United States Green Building Council (USGBC)

Patent Trials and Appeals Board

Dec 1, 2021

2021001757 (P.T.A.B. Dec. 1, 2021)

UNITED STATES PATENT AND TRADEMARK OFFICE
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
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
14/213,990 03/14/2014 Scot Horst P USGBC 105 8780
62169 7590 12/01/2021
WOODS PATENT LAW, P.C.
15 Tres Vidas Ridge
Placitas, NM 87043-8624
EXAMINER
SANTOS-DIAZ, MARIA C
ART UNIT PAPER NUMBER
3689
MAIL DATE DELIVERY MODE
12/01/2021 PAPER
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.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

Ex parte SCOT HORST, MAHESH RAMANUJAM, DHRUV GAMI,
and S. RICHARD FEDRIZZI
____________

Appeal 2021–001757
Application 14/213,990
Technology Center 3600
____________

Before MURRIEL E. CRAWFORD, JOSEPH A. FISCHETTI, and
AMEE A. SHAH, Administrative Patent Judges.

CRAWFORD, Administrative Patent Judge.

DECISION ON APPEAL

STATEMENT OF THE CASE
Appellant seeks our review under 35 U.S.C. § 134 of the Examiner’s final
rejection of claims 17–27. We have jurisdiction under 35 U.S.C. § 6(b).

SUMMARY OF DECISION
We REVERSE.
THE INVENTION
Appellant claims systems, devices, components and methods for
dynamically displaying performance scores associated with the performance of a
building or structure. (Spec. 3, Title).
Appeal 2021–001757
Application 14/213,990

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Claim 17 is representative of the subject matter on appeal.
17. A building performance scoring system, comprising:
a central web server (“CWS”) configured to operate in conjunction
with a remote device configured to display at least one of building or
structure performance data and building or structure performance
scores associated with such data, the data and scores corresponding to
a predetermined building or structure within which the device is
mounted, with which the device is associated, or to which the device
is operably connected, the CWS comprising means for storing the
building performance data and the building performance scores
associated with the predetermined building or structure, means for
updating or calculating the building performance data and building
performance scores associated with the predetermined building or
structure, and means for transferring at least one of the updated or
calculated building performance data and the updated or calculated
building performance scores to the device via the internet in response
to an authorized request generated by the remote device and
communicated to the CWS via the internet;
the remote device comprising at least one processor, first
storage means for storing at least one of the building or structure
performance data and the building or structure performance scores,
the first storage means being operably connected to or included in the
processor, second storage means for storing display programming
instructions corresponding to at least one of the building or structure
performance data and the building or structure performance scores,
the second storage means being operably connected to or included in
the processor, and a display operably connected to the processor, one
of the first and second storage means being pre-loaded with one or
more authorization codes that permit at least partial access to the
CWS and at least one of the performance data and the performance
scores calculated by or stored in the CWS, the remote device being
configured to send the request for at least one of the performance data
and the performance scores via the internet from a dynamic plaque or
dashboard to the CWS;
wherein: (a) the performance data or performance scores
comprise at least three of water data or scores, energy data or scores,
human experience data or scores, transportation data or scores, and
waste data or scores, (b) the device, including the processor, the first
Appeal 2021–001757
Application 14/213,990

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storage means, the second storage means, and the display thereof, are
configured to visually show on the display at least the performance
scores; (c) the CWS is configured to authorize the validity of the
request from the device before permitting the building performance
data and the building performance scores to be transferred to the
device in response to the request; (d) the CWS is configured to
perform a benchmark analysis to generate benchmark data using
anonymous data from buildings or structures similar to the
predetermined building or structure; (e) the CWS is configured to
calculate the building performance scores corresponding to the
predetermined building or structure using the benchmark data, and (f)
the CWS is further configured to send the updated or calculated
building performance scores to the remote device.
(Appeal Br. 59)
THE REJECTION
Claims 17–27 are rejected under 35 U.S.C. § 103 as being unpatentable by
Silverman (US 2013/0035992 A1, pub. Feb. 7, 2013) in view of Mclean
(US 2010/0332044 A1, pub. Dec. 30, 2010).1
ANALYSIS
We will not sustain this rejection because we agree with Appellant that the
prior art does not disclose, “the CWS is configured to perform a benchmark
analysis to generate benchmark data using anonymous data from buildings or
structures similar to the predetermined building or structure” as required by
claim 17. (Appeal Br. 54).
The Examiner relies on paragraphs 40 and 43 of McLean for teaching this
subject matter. (Final Act. 16).
We find that paragraph 40 of McLean discloses that a building energy index
module can be configured to determine a building energy index for a particular

1 The rejections under 35 U.S.C. §§ 101 and 112 have been withdrawn.
(Ans. 4–5).
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building based on multiple inputs such as energy data. The energy data includes a
climate energy index and non–space conditioning benchmark data. This
benchmark data can be normalized to reflect the same occupancy hours as the
building being assessed so that the building energy index can be directly compared
to the building simulated or measured data. There is no discussion in this
paragraph regarding anonymous data from buildings or structures that are similar
to the predetermined building or structure.
We find that paragraph 43 of McLean discloses that at step 315, which is
depicted in Figure 3, the building change factor can be determined. In step 320 the
climate energy index is multiplied by the air change factor divided by the floor
area. In step 330, the building auxiliary data benchmark energy figures can be
found. In step 340, the building energy figures can be normalized for the actual
occupancy hours in the target building. There is no discussion in this paragraph
regarding anonymous data from buildings or structures that are similar to the
predetermined building or structure.
In view of the foregoing, we will not sustain the Examiner’s rejection of
claim 17 and claims 18–27 dependent therefrom.

CONCLUSIONS OF LAW
We conclude the Examiner did err in rejecting claims 17–27 under 35 U.S.C.
§ 103.

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DECISION
Claims
Rejected
35 U.S.C.
§
Reference(s)/Basis Affirmed Reversed
17–27 103 Silverman,
McLean
17–27
Overall
Outcome
17–27

REVERSED