Prosecution Insights
Last updated: October 02, 2026
Application No. 18/964,759

SELECTIVE AIR CONDITIONING IN RESPONSE TO ELECTRICITY RATES

Non-Final OA §103
Filed
Dec 02, 2024
Priority
Jan 31, 2024 — provisional 63/627,655 +1 more
Examiner
AZAD, MD ABUL K
Art Unit
Tech Center
Assignee
Carrier Corporation
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
549 granted / 674 resolved
+21.5% vs TC avg
Strong +21% interview lift
Without
With
+20.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
24 currently pending
Career history
688
Total Applications
across all art units

Statute-Specific Performance

§101
15.1%
-24.9% vs TC avg
§103
45.2%
+5.2% vs TC avg
§102
4.2%
-35.8% vs TC avg
§112
19.1%
-20.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 674 resolved cases

Office Action

§103
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 The action is in response to the Applicant’s communication filed on 12/02/2024. Claims 1-24 are pending, where claims 1 and 13 are independent. This application claims the priority benefit of the provisional appl.no. 63/684689 filed on 08/19/2024 incorporated herein. Information Disclosure Statement The information disclosure statement (IDS) submitted on 12/02/2024 and 07/25/2025 has been filed on/after the filing date of the application. The submission is in-compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p) because: reference characters "248" and "270" have both been used to designate "LOADS" in Fig.1. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Specification Objection The disclosure is objected to because of the following informalities: a) The reference characters "270" have been used to designate both the elements the element “loads” and “indoor loads” in para [0066-67]. Appropriate correction is required. b) The reference characters "248" and "270" have both been used to designate the element “loads in para [0058] [0066-68]. Appropriate correction is required. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 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. Claims 1-24 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Jang, USPGPub No. 20120022702 A1. As to claim 1, Jang discloses A method of providing selective air conditioning in an air conditioning system including a plurality of zones, each zone having a respective air conditioning device associated therewith (Jang [abstract] “controlling air conditioner includes receiving an electric power rate information - peak power rates, costs associated with operating the air conditioner reduced by limiting operation of the indoor and outdoor units - adjusting the temperatures of the indoor rooms by distributing air among the plurality of the indoor rooms” see Fig. 1-13), the method comprising: determining there is a need for selective air conditioning; upon determining there is the need for selective air conditioning, sending a notice to a user device; receiving, at the user device, a selection of zones to be enabled of the plurality of zones and/or a selection of zones to be disabled of the plurality of zones; (Jang [0012-53] “air conditioner - in a plurality of indoor rooms, and implement temperature adjustment and ventilation - control power consumption according to a level of a power rate - Energy Management System (EMS) provide real-time electric power management and power consumption forecasts - Advanced Metering Infrastructure (AMI) provide real-time metering of power consumption - real-time price quote based on market rates delivered to the consumer - EMS communicate with each of the electric appliances to control the devices based on the received information - user implement an electric power information process to manage power consumption or to set power rate limits based on the received power information” [abstract] “controlling air conditioner includes receiving an electric power rate information - peak power rates, costs associated with operating the air conditioner reduced by limiting operation of the indoor and outdoor units - adjusting the temperatures of the indoor rooms by distributing air among the plurality of the indoor rooms” see Fig. 1-13, EMS, AMI for controlling outdoor & indoor units based on user input and adjusting temperatures of indoor rooms obviously provides determining need for selective air conditioning; sending a notice to a user device; receiving, at the user device, a selection of zones to be enabled of the plurality of zones and/or a selection of zones to be disabled of the plurality of zones) sending the selection of zones to be enabled of the plurality of zones and/or the selection of zones to be disabled of the plurality of zones to a controller; and the controller sending a command to each of the air conditioning devices, the command configured to enable or to disable the air conditioning device in each respective zone (Jang [0012-53] “EMS communicate with each of the electric appliances to control the devices based on the received information - EMS 30 includes a display 31 displays various information - store user preferences for the indoor unit of each of the indoor rooms S1-S4 - smart grid function setting, user set temperature, humidity level, CO.sub.2 level, or the like - input interface, touch screen, or another appropriate input interface that receives user input - connected with indoor units 100 and ventilation devices 200 installed in a plurality of indoor rooms S1-S4 via a network provided in the building - control the various devices of the air conditioner 10” [abstract] “controlling air conditioner includes receiving an electric power rate information - adjusting the temperatures of the indoor rooms by distributing air among the plurality of the indoor rooms” see Fig. 1-13, , EMS is coupled to plurality of devices to control air conditioner of each room based on user input via input interface, touch screen, or another appropriate input interface obviously provides enabled of the plurality of zones and/or disabled of the plurality of zones; and the controller sending a command to each of the air conditioning devices, enable or disable air conditioning device in each zone). Application and the reference Jang are analogous arts from the same field of endeavor and contain overlapping structural and functional similarities and both contain HVAC control systems. It would be therefore obvious to one having ordinary skill in the art at the time of the invention that EMS and AMI for controlling outdoor and indoor units of air conditioner based on user input are assumed as determining need for selective air conditioning. As to the independent claim 13, the claims recite similar limitations as the independent claim 1 and rejected using same rational as stated above. As to claims 2 and 14, Jang further discloses The method of claim 1, wherein the need for selective air conditioning is determined in response to an electricity price (Jang [0012-53] “control power consumption according to a level of a power rate - Energy Management System (EMS) provide real-time electric power management and power consumption forecasts - Advanced Metering Infrastructure (AMI) provide real-time metering of power consumption - real-time price quote based on market rates delivered to the consumer - EMS communicate with each of the electric appliances to control the devices based on the received information - user implement an electric power information process to manage power consumption or to set power rate limits based on the received power information” [abstract] “controlling air conditioner includes receiving an electric power rate information - peak power rates, costs associated with operating the air conditioner reduced by limiting operation of the indoor and outdoor units - adjusting the temperatures of the indoor rooms by distributing air among the plurality of the indoor rooms” see Fig. 1-13, EMS, AMI for controlling air conditioner based on receiving electric power rate information obviously provides selective air conditioning is determined in response to an electricity price). As to claims 3 and 15, Jang further discloses The method of claim 2, wherein the need for selective air conditioning is determined in response to the electricity price being high or moderate (Jang [0012-53] “control power consumption according to a level of a power rate - Energy Management System (EMS) provide real-time electric power management and power consumption forecasts - Advanced Metering Infrastructure (AMI) provide real-time metering of power consumption - real-time price quote based on market rates delivered to the consumer - EMS communicate with each of the electric appliances to control the devices based on the received information - user implement an electric power information process to manage power consumption or to set power rate limits based on the received power information” [abstract] “controlling air conditioner includes receiving an electric power rate information - peak power rates, costs associated with operating the air conditioner reduced by limiting operation of the indoor and outdoor units - adjusting the temperatures of the indoor rooms by distributing air among the plurality of the indoor rooms” see Fig. 1-13, EMS, AMI for controlling air conditioner based on receiving electric power rate levels 1-4 obviously includes electricity price being high or moderate). As to claims 4 and 16, Jang further discloses The method of claim 1, wherein the air conditioning system is a ducted system, wherein each of the air conditioning devices includes a damper (Jang [0012-53] “EMS 30 connected with indoor units 100 and ventilation devices 200 - installed in a plurality of indoor rooms S1-S4 via a network - control the various devices of the air conditioner 10 - inlet adjusting device or inlet damper 311 provided at an inlet end of the first air duct 310 to selectively close the inlet to prevent a flow of external air - adjusting device 331 provided in the supply duct 330 that selectively opens or closes the supply duct 330 to the first air duct 310” [abstract] see Fig. 1-13, elements 311, 321 inlet, outlet dampers). As to claims 5 and 17, Jang further discloses The method of claim 4, wherein the command from the controller to the air conditioning device in each respective zone includes a command to an actuator to close the damper in order to disable the air conditioning device or a command the actuator to allow movement of the damper in order to enable the air conditioning device (Jang [0012-53] “EMS 30 connected with indoor units 100 and ventilation devices 200 - installed in a plurality of indoor rooms S1-S4 via a network - control the various devices of the air conditioner 10” [abstract] see Fig. 1-13, elements 311, 321 inlet, outlet dampers are controlled by EMS). As to claims 6 and 18, Jang further discloses The method of claim 1, wherein the air conditioning system is a split system, wherein each of the air conditioning devices includes a valve for controlling a flow of fluid through a local heat exchanger (Jang [0012-53] [abstract] see Fig. 1-13, elements 100, 400 indoor and outdoor unit are split system). As to claims 7 and 19, Jang further discloses The method of claim 6, wherein the command from the controller to the air conditioning device in each respective zone includes a command to close the valve in order to disable the air conditioning device or a command open the valve in order to enable the air conditioning device (Jang [0012-53] “EMS 30 connected with indoor units 100 and ventilation devices 200 - installed in a plurality of indoor rooms S1-S4 via a network - control the various devices of the air conditioner 10” [abstract] see Fig. 1-13, elements 240, 250 inlet, outlet valves are controlled by EMS). As to claims 8 and 20, Jang further discloses The method of claim 1, wherein the air conditioning system is a split system, wherein each of the air conditioning devices includes a fan for passing air over a local heat exchanger (Jang [0012-53] “EMS 30 connected with indoor units 100 and ventilation devices 200 - installed in a plurality of indoor rooms S1-S4 via a network - control the various devices of the air conditioner 10” [abstract] see Fig. 1-13, elements 100, 400 indoor and outdoor unit are split system; element 110 indoor heat exchanger; elements 220, 230 inlet, outlet fans are controlled by EMS). As to claims 9 and 21, Jang further discloses The method of claim 8, wherein the command from the controller to the air conditioning device in each respective zone includes a command to stop the fan in order to disable the air conditioning device or a command allow operation of the fan in order to enable the air conditioning device (Jang [0012-53] “EMS 30 connected with indoor units 100 and ventilation devices 200 - installed in a plurality of indoor rooms S1-S4 via a network - control the various devices of the air conditioner 10” [abstract] see Fig. 1-13, elements 220, 230 inlet, outlet fans are controlled by EMS to enable or disable fan). As to claims 10 and 22, Jang further discloses The method of claim 1, further comprising presenting, on the user device, a user interface to initiate selective air conditioning control, wherein the user interface includes a list of all the zones (Jang [0012-53] “EMS 30 includes a display 31 displays various information - store user preferences for the indoor unit of each of the indoor rooms S1-S4 - smart grid function setting, user set temperature, humidity level, CO.sub.2 level, or the like - input interface, touch screen, or another appropriate input interface that receives user input - connected with indoor units 100 and ventilation devices 200 installed in a plurality of indoor rooms S1-S4 via a network provided in the building - control the various devices of the air conditioner 10” [abstract] see Fig. 1-13, EMS interconnected with each room and input interface, touch screen, or another appropriate input interface receives user input obviously initiates selective air conditioning control, wherein the user interface includes a list of all the zones). As to claims 11 and 23, Jang further discloses The method of claim 10, wherein the user interface includes a power forecast for each zone (Jang [0012-53] “EMS provide real-time electric power management and power consumption forecasts - AMI provide real-time metering of power consumption - used by the smart grid” [abstract] see Fig. 1-13, EMS interconnected with each room obviously provides the limitation). As to claims 12 and 24, Jang further discloses The method of claim 10, wherein the user interface includes icons to toggle zones on and off (Jang [0012-53] “EMS 30 includes a display 31 displays various information - store user preferences for the indoor unit of each of the indoor rooms S1-S4 - smart grid function setting, user set temperature, humidity level, CO.sub.2 level, or the like - input interface, touch screen, or another appropriate input interface that receives user input - connected with indoor units 100 and ventilation devices 200 installed in a plurality of indoor rooms S1-S4 via a network provided in the building - control the various devices of the air conditioner 10” [abstract] see Fig. 1-13, EMS interconnected with each room and input interface, touch screen (obviously includes icons to toggle), or another appropriate input interface receives user input obviously user interface includes icons to toggle zones on and off). Citation of Pertinent Prior Art It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2141.02 VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, i.e., as a whole and 2123. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art made of record: Elbsat, USPGPub No. 2023/0160596 A1 discloses an HVAC system includes plurality of heat transfer devices to transfer heat into or out of the plurality zones using a controller indicating zone temperatures. Atchison, et al. USPGPub No. 2020/0284463 A1 discloses an HVAC system includes a controller to receive a call for conditioning from each zone of a plurality of zones includes a damper with priority level of each zone of the plurality of zones and control operation of HVAC system. Ross, USPGPub No. 2022/0412596 A1 discloses an HVAC conditioning system to a multi-zone forced air heating and air conditioning system. Carlson, et al. USPGPub No. 2018/0066860 A1 discloses a controller for HVAC system obtaining or calculating net load at site and obtaining temperature of the site during a time period. Finch, et al. USPGPub No. 2012/0123594 A1 discloses an energy management effectuated by controlling temperature levels associated with a HVAC system based on energy prices. Reeder, et al. USPGPub No. 2022/0253078 A1 discloses a HVAC systems perform cooling functions by circulating conditioned air over from a source vent and blowing the air through return vents. Bloemer, et Al. USPGPub No. 2020/0224910 A1 discloses a HVAC control system for multi-zone environmental system controls devices in different zones using primary and secondary user interfaces. Joshi,et al. USPGPub No. 2021/0247094 A1 discloses a method for zone-based control of devices within a building management system (BMS) to control a zone in a building identifying a plurality of available zones in the building receiving a selection to control a first zone from plurality of available zones. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Md Azad whose telephone @(571)272-0553 or email: md.azad@uspto.gov. The examiner can normally be reached on Mon-Thu 9AM-5PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached on (571)272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from Patent Center and the Private Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from Patent Center or Private PAIR. Status information for unpublished applications is available through Patent Center and Private PAIR for authorized users only. Should you have questions about access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). 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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form. /Md Azad/ Primary Examiner, Art Unit 2119
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Prosecution Timeline

Dec 02, 2024
Application Filed
Sep 11, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
99%
With Interview (+20.9%)
2y 8m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 674 resolved cases by this examiner. Grant probability derived from career allowance rate.

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