DETAILED ACTION
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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the abstract contains line numbers which are not a part of the abstract. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Allowable Subject Matter
Claims 1-20 are cited as containing allowable subject matter.
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US12,270,565, hereinafter “the 565 Patent”. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding Claim 1, the 565 Patent teaches a Heating, Ventilation, and Air Conditioning (HVAC) control system [claims 1 & 2 of the 565 Patent], comprising:
an HVAC controller configured to send one or more control signals for operating one or more components of an HVAC system [claims 1 & 2 of the 565 Patent]; and
a temperature control device operably coupled to the HVAC controller and configured to receive a temperature value [claims 1 & 2 of the 565 Patent], the temperature control device comprising:
a memory operable to store HVAC control instructions [claims 1 & 2 of the 565 Patent], wherein the HVAC control instructions comprise:
a plurality of settings for the HVAC system [claims 1 & 2 of the 565 Patent], wherein:
each setting in the plurality of settings controls the operation of the one or more components of the HVAC system; and access to the plurality of setting for the HVAC system is restricted for a user by default [claims 1 & 2 of the 565 Patent]; and a processor operably coupled to the memory [claims 1 & 2 of the 565 Patent], configured to: determine a load demand value [claims 1 & 2 of the 565 Patent];
determine a load capacity value [claims 1 & 2 of the 565 Patent];
detect a load deficit event when the load demand value is greater than the load capacity value; [claims 1 & 2 of the 565 Patent]
identify a first particular setting corresponding to a boost mode from among the plurality of settings for the HVAC system in response to detecting the load deficit even [claims 1 & 2 of the 565 Patent]t;
output a message requesting permission to operate the HVAC system in the boost mode [claims 1 & 2 of the 565 Patent];
receive a response approving permission to operate the HVAC system in the boost mode [claims 1 & 2 of the 565 Patent];
send a first trigger signal to the HVAC controller to operate the one or more components of the HVAC system using the first particular setting corresponding to the boost mode [claims 1 & 2 of the 565 Patent]; and operate the HVAC controller to operate the one or more components of the HVAC system in the boost mode [claims 1 & 2 of the 565 Patent].
Regarding Claim 2, the 565 Patent teaches wherein operating the one or more components of the HVAC system using the first particular setting corresponding to the boost mode includes operating the HVAC system using at least one setting value that exceeds a default value range for at least one HVAC system component [claims 1 & 2 of the 565 Patent].
Regarding Claim 3, the 565 Patent teaches wherein the received temperature value is a current temperature value [claim 3 of the 565 Patent]
Regarding Claim 4, the 565 Patent teaches wherein the received temperature value is a forecasted temperature value [claim 4 of the 565 Patent].
Regarding Claim 5, the 565 Patent teaches wherein sending the first trigger signal to the HVAC controller triggers the HVAC controller to adjust a speed of a compressor [claim 5 of the 565 Patent].
Regarding Claim 6, the 565 Patent teaches wherein sending the first trigger signal to the HVAC controller triggers the HVAC controller to adjust a speed of a heat pump [claim 6 of the 565 Patent].
Regarding Claim 7, the 565 Patent teaches wherein the processor is further configured to: determine a predetermined amount of time has elapsed since sending the first trigger signal of the one or more control signals; and send a second trigger signal to the HVAC controller to operate the one or more components of the HVAC system using a second particular setting in response to determining that the predetermined amount of time has elapsed since sending the first trigger signal [claim 7 of the 565 Patent].
Regarding Claim 8, the 565 Patent teaches a Heating, Ventilation, and Air Conditioning (HVAC) control method, comprising:
receiving a temperature value;
determining a load demand value;
determining a load capacity value;
detecting a load deficit event when the load demand value is greater than the load capacity value;
identifying a first particular setting corresponding to a boost mode from among a plurality of settings for an HVAC system in response to detecting the load deficit event, wherein: each setting in the plurality of settings controls an operation of one or more components of the HVAC system; and access to the plurality of settings for the HVAC system is restricted for a user by default; outputting a message requesting permission to operate the HVAC system using the first particular setting;
receiving a response approving permission to operate the HVAC system using the first particular setting;
sending a first trigger signal to an HVAC controller to operate the one or more components of the HVAC system using the first particular setting corresponding to the boost mode; and operating the HVAC controller to operate the one or more components of the HVAC system in the boost mode [claims 8 & 9 of the 565 Patent].
.
Regarding Claim 9, the 565 Patent teaches wherein operating the one or more components of the HVAC system using the first particular setting corresponding to the boost mode includes operating the HVAC system using at least one setting value that exceeds a default value range for at least one HVAC system component [claims 8 & 9 of the 565 Patent].
Regarding Claim 10, the 565 Patent teaches wherein the received temperature value is a current temperature value [claim 10 of the 565 Patent].
Regarding Claim 11, the 565 Patent teaches wherein the received temperature value is a forecasted temperature value [claim 11 of the 565 Patent].
Regarding Claim 12, the 565 Patent teaches wherein sending the first trigger signal to the HVAC controller triggers the HVAC controller to adjust a speed of a compressor [claim 12 of the 565 Patent].
Regarding Claim 13, the 565 Patent teaches wherein sending the first trigger signal to the HVAC controller triggers the HVAC controller to adjust a speed of a heat pump [claim 13 of the 565 Patent].
Regarding Claim 14, the 565 Patent teaches identifying a second particular setting from among the plurality of settings for the HVAC system; determining a predetermined amount of time has elapsed since sending the first trigger signal; and sending a second trigger signal to the HVAC controller to operate the one or more components of the HVAC system using the second particular setting in response to determining that the predetermined amount of time has elapsed since sending the first trigger signal [claim 14 of the 565 Patent].
Regarding Claim 15, the 565 Patent teaches a temperature control device, comprising: a memory operable to store Heating, Ventilation, and Air Conditioning (HVAC) control instructions for an HVAC system,
wherein the HVAC control instructions comprise:
a plurality of settings for the HVAC system, wherein: each setting in the plurality of settings controls an operation of one or more components of the HVAC system; and access to the plurality of setting for the HVAC system is restricted for a user by default; and a processor operably coupled to the memory, configured to: receive a temperature value;
determine a load demand value; determine a load capacity value; detect a load deficit event when the load demand value is greater than the load capacity value; identify a first particular setting corresponding to a boost mode from among the plurality of settings for the HVAC system in response to detecting the load deficit event; output a message requesting permission to operate the HVAC system in the boost mode; receive a response approving permission to operate the HVAC system in the boost mode;
send a first trigger signal to the HVAC controller to operate the one or more components of the HVAC system using the first particular setting corresponding to the boost mode; and operate the HVAC controller to operate the one or more components of the HVAC system in the boost mode [claims 15 & 16 of the 565 Patent].
Regarding Claim 16, the 565 Patent teaches wherein operating the one or more components of the HVAC system using the first particular setting corresponding to the boost mode includes operating the HVAC system using at least one setting value that exceeds a default value range for at least one HVAC system component [claims 15 & 16 of the 565 Patent].
Regarding Claim 17, the 565 Patent teaches wherein the received temperature value is a current temperature value [claim 17 of the 565 Patent].
Regarding Claim 18, the 565 Patent teaches wherein the received temperature value is a forecasted temperature value [claim 18 of the 565 Patent].
Regarding Claim 19, the 565 Patent teaches wherein sending the first trigger signal to the HVAC controller triggers the HVAC controller to adjust a speed of at least one of a compressor or a heat pump [claim 19 of the 565 Patent].
Regarding Claim 20, the 565 Patent teaches wherein the processor is further configured to: determine a predetermined amount of time has elapsed since sending the first trigger signal; and send a second trigger signal to the HVAC controller to operate the one or more components of the HVAC system using a second particular setting in response to determining that the predetermined amount of time has elapsed since sending the first trigger signal [claim 20 of the 565 Patent].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Han et al. (US4543796).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY L FURDGE whose telephone number is (313)446-4895. The examiner can normally be reached M-R 6a-3p; F 6a-10a.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry Fletcher can be reached at 571-270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LARRY L FURDGE/Primary Examiner, Art Unit 3763
