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 . This action is made non-final.
Claims 1-20 filed on 04/01/2025 have been reviewed and considered by this office action.
The preliminary amendments to the claims filed on 04/01/2025 have been entered.
Priority
Acknowledgment is made of applicant's claim of U.S. Application Serial Number 17/554,742, filed December 17, 2021 which is a continuation in-part application of U.S. Application Serial Number 17/380,281 filed July 20, 2021, now U.S. Patent No. 11,680,723, issued June 20, 2023, which is a continuation of U.S. Application Serial Number 16/832,618 filed March 27, 2020, now U.S. Patent No. 11,435,099, issued September 06, 2022, which is a divisional application of U.S. Application Serial Number 15/043,134, now U.S. Pat. No. 10,641,508, filed February 12, 2016.
Information Disclosure Statement
The information disclosure statement filed on 12/19/2024 has been reviewed and considered by this office action.
Drawings
The drawings filed on 12/19/2024 have been reviewed and are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: FIG.3 301A; FIG.4 410 .
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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
The specification filed on 12/19/2024 has been reviewed and is considered acceptable.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-20 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1-20 of prior U.S. Patent No. 12228299. This is a statutory double patenting rejection.
The claims of the instant application and the claims of the reference application are compared in the table below.
Instant Application
Reference Patent
(Claim 1) A system for controlling air temperature in a building, comprising:
one or more temperature sensors disposed in the building
one or more heating ventilation and air-conditioning (HVAC) equipment
and a controller incorporated into one of the one or more HVAC equipment
wherein the controller is communicatively coupled to the one or more temperature sensors and the one or more HVAC equipment and
is configured to operate the HVAC equipment in accordance with a temperature control plan to reach a target air temperature at the one or more temperature sensors in a target time
(Claim 1) A system for controlling air temperature in a building, comprising:
one or more temperature sensors;
an indoor heating ventilation and air-conditioning unit; an outdoor heating ventilation and air-conditioning unit;
and a controller incorporated into one of the indoor heating ventilation and air-conditioning unit or the outdoor heating ventilation and air-conditioning unit,
wherein the controller is communicatively coupled to the indoor heating ventilation and air-conditioning unit and the outdoor heating ventilation and air-conditioning unit, and wherein the controller is further communicatively coupled to the one or more temperature sensors
and configured to selectively operate the indoor heating ventilation and air-conditioning unit in accordance with a temperature control plan to reach a target air temperature at the one or more temperature sensors in a target time.
Regarding Claim 1, the claim limitation in the reference application reciting “an indoor heating ventilation and air-conditioning unit; an outdoor heating ventilation and air-conditioning unit” is known in the field of endeavor as an “heating ventilation and air-conditioning (HVAC) equipment” One of ordinary skill would recognize the heating and air-conditioning units are equivalent to HVAC equipment.
(Claim 2) The system of claim 1, wherein:
the one or more HVAC equipment comprises an indoor HVAC unit;
and the indoor HVAC unit comprises one or more of a furnace, an air handler, or an auxiliary electric heater.
(Claim 2) The system of claim 1,
wherein the indoor heating ventilation and air- conditioning unit
includes one or more of a furnace, an air handler, or an auxiliary electric heater.
(Claim 3) The system of claim 2,
wherein the controller is incorporated into and communicatively coupled to one of the furnace, the air handler, or the auxiliary electric heater.
(Claim 3) The system of claim 2, wherein the controller is incorporated into and communicatively coupled to one of the furnace, the air handler, or the auxiliary electric heater.
(Claim 4) The system of claim 1, wherein:
the one or more HVAC equipment comprises an outdoor HVAC unit;
and the outdoor HVAC unit comprises one or more of an air conditioner or a heat pump.
(Claim 4) The system of claim 1, wherein the outdoor heating ventilation and air- conditioning unit
includes one or more of an air conditioner or a heat pump.
(Claim 5) The system of claim 4, wherein the controller is incorporated into and communicatively coupled to one of the air conditioner or the heat pump.
(Claim 5) The system of claim 4, wherein the controller is incorporated into and communicatively coupled to one of the air conditioner or the heat pump.
(Claim 6) The system of claim 1, wherein the one or more temperature sensors are disposed in one or more of a kitchen, a dining room, one or more bedrooms, one or more hallways, one or more bathrooms, one or more stairwells, or one or more office spaces of the building.
(Claim 6) The system of claim 1, wherein the one or more temperature sensors are disposed in one or more of a kitchen, a dining room, one or more bedrooms, one or more hallways, one or more bathrooms, one or more stairwells, or one or more office spaces of the building.
(Claim 7) The system of claim 1, wherein the one or more temperature sensors are disposed in one or more of one or more office spaces, one or more hallways, one or more common areas within the building, or within a lobby of the building.
(Claim 7) The system of claim 1, wherein the one or more temperature sensors are disposed in one or more of one or more office spaces, one or more hallways, one or more common areas within the building, or within a lobby of the building.
(Claim 8) The system of claim 1, wherein the controller is communicatively coupled to
the HVAC equipment
by way of one of WiFi protocols, Bluetooth protocols, cellular communication protocols, serial communication protocols, or parallel communication protocols.
(Claim 8) The system of claim 1, wherein the controller is communicatively coupled to
the indoor heating ventilation and air-conditioning unit and the outdoor heating ventilation and air- conditioning unit
by way of one of WiFi protocols, Bluetooth protocols, cellular communication protocols, serial communication protocols, or parallel communication protocols.
(Claim 9) A system for controlling air temperature in a building, comprising:
one or more temperature sensors dispose
d in the building;
one or more heating ventilation and air-conditioning (HVAC) equipment;
a zoning unit;
and a controller incorporated into and communicatively coupled to one of the HVAC equipment or the zoning unit,
wherein the controller is communicatively coupled to the one or more temperature sensors
and the one or more HVAC equipment and is configured to operate the HVAC equipment in accordance with
a temperature control plan to reach a target air temperature at the one or more temperature sensors in a target time.
(Claim 9) A system for controlling air temperature in a building, comprising:
one or more temperature sensors disposed in the building;
an indoor heating ventilation and air-conditioning unit;
an outdoor heating ventilation and air-conditioning unit;
a zoning unit;
and a controller incorporated into and communicatively coupled to one of the HVAC equipment or the zoning unit,
wherein the controller is communicatively coupled to the one or more temperature sensors
and the one or more HVAC equipment and is configured to operate the HVAC equipment in accordance with
a temperature control plan to reach a target air temperature at the one or more temperature sensors in a target time.
Claims 10-16 has substantially similar limitations as claims 2-8 and is therefore rejected on the same premises.
(Claim 17) The system of claim 9, wherein the zoning unit includes one or more dampers.
(Claim 17) The system of claim 9, wherein the zoning unit includes one or more dampers.
(Claim 18) The system of claim 17, wherein the controller is incorporated into and communicatively coupled to one of the one or more dampers.
(Claim 18) The system of claim 17, wherein the controller is incorporated into and communicatively coupled to one of the one or more dampers.
(Claim 19) The system of claim 17, wherein:
the system further comprises:
a supply air duct;
and the one or more dampers are disposed within the supply air duct.
(Claim 19) The system of claim 17, wherein:
the system further comprises:
a supply air duct;
and the one or more dampers are disposed within the supply air duct.
(Claim 20) The system of claim 17,
wherein the one or more dampers are configured to open to direct air into one or more zones within the building,
and wherein the one or more dampers are configured to close to direct air away from the one or more zones within the building.
(Claim 20) The system of claim 17,
wherein the one or more dampers are configured to open to direct air into one or more zones within the building,
and wherein the one or more dampers are configured to close to direct air away from the one or more zones within the building.
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, 2, 3, 6, 7, and 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11680273 (herein, reference patent 2). Although the claims at issue are not identical, they are not patentably distinct from each other. The claims of the instant application and the claims of the reference application 2 are compared in the table below.
Instant Application
Reference patent 2
(Claim 1) A system for controlling air temperature in a building, comprising:
one or more temperature sensors disposed in the building
one or more heating ventilation and air-conditioning (HVAC) equipment
and a controller incorporated into one of the one or more HVAC equipment
wherein the controller is communicatively coupled to the one or more temperature sensors and the one or more HVAC equipment and
is configured to operate the HVAC equipment in accordance with a temperature control plan to reach a target air temperature at the one or more temperature sensors in a target time
(Claim 1) A system for controlling air temperature in a building, comprising:
one or more temperature sensors;
an indoor heating ventilation and air-conditioning (HVAC) unit comprising a furnace;
a controller incorporated into the indoor HVAC unit
and communicatively coupled to the furnace and the one or more temperature sensors,
wherein the controller is configured to operate the furnace in accordance with a temperature control plan to reach a target air temperature at the one or more temperature sensors in a target time.
(Claim 2) The system of claim 1, wherein:
the one or more HVAC equipment comprises an indoor HVAC unit;
and the indoor HVAC unit comprises one or more of a furnace, an air handler, or an auxiliary electric heater.
(Claim1) an indoor heating ventilation and air-conditioning (HVAC) unit
comprising a furnace
(Claim 3) The system of claim 2,
wherein the controller is incorporated into and communicatively coupled to one of the furnace, the air handler, or the auxiliary electric heater.
(Claim 1) a controller incorporated into the indoor HVAC unit and communicatively coupled to the furnace
(Claim 6) The system of claim 1, wherein the one or more temperature sensors are disposed in one or more of a kitchen, a dining room, one or more bedrooms, one or more hallways, one or more bathrooms, one or more stairwells, or one or more office spaces of the building.
(Claim 10) The system of claim 1, wherein the one or more temperature sensors are disposed within the building,
(Claim 11) The system of Claim 10, wherein the one or more temperature sensors are disposed in one or more rooms of the building.
(Claim 7) The system of claim 1, wherein the one or more temperature sensors are disposed in one or more of one or more office spaces, one or more hallways, one or more common areas within the building, or within a lobby of the building.
(Claim 10) The system of claim 1, wherein the one or more temperature sensors are disposed within the building,
(Claim 11) The system of Claim 10, wherein the one or more temperature sensors are disposed in one or more rooms of the building.
(Claim 8) The system of claim 1, wherein the controller is communicatively coupled to
the HVAC equipment
by way of one of WiFi protocols, Bluetooth protocols, cellular communication protocols, serial communication protocols, or parallel communication protocols.
(Claim 2) The system of claim 1, wherein the controller comprises:a communication module configured to communicate with one or more devices; and
an equipment interface configured to communicate control signals to the furnace to control operation of the furnace.
(Claim 4) The system of claim 2, wherein the communication module is configured to communicate with the one or more devices wirelessly.
Claims 4, 9, 10, 12, 14-16, and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of refence patent 2 in view of Harrod et al. (US 20100070089 A1, herein Harrod).
Regarding Claim 4, the reference patent 2 does not explicitly describe the limitations set forth.
However, Harrod teaches the one or more HVAC equipment comprises an outdoor HVAC unit (see FIG. 4 outdoor unit (30)); and the outdoor HVAC unit comprises one or more of an air conditioner or a heat pump ([0076] FIG. 4 is a block diagram of an HVAC system 52 that includes controller 22, indoor unit 28 functioning as an air handler, and outdoor unit 30 functioning as a heat pump.; [0004] Residential systems generally include an indoor unit, such as an air handler or a furnace, and an outdoor unit, such as a heat pump or an air conditioner.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the reference patent 2 to incorporate the teachings of Harrod so as to include an Outdoor HVAC unit. Doing so would allow outdoor air to be ventilated through the building. (Harrod [0068] The residential heating and cooling system may provide heated and cooled air to a residential structure, as well as provide outside air for ventilation and provide improved indoor air quality (IAQ)).
Regarding Claim 9, The claims of the instant application and the claims of the reference patent 2 are compared in the table below.
Instant Application
Reference patent 2
(Claim 9) A system for controlling air temperature in a building, comprising:
one or more temperature sensors dispose
d in the building;
one or more heating ventilation and air-conditioning (HVAC) equipment;
a zoning unit;
and a controller incorporated into and communicatively coupled to one of the HVAC equipment or the zoning unit,
wherein the controller is communicatively coupled to the one or more temperature sensors
and the one or more HVAC equipment and is configured to operate the HVAC equipment in accordance with a temperature control plan to reach a target air temperature at the one or more temperature sensors in a target time.
(Claim 9) A system for controlling air temperature in a building, comprising:
one or more temperature sensors;
an indoor heating ventilation and air-conditioning (HVAC) unit comprising a furnace; and
a controller incorporated into the indoor HVAC unit
and communicatively coupled to the furnace and the one or more temperature sensors,
wherein the controller is configured to operate the furnace in accordance with a temperature control plan to reach a target air temperature at the one or more temperature sensors in a target time.
The underlined portions are not explicitly taught in reference patent 2.
Harrod teaches a zoning unit ([0099] each zone may have a slave controller that communicates with controller 22.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the reference patent 2 to incorporate the teachings of Harrod so as to include a zoning unit. Doing so would allow each zone to be controlled independently. (Harrod [0099] The zones may allow HVAC system 52 to maintain different environmental conditions, such as temperature, humidity, or airflow, within different areas of the building.).
Regarding Claims 10 and11, The claims of the instant application and the claims of the reference patent 2 are compared in the table below.
Instant Application
reference patent 2
(Claim 10) The system of claim 9, wherein: the one or more HVAC equipment comprises an indoor HVAC unit;
and the indoor HVAC unit comprises one or more of a furnace, an air handler, or an auxiliary electric heater.
(Claim1) an indoor heating ventilation and air-conditioning (HVAC) unit
comprising a furnace
(Claim 11) The system of claim 10, wherein the controller is incorporated into and communicatively coupled to one of the furnace, the air handler, or the auxiliary electric heater.
(Claim 1) a controller incorporated into the indoor HVAC unit and communicatively coupled to the furnace
Regarding Claim 12, the reference patent 2 does not explicitly describe the limitations set forth.
However, Harrod teaches the one or more HVAC equipment comprises an outdoor HVAC unit (see FIG. 4 outdoor unit (30)); and the outdoor HVAC unit comprises one or more of an air conditioner or a heat pump ([0076] FIG. 4 is a block diagram of an HVAC system 52 that includes controller 22, indoor unit 28 functioning as an air handler, and outdoor unit 30 functioning as a heat pump.; [0004] Residential systems generally include an indoor unit, such as an air handler or a furnace, and an outdoor unit, such as a heat pump or an air conditioner.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the reference patent 2 to incorporate the teachings of Harrod so as to include an Outdoor HVAC unit. Doing so would allow outdoor air to be ventilated through the building. (Harrod [0068] The residential heating and cooling system may provide heated and cooled air to a residential structure, as well as provide outside air for ventilation and provide improved indoor air quality (IAQ)).
Regarding Claim 14-16, The claims of the instant application and the claims of the reference patent 2 are compared in the table below.
Instant Application
Reference patent 2
(Claim 14) The system of claim 9, wherein the one or more temperature sensors are disposed in one or more of a kitchen, a dining room, one or more bedrooms, one or more hallways, one or more bathrooms, one or more stairwells, or one or more office spaces of the building.
(Claim 10) The system of claim 1, wherein the one or more temperature sensors are disposed within the building,
(Claim 11) The system of Claim 10, wherein the one or more temperature sensors are disposed in one or more rooms of the building.
(Claim 15) The system of claim 9, wherein the one or more temperature sensors are disposed in one or more of one or more office spaces, one or more hallways, one or more common areas within the building, or within a lobby of the building.
(Claim 10) The system of claim 1, wherein the one or more temperature sensors are disposed within the building,
(Claim 11) The system of Claim 10, wherein the one or more temperature sensors are disposed in one or more rooms of the building.
(Claim 16) The system of claim 9, wherein the controller is
communicatively coupled to the HVAC equipment by way of one of WiFi protocols, Bluetooth protocols, cellular communication protocols, serial communication protocols, or parallel communication protocols.
(Claim 2) The system of claim 1, wherein the controller comprises: a communication module configured to communicate with one or more devices; and
(Claim 4) The system of claim 2, wherein the communication module is configured to communicate with the one or more devices wirelessly.
Regarding Claim 17, the reference patent 2 does not explicitly describe the limitations set forth.
Harrod teaches wherein the zoning unit includes one or more dampers ([0099] HVAC system 52 may include electrically controlled dampers that are independently controlled by controller 22 to adjust the airflow to different areas, or zones, within the building.).
Claims 5 and 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of reference patent 2 in view of Harrod et al. (US 20100070089 A1, herein Harrod), and further in view of Shah et al. (US 20050149232 A1, herein Shah).
Regarding Claim 5, the reference patent 2 does not explicitly describe the limitations set forth.
Shah teaches wherein the controller is incorporated into and communicatively coupled to one of the air conditioner or the heat pump (see FIG.1 [0016] An indoor heating unit 26 may be a furnace, or a heater and fan, and is also provided with a microprocessor 28.; [0020] The microprocessor 23 is provided information such that the reporting information from the indoor unit 26 would let the microprocessor 23 know what the particular characteristics are.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the reference patent 2 to incorporate the teachings of Shah so as to include a controller incorporated into the components of the HVAC equipment. Doing so would allow efficient independent control strategies for each of the units (Shah [0001] can identify a control strategy to encompass the individual characteristics of the several units, and to ensure they cooperate efficiently.).
Regarding Claim 13, the reference patent 2 does not explicitly describe the limitations set forth.
Shah teaches wherein the controller is incorporated into and communicatively coupled to one of the air conditioner or the heat pump (see FIG.1 [0016] An indoor heating unit 26 may be a furnace, or a heater and fan, and is also provided with a microprocessor 28.; [0020] The microprocessor 23 is provided information such that the reporting information from the indoor unit 26 would let the microprocessor 23 know what the particular characteristics are.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the reference patent 2 to incorporate the teachings of Shah so as to include a controller incorporated into the components of the HVAC equipment. Doing so would allow efficient independent control strategies for each of the units (Shah [0001] can identify a control strategy to encompass the individual characteristics of the several units, and to ensure they cooperate efficiently.).
Claim 18 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of reference patent 2 in view of Harrod, and further in view of Russ et al. (US 5706190 A, herein Russ).
Regarding Claim 18, the reference patent 2 does not explicitly teach the claim limitation set forth.
Russ teaches wherein the controller is incorporated into (see FIG. 1; [column 4 line 1-6] Damper 863 includes an associated damper controller 865 and damper actuator 864. Damper controller 864 includes controller 866 and communication interface 867. Similarly, damper 873 includes an associated damper controller 875, including controller portion 876 and communication interface 877. Damper 873 further includes an associated damper actuator 874.) and communicatively coupled to one of the one or more dampers ([column 4 line 7-11] Each damper controller's communication interface 867, 877 is capable of receiving commands from HVAC controller 820 over communication bus 823, including commands indicative of a desired setting of the associated damper.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the reference patent 2 to incorporate the teachings of Russ so as to include the dampers having a controller communicating with the main controller. Doing so would allow the dampers to be operated in case of a partial malfunction with the system (Russ [abstract] The HVAC controller detects a thermostat malfunction and, in response thereto, instead controls the operation of the HVAC unit in accordance with a temperature sensor outputting a signal indicative of return air temperature from the conditioned space.).
Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of reference patent 2 in view of Harrod, and further in view of Stefanski et al. (US 8630742 A1, herein Stefanski).
Regarding Claim 19, The claims of the instant application and the claims of the reference patent 2 are compared in the table below.
Instant Application
Reference Application 2
(Claim 19) The system of claim 17, wherein: the system further comprises: a supply air duct; and the one or more dampers are disposed within the supply air duct.
(Claim 12) The system of claim 10, further comprising a ductwork, wherein the one or more temperature sensors are disposed in the ductwork.
The underlined portions are not explicitly taught by the reference patent 2.
Stefanski further teaches wherein: the system further comprises:
a supply air duct ([column 10 line 33-35] The heated air flows back into the enclosure at one or more locations via supply air duct system 252 and supply air registers such as register 250);
and the one or more dampers are disposed within the supply air duct ([column 10 line 63-66] Although not shown in FIG. 2, alternate embodiments of HVAC system 120 may have other functionality such as venting air to and from the outside, one or more dampers to control airflow within the duct system 252).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the reference patent 2 to incorporate the teachings of Stefanski to incorporate having dampers within the supply duct. Doing so would allow improved ventilation in the building (Stefanski [column 1 line 24-29] Along with improvements in the physical plant associated with home heating and cooling (e.g., improved insulation, higher efficiency furnaces), substantial increases in energy efficiency can be achieved by better control and regulation of home heating and cooling equipment.).
Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of reference patent 2 in view of Harrod, and further in view of Bester et al. (US 20130085613 A1, herein Bester).
Regarding claim 20, the reference patent 2 does not explicitly teach the claim limitations set forth.
Bester teaches wherein the one or more dampers are configured to open to direct air into one or more zones within the building ([0069] the zone controller 410a sends a ventilation signal to a damper actuator, which opens a damper to allow outside air into the building), and wherein the one or more dampers are configured to close to direct air away from the one or more zones within the building ([0071] zone controller 410a switches back to operating in the ventilation mode and sends a ventilation signal that closes the damper and/or turns off the fans to prevent outside air from coming into the building until contaminant levels rise too high (step 502).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the reference patent 2 to incorporate the teachings of Bester so as to include send signals to open and close the damper. Doing so would allow improved ventilation in the building (Bester [abstract] A method performed by a zone controller for a zone of a building for improving energy efficiency in a heating, ventilation, and air conditioning (HVAC) system is provided. The method includes operating in a ventilation mode.).
Claim 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of US no. 11435099 (herein, reference patent 3) in view of Harrod.
Claim 1 of the instant application and the claims of the reference patent 3 are compared in the table below.
Instant Application
Reference patent 3
(Claim 1) A system for controlling air temperature in a building, comprising:
one or more temperature sensors disposed in the building
one or more heating ventilation and air-conditioning (HVAC) equipment
and a controller incorporated into one of the one or more HVAC equipment
wherein the controller is communicatively coupled to the one or more temperature sensors the one or more HVAC equipment and
is configured to operate the HVAC equipment in accordance with a temperature control plan to reach a target air temperature
at the one or more temperature sensors in a target time
(Claim 1) A method of controlling air temperature in a building comprising:
monitoring the current temperature in the building using one or more air temperature sensors;
determination to operate one or more heating ventilation and air-conditioning units,
sending one or more control signals from the controller to the one or more heating ventilation and air-conditioning units
operating the one or more heating ventilation and air-conditioning units based on the control plan until the current temperature in the building equals the desired temperature in the building;
determining the satisfy time, comparing the satisfy time to the target time of the control plan; updating the control plan based the comparison of the satisfy time to the target time of the control plan;
determining a control plan by a controller,
a determination of one or more capacities, one or more stages, or both one or more capacities and one or more stages at which to operate the one or more heating ventilation and air-conditioning units, generating a heating or cooling call by one of the controller or a thermostat when the current temperature in the building rises above or falls below the desired temperature in the building; and repeating the steps of sending one or more control signals from the controller to the one or more heating ventilation and air-conditioning units, and updating the control plan based on the comparison of the satisfy time to the target time using the updated control plan when a new heating or cooling call is generated.
Regarding Claim 1, the reference patent 3 teaches all the claim limitations of Claim 1 except the underlined portion.
Harrod teaches controller incorporated into one of the one or more HVAC equipment ([0076] FIG. 4 is a block diagram of an HVAC system 52 that includes controller 22, indoor unit 28 functioning as an air handler, and outdoor unit 30 functioning as a heat pump.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the reference patent 3 to incorporate the teachings of Harrod to include the controller incorporated in the HVAC equipment. Claim 1 of the reference patent 3 teaches the controller in communication with the HVAC equipment. As set forth in MPEP § 2143, there are a number of different methodologies to implement a controller, and choosing a particular method from a finite number of identified, predictable solutions is considered an obvious modification. As the reference patent 3 discloses communicating between the controller and the HVAC equipment, one of ordinary skill in the art would have been motivated to implement the known teachings of Harrod, as they would all have a predictable result with a reasonable expectation of success.
Regarding Claim 9, Claim 9 has substantially similar claim limitations setforth by Claim 1 in the instant application. Claim 1 does not explicitly have the claim limitation of a zoning unit.
Harrod teaches a zoning unit ([0099] each zone may have a slave controller that communicates with controller 22.);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the reference patent 3 to incorporate the teachings of Harrod to include a zoning unit. Claim 1 of the reference patent 3 teaches the controller in communication with the HVAC equipment. As set forth in MPEP § 2143, there are a number of different methodologies to implement a controller, and choosing a particular method from a finite number of identified, predictable solutions is considered an obvious modification. As the reference patent 3 further discloses the environment as a building and the building is a structure containing multiple rooms, hallways (e.g. zones), one of ordinary skill in the art would have been motivated to implement the known teachings of Harrod, as they would all have a predictable result with a reasonable expectation of success.
Claim 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of reference patent 3 in view of Harrod, and further in view of Shah.
Regarding Claim 3, the claims of the instant application and the reference patent 3 are compared on a table below.
(Claim 3) The system of claim 2,
wherein the controller is incorporated into and communicatively coupled to one of the furnace, the air handler, or the auxiliary electric heater.
(Claim 2) communicatively coupling the one or more heating ventilation and air-conditioning units to the controller
The underlined portions are not explicitly taught by the reference patent 3.
Shah further teaches wherein the controller is incorporated into see FIG.1 [0016] An indoor heating unit 26 may be a furnace, or a heater and fan, and is also provided with a microprocessor 28.; [0020] The microprocessor 23 is provided information such that the reporting information from the indoor unit 26 would let the microprocessor 23 know what the particular characteristics are.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of the reference patent 3 to incorporate the teachings of Shah so as to include a controller incorporated into the components of the HVAC equipment. Doing so would allow efficient independent control strategies for each of the units (Shah [0001] can identify a control strategy to encompass the individual characteristics of the several units, and to ensure they cooperate efficiently. ).
Claim 18 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of reference patent 3 in view of Harrod, and further in view of Russ.
Regarding Claim 18, the claims of the instant application and the reference patent 3 are compared on a table below.
(Claim 18) The system of claim 17, wherein the controller
is incorporated into and communicatively coupled
to one of the one or more dampers.
(Claim 9) wherein the controller comprises:
a non-communicating equipment interface configured to control non-communicating heating ventilation and air-conditioning units.
(claim 10) communicatively coupling the non-communicating equipment interface
to a non-communicating heating ventilation and air-conditioning unit of the one or more heating ventilation and air-conditioning units.
The underlined portions are not explicitly taught by the reference patent 3.
Russ teaches wherein the controller is incorporated into (see FIG. 1; [column 4 line 1-6] Damper 863 includes an associated damper controller 865 and damper actuator 864. Damper controller 864 includes controller 866 and communication interface 867. Similarly, damper 873 includes an associated damper controller 875, including controller portion 876 and communication interface 877. Damper 873 further includes an associated damper actuator 874.) [column 4 line 7-11] Each damper controller's communication interface 867, 877 is capable of receiving commands from HVAC controller 820 over communication bus 823, including commands indicative of a desired setting of the associated damper.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of the reference patent 3 to incorporate the teachings of Russ so as to include the dampers having a controller communicating with the main controller. Doing so would allow the dampers to be operated in case of a partial malfunction with the system (Russ [abstract] The HVAC controller detects a thermostat malfunction and, in response thereto, instead controls the operation of the HVAC unit in accordance with a temperature sensor outputting a signal indicative of return air temperature from the conditioned space.).
Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of reference patent 3 in view of Harrod, and further in view of Stefanski.
Regarding Claim 19, the claims of the reference patent 3 does not explicitly teach the claim limitations set forth for the instant application.
Stefanski further teaches wherein: the system further comprises:
a supply air duct ([column 10 line 33-35] The heated air flows back into the enclosure at one or more locations via supply air duct system 252 and supply air registers such as register 250);
and the one or more dampers are disposed within the supply air duct ([column 10 line 63-66] Although not shown in FIG. 2, alternate embodiments of HVAC system 120 may have other functionality such as venting air to and from the outside, one or more dampers to control airflow within the duct system 252).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of the reference patent 3 to incorporate the teachings of Stefanski to incorporate having dampers within the supply duct. Doing so would allow improved ventilation in the building (Stefanski [column 1 line 24-29] Along with improvements in the physical plant associated with home heating and cooling (e.g., improved insulation, higher efficiency furnaces), substantial increases in energy efficiency can be achieved by better control and regulation of home heating and cooling equipment.).
Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of reference patent 3 in view of Harrod, and further in view of Bester.
Regarding Claim 20, claim 13 of the reference patent 3 states “wherein sending one or more control signals from the controller to the one or more heating ventilation and air-conditioning units based on the control plan comprises: sending control signals from the non-communicating equipment interface to a non-communicating heating ventilation and air-conditioning unit of the one or more heating ventilation and air-conditioning units.” however does not explicitly teach the claim limitations set forth for the instant application.
Bester teaches wherein the one or more dampers are configured to open to direct air into one or more zones within the building ([0069] the zone controller 410a sends a ventilation signal to a damper actuator, which opens a damper to allow outside air into the building), and wherein the one or more dampers are configured to close to direct air away from the one or more zones within the building ([0071] zone controller 410a switches back to operating in the ventilation mode and sends a ventilation signal that closes the damper and/or turns off the fans to prevent outside air from coming into the building until contaminant levels rise too high (step 502).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of the reference patent 3 to incorporate the teachings of Bester so as to include send signals to open and close the damper. Doing so would allow improved ventilation in the building (Bester [abstract] A method performed by a zone controller for a zone of a building for improving energy efficiency in a heating, ventilation, and air conditioning (HVAC) system is provided. The method includes operating in a ventilation mode.).
Dependent Claims 2, 4-8 and 10-17 of the instant application all depend on Claim 1 and Claim 9 respectively and are taught by the combination of the reference patent claims, the reasons set forth above, and the prior art detailed below (e.g. see the 103 rejections below).The Examiner is not providing mappings for each of these patents/applications at this time for the sake of brevity, but Applicant is welcome to contact the Examiner for further information if needed.
Claim 1-20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of US patent no. 10641508 (herein, reference patent 4). in view of Harrod.
Claim 1 of the instant application and the claims of the reference patent 4 are compared in the table below.
Instant Application
Reference patent 4
(Claim 1) A system for controlling air temperature in a building, comprising:
one or more temperature sensors disposed in the building
one or more heating ventilation and air-conditioning (HVAC) equipment
and a controller incorporated into one of the one or more HVAC equipment
wherein the controller is communicatively coupled to the one or more temperature sensors the one or more HVAC equipment and
is configured to operate the HVAC equipment in accordance with a temperature control plan to reach a target air temperature at the one or more temperature sensors in a target time
(Claim 1) A system for controlling air temperature in a building comprising:
one or more heating ventilation and air-conditioning units
a controller communicatively coupled to one or more heating ventilation and air-conditioning units
wherein the controller is configured to selectively operate the one or more heating ventilation and air-conditioning units in accordance with a temperature control plan to reach a desired air temperature in a target time.
wherein the controller comprises: a processing unit and a memory module; a communication module configured to exchange system data with a computing device; a communicating equipment interface configured to communicate data with and control signals to communicating heating ventilation and air-conditioning units; and a non-communicating equipment interface configured to control non-communicating heating ventilation and air-conditioning units,
Regarding Claim 1, the reference patent 4 teaches all the claim limitations of Claim 1 except the underlined portion.
Harrod teaches one or more temperature sensors disposed in the building ([0086] controller 22 may receive information from a sensor 76 that measures the ambient indoor air temperature and a sensor 78 that measures indoor humidity.); controller incorporated into one of the one or more HVAC equipment ([0076] FIG. 4 is a block diagram of an HVAC system 52 that includes controller 22, indoor unit 28 functioning as an air handler, and outdoor unit 30 functioning as a heat pump.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the reference patent 4 to incorporate the teachings of Harrod to include the controller incorporated in the HVAC equipment and the building comprising of sensors. Claim 1 of the reference patent 4 teaches the controller in communication with the HVAC equipment as well as controlling the HVAC equipment based on building temperatures. As set forth in MPEP § 2143, there are a number of different methodologies to implement a controller and provide temperature readings to the controller, and choosing a particular method from a finite number of identified, predictable solutions is considered an obvious modification. As the reference patent 4 discloses communicating between the controller and the HVAC equipment and controlling the HVAC equipment based on building temperature, one of ordinary skill in the art would have been motivated to implement the known teachings of Harrod, as they would all have a predictable result with a reasonable expectation of success.
Regarding Claim 9, Claim 9 has substantially similar claim limitations setforth by Claim 1 in the instant application. Claim 1 does not explicitly have the claim limitation of a zoning unit.
Harrod teaches a zoning unit ([0099] each zone may have a slave controller that communicates with controller 22.);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the reference patent 4 to incorporate the teachings of Harrod to include a zoning unit. Claim 1 of the reference patent 4 teaches the controller in communication with the HVAC equipment. As set forth in MPEP § 2143, there are a number of different methodologies to implement a controller, and choosing a particular method from a finite number of identified, predictable solutions is considered an obvious modification. As the reference patent 4 further discloses the environment as a building and the building is a structure containing multiple rooms, hallways (e.g. zones), one of ordinary skill in the art would have been motivated to implement the known teachings of Harrod, as they would all have a predictable result with a reasonable expectation of success.
Claim 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of reference patent 4 in view of Harrod, and further in view of Shah.
Regarding Claim 3, the claims of the instant application and the reference patent 3 are compared on a table below.
(Claim 3) The system of claim 2,
wherein the controller is incorporated into
and communicatively coupled to one of the furnace, the air handler, or the auxiliary electric heater.
(Claim 11) The system of claim 1, wherein the one or more heating ventilation and air-conditioning units include at least one communicating equipment
(Claim 12) The system of claim 11, wherein the at least one communicating equipment is communicatively coupled to the communicating equipment interface
Examiner Note: Claim 1 of the reference patent has the “controller comprises: a communicating equipment interface configured to communicate data with and control signals to communicating heating ventilation and air-conditioning units”
The underlined portions are not explicitly taught by the reference patent 3.
Shah further teaches wherein the controller see FIG.1 [0016] An indoor heating unit 26 may be a furnace, or a heater and fan, and is also provided with a microprocessor 28.; [0020] The microprocessor 23 is provided information such that the reporting information from the indoor unit 26 would let the microprocessor 23 know what the particular characteristics are.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of the reference patent 4 to incorporate the teachings of Shah so as to include a controller incorporated into the components of the HVAC equipment. Doing so would allow efficient independent control strategies for each of the units (Shah [0001] can identify a control strategy to encompass the individual characteristics of the several units, and to ensure they cooperate efficiently. ).
Claim 18 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of reference patent 4 in view of Harrod, and further in view of Russ.
Regarding Claim 18, the claims of the instant application and the reference patent 3 are compared on a table below.
(Claim 18) The system of claim 17, wherein the controller
is incorporated into and communicatively coupled
to one of the one or more dampers.
(Claim 11) The system of claim 1, wherein the one or more heating ventilation and air-conditioning units include least one non-communicating equipment
(Claim 12) The system of claim 11, the at least one non-communicating equipment is communicatively coupled to
the non-communicating equipment interface.
Examiner Note: Claim 1 of the reference patent has the “controller comprises: a non-communicating equipment interface configured to control non-communicating heating ventilation and air-conditioning units”
The underlined portions are not explicitly taught by the reference patent 4.
Russ teaches wherein the controller is incorporated into (see FIG. 1; [column 4 line 1-6] Damper 863 includes an associated damper controller 865 and damper actuator 864. Damper controller 864 includes controller 866 and communication interface 867. Similarly, damper 873 includes an associated damper controller 875, including controller portion 876 and communication interface 877. Damper 873 further includes an associated damper actuator 874.) [column 4 line 7-11] Each damper controller's communication interface 867, 877 is capable of receiving commands from HVAC controller 820 over communication bus 823, including commands indicative of a desired setting of the associated damper.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of the reference patent 4 to incorporate the teachings of Russ so as to include the dampers having a controller communicating with the main controller. Doing so would allow the dampers to be operated in case of a partial malfunction with the system (Russ [abstract] The HVAC controller detects a thermostat malfunction and, in response thereto, instead controls the operation of the HVAC unit in accordance with a temperature sensor outputting a signal indicative of return air temperature from the conditioned space.).
Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of reference patent 4 in view of Harrod, and further in view of Stefanski.
Regarding Claim 19, the claims of the reference patent 4 does not explicitly teach the claim limitations set forth for the instant application.
Stefanski further teaches wherein: the system further comprises:
a supply air duct ([column 10 line 33-35] The heated air flows back into the enclosure at one or more locations via supply air duct system 252 and supply air registers such as register 250);
and the one or more dampers are disposed within the supply air duct ([column 10 line 63-66] Although not shown in FIG. 2, alternate embodiments of HVAC system 120 may have other functionality such as venting air to and from the outside, one or more dampers to control airflow within the duct system 252).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of the reference patent 4 to incorporate the teachings of Stefanski to incorporate having dampers within the supply duct. Doing so would allow improved ventilation in the building (Stefanski [column 1 line 24-29] Along with improvements in the physical plant associated with home heating and cooling (e.g., improved insulation, higher efficiency furnaces), substantial increases in energy efficiency can be achieved by better control and regulation of home heating and cooling equipment.).
Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of reference patent 3 in view of Harrod, and further in view of Bester.
Regarding Claim 20, claim 13 of the reference patent 4 does not explicitly teach the claim limitations set forth for the instant application.
Bester teaches wherein the one or more dampers are configured to open to direct air into one or more zones within the building ([0069] the zone controller 410a sends a ventilation signal to a damper actuator, which opens a damper to allow outside air into the building), and wherein the one or more dampers are configured to close to direct air away from the one or more zones within the building ([0071] zone controller 410a switches back to operating in the ventilation mode and sends a ventilation signal that closes the damper and/or turns off the fans to prevent outside air from coming into the building until contaminant levels rise too high (step 502).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of the reference patent 3 to incorporate the teachings of Bester so as to include send signals to open and close the damper. Doing so would allow improved ventilation in the building (Bester [abstract] A method performed by a zone controller for a zone of a building for improving energy efficiency in a heating, ventilation, and air conditioning (HVAC) system is provided. The method includes operating in a ventilation mode.).
Dependent Claims 2, 4-8 and 10-17 of the instant application all depend on Claim 1 and Claim 9 respectively and are taught by the combination of the reference patent claims, the reasons set forth above, and the prior art detailed below (e.g. see the 103 rejections below). The Examiner is not providing mappings for each of these patents/applications at this time for the sake of brevity, but Applicant is welcome to contact the Examiner for further information if needed.
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 3, 5, 8, 9-20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 3, 5, 8, 9, 11, 13, 16, and 18 the claim recites, “the controller is incorporated into and communicatively coupled to.” The phrase “incorporated into” implies the controller is “communicatively coupled to”. The claim limitation as recited discriminates and implies the instance where the said controller is “incorporated into” but not communicatively coupled to. The Examiner, for the record, would like the Applicant to provide some clarity for the issue at present. For the purpose of examination, “incorporated into and communicatively coupled to” will be interpreted as “in communication with”.
Claims 10, 12, 14, 15, 17, 19, 20 are all dependent on independent claim 9 and therefore rejected for its dependency on the independent claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3, 4, 6-10, 12-14, 15-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Harrod et al. (US 20100070089 A1, herein Harrod), in view of Steinberg et al. (US 8498753 B2, herein Steinberg).
Regarding claim 1, Harrod teaches A system for controlling air temperature in a building, comprising:
one or more temperature sensors disposed in the building ([0086] controller 22 may receive information from a sensor 76 that measures the ambient indoor air temperature and a sensor 78 that measures indoor humidity.);
one or more heating ventilation and air-conditioning (HVAC) equipment (see FIG.4; [0076] FIG. 4 is a block diagram of an HVAC system 52 that includes controller 22, indoor unit 28 functioning as an air handler, and outdoor unit 30 functioning as a heat pump.);
and a controller (see Fig. 4 control circuit 58 and control circuit 60) incorporated into one of the one or more HVAC equipment (as illustrated in FIG.4 control circuit 58 and control circuit 60 is incorporated into indoor unit 28 and outdoor unit 30 respectively.
Harrod further teaches [0076] FIG. 4 is a block diagram of an HVAC system 52 that includes controller 22, indoor unit 28 functioning as an air handler, and outdoor unit 30 functioning as a heat pump.; [0077] the control circuits may include one or more microprocessors, analog to digital converters, non-volatile memories, and interface boards.),
wherein the controller is communicatively coupled to the one or more temperature sensors ([0078] Control circuits 58, 60, and 62 may receive control signals from controller 22 and transmit the signals to equipment located within indoor unit 28, outdoor unit 30, and auxiliary heat system 54. ; [0078] The control circuits also may transmit control signals to other types of equipment such as valves 76 and 78, sensors, and switches.; [0070] When the temperature sensed inside the residence is higher than the set point on the thermostat (plus a small amount), the air conditioner may become operative to refrigerate additional air for circulation through the residence.) and the one or more HVAC equipment and is configured to operate the HVAC equipment ([0077] The operation of indoor and outdoor units 28 and 30 is controlled by control circuits 58 and 60, respectively.)
Harrod doesn’t explicitly teach in accordance with a temperature plan to reach a target air temperature at the one or more temperature sensors in a target time.
Steinberg teaches in accordance with a temperature control plan (see FIG. 7; [column 5 line 37-38] (38) FIG. 7 shows a flowchart illustrating the high-level process for controlling a just-in-time (JIT) event.) to reach a target air temperature (see FIG. 7 step 1010; [column 5 line 49-51] Then in 1010 specific setpoint changes are transmitted to the thermostat so that the temperature inside the home may be appropriately changed as intended.) at the one or more temperature sensors in a target time (see FIG.8 step 1102; [column 5 line 52-57] FIG. 8 shows a more detailed flowchart of the process. In step 1102, the server retrieves input parameters used to create a JIT event. These parameters include the maximum time allowed for a JIT event for thermostat 108 (MTI); the target time the system is intended to hit the desired temperature (TT); and the desired inside temperature at TT (TempTT)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of Harrod to incorporate the teachings of Steinberg so as to include a temperature control algorithm. Doing so would allow the optimization of HVAC equipment (Steinberg [column 2 line 5-6] improve the ability to dynamically achieve the best possible balance between comfort and energy savings).
Regarding claim 2, Harrod in view of Steinberg teaches the system of claim 1,
Harrod further teaches wherein: the one or more HVAC equipment comprises
an indoor HVAC unit (See FIG.4; indoor unit 28);
and the indoor HVAC unit comprises one or more of a furnace ([0004] Residential systems generally include an indoor unit, such as an air handler or a furnace; [0088] auxiliary heating system 54 may be a furnace that uses fuel from a propane tank), an air handler, or an auxiliary electric heater ([0076] FIG. 4 is a block diagram of an HVAC system 52 that includes controller 22, indoor unit 28 functioning as an air handler,).
Regarding claim 4, Harrod in view of Steinberg the system of claim 1,
Harrod further teaches wherein: the one or more HVAC equipment comprises
an outdoor HVAC unit (see FIG. 4 outdoor unit (30));
and the outdoor HVAC unit comprises one or more of an air conditioner or a heat pump ([0076] FIG. 4 is a block diagram of an HVAC system 52 that includes controller 22, indoor unit 28 functioning as an air handler, and outdoor unit 30 functioning as a heat pump.; [0004] Residential systems generally include an indoor unit, such as an air handler or a furnace, and an outdoor unit, such as a heat pump or an air conditioner.).
Regarding claim 6, Harrod in view of Steinberg the system of claim 1,
Harrod further teaches wherein the one or more temperature sensors ([0099] each zone may be controlled by controller 22 with each zone having separate temperature and/or humidity sensors ) are disposed in one or more of a kitchen, a dining room, one or more bedrooms, one or more hallways, one or more bathrooms, one or more stairwells, or one or more office spaces of the building ([0117] HVAC system 52 may include separate HVAC zones for rooms within the house, such as the living room, kitchen, bedrooms, dining room, and/or den.).
Regarding claim 7, Harrod in view of Steinberg the system of claim 1,
Harrod further teaches wherein the one or more temperature sensors ([0099] each zone may be controlled by controller 22 with each zone having separate temperature and/or humidity sensors ) are disposed in one or more of one or more office spaces, one or more hallways, one or more common areas within the building, or within a lobby of the building ([0117] HVAC system 52 may include separate HVAC zones for rooms within the house, such as the living room, kitchen, bedrooms, dining room, and/or den.).
Regarding claim 8, Harrod in view of Steinberg the system of claim 1,
Harrod further teaches wherein the controller is communicatively coupled to the HVAC equipment by way of one of WiFi protocols, Bluetooth protocols, cellular communication protocols, serial communication protocols, or parallel communication protocols ([0077] The control circuits may be controlled through a wireless network.; [0077] The operation of indoor and outdoor units 28 and 30 is controlled by control circuits 58 and 60, respectively.).
Regarding claim 9, Harrod teaches A system for controlling air temperature in a building, comprising:
one or more temperature sensors disposed in the building ([0086] controller 22 may receive information from a sensor 76 that measures the ambient indoor air temperature and a sensor 78 that measures indoor humidity.);
one or more heating ventilation and air-conditioning (HVAC) equipment (see FIG.4; [0076] FIG. 4 is a block diagram of an HVAC system 52 that includes controller 22, indoor unit 28 functioning as an air handler, and outdoor unit 30 functioning as a heat pump.);
a zoning unit ([0099] each zone may have a slave controller that communicates with controller 22.);
and a controller (see Fig. 4 control circuit 58 and control circuit 60) incorporated into and communicatively coupled to one of the HVAC equipment or the zoning unit (as illustrated in FIG.4 control circuit 58 and control circuit 60 is incorporated into indoor unit 28 and outdoor unit 30 respectively.
Harrod further teaches [0076] FIG. 4 is a block diagram of an HVAC system 52 that includes controller 22, indoor unit 28 functioning as an air handler, and outdoor unit 30 functioning as a heat pump.; [0077] the control circuits may include one or more microprocessors, analog to digital converters, non-volatile memories, and interface boards.)
wherein the controller is communicatively coupled to the one or more temperature sensors ([0078] Control circuits 58, 60, and 62 may receive control signals from controller 22 and transmit the signals to equipment located within indoor unit 28, outdoor unit 30, and auxiliary heat system 54. ; [0078] The control circuits also may transmit control signals to other types of equipment such as valves 76 and 78, sensors, and switches.; [0070] When the temperature sensed inside the residence is higher than the set point on the thermostat (plus a small amount), the air conditioner may become operative to refrigerate additional air for circulation through the residence.) and the one or more HVAC equipment and is configured to operate the HVAC equipment ([0077] The operation of indoor and outdoor units 28 and 30 is controlled by control circuits 58 and 60, respectively.)
Harrod doesn’t explicitly teach in accordance with a temperature plan to reach a target air temperature at the one or more temperature sensors in a target time.
Steinberg teaches in accordance with a temperature control plan (see FIG. 7; [column 5 line 37-38] (38) FIG. 7 shows a flowchart illustrating the high-level process for controlling a just-in-time (JIT) event.) to reach a target air temperature (see FIG. 7 step 1010; [column 5 line 49-51] Then in 1010 specific setpoint changes are transmitted to the thermostat so that the temperature inside the home may be appropriately changed as intended.) at the one or more temperature sensors in a target time (see FIG.8 step 1102; [column 5 line 52-57] FIG. 8 shows a more detailed flowchart of the process. In step 1102, the server retrieves input parameters used to create a JIT event. These parameters include the maximum time allowed for a JIT event for thermostat 108 (MTI); the target time the system is intended to hit the desired temperature (TT); and the desired inside temperature at TT (TempTT)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of Harrod to incorporate the teachings of Steinberg so as to include a temperature control algorithm. Doing so would allow the optimization of HVAC equipment (Steinberg [column 2 line 5-6] improve the ability to dynamically achieve the best possible balance between comfort and energy savings).
Regarding claim 10, Harrod in view of Steinberg the system of claim 9,
Harrod further teaches wherein: the one or more HVAC equipment comprises
an indoor HVAC unit (See FIG.4; indoor unit 28);
and the indoor HVAC unit comprises one or more of a furnace ([0004] Residential systems generally include an indoor unit, such as an air handler or a furnace; [0088] auxiliary heating system 54 may be a furnace that uses fuel from a propane tank), an air handler, or an auxiliary electric heater ([0076] FIG. 4 is a block diagram of an HVAC system 52 that includes controller 22, indoor unit 28 functioning as an air handler,).
Regarding claim 12, Harrod in view of Steinberg the system of claim 9,
Harrod further teaches wherein: the one or more HVAC equipment comprises
an outdoor HVAC unit (see FIG. 4 outdoor unit (30));
and the outdoor HVAC unit comprises one or more of an air conditioner or a heat pump ([0076] FIG. 4 is a block diagram of an HVAC system 52 that includes controller 22, indoor unit 28 functioning as an air handler, and outdoor unit 30 functioning as a heat pump.; [0004] Residential systems generally include an indoor unit, such as an air handler or a furnace, and an outdoor unit, such as a heat pump or an air conditioner.).
Regarding claim 14, Harrod in view of Steinberg the system of claim 9,
Harrod further teaches wherein the one or more temperature sensors ([0099] each zone may be controlled by controller 22 with each zone having separate temperature and/or humidity sensors ) are disposed in one or more of a kitchen, a dining room, one or more bedrooms, one or more hallways, one or more bathrooms, one or more stairwells, or one or more office spaces of the building ([0117] HVAC system 52 may include separate HVAC zones for rooms within the house, such as the living room, kitchen, bedrooms, dining room, and/or den.).
Regarding claim 15, Harrod in view of Steinberg the system of claim 9,
Harrod further teaches wherein the one or more temperature sensors ([0099] each zone may be controlled by controller 22 with each zone having separate temperature and/or humidity sensors ) are disposed in one or more of one or more office spaces, one or more hallways, one or more common areas within the building, or within a lobby of the building ([0117] HVAC system 52 may include separate HVAC zones for rooms within the house, such as the living room, kitchen, bedrooms, dining room, and/or den.).
Regarding claim 16, Harrod in view of Steinberg the system of claim 9,
Harrod further teaches wherein the controller is communicatively coupled to the HVAC equipment by way of one of WiFi protocols, Bluetooth protocols, cellular communication protocols, serial communication protocols, or parallel communication protocols ([0077] The control circuits may be controlled through a wireless network.; [0077] The operation of indoor and outdoor units 28 and 30 is controlled by control circuits 58 and 60, respectively.).
Regarding claim 17, Harrod in view of Steinberg the system of claim 9,
Harrod further teaches wherein the zoning unit includes one or more dampers ([0099] HVAC system 52 may include electrically controlled dampers that are independently controlled by controller 22 to adjust the airflow to different areas, or zones, within the building.).
Claims 3, 5, 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Harrod, in view of Steinberg, and further in view of Shah et al. (US 20050149232 A1, herein Shah).
Regarding claim 3, Harrod in view of Steinberg the system of claim 2.
Harrod in view of Steinberg teaches the controller communicating with the furnace. However, Harod in view of Steinberg does not explicitly teach where the controller is incorporated into and communicatively coupled to [the furnace].
Shah further teaches wherein the controller is incorporated into and communicatively coupled to one of the furnace, the air handler, or the auxiliary electric heater (see FIG.1 [0016] An indoor heating unit 26 may be a furnace, or a heater and fan, and is also provided with a microprocessor 28.; [0020] The microprocessor 23 is provided information such that the reporting information from the indoor unit 26 would let the microprocessor 23 know what the particular characteristics are.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of Harrod to incorporate the teachings of Shah so as to include a controller incorporated into the components of the HVAC equipment. Doing so would allow efficient independent control strategies for each of the units (Shah [0001] can identify a control strategy to encompass the individual characteristics of the several units, and to ensure they cooperate efficiently. ).
Regarding claim 5, Harrod in view of Steinberg the system of claim 4.
Harrod in view of Steinberg teaches the controller communicating with the air conditioner or the heat pump. However, Harod in view of Steinberg does not explicitly teach where the controller is incorporated into and communicatively coupled to [the air conditioner or the heat pump].
Shah further teaches wherein the controller is incorporated into and communicatively coupled ([0018] As shown, each of the units 26, 30, 34, 38 and 42 communicate with the microprocessor 23.) to one of the air conditioner or the heat pump (see FIG.1; [0016] An outdoor unit 30 which may be an air conditioner or heat pump, is also provided with a microprocessor 32.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of Harrod to incorporate the teachings of Shah so as to include a controller incorporated into the components of the HVAC equipment. Doing so would allow efficient independent control strategies for each of the units (Shah [0001] can identify a control strategy to encompass the individual characteristics of the several units, and to ensure they cooperate efficiently. ).
Regarding claim 11, Harrod in view of Steinberg the system of claim 10.
Harrod in view of Steinberg teaches the controller communicating with the furnace. However, Harod in view of Steinberg does not explicitly teach where the controller is incorporated into and communicatively coupled to [the furnace].
Shah further teaches wherein the controller is incorporated into and communicatively coupled to one of the furnace, the air handler, or the auxiliary electric heater (see FIG.1 [0016] An indoor heating unit 26 may be a furnace, or a heater and fan, and is also provided with a microprocessor 28.; [0020] The microprocessor 23 is provided information such that the reporting information from the indoor unit 26 would let the microprocessor 23 know what the particular characteristics are.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of Harrod to incorporate the teachings of Shah so as to include a controller incorporated into the components of the HVAC equipment. Doing so would allow efficient independent control strategies for each of the units (Shah [0001] can identify a control strategy to encompass the individual characteristics of the several units, and to ensure they cooperate efficiently. ).
Regarding claim 13, Harrod in view of Steinberg the system of claim 12.
Harrod in view of Steinberg teaches the controller communicating with the air conditioner or the heat pump. However, Harod in view of Steinberg does not explicitly teach where the controller is incorporated into and communicatively coupled to [the air conditioner or the heat pump].
Shah further teaches wherein the controller is incorporated into and communicatively coupled ([0018] As shown, each of the units 26, 30, 34, 38 and 42 communicate with the microprocessor 23.) to one of the air conditioner or the heat pump (see FIG.1; [0016] An outdoor unit 30 which may be an air conditioner or heat pump, is also provided with a microprocessor 32.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of Harrod to incorporate the teachings of Shah so as to include a controller incorporated into the components of the HVAC equipment. Doing so would allow efficient independent control strategies for each of the units (Shah [0001] can identify a control strategy to encompass the individual characteristics of the several units, and to ensure they cooperate efficiently. ).
Claims 18 is rejected under 35 U.S.C. 103 as being unpatentable over Harrod, in view of Steinberg, and further in view of Russ et al. (US 5706190 A, herein Russ).
Regarding claim 18, Harrod in view of Steinberg the system of claim 17.
Harrod in view of Steinberg teaches the controller communicating with the damper. However, Harod in view of Steinberg does not explicitly teach where the controller is incorporated into and communicatively coupled to [the damper].
Russ further teaches wherein the controller is incorporated into (see FIG. 1; [column 4 line 1-6] Damper 863 includes an associated damper controller 865 and damper actuator 864. Damper controller 864 includes controller 866 and communication interface 867. Similarly, damper 873 includes an associated damper controller 875, including controller portion 876 and communication interface 877. Damper 873 further includes an associated damper actuator 874.) and communicatively coupled to one of the one or more dampers ([column 4 line 7-11] Each damper controller's communication interface 867, 877 is capable of receiving commands from HVAC controller 820 over communication bus 823, including commands indicative of a desired setting of the associated damper.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of Harrod to incorporate the teachings of Russ so as to include the dampers having a controller communicating with the main controller. Doing so would allow the dampers to be operated in case of a partial malfunction with the system (Russ [abstract] The HVAC controller detects a thermostat malfunction and, in response thereto, instead controls the operation of the HVAC unit in accordance with a temperature sensor outputting a signal indicative of return air temperature from the conditioned space.).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Harrod, in view of Steinberg, and further in view of Stefanski et al. (US 8630742 A1, herein Stefanski).
Regarding claim 19, Harrod in view of Steinberg teaches the system of claim 17 but does not explicitly teach the claim limitations set forth in Claim 19.
Stefanski further teaches wherein: the system further comprises:
a supply air duct ([column 10 line 33-35] The heated air flows back into the enclosure at one or more locations via supply air duct system 252 and supply air registers such as register 250);
and the one or more dampers are disposed within the supply air duct ([column 10 line 63-66] Although not shown in FIG. 2, alternate embodiments of HVAC system 120 may have other functionality such as venting air to and from the outside, one or more dampers to control airflow within the duct system 252).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of Harrod to incorporate the teachings of Stefanski to incorporate having dampers within the supply duct. Doing so would allow improved ventilation in the building (Stefanski [column 1 line 24-29] Along with improvements in the physical plant associated with home heating and cooling (e.g., improved insulation, higher efficiency furnaces), substantial increases in energy efficiency can be achieved by better control and regulation of home heating and cooling equipment.).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Harrod, in view of Steinberg, and further in view of Bester et al. (US 20130085613 A1, herein Bester).
Regarding claim 20, Harrod in view of Steinberg teaches the system of claim 17 but does not explicitly teach the Claim limitations of 20.
Harrod in view of Steinberg teaches the controller communicating with the dampers. However, Harrod in view of Steinberg does not explicitly teach wherein the one or more dampers are configured to open to direct air into one or more zones within the building and wherein the one or more dampers are configured to close to direct air away from the one or more zones within the building.
Bester teaches wherein the one or more dampers are configured to open to direct air into one or more zones within the building ([0069] the zone controller 410a sends a ventilation signal to a damper actuator, which opens a damper to allow outside air into the building), and wherein the one or more dampers are configured to close to direct air away from the one or more zones within the building ([0071] zone controller 410a switches back to operating in the ventilation mode and sends a ventilation signal that closes the damper and/or turns off the fans to prevent outside air from coming into the building until contaminant levels rise too high (step 502).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the controller of Harrod to incorporate the teachings of Bester so as to include send signals to open and close the damper. Doing so would allow improved ventilation in the building (Bester [abstract] A method performed by a zone controller for a zone of a building for improving energy efficiency in a heating, ventilation, and air conditioning (HVAC) system is provided. The method includes operating in a ventilation mode.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20170227246 A1 – Method of a System For Minimization of Condenser-Fan Cycling for Low Ambient Temperature (measuring ambient temperature and determining condenser runtime)
US 20150032264 A1 – Air Quality Based Ventilation Control for HVAC Systems (ventilation of a building per air quality and temperature threshold)
US 8630742 B1 – Preconditioning Controls and Methods For an Environmental Control System (thermostats that are configured to precondition an enclosure)
US 20130085613 A1 – Method and System for Improving Energy Efficiency in an HVAC system (operating in ventilation mode based on a point of reference of temperature)
US 20100106309 A1 – General Control Techniques in a Heating, Ventilation and Air Conditioning Network (HVAC data processing communication network and a controller for controlling the network)
US 20100070089 A1 – HVAC Controller and Interfaces (GUI control of a thermostat to control HVAC)
US 20100057258 A1 – Return Fan Control System and Method (supply and return fan control loop for an HVAC system)
US 20070181701 A1 – Arrangement and Method For Automatically Determined Time Constant for a Control Device (determines a time constant for all the HVAC devices and controls the unit based on the time constant)
US 20050149232 A1 – Self-Configuring Controls For Heating, Ventilating, and Air Conditioning Systems (Components of the HVAC system each having an individual processor)
US 5706190 A – Fault-Tolerant HVAC System (zone damper having a controller coupled and incorporated within).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason Choi whose telephone number is (571) 270 0512. The examiner can normally be reached Mon-Thurs 8:00-6:00 EST.
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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.
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/J.J.C./Examiner, Art Unit 2117
/ROBERT E FENNEMA/Supervisory Patent Examiner, Art Unit 2117
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