Ex Parte Lin et al

Patent Trial and Appeal Board

Sep 14, 2016

12856773 (P.T.A.B. Sep. 14, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
12/856,773 08/27/2010
130686 7590
McGarry Bair PC
32 Market A venue, SW
Suite 500
Grand Rapids, MI 49503
09/20/2016
FIRST NAMED INVENTOR
Andy Lin
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
72312-0093 2809
EXAMINER
NORMAN, MARC E
ART UNIT PAPER NUMBER
3744
NOTIFICATION DATE DELIVERY MODE
09/20/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
patents@mcgarrybair.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte ANDY LIN, ERICH SCHROEDER, and NICOLE MOODY
Appeal2014-009459
Application 12/856,773
Technology Center 3700
Before EDWARD A. BROWN, LYNNE H. BROWNE, and
AMANDA F. WIEKER, Administrative Patent Judges.
BROWN, Administrative Patent Judge.
DECISION ON APPEAL
STATEivIENT OF THE CASE
Andy Lin et al. (Appellants) appeal under 35 U.S.C. § 134(a) from the
Examiner's decision rejecting claims 1-10. We have jurisdiction under 35
U.S.C. § 6(b).
We AFFIRM.
CLAIMED SUBJECT MATTER
Claims 1, 4, 6, and 8 are independent. Claim 1, reproduced below,
illustrates the claimed subject matter:
1. A programmable thermostat for controlling space
conditioning equipment comprising:
a temperature sensor;
Appeal2014-009459
Application 12/856,773
a display panel;
a clock;
a processor;
memory coupled to said processor for receiving a
schedule program set for at least one of a heating and cooling
mode, said schedule program set defined by a plurality of
schedule time periods, each schedule time period having a
temperature setting for at least one of a heating and cooling
mode and a time value set including a start time value and an
end time value;
said processor enabling the manual entry of at least one
said time value set for at least one said schedule time period,
said processor automatically entering at least one said time
value set for another schedule time period in response to the
manual entry of the at least one said time value set of said
schedule time period.
Appeal Br. 17 (Claims App.).
REJECTION
Claims 1-10 are rejected under 35 U.S.C. § 102(b) as anticipated by
Barker (US 4,460, 125, issued July 17, 1984 ).
ANALYSIS
Claims 1-3
The Examiner finds that Barker teaches a programmable thermostat
including switches labeled "SET TIME 1" and "RESET TIME 1," used to
control, respectively, the time within a 24-hour period at which the control
unit first ceases to maintain the normal room temperature and begins to
maintain an "offset or setback temperature" for a prescribed operating
period, and the time at the termination of the offset period at which control
reverts to the normal room temperature. Final Act. 2 (citing Barker, Fig. 2).
The Examiner also finds that Barker teaches that the control unit can
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Application 12/856,773
maintain the setback temperature throughout discontinuous periods of a 24-
hour day. Id. at 2-3. Particularly, the Examiner finds that Barker's
programmable thermostat additionally includes switches labeled "SET
TIME 2" and "RESET TIME 2," which are used to designate a second
commencement and cessation of maintenance of the setback temperature by
the control unit within a 24-hour period. Id. at 2-3; see also Barker, Fig. 2.
Appellants contend that Barker does not disclose all limitations of
claim 1. Br. 7. First, Appellants contend that Barker does not disclose the
limitation of "each schedule time period having a temperature setting for at
least one of a heating and cooling mode and a time value set including a start
time value and an end time value." Id. Appellants assert that, in Barker, the
thermostat "normal" operation does not have an associated time value, and
the thermostat will run 24 hours a day at the normal set temperature unless a
"SET TIME" offset time period is activated. Id. Thus, Appellants contend,
in Barker, "not all schedule time periods have a start and end value,
[specifically,] the normal time period running 24 hours a day does not have a
start or end value at all." Id.
Second, Appellants contend that Barker does not disclose the claim
limitation of"[ said processor] automatically entering at least one said time
value set for another schedule time period in response to the manual entry of
the at least one said time value set of said schedule time period." Br. 7-8.
According to Appellants, "[t]he entering of a time value into SET TIME 1 or
SET TIME 2 does not automatically enter a time start or end value
associated with the normal time." Id. at 8.
Appellants' contentions are not persuasive. The Examiner provides
the following example that demonstrates how Barker's thermostat performs
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Application 12/856,773
the claimed limitations through operation of the "SET TIME" and "RESET
TIME" switches, slide switch 17, and keyboard 16:
For example, user selects "SET TIME" at 9AM and "RESET
TIME" at 5PM, the device automatically enter another time value
from 5PM to 9 AM. Therefore, [Barker] ( 1) shows the each
schedule time period is associated with a start and end time value
(first time period 9AM-5PM and second time period 5PM-
9AM), and (2) that it automatically enters a time value set for one
schedule time period when one manually changes the time value
set for another schedule time period (the second time period
automatically entered after the first time period entered).
Ans. 4--5.
Appellants' Specification describes that by entering (setting)
the start time and end time for the "Away" and "Asleep" schedule
time periods, the remaining unassigned time period( s) of the complete
day are automatically assigned to "At home." See Spec. 9, 1. 20-10, 1.
12. If the "Away" and/or "Asleep" time period is/are then changed,
the "At home" period(s) is/are changed automatically.
In Barker, the thermostat likewise operates according to a 24 hour
period or 24 hour day. See, e.g., Barker, col. 5, 11. 23-39. Manually entering
SET TIME 1 and RESET TIME 1 time values automatically establishes the
normal room temperature time period. The time period, or "time value set,"
of the normal room temperature time period would be the remaining time of
the 24-hour period (complete day). The normal room temperature time
period would include a start time setting (corresponding to RESET TIME 1)
and an end time setting (corresponding to SET TIME 1 ).
Moreover, even assuming that, prior to manually entering the SET
TIME 1 and RESET TIME 1 time values, Barker's normal room
temperature operation does not have a "schedule time period" including a
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Application 12/856,773
start time value and an end time value, Barker additionally discloses that the
SET TIME 1 and RESET TIME 1 time values can be changed manually.
See, e.g., Barker, col. 11, 11. 30-42, 46-57. Changing the SET TIME 1
and/or RESET TIME 1 time value(s) (i.e., previously-set, current value(s))
would automatically enter (change) the current time value set of the normal
room temperature time period. This additional disclosure in Barker further
supports the Examiner's position for claim 1.
Accordingly, we sustain the rejection of claim 1 and dependent claims
2 and 3 as anticipated by Barker.
Claims 4 and 5
Claim 4 recites, inter alia, first, second, and third schedule time
periods, and "said processor automatically enters a time value into memory
for said third time value set in response to the manual entry of a time value
into memory for either said first time value set or said second time value
set." Br. 19 (Claims App.).
For claim 4, the Examiner references Barker's disclosure of switches
labeled "SET TIME 2" and "RESET TIME 2" to designate, respectively, a
second start time and end time of the normal room temperature time period.
Br. 5---6. The Examiner provides the following example to demonstrate that
Barker's thermostat meets the claim limitations:
For example, user selects "SET TIME l" at 9AM and "RESET
TIME l" at 5PM, and selects "SET TIME 2" at 5PM and "RESET
TIME 2" at 1 OPM, the device automatically enter another time
value from lOPM to 9 AM. Therefore, [Barker] (1) shows the
each schedule time period is associated with a start and end time
value (first time period 9AM-5PM, second time period 5PM-
10PM and third time period 10PM-9AM), and (2) that it
automatically enters a time value set for one schedule time period
when one manually changes the time value set for another
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Application 12/856,773
Id.
schedule time period (the third time period automatically entered
after the first and second time periods entered).
Barker additionally discloses that, like the SET TIME 1 and RESET
TIME 1 time values, the SET TIME 2 and RESET TIME 2 time values can
also be changed manually. See, e.g., Barker, col. 12, 11. 3-23. Changing the
SET TIME 2 and/or RESET TIME 2 time value(s) would automatically
enter (change) the current time value set of the normal room temperature
time period. This additional disclosure in Barker further supports the
Examiner's position in regard to claim 4.
Appellants' contentions for claim 4 are similar to those for claim 1.
Br. 8-11. Accordingly, these contentions are not persuasive for reasons
similar to those discussed for claim 1. Thus, we sustain the rejection of
claim 4 and dependent claim 5 as anticipated by Barker.
Claims 6 and 7
Claim 6 recites, inter alia, first, second, and third schedule time
periods; "said third schedule time period including a third start time setting,
a third end time setting, a fourth start time setting, and a fourth end time
setting" (emphasis added); and
said processor automatically enters a value into memory for
either said third start time setting, said third end time setting, said
fourth start time setting, or said fourth end time setting in
response to the manual entry of a value into memory for either
said first start time setting, said first end time setting, said second
start time setting, or said second end time setting.
Br. 19-20 (Claims App.).
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For claim 6, the Examiner references Barker's switches labeled
"SET TIME 2" and "RESET TIME 2," and provides the following example
that demonstrate how Barker's thermostat meets the claimed limitations:
For example, user selects "SET TIME l" at 9AM and "RESET
TIME l" at 3PM, and selects "SET TIME 2" at 7PM and "RESET
TIME 2" at 1 OPM, the device automatically enter the third time
period 3PM-7PM and the fourth time value 10PM-9AM.
Therefore, [Barker] (1) shows the each schedule time period is
associated with a start and end time value (first time period
9AM-3PM, second time period 7PM-10PM, third time period
3PM-7PM and fourth time period 10PM-9AM), and (2) that it
automatically enters a time value set for one schedule time period
when one manually changes the time value set for another
schedule time period (the third and fourth time periods
automatically entered after the first and second time periods
entered).
Ans. 6-7. The Examiner's position is that the two normal room temperature
time periods, automatically entered in response to the manual entry of "SET
TIME 1 " "RESET TIME 1 " "SET TIME 2 " and "RESET TIME 2 "
' ' ' '
correspond to the two time periods of the third schedule time period. Id.
Appellants' contentions for claim 6 are similar to those for claims 1
and 4. Br. 11-14. These contentions are not persuasive for reasons similar
to those discussed for claim 1. Thus, we sustain the rejection of claim 6 and
dependent claim 7 as anticipated by Barker.
Claims 8-10
Claim 8 recites first, second, and third schedule time periods, and
said processor automatically creates two third sub-schedule
time periods associated with said third schedule time period
upon entry into memory of a time value associated with said
second start time setting which is spaced in time from the time
value associated with said first time setting or upon entry into
memory of a time value associated with said second end time
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setting which is spaced in time from the time value associated
with said first time setting.
Br. 21 (Claims App.) (emphasis added).
For claim 8, the Examiner provides an example that demonstrates how
Barker's thermostat meets the claimed limitations. Ans. 7-8. The
Examiner's position is that the two normal room temperature time periods,
automatically entered in response to the manual entry of "SET TIME 1,"
"RESET TIME 1 " "SET TIME 2 " and "RESET TIME 2 " correspond to
' ' '
the claimed "third sub-schedule time periods." Id.
Appellants' contentions for claim 8 are similar to those for claims 1
and 6. Br. 14--16. These contentions are not persuasive for reasons similar
to those discussed for claims 1 and 6. Thus, we sustain the rejection of
claim 8 and dependent claims 9 and 10 as anticipated by Barker.
DECISION
We affirm the Examiner's decision to reject claims 1-10.
No time period for taking any subsequent action in connection with
this appeal may be extended according to 37 C.F.R. § 1.136(a)(l )(iv).
AFFIRMED
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