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            COMMISSIONER'S DECISION

 

OBVIOUSNESS:      Electronic Temperature Control

 

An electronic arrangement for automatically changing and controlling the

ambient temperature in a building does obtain results different from the

results that may be achieved by the cited art and is considered patentable.

      Final Action Reversed.

                 **************

 

Patent application 292,964 (Class 342-19.6) was filed on December 13, 1977

for an invention entitled ELECTRONIC TEMPERATURE CONTROL. The inventor is

David V. Reid. The Examiner in charge of the application issued a Final

Action on March 23, 1983 refusing to allow the application to proceed to

patent. The inventor attended the Hearing on July 18, 1984, and was

represented by his patent agent, Mr. T.S. Johnson.

 

The subject matter of this application relates to an electronic device

for automatically changing and controlling the ambient temperature in a

building. Figure 1 reproduced below, shows the arrangement.

 

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The main components include timing devices, a memory component to store

predetermined times and functions, temperature set components, a tempera-

ture sensor, and a comparator unit. By means of these components and the

interconnecting circuitry, signals are matched from the time keeping

devices with those in the memory component to select a particular

temperature set which then sends signals to the comparator, which compares

them with signals from the temperature sensor, and an appropriate signal

is obtained to effect the desired heating or cooling.

 

In the Final Action the Examiner rejected the application for lack of

invention in view of United States patent

 

      3,903,515         Sept. 2, 1975     Haydon et al

 

This patent is directed to a method and apparatus for controlling predetermined

functions at predetermined times, among them heating and air conditioning

systems.

 

The Examiner refused the application for lacking invention in view of the

Haydon patent, and in view of common general knowledge and structure known

in the art. He views Haydon as designed to control any kind of variables

or functions. Concerning Applicant's feature of comparing the building

temperatures with predetermined temperatures, the Examiner compares this

to a home thermostat.

 

In his response, Applicant maintains there is no indication in the Haydon

patent of how to control both heating and cooling means with a single tempera-

ture sensor. He says the Haydon system is concerned with operating a

specific function at a specific time and that it would turn the heating

or cooling system on or off at a specific time regardless of the desired

temperature in the building. Applicant refers to his system as controlling a

building temperature at one level during one period of the day and another

level during another period, and in his response submitted a claim for

consideration. At the Hearing he presented another claim which he feels better

defines his features.

 

The issue before the Board is whether or not there is patentable subject

matter in the application in view of the cited art. We will consider the claim

presented at the Hearing, which reads:

 

   An electronic device for monitoring ambient temperature in a

building and for automatically and continuously operating

temperature controlling means to prevent the ambient temper-

ature from moving from a first temperature to a second

temperature during one selected period of a day and to

allow the ambient temperature to move under control to

such second temperature during another selected period of

the day, said device comprising electronic timekeeping means

for keeping time throughout the day, memory means for storing

at least two times of the day which determine such one and

another selected periods of the day, temperature setting means

for setting the first and second temperatures, electronic

selector means for selecting which of the first and second

temperatures determines the ambient temperature, means for compar-

ing the time from said timekeeping means with time stored in said

memory means and electronically activating the selector means to

select the first and second temperatures, temperature sensing

means for sensing the ambient temperature and electronic

comparator means for comparing the temperature sensed by said

temperature sensing means with the first temperature at the one

period of the day and to activate the temperature controlling

means only when the ambient temperature is between the first

and second temperatures to cause the ambient temperature to

move generally to the first temperature at such one period of

the day, and for comparing the temperature sensed with the

second temperature at the other period of the day and to

operate the temperature controlling means to allow the ambient

temperature to move to such second temperature without going

substantially therebeyond at such other period of the day.

 

At the Hearing Mr. Johnson emphasized the continuously operating temperature

controlling feature of Applicant's device. He referred to the Haydon reference

noting that it only provides for turning devices on or off for selected periods,

whereas Applicant provides a temperature means responsive to prevent an inside

ambient temperature moving from a first temperature to a second temperature

during one period of a day, and to allow the ambient temperature to move

under control to a second temperature without going substantially therebe-

yond at another period of the day. Mr. Reid presented a sample of his device

which he said included elements responding to two different temperatures to

obtain the operation he disclosed. He submitted two affidavits attesting to

the operability of his device. In these he refers to discussions between

himself and a company which did not accept that his device would obtain the

results, and he swears his invention would not have been obvious to one skilled

in the art.

 

The Examiner observed that Applicant's claim does not read on the Haydon patent,

and after looking at the sample felt that the device would function. He noted

however he was not sure the disclosure was sufficient. It was pointed out by

the Board that no objection to the disclosure was made in the Final Action. It

was further noted that in a previous Commissioner's Decision taken on this

application, it was found the disclosure was sufficient to enable a person

skilled in the art to obtain various elements to assemble Applicant's device.

The Examiner recognizes that so long as there is a proper disclosure, then the

claim is satisfactory when compared with the drawing.

 

It is useful at this point to recall that the disclosure, claims and drawings

of an application together form the specification. Section 36 of the Act lays

out the requirements of the disclosure and claims, and Section 39 pertains to

the drawings. The significance of the role each of the parts plays in a

specification is found in Western Electric Co, v Baldwin International Radio of

Canada 1934 SCR 570 at 579 and Consolboard Inc. v MacMillan Bloedel (Sask.)

Ltd. (1981) 1 S.C.R.p.504. Therefore, if by comparison of the words and the

drawings the subject matter is understandable, then the specification should be

acceptable.

 

Mr. Reid commented there were many ways of assembling his structure, for example using

digital or analog elements. He argued that he felt his diagram shows how to

link his comparator into his circuit, and his specification describes how to

derive benefits from his temperature settings including home and away con-

ditions. We note too, the Examiner remarked at the Hearing that a bit of

hindsight would be needed to arrange a thermostat having two settings into

a device similar to Applicant's structure. He noted further a person skilled

in the art knows of options available and their drawbacks.

 

We find no difficulty in understanding the claim when considered with the

disclosure and the drawings. In our opinion Applicant has presented a

combination of elements which obtains results different from the

results that may be achieved by the Haydon patent and which may not fairly

be said to be encompassed by Haydon. We would agree that Applicant's device is

directed to an advance in the art in view of the sample of the device and

the arguments presented at the Hearing, and the affidavits submitted subsequent-

ly thereto.

 

We recommend that the rejection of the application for lacking invention be

withdrawn and that the claim presented at the Hearing be accepted, and the

application returned for prosecution consistent with our findings.

 

A. McDonough                  M.G. Brown        S.D. Kot

Chairman                      Assistant Chairman      Member

Patent Appeal Board

 

I concur with the findings and the recommendation of the Patent Appeal Board.

Accordingly, I am remanding the application for prosecution consistent with

my decision.

 

J.H.A. Gari‚py

Commissioner of Patents

 

Dated in Hull, Qu‚bec

 

this 6th. day of May, 1985

 

Agent for Applicant

 

D.S. Johnson, Q.C.

133 Richmond St. W.

Toronto, Ont.

M5H 2L7

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