CARRIER CORPORATIONDownload PDFPatent Trials and Appeals BoardSep 2, 20212020004460 (P.T.A.B. Sep. 2, 2021) Copy Citation 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. 15/744,611 01/12/2018 Anis Zribi 82039US02 (U300631US2) 1810 87059 7590 09/02/2021 Cantor Colburn LLP - Carrier 20 Church Street, 22nd Floor Hartford, CT 06103 EXAMINER RUSHING, MARK S ART UNIT PAPER NUMBER 2685 NOTIFICATION DATE DELIVERY MODE 09/02/2021 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): usptopatentmail@cantorcolburn.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte ANIS ZRIBI, TRAVIS SILVER, JONATHON HUGHES, JOHN ANDRES, CHRIS ROVENSTINE, SEAN CURLEY, and MICHAEL L. RICHARDS Appeal 2020-004460 Application 15/744,611 Technology Center 2600 Before MARC S. HOFF, JUSTIN BUSCH, and MICHAEL T. CYGAN, Administrative Patent Judges. CYGAN, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s decision to reject claims 1–4 and 6–17. Appeal Br. 16–18 (Claims App.). Claim 5 has been cancelled, and claims 18–20 have been withdrawn from consideration. Id. at 16 and 18–19. We have jurisdiction under 35 U.S.C. § 6(b). 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies the real party in interest as Carrier Corporation. Appeal Br. 1. Appeal 2020-004460 Application 15/744,611 2 We AFFIRM. CLAIMED SUBJECT MATTER The claimed subject matter generally relates to a safety automation system for an occupiable structure. Spec. ¶ 3. Hazard conditions, such as those related to indications of fire, may be detected and cause action to reduce risk and assist in home evacuation. Id. ¶ 5; Appeal Br. 3. Independent claim 1 is illustrative: 1. A home safety automation system comprising: a computing management system including a computer processor, and a computer readable storage medium configured to run embedded software and cloud server software; a detection device adapted to detect a hazard condition and output an associated hazard condition detected signal to the computing management system; at least one ancillary alert device including lighting configured to accept respective electrical command signals from the computing management system associated with the hazard condition detected signal to assist in home evacuation; and at least one condition deterrence device configured to accept respective electrical command signals from the computing management system associated with the hazard condition detected signal and to control at least one appliance as a result of the detected hazard condition to at least reduce risk presented by the hazard condition and assist in home evacuation, wherein the at least one appliance includes an ingress/egress point of a home, and the at least one condition deterrence device includes a lock configured to at least unlock the ingress/egress point as directed by the computing management system. Appeal Br. 16 (Claims App.). Dependent claims 2–4 and 6–17 each incorporate the limitations of independent claim 1. Id. at 16–18. Appeal 2020-004460 Application 15/744,611 3 REFERENCES Name Reference Date Walker US 7,391,319 B1 June 24, 2008 Fuller et al. (“Fuller”) US 2010/0149708 A1 June 17, 2010 Pillai et al. (“Pillai”) US 2014/0067130 A1 Mar. 6, 2014 Logue et al. (“Logue”) US 2015/0097689 A1 Apr. 9, 2015 Bartlett et al. (“Bartlett”) US 2015/0025659 A1 Jan. 11, 2015 Patrick et al. (“Patrick”) US 2015/0159401 A1 June 11, 2015 Holley et al. (“Holley”) US 2015/0163412 A1 June 11, 2015 Clifton et al. (“Clifton”) US 2015/0316285 A1 Nov. 5, 2015 Huang et al. (“Huang”) US 2016/0191270 A1 June 30, 2016 REJECTIONS Claims 1 and 4 are rejected under 35 U.S.C. § 103 as being obvious over the combination of Logue and Walker. Claims 2 and 3 are rejected under 35 U.S.C. § 103 as being obvious over the combination of Logue, Walker, and Holley. Claims 6 and 7 are rejected under 35 U.S.C. § 103 as being obvious over the combination of Logue, Walker, and Patrick. Claim 9 is rejected under 35 U.S.C. § 103 as being obvious over the combination of Logue, Walker, and Bartlett. Claim 10 is rejected under 35 U.S.C. § 103 as being obvious over the combination of Logue, Walker, Bartlett, and Huang. Appeal 2020-004460 Application 15/744,611 4 Claim 11 is rejected under 35 U.S.C. § 103 as being obvious over the combination of Logue, Walker, and Fuller. Claim 12 is rejected under 35 U.S.C. § 103 as being obvious over the combination of Logue, Walker, and Clifton. Claims 8 and 13–17 are rejected under 35 U.S.C. § 103 as being obvious over the combination of Logue, Walker, and Pillai. OPINION 1. Claims 1–4 The Examiner finds claims 1 and 4 to be taught or suggested by the combination of Logan and Walker, and claims 2 and 3 to be taught or suggested by the combination of Logan, Walker, and Holley. Appellant argues specifically against the teachings of Logan and Walker as applied to claim 1. With respect to claim 1, the Examiner finds Logue to describe a smart-home environment including a plurality of intelligent, multi-sensing, network connected devices that can integrate with a server or cloud- computing system. Final Act. 2. The Examiner finds the collection of network devices, having processors and memory, and integrated with each other and with a cloud-computing system, to teach or suggest the claimed “computing management system including a computer processor, and a computer readable storage medium configured to run embedded software and cloud server software.” Ans. 10. The Examiner further finds Logue to describe a smart hazard detector 104 that detects a hazardous substance or condition, and output a hazard condition signal. Final Act. 2–3. The Examiner further finds Logue to Appeal 2020-004460 Application 15/744,611 5 describe a central server that accepts an electrical command from the smart- home environment of networked devices. Ans. 10. The Examiner finds the detector and server to teach or suggest the claimed “detection device adapted to detect a hazard condition and output an associated hazard condition detected signal to the computing management system . . . [and] at least one condition deterrence device configured to accept respective electrical command signals from the computing management system associated with the hazard condition detected signal.” Final Act. 2–3; Ans. 10. The Examiner further finds Logue to describe lamps powered by wall plugs, and that the smart-home environment turns on lights (e.g., lamps) that indicate exit routes from occupied rooms so as to provide emergency exit lighting. Final Act. 3; Ans. 11. The Examiner finds this to teach or suggest the claimed “ancillary alert device including lighting configured to accept respective electrical command signals from the computing management system associated with the hazard condition detected signal to assist in home evacuation.” Id. The Examiner finds Walker to describe a wireless fire alarm door unlocking system that receives information from a central alarm panel, including a lock configured to at least unlock an ingress/egress point as directed by a computing management system. Final Act. 4; Ans. 11 (citing Walker 2:40–56; 4:4–27). The Examiner finds the combination of Logue and Walker to teach or suggest the claimed control at least one appliance as a result of the detected hazard condition to at least reduce risk presented by the hazard condition and assist in home evacuation, wherein the at least one appliance includes an ingress/egress point of a home, and the at least one condition deterrence device includes a lock Appeal 2020-004460 Application 15/744,611 6 configured to at least unlock the ingress/egress point as directed by the computing management system. Final Act. 4. Appellant first argues that the Examiner finds the central server of Logue to be both the computer management system and the condition deterrence device of claim 1. Appeal Br. 4. Appellant argues that the claim requires these elements to be separate, with the condition determining device receiving command signals from the computing management system. Id. We are not persuaded of error by Appellant’s argument. The Examiner has mapped the claimed “computing management system” and the claimed “condition deterrence device” to different elements in Logue; i.e., the smart-home network of devices having processors and memory, and the central server, respectively. Ans. 10. Appellant has not argued persuasively against these findings. Appellant next argues that the Examiner, by relying on Logue’s description of turning on lights, has not shown the claimed element of an “appliance,” because claim 1 instead refers to lighting as an “ancillary alert device.” Appeal Br. 4. Appellant further argues that Logue does not disclose an appliance as a home ingress/egress point, or a lock as a condition deterrence device. Id. at 5. Appellant contends that Walker describes its lock and its alarm device as receiving commands from different controllers. Id. We are not persuaded of error by Appellant’s argument. Claim 1 requires both the ancillary alert device and the condition deterrence device to accept command signals from the computing management system. The Examiner relies on Logue for teaching the ancillary alert device (lighting), for the sending of signals to an appliance, and for describing the use of smart Appeal 2020-004460 Application 15/744,611 7 door locks. Final Act. 3 (citing Logue ¶ 222 for smart door locks). The Examiner relies on Walker for unlocking door locks on a door; i.e., an appliance as set forth in claim 1, in response to a detected emergency condition. Id. at 4. Thus, the Examiner has relied upon the combination of Logue and Walker to teach the claimed appliance. Ans. 11 (“Together the combination reads on the claim language”). The test for obviousness is “what the combined teachings of the references would have suggested to those of ordinary skill in the art.” In re Keller, 642 F.2d 413, 425 (CCPA 1981). Appellant has not persuasively explained how the combination does not teach or suggest these claim elements. For the foregoing reasons, we are not persuaded the Examiner erred in rejecting claim 1 as obvious over the teachings and suggestions of Logue and Walker. For the same reason, we determine that Appellant has not shown error in the rejection of claim 4, rejected over Logue and Walker, and not argued separately, or in the rejections of claims 2 and 3, dependent from claim 1 and not argued against with particularity by Appellant. Thus, we sustain the Examiner’s rejections of claims 1–4. 2. Claims 6–17 Claims 6–15 follow the same general form as claims 1–4, further specifying “wherein the at least one appliance includes” a particular appliance and details of the condition deterrence device. The further specified appliances/devices include a garage door and motor (claim 6), pet door and actuator (claim 7), curtain and motor (claim 8), appliance gas main and valve (claim 9), gas fireplace and valve (claim 10), appliance electric load center and circuit breaker (claim 11), solar panel and circuit breaker Appeal 2020-004460 Application 15/744,611 8 (claim 12), electrostatic filter and energizing device (claim 13), humidifier and actuating device (claim 14), HVAC system and device communicating with HVAC controller (claim 15). Appeal Br. 17–18. Claim 16 further comprises intelligent air vents, and claim 17 (which was not specifically addressed in the Appeal Brief) further specifies the command signal as a wireless command signal. Id at 18. Appellant has not argued that the combinations of references applied to each individual claim do not teach these appliances and devices, except as to claim 9 (which we address, infra). Appeal Br. 5–14. Rather, Appellant argues that the combinations of references do not teach the claimed door lock and further recited appliances “as deterrence devices that actuate upon a common detected hazard condition.” Id. Further, Appellant argues that each deterrence device (i.e., the lock and the further appliance), receive separate command signals from a common computing management system. Id. at 6. We are not persuaded of error by Appellant’s arguments. The Examiner has combined the teachings of the additional references in such a manner as to provide additional capability to the system taught by the combination of Logue and Walker. For example, the Examiner addresses the additional garage door and motor limitations of claim 6 with the teachings of integrated garage door lock and motor devices, such that additional ingress/egress is automatically provided to allow occupants to leave, or firefighters to enter. Final Act. 6. We determine that provision of multiple additional functionalities is consistent with the teachings of Logue. For example, Logue discusses multiple device actuations based on a detection of a room being occupied, such as controlling supply of power to Appeal 2020-004460 Application 15/744,611 9 wall plugs, controlling the power or speed of a ceiling fan, employing “one or more” service robots to play music or purify air. Logue ¶¶ 44, 60. Therefore, we find the Examiner’s combinations providing simultaneous activation of multiple appliances to be consistent with Logue’s system, and consistent with the Examiner’s stated advantages of providing additional functionalities responsive to a detected hazard condition. We turn to Appellant’s specific argument against claim 9, which adds the limitation wherein the at least one appliance includes an appliance gas main, and the condition deterrence device includes an actuated valve to shut off the gas main. Appeal Br. 17. Appellant argues that the applied Bartlett reference refers to “electrically shutting off a toaster oven, that in-turn causes the toaster oven to shut down normally and/or shut off ‘the source of natural gas.’” and not to a gas valve. Id. at 7. We are not persuaded of error by Appellant’s argument. Bartlett describes a “first input can be from a gas sensor that can detect pre- and post-combustion natural gas,” and that if a level of pre-combustion natural gas is detected to be elevated at the same time a toaster is detected to be on, action can be taken to turn off the toaster and shut off the source of the natural gas. Bartlett ¶ 22. Bartlett thus discloses two actions being taken, one of which is to shut off the source of gas, and not simply an electrical action that “in-turn” results in the shutting off of gas, as argued by Appellant. Consequently, we are not persuaded by Appellant’s argument. Accordingly, we are not persuaded of error in the Examiner’s rejections of claims 6–17. Appeal 2020-004460 Application 15/744,611 10 CONCLUSION For the above-described reasons, we affirm the Examiner’s obviousness rejections of claims 1–4 and 6–17 over the applied art, as summarized below. DECISION SUMMARY In summary: Claim(s) Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1, 4 103 Logue, Walker 1, 4 2, 3 103 Logue, Walker, Holley 2, 3 6, 7 103 Logue, Walker, Patrick 6, 7 9 103 Logue, Walker, Bartlett 9 10 103 Logue, Walker, Bartlett, Huang 10 11 103 Logue, Walker, Fuller 11 12 103 Logue, Walker, Clifton 12 8, 13–17 103 Logue, Walker, Pillai 8, 13–17 Overall Outcome 1–4, 6–17 TIME PERIOD FOR RESPONSE No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.136(a)(1)(iv) (2019). AFFIRMED Copy with citationCopy as parenthetical citation