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 .
Claim Status
In the December 23, 2025 submission, claims 1, 7 and 17-19 were amended to further support interfacing and pairing aspects of the intended invention. Claims 1-19 were presented for consideration and are pending.
Response to Arguments
Applicant's arguments are directed to newly filed amendments not yet considered by the examiner. As such, the following Office Action has been updated to address the amended claim language and applicant's remarks.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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 1-5, 8, 9 and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Noor, US Patent Application No. 2019/0368763 (published December 2019, hereinafter NOOR), in view of Emmons et al., US Patent Application Publication No. 2016/0040903 (published February 2016, hereinafter EMMONS).
As per claim 1 (Currently Amended), NOOR teaches of a method, comprising:
causing an application program to run in a technician mode on an operating system
of a mobile computing terminal having a display and a first network interface (see fig. 5 and 8; and par. 57 and 63: system supports modes allowing both users and service personnel to login and perform specialized activities via an interface) such that:
(1) the first network interface directly pairs with a second network interface of a thermostat connected to a component of an HVAC system (see fig. 5; and par. 42 and 50-52: VR/AR equipment interconnects with mobile device, which interfaces with the control device and/or remote cloud/server control and/or informational devices); and
(2) the display displays a Graphical User Interface (GUI) (see fig. 8: GUI interface displaying operational parameters and allowing users to make changes via input options) that enables a technician to:
(i) select a setting for the component (see fig. 6 and 8; and par. 3, 17: user can adjust operational settings via the VR/AR interface) and
(ii) send the setting from the application program via the first network interface to the thermostat via the second network interface such that the thermostat operates the component according to the setting (see fig. 8; and par. 44-45, 50 and 55: input from the user interface (e.g., VR/IR) is sent to the mobile device and subsequently to the thermostat, wherein settings are executed based on set determinants).
While NOOR focuses on application within the technician mode as noted above, the art fails to explicitly address interfacing aspects relating to the paring of devices, “wherein the thermostat has a screen and a physical button, such that the first network interface directly pairs with the second network interface based on the physical button being pressed and the screen displaying a first code corresponding to a second code presented in the application program and then selected by the technician”.
Like NOOR, EMMONS is directed to interfacing and controlling thermostats via a remote device. However, EMMONS further teaches of a system and method wherein the thermostat and interfacing device(s) contain display(s) and button(s) which enhances the interfacing process by offering a physical medium during the pairing process, further adding support during secure connectivity between devices, wherein a code is presented and confirmed to ensure secure connectivity for subsequent activities (see fig. 7; and par. 35-36, 47-48 and 50).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to employ the use of EMMONS's method of facilitating pairing operations between a thermostat and interfacing device, with NOOR's method of supporting external communication with a thermostat, to provide a secure paring environment for accessing a thermostat and ensuring the device is securely connected during maintenance/system support activities.
As per claim 2, the combination of NOOR and EMMONS teaches all of the limitations noted in the base claim(s) as outlined above, wherein NOOR further teaches of the method of claim 1, wherein the first network interface directly pairs with the second network interface over a wireless connection (see fig. 5 and par. 44-50: system provides wireless communication between various elements of the system in support of wired/wireless internet service to directed wireless Bluetooth and NFC communications between devices within the local system).
As per claims 3 and 4, the combination of NOOR and EMMONS teaches all of the limitations noted in the base claim(s) as outlined above, wherein NOOR further teaches of the method of claims 2 and 3, respectively, wherein the wireless connection is a radio connection, wherein the wireless connection is a Bluetooth connection (see par. 44-47: system supports wired and wireless (considered by the examiner as a derivative of radio communication) connectivity, whereas communication is made available via the internet, Wi-Fi, Bluetooth and Near-Field Communication (NFC) are options).
As per claim 5, the combination of NOOR and EMMONS teaches all of the limitations noted in the base claim(s) as outlined above, wherein EMMONS further teaches of the method of claim 4, wherein the Bluetooth connection is a Bluetooth Low Energy (BLE) connection (see par. 24, 28 and 38: system supports the use of BLE connectivity between the thermostat and user interfaces).
As per claim 8, the combination of NOOR and EMMONS teaches all of the limitations noted in the base claim(s) as outlined above, wherein NOOR further teaches of the method of claim 1, wherein the mobile computing terminal is a wearable computer (see par. 50: service VR/AR equipment may include virtual reality headsets, glasses and goggles).
As per claim 9, the combination of NOOR and EMMONS teaches all of the limitations noted in the base claim(s) as outlined above, wherein NOOR further teaches of the method of claim 1, wherein the application program has the technician mode and a resident mode, wherein the technician mode is accessible to the technician based on the technician being preauthorized to access the technician mode (see par. 57: access to different operational modules require varying levels of authorization, whereas a user of the system may have direct control over user define attributes [e.g., comfort settings], whereas access for technical service [may] require password admittance to access service parameters affecting the internal operation of the system).
As per claim 14, the combination of NOOR and EMMONS teaches all of the limitations noted in the base claim(s) as outlined above, wherein NOOR further teaches of the method of claim 1, wherein the setting is a wiring configuration (see fig. 6; and par. 63: access to authorized modules provide individuals to wiring diagrams and other technical details for service of the system).
As per claim 15, the combination of NOOR and EMMONS teaches all of the limitations noted in the base claim(s) as outlined above, wherein NOOR further teaches of the method of claim 1, wherein the setting is a configuration parameter (see fig. 8 and par. 41, 63 and 89: users of the VR/AR equipment are provided access to configuration parameters of the system, and able to make changes to operational parameters).
As per claim 16, the combination of NOOR and EMMONS teaches all of the limitations noted in the base claim(s) as outlined above, wherein NOOR further teaches of the method of claim 1, wherein the application program has a software wizard presenting the GUI as a series of steps or screens such that the setting is selected via the software wizard and the setting is commanded to be sent from the mobile computing terminal to the thermostat via the software wizard (see fig. 6; and par. 52-56:VR/AR system provides video walkthroughs, visual workshop videos, troubleshooting guides along with other viewable software wizards available for access during service on the system).
As per claim 17 (Currently Amended), NOOR teaches of a method, comprising:
running, by a processor, an application program (see par. 39 and 54: software executed with the HVAC system, mobile/VR/IR and related system components, used to perform operations on the system) in a technician mode on an operating system of a mobile computing terminal having a display and a first network interface (see fig. 5 and 8; and par. 57 and 63: system supports modes allowing both users and service personnel to login and perform specialized activities via an interface) such that:
(1) the first network interface directly pairs with a second network interface of a thermostat connected to a component of an HVAC system (see fig. 5; and par. 42 and 50-52: VR/AR equipment interconnects with mobile device, which interfaces with the control device and/or remote cloud/server control and/or informational devices); and
(2) the display displays a Graphical User Interface (GUI) (see fig. 8: GUI interface displaying operational parameters and allowing users to make changes via input options) that enables a technician to
(i) select a setting for the component (see fig. 6 and 8; and par. 3, 17: user can adjust operational settings via the VR/AR interface) and
(ii) send the setting from the application program via the first network interface to the thermostat via the second network interface such that the thermostat operates the component according to the setting (see fig. 8; and par. 44-45, 50 and 55: input from the user interface (e.g., VR/IR) is sent to the mobile device and subsequently to the thermostat, wherein settings are executed based on set determinants),
While NOOR focuses on application within the technician mode as noted above, the art fails to explicitly address interfacing aspects relating to the paring of devices, “wherein the thermostat has a screen and a physical button, such that the first network interface directly pairs with the second network interface based on the physical button being pressed and the screen displaying a first code corresponding to a second code presented in the application program and then selected by the technician”.
The cited EMMONS reference, like NOOR, is directed to interfacing and controlling thermostats via a remote device. However, EMMONS further teaches of a method wherein the thermostat and interfacing devices contain displays and buttons which aid the user in facilitating the secure connection process, wherein a code is presented and confirmed to ensure secure connectivity for subsequent activities (see fig. 7; and par. 35-36, 47-48 and 50).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to employ the use of EMMONS's method of facilitating pairing operations between a thermostat and interfacing device, with NOOR's method of supporting external communication with a thermostat, to provide a secure paring environment for accessing a thermostat and ensuring the device is securely connected during maintenance/system support activities.
As per claim 18 (Currently Amended), NOOR teaches of a method, comprising:
sending, by a server, an application program (see par. 39 and 54: software executed with the HVAC system, mobile/VR/IR and related system components, used to perform operations on the system) to a mobile computing terminal, wherein the mobile computing terminal has a display and a first network interface, wherein the mobile computing terminal hosts an operating system, wherein the application program is programmed to run in a technician mode on the operating system (see fig. 5 and 8; and par. 57 and 63: system supports modes allowing both users and service personnel to login and perform specialized activities via an interface) such that:
(1) the first network interface is capable of directly pairing with a second network interface of a thermostat connected to a component of an HVAC system (see fig. 5; and par. 42 and 50-52: VR/AR equipment interconnects with mobile device, which interfaces with the control device and/or remote cloud/server control and/or informational devices) and
(2) the display is capable of displaying a Graphical User Interface (GUI) (see fig. 8: GUI interface displaying operational parameters and allowing users to make changes via input options) that enables a technician to
(i) select a setting for the component (see fig. 6 and 8; and par. 3, 17: user can adjust operational settings via the VR/AR interface) and
(ii) send the setting from the application program via the first network interface to the thermostat via the second network interface such that the thermostat operates the component according to the setting (see fig. 8; and par. 44-45, 50 and 55: input from the user interface (e.g., VR/IR) is sent to the mobile device and subsequently to the thermostat, wherein settings are executed based on set determinants).
While NOOR focuses on application within the technician mode as noted above, the art fails to explicitly address interfacing aspects relating to the paring of devices, “wherein the thermostat has a screen and a physical button, such that the first network interface directly pairs with the second network interface based on the physical button being pressed and the screen displaying a first code corresponding to a second code presented in the application program and then selected by the technician”.
EMMONS teaches of a method of interfacing and controlling thermostats via a remote device, wherein the reference addresses a method whereby the thermostat and interfacing device(s) contain display(s) and button(s) which offers a means for initiating the pairing process, offering feedback during the process, provides confirmation during the process, and further aids the user in facilitating the secure connection process, wherein a code is presented and confirmed to ensure secure connectivity for subsequent activities (see fig. 7; and par. 35-36, 47-48 and 50).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to employ the use of EMMONS's method of facilitating pairing operations between a thermostat and interfacing device, with NOOR's method of supporting external communication with a thermostat, to provide a secure paring environment for accessing a thermostat and ensuring the device is securely connected during maintenance/system support activities.
As per claim 19 (Currently Amended), NOOR teaches of a system, comprising:
a mobile computing terminal having a display and a first network interface (see fig. 8: interfacing GUI for the user), wherein the mobile computing terminal hosts an operating system, wherein the operating system hosts an application program programmed to run in a technician mode (see fig. 5 and 8; and par. 57 and 63: system supports modes allowing both users and service personnel to login and perform specialized activities via an interface) such that:
(1) the first network interface is capable of directly pairing with a second network interface of a thermostat connected to a component of an HVAC system (see fig. 5; and par. 42 and 50-52: VR/AR equipment interconnects with mobile device, which interfaces with the control device and/or remote cloud/server control and/or informational devices) and
(2) the display is capable of displaying a Graphical User Interface (GUI) (see fig. 8: GUI interface displaying operational parameters and allowing users to make changes via input options) that enables a technician to
(i) select a setting for the component (see fig. 6 and 8; and par. 3, 17: user can adjust operational settings via the VR/AR interface) and
(ii) send the setting from the application program via the first network interface to the thermostat via the second network interface such that the thermostat operates the component according to the setting (see fig. 8; and par. 44-45, 50 and 55: input from the user interface (e.g., VR/IR) is sent to the mobile device and subsequently to the thermostat, wherein settings are executed based on set determinants).
While NOOR focuses on application within the technician mode as noted above, the art fails to explicitly address interfacing aspects relating to the paring of devices, “wherein the thermostat has a screen and a physical button, such that the first network interface directly pairs with the second network interface based on the physical button being pressed and the screen displaying a first code corresponding to a second code presented in the application program and then selected by the technician”.
The cited EMMONS reference focuses on interfacing and controlling thermostats via a remote device, wherein EMMONS further teaches of a system wherein the thermostat and interfacing devices contain displays and buttons which aid the user in facilitating the secure connection process, wherein a code is presented and confirmed to ensure secure connectivity for subsequent activities (see fig. 7; and par. 35-36, 47-48 and 50).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to employ the use of EMMONS's system of facilitating pairing operations between a thermostat and interfacing device, with NOOR's system of supporting external communication with a thermostat, to provide a secure paring environment for accessing a thermostat and ensuring the device is securely connected during maintenance/system support activities.
Claims 6, 7 and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over NOOR and EMMONS in view of Atchison et al., US Patent Application Publication No. 2018/0031262 (published February 2018, hereinafter ATCHISON).
As per claim 6, NOOR and EMMONS teach of a method of claim 1, wherein the GUI enables the technician to control the thermostat from the mobile computing terminal as the application program runs in the technician mode after the setting is sent from the mobile computing terminal to the thermostat while the first network interface is directly paired with the second network Interface (see above citations). EMMONS further teach of performing testing operations while connected to the thermostat (see par. 24, 31 and 37. However, the references fail to explicitly teach of a method wherein test can be conducted to see how the component is operating based on the setting.
Like NOOR and EMMONS, ATCHISON focuses on a system which allows interactive user/service engagement to manage devices and further configure operational settings. ATCHISON further teaches of a method wherein a primary function in facilitating modifications to the system, is providing the capability of the service to test operations based on changes (see fig. 3 and 8; and par. 16 and 42).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to employ the use of ATCHISON's method of testing system changes, with NOOR’s and EMMONS's method of performing parameter changes, to exam modified system processes and ensure reliable operations as a result of the system changes.
As per claim 7 (Currently Amended), the combination of NOOR, EMMONS and ATCHISON teaches all of the limitations noted in the base claim(s) as outlined above, wherein NOOR further teaches of the method of claim 6, wherein the GUI enables the technician to control the thermostat from the mobile computing terminal by presenting a user input element corresponding to a selection of a terminal for the component of the HVAC system to energize or deenergize and enabling the user input element to be activated or deactivated by the technician (see fig. 6 and 8; and par. 58 and 81-82: users/technicians with pass authorization is capable of accessing service functions of the HVAC interface, and are capable of activating and deactivating various operational capabilities of the thermostat and elements of the system).
As per claim 10, the combination of NOOR, EMMONS and ATCHISON teaches all of the limitations noted in the base claim(s) as outlined above, wherein ATCHISON further teaches of the method of claim 1, wherein the mobile computing terminal has a camera, wherein the application program has the technician mode and a resident mode, wherein the technician mode is accessible to the technician based on the application program receiving a barcode captured from the camera being activated by the application program (see fig. 6 and par. 54: components may contain a QR code, whereby allowing a technician to scan the code and identify elements of the system as well as a means for interfacing with control elements of the system).
As per claim 11-13, the combination of NOOR, EMMONS and ATCHISON teaches all of the limitations noted in the base claim(s) as outlined above, wherein ATCHISON further teaches of the method of claim 10, wherein the barcode is a Quick Response (QR) code, wherein the barcode is disposed or displayed on the thermostat, wherein the barcode is disposed or displayed on a package for the thermostat (see par. 54: system uses ID serial numbers attached to different elements of the system for retrieving information and linking system components, wherein a bar code and/or QR code are employed as a quick scannable element used to capture device information and linking elements).
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hill et al., (US 10,397013, 10,142,122) focus on adding and interfacing with smart devices in a home system, while Gutierrez et al (US 2017/0093822) further focuses on secure connection and interoperability between devices. The referenced prior art focuses on various techniques, systems and operational characteristics relative to pairing, secure connectivity and communication between smart thermostats [and related smart HVAC system devices] and remote interfacing devices.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The applicant is strongly encouraged to contact the examiner if further clarifications are needed with respect to interpretation of currently presented claims and/or cited prior art.
A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for all that it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed were instead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck& Co. v. BiocraftLabs., Inc., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1,215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELVIN BOOKER whose telephone number is (571)272-7827. The examiner can normally be reached on M-F 9am-5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached on (571) 272-4105. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/Kelvin Booker/
Examiner, Art Unit 2119
/MOHAMMAD ALI/Supervisory Patent Examiner, Art Unit 2119