier fluid, at the second section, detected at a second instant (t2); determining, for each thermal exchange unit, an actual value of said operating parameter; comparing said desired value of the operating parameter with said actual value of the same operating parameter and determining if the actual value differs from the desired value by more than a predetermined threshold; in response to the determination that the actual value differs from the desired value by more than a predetermined threshold performing a control step comprising at least one of: driving the central thermal treatment group to regulate at least one general parameter selected from among: flow rate set for the carrier fluid, hydraulic head set for the carrier fluid traversing the central group, heating set for the carrier fluid traversing the central group, cooling set for the carrier fluid traversing the central group, driving the flow rate regulator present on the channel of the thermal exchange unit, driving a thermal exchange modulator associated with the thermal exchange unit. 1. A process of controlling a plant for air conditioning or heating, said plant comprising a delivery line, a return line and a predetermined number of service lines hydraulically interposed between the delivery line and the return line, each service line comprising a thermal exchange unit, wherein said process comprises: circulating a carrier fluid through at least one service line of the service lines so that a carrier fluid particle traversing a first section of the service line upstream of the thermal exchange unit subsequently traverses a second section of the service line placed downstream of the thermal exchange unit, with a hydraulic delay (dt) given by a time necessary for the carrier fluid particle to pass from the first to the second section, repeating a cycle comprising: a) determining at least one value of a temperature difference (ΔT) between: a temperature (Tt1) of the carrier fluid, at the first section, detected at a first instant (t1), and a temperature (Tt2) of the carrier fluid, at the second section, detected at a second instant (t2), wherein the second instant is subsequent to the first instant (t1) by said hydraulic delay (dt), and b) detecting a value (φ) of the flow rate of the carrier fluid traversing the thermal exchange unit, wherein, in each repetition of the cycle, the process includes obtaining at least one pair of values, comprising the value of said temperature difference (ΔT) and the value of the carrier fluid flow rate (φ); and the process further comprises: using a plurality of said pairs of said values obtained from the repetition of the cycle, determining at least one of: a characteristic function which relates said temperature difference (ΔT) between the first and the second section to said value of the carrier fluid flow rate (φ), and a characteristic function which relates a thermal power exchanged (dQ/dt) by the thermal exchange unit to said value of the carrier fluid flow rate (φ); receiving at least one desired value of an operating parameter, the operating parameter comprising at least one of: thermal power exchanged by the carrier fluid in the passage through each thermal exchange unit, heat exchanged by the carrier fluid in a predetermined time interval in the passage through each thermal exchange unit, or a temperature difference (ΔT) between temperature (Tt1) of the carrier fluid, at the first section, detected at a first instant (t1), and temperature (Tt2) of the carrier fluid, at the second section, detected at a second instant (t2); determining, for each thermal exchange unit, an actual value of said operating parameter; comparing said desired value of the operating parameter with said actual value of the operating parameter and determining if said actual value differs from the desired value by more than a predetermined threshold; and in response to the determination that the difference is more than the predetermined threshold, performing a control step including at least one of: driving a central thermal treatment group connected to the delivery line to regulate at least one general parameter selected from among: flow rate set for the carrier fluid, hydraulic head set for the carrier fluid traversing the central thermal treatment group, heating set for the carrier fluid traversing the central thermal treatment group, cooling set for the carrier fluid traversing the central group, driving the flow rate regulator present on the service line of the thermal exchange unit, or driving a thermal exchange modulator associated with the thermal exchange unit. Claim 11: 11. The process according to claim 1, wherein each service line comprises: at least one flow rate regulator configured for controlling the flow rate of the carrier fluid traversing the thermal exchange unit, at least one first thermal sensor configured for detecting the temperature of the carrier fluid at the first section of the service line and a second thermal sensor for detecting the temperature of the carrier fluid at the second section of the same-service line, and at least one hydraulic sensor configured for determining the flow rate (φ) of carrier fluid 20. A device for controlling a plant for air conditioning or heating, said plant comprising a delivery line, a return line, a predetermined number of service lines hydraulically interposed between the delivery line and the return line, and a central thermal treatment group connected to the delivery line, each service line comprising at least one thermal exchange unit, said device comprising: a flow rate regulator configured for controlling the flow rate of carrier fluid traversing the thermal exchange unit, a first thermal sensor configured for detecting the temperature of the carrier fluid at a first section of the service line upstream of the thermal exchange unit and a second thermal sensor for detecting the temperature of the carrier fluid at a second section of the same service line downstream of the thermal exchange unit, a hydraulic sensor configured for determining the flow rate (φ) of carrier fluid, a control unit connected or connectable with: the flow rate regulator or the central group or both the flow regulator and the central group, the first and the second thermal sensors, and the hydraulic sensor, wherein said control unit is configured for executing a process comprising: causing circulation of a carrier fluid through at least one service line of the service lines so that a carrier fluid particle traversing a first section of the service line upstream of the thermal exchange unit subsequently traverses a second section of the same service line placed downstream of the thermal exchange unit, with a hydraulic delay (dt) given by a time necessary for the carrier fluid particle to pass from the first to the second section, determining at least one value of the temperature difference (ΔT) between: a temperature (Tt1) of the carrier fluid, at the first section, detected at a first instant (t1), and a temperature (Tt2) of the carrier fluid, at the second section, detected at a second instant (t2), wherein the second instant is subsequent to the first instant (t1) by said hydraulic delay (dt), driving at least one of: the central thermal treatment group, the flow rate regulator, and a thermal exchange modulator associated with the thermal exchange unit, as a function of: the temperature difference as measured above, or of an actual value of an operating parameter in turn being a function of the above-measured temperature difference, and a desired value of the temperature difference or of the operating parameter. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 20170067656 describes a conditioning or heating plant and a process of controlling the plant, wherein plant comprises at least one circuit for distributing a carrier fluid, having a delivery line, a return line, and a plurality of channels directly or indirectly connected to the delivery line and return line and configured for supplying respective environments to be conditioned and/or heated, at least one heat treatment central group placed on the circuit. The plant has, for each of the channels, at least one respective heat exchange unit and at least one flow-rate regulator. 20180210474 describes a method for operating and/or monitoring an HVAC system (10), in which a medium circulating in a primary circuit (26) flows through at least one energy consumer (11, 12, 13), the medium entering with a volume flow (φ) through a supply line (14) into the energy consumer (11, 12, 13) at a supply temperature (Tv) and leaving the energy consumer (11, 12, 13) at a return temperature (TR) via a return line (15), and transferring heat or cooling energy to the energy consumer (11, 12, 13) in an energy flow (E). A control unit (21) adaptively operates the system by empirically determining the dependence of the energy flow (F) and/or the temperature difference ΔT between supply temperature (Tv) and return temperature (TR) on the volume flow (φ) for the energy consumers (11, 12, 13) in a first step, and by operating and/or monitoring the HVAC system (10) according to the determined dependency or dependencies in a second step. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARRIN D DUNN whose telephone number is (571)270-1645. The examiner can normally be reached M-Sat (10-8) PST. 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. /DARRIN D DUNN/Patent Examiner, Art Unit 2117
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Prosecution Timeline

Oct 08, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
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Grant Probability
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3y 1m (~1y 4m remaining)
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