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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/06/2025, 06/09/2025, 07/10/2025 and 03/05/2026 have been considered by the examiner.
Claim Status
Claims 1-32 are pending.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) 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 1-9, 12, 15-26 and 28 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of U.S. Patent No. 12,080,115 to MARCINKOWSKI in view of OKITA (U.S. 2018/0087795).
Regarding claims 1, 23 and 24,
Claim 1 of U.S. Patent No. 12,080,115 teaches a system for controlling a plurality of smart devices of a unit of a multi-family residential or commercial property, the system comprising:
a property management platform configured to provide property management and security functionality, the property management platform configured for accessibility by a user associated with the unit of the multi-family residential or commercial property and by a representative associated with the multi-family residential or commercial property, the property management platform configured to reside at a location other than the multi-family residential or commercial property; and
a smart hub associated with the unit, the smart hub comprising:
a housing;
one or more processors in the housing and configured to implement a smart hub controller within the housing;
a first bi-directional low-power wide area network (LPWAN) communication interface in the housing and configured to communicatively couple the one or more processors to the property management platform via a LPWAN communication link; and
a second bi-directional non-LPWAN communication interface in the housing and configured to communicatively couple the one or more processors to the plurality of smart devices via a non-LPWAN communication link,
where the one or more processors are configured to:
receive, from the property management platform via the LPWAN communication link, a request for status of a smart device of the plurality of smart devices,
request status of the smart device via the non-LPWAN communication link, and
transmit, in response to the received request for status, the status of the smart device to the property management platform via the LPWAN communication link.
Claim 1 of U.S. Patent No. 12,080,115 fails to expressly teach that the smart hub is a smart thermostat hub further configured to implement a heating, ventilation, and air conditioning (HVAC) controller within the housing.
OKITA teaches a multi-function thermostat. [0020] teaches a thermostat which functions as a home hub, which may connect to a network with a plurality of additional devices that can include one or more thermostats for additional HVAC units. [0264] teaches a thermostat/hub 108 may include a first module and a second module wherein at least one module may include the means used to communicate with an HVAC system.
Before the effective filing date of the invention, it would have been obvious to modify the system of 12,080,115 and configure the smart thermostat to function as a smart thermostat hub as disclosed by Okita, for the purpose of providing a centralized tool for accomplishing a wide range of tasks related to home comfort, convenience and security.
Regarding claim 2,
Claim 2 of U.S. Patent No. 12,080,115 teaches that the one or more processors are further configured to: receive, from the property management platform via the LPWAN communication link, a request for status of another smart device of the plurality of smart devices that comprises another type of smart device; request status of the another smart device via the non-LPWAN communication link; and transmit, in response to the received request for status of the another smart device, the status of the another smart device via the LPWAN communication link.
Regarding claim 3,
Claim 3 of U.S. Patent No. 12,080,115 teaches that the first LPWAN communication interface is a long-range wide area network (LoRaWAN) interface.
Regarding claim 4,
Claim 4 of U.S. Patent No. 12,080,115 teaches that a gateway, where the first bi-directional LPWAN communication interface of the smart thermostat hub is configured to communicatively couple the one or more processors to the gateway via the LPWAN communication link and where the gateway is configured to communicatively couple to the property management platform via a non-LPWAN communication link.
Regarding claim 5,
Claim 7 of U.S. Patent No. 12,080,115 teaches that the property management platform is configured to communicate with a system of a third-party service provider.
Regarding claim 6,
Claim 8 of U.S. Patent No. 12,080,115 teaches that the property management platform is configured to communicate the status of the smart device to a cloud-based service via the Internet.
Regarding claim 7,
Claim 9 of U.S. Patent No. 12,080,115 teaches that the smart device comprises an electronic door lock, and where the property management platform is configured to: determine the unit is vacant; and signal, in response to determining the unit is vacant, the smart thermostat hub to disable access credentials of the electronic door lock associated with a former resident of the unit and to adjust another one or more smart devices of the plurality of smart devices.
Regarding claim 8,
Claim 10 of U.S. Patent No. 12,080,115 teaches that the property management platform is configured to automatically determine the unit is vacant based on a database comprising move-out dates.
Regarding claim 9,
Claim 11 of U.S. Patent No. 12,080,115 teaches that the property management platform is configured to automatically signal the smart thermostat hub in response to determining the unit is vacant.
Regarding claim 12,
Claim 13 of U.S. Patent No. 12,080,115 teaches that the property management platform is configured to: determine a new resident is scheduled to move into the unit based on a database of move-in dates; and in response to determining a new resident is scheduled to move in, signal the smart thermostat hub to adjust one or more smart devices of the plurality of smart devices associated with the unit.
Regarding claim 15,
Claim 14 of U.S. Patent No. 12,080,115 teaches that the one or more processors are configured to: receive from the property management platform via the LPWAN communication link, one or more requests for activity associated with one or more of the plurality of smart devices, and transmit, at a specified time of day, one or more received activity entries to the property management platform via the LPWAN communication link.
Regarding claim 16,
Claim 1 of U.S. Patent No. 12,080,115 teaches that the smart device comprises an electronic door lock, a smart thermostat, a second smart thermostat hub, a smart light bulb or a leak detection device.
Regarding claim 17,
Claim 1 and 18 of U.S. Patent No. 12,080,115 teaches a method for controlling a plurality of smart devices of a multi-family residential or commercial property, the method comprising:
receiving, by one or more processors of a smart hub at a unit of the multi-family residential or commercial property, a request for status of a smart device of the plurality of smart devices via a first bi-directional low-power wide area network (LPWAN) communication link from a property management platform residing at a location other than the multi-family residential or commercial property, the property management platform configured to provide property management and security functionality and configured to be accessed by a user associated with the unit and a representative associated with the multi-family residential or commercial property;
requesting, by the one or more processors, status of the smart device via a second bi-directional non-LPWAN communication link; and
transmitting, by the one or more processors and in response to the received request for status, the status of the smart device to the property management platform via the first LPWAN communication link.
OKITA teaches a multi-function thermostat. [0020] teaches a thermostat which functions as a home hub, which may connect to a network with a plurality of additional devices that can include one or more thermostats for additional HVAC units. [0264] teaches a thermostat/hub 108 may include a first module and a second module wherein at least one module may include the means used to communicate with an HVAC system.
Before the effective filing date of the invention, it would have been obvious to modify the system of 12,080,115 and configure the smart thermostat to function as a smart thermostat hub as disclosed by Okita, for the purpose of providing a centralized tool for accomplishing a wide range of tasks related to home comfort, convenience and security.
Regarding claim 18,
Claim 1 and 18 of U.S. Patent No. 12,080,115 teach that the smart device comprises an electronic door lock, a smart thermostat, a smart thermostat hub, a smart light bulb or a leak detection device.
Regarding claim 19,
Claim 3 and 19 of U.S. Patent No. 12,080,115 teach that the LPWAN communication link comprises a long-range wide area network (LoRaWAN) communication link.
Regarding claim 20,
Claim 20 of U.S. Patent No. 12,080,115 teaches that the LPWAN communication link is between the smart thermostat hub and a gateway.
Regarding claim 21,
Claim 21 of U.S. Patent No. 12,080,115 teaches that receiving via the LPWAN communication link comprises receiving from one or more of a plurality of gateways residing at the multi-family residential or commercial property, where the plurality of gateways includes the gateway.
Regarding claim 22,
Claim 22 of U.S. Patent No. 12,080,115 teaches transmitting, by the one or more processors and via the Internet, the status of the smart device to a cloud-based service.
Regarding claim 25,
Claim 1 of U.S. Patent No. 12,080,115 teaches that the smart thermostat hub is part of a system for controlling the plurality of smart devices, including the smart device, associated with the unit of the multi-family residential or commercial property, and where the smart device comprises an electronic door lock, a smart thermostat, a smart thermostat hub, a smart light bulb or a leak detection device.
Regarding claim 26,
Claim 3 of U.S. Patent No. 12,080,115 teaches that the LPWAN communication link comprises a long-range wide area network (LoRaWAN) communication link.
Regarding claim 28,
Claim 12 of U.S. Patent No. 12,080,115 teaches that the smart thermostat hub is configured to be communicatively coupled to the plurality of smart devices via the non-LPWAN communication link, the plurality of smart devices including the smart device and a second smart device, where the smart device comprises an electronic door lock and the second smart device comprises a smart thermostat.
Claims 1, 7, 8, 10, 11, 13, 14, 23, 24, 27 and 29-32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-42 of U.S. Publication 2024/0428629 to MARCINKOWSKI in view of OKITA (U.S. 2018/0087795).
Regarding claim 1,
Claim 1 of U.S. Publication 2024/0428629 teaches a system for controlling a plurality of smart devices of a unit of a multi-family residential or commercial property, the system comprising:
a property management platform configured to provide property management and security functionality, the property management platform configured for accessibility by a user associated with the unit of the multi-family residential or commercial property and by a representative associated with the multi-family residential or commercial property, the property management platform configured to reside at a location other than the multi-family residential or commercial property; and
a smart hub associated with the unit, the smart hub comprising:
a housing;
one or more processors in the housing and configured to implement a smart hub controller within the housing;
a first bi-directional low-power wide area network (LPWAN) communication interface in the housing and configured to communicatively couple the one or more processors to the property management platform via a LPWAN communication link; and
a second bi-directional non-LPWAN communication interface in the housing and configured to communicatively couple the one or more processors to the plurality of smart devices via a non-LPWAN communication link,
where the one or more processors are configured to:
receive, from the property management platform via the LPWAN communication link, a request for status of a smart device of the plurality of smart devices,
request status of the smart device via the non-LPWAN communication link, and
transmit, in response to the received request for status, the status of the smart device to the property management platform via the LPWAN communication link.
Claim 1 of U.S. Publication 2024/0428629 fails to expressly teach that the smart hub is a smart thermostat hub further configured to implement a heating, ventilation, and air conditioning (HVAC) controller within the housing.
OKITA teaches a multi-function thermostat. [0020] teaches a thermostat which functions as a home hub, which may connect to a network with a plurality of additional devices that can include one or more thermostats for additional HVAC units. [0264] teaches a thermostat/hub 108 may include a first module and a second module wherein at least one module may include the means used to communicate with an HVAC system. Before the effective filing date of the invention it would have been obvious to modify the system of 12,080,115 to include a smart thermostat hub as disclosed by Okita for the purpose of providing a centralized tool for accomplishing a wide range of tasks related to home comfort, convenience and security.
Regarding claim 7,
Claim 11 of U.S. Pub. 2024/0428629 teaches that the smart device comprises an electronic door lock, and where the property management platform is configured to: determine the unit is vacant; and signal, in response to determining the unit is vacant, the smart thermostat hub to disable access credentials of the electronic door lock associated with a former resident of the unit and to adjust another one or more smart devices of the plurality of smart devices.
Regarding claim 8,
Claim 12 of U.S. Pub. 2024/0428629 teaches that the property management platform is configured to automatically determine the unit is vacant based on a database comprising move-out dates.
Regarding claim 10,
Claim 14 of U.S. Pub. 2024/0428629 teaches that the database comprising move-out dates is a third-party database separate from the property management platform and communicatively coupled to the property management platform.
Regarding claim 11,
Claim 15 of U.S. Pub. 2024/0428629 teaches that the property management platform is configured to, in response to determining the unit is vacant, signal the smart thermostat hub to adjust a thermostat of the unit to a predetermined temperature.
Regarding claim 13,
Claim 17 of U.S. Pub. 2024/0428629 teaches that the database of move-in dates is a third-party database separate from the property management platform and communicatively coupled to the property management platform.
Regarding claim 14,
Claim 18 of U.S. Pub. 2024/0428629 teaches that the database of move-in dates is stored at the property management platform.
Regarding claims 23 and 24,
Claim 28 of U.S. Pub. 2024/0428629 teaches a smart hub for controlling a plurality of smart devices of a unit of a multi-family residential or commercial property, the smart thermostat hub comprising:
a housing;
one or more processors in the housing and configured to implement a smart hub controller within the housing;
a first bi-directional low-power wide area network (LPWAN) communication interface in the housing and configured to communicatively couple the one or more processors to a property management platform via a LPWAN communication link, the property management platform configured for accessibility by a user associated with the unit of the multi-family residential or commercial property and a representative associated with the multi-family residential or commercial property, the property management platform configured to reside at a location other than the multi-family residential or commercial property; and
a second bi-directional non-LPWAN communication interface in the housing and configured to communicatively couple the one or more processors to the plurality of smart devices via a non-LPWAN communication link,
where the one or more processors are configured to:
receive, from the property management platform via the LPWAN communication link, a request for status of a smart device of the plurality of smart devices,
request status of the smart device via the non-LPWAN communication link, and
transmit, in response to the received request for status, the status of the smart device to the property management platform via the LPWAN communication link.
Claim 28 of U.S. Publication 2024/0428629 fails to expressly teach that the smart hub is a smart thermostat hub further configured to implement a heating, ventilation, and air conditioning (HVAC) controller within the housing.
OKITA teaches a multi-function thermostat. [0020] teaches a thermostat which functions as a home hub, which may connect to a network with a plurality of additional devices that can include one or more thermostats for additional HVAC units. [0264] teaches a thermostat/hub 108 may include a first module and a second module wherein at least one module may include the means used to communicate with an HVAC system. Before the effective filing date of the invention it would have been obvious to modify the system of 12,080,115 to include a smart thermostat hub as disclosed by Okita for the purpose of providing a centralized tool for accomplishing a wide range of tasks related to home comfort, convenience and security.
Regarding claim 27,
Claim 37 of U.S. Pub. 2024/0428629 teaches that the non-LPWAN communication link comprises at least one of a Wireless Fidelity (Wi-Fi) communication link, a ZigBee communication link, a Bluetooth communication link, and a Bluetooth Low Energy (BLE) communication link.
Regarding claim 29,
Claim 39 of U.S. Pub. 2024/0428629 teaches that the smart device comprises smart thermostat, and where the one or more processors are further configured to: receive additional control information from the property management platform via the LPWAN communication link, the additional control information including one or more thermostat parameters; and transmit one or more thermostat commands to the smart thermostat via the non-LPWAN communication link to instruct the HVAC controller based on the one or more thermostat parameters.
Regarding claim 30,
Claim 40 of U.S. Pub. 2024/0428629 teaches that the one or more thermostat parameters control a temperature setting, a thermostat operating mode, or both; and the thermostat operating mode is configurable to change between a heating mode, a cooling mode, and an off mode.
Regarding claim 31,
Claim 41 of U.S. Pub. 2024/0428629 teaches that the one or more processors are further configured to: receive additional control information from the property management platform via the LPWAN communication link, the additional control information identifying a smart light fixture of the plurality of smart devices and including information indicating to turn off the smart light fixture or turn on the smart light fixture; generate one or more light fixture commands configured to turn off the smart light fixture or turn on the smart light fixture based on the additional control information; and transmit the one or more light fixture commands to the smart light fixture via the non-LPWAN communication link.
Regarding claim 32,
Claim 42 of U.S. Pub. 2024/0428629 teaches that the additional control information comprises scheduling information that identifies a first time and a second time that is different from the first time; the first time corresponds to a time to turn on the smart light fixture and the second time corresponds to a time to turn off the smart light fixture; and the one or more light fixture commands comprise a first light fixture command to turn on the smart light fixture at the first time and a second light fixture command to turn off the smart light fixture at the second time.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIONNE PENDLETON whose telephone number is (571)272-7497. The examiner can normally be reached M-F 9a-5pm.
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/DIONNE PENDLETON/Primary Examiner, Art Unit 2689
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