EXHIBIT B-25
`EXHIBIT B-25
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`EcoFactor, Inc.
`Exhibit 2003
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`IPR2021-00054
`Page 1 of 17
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`EcoFactor, Inc.
`Exhibit 2003
`IPR2021-00054
`Page 1 of 17
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`

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`Exhibit B-25
`
`Invalidity Contentions: U.S. Patent No. 10,534,382
`
`W.D. Tex., Case Nos. 6:20-cv-00075-ADA, 6:20-cv-00078, 6:20-cv-000801
`
`REPRESENTATIVE CLAIM LIMITATION: “the one or more processors with circuitry and code designed to execute instructions to determine
`whether the building is occupied or unoccupied, and based on that determination, to control the HVAC system to provide heating or cooling to the
`building at an operational temperature”
`ASSERTED CLAIMS: This limitation is present in the following Asserted Claims: ’382 patent claims 1-16, 19.
`DISCLOSURE: To the extent Plaintiff alleges that any anticipatory reference identified in Exhibit A does not disclose any portion of the above
`limitation, the following exemplary pincites show that those allegedly missing portions would have been obvious to one of ordinary skill in the art at
`the time the alleged invention was made in light of the prior art references identified in the table below. Moreover, it would have been obvious to
`combine any anticipatory reference identified in Exhibit A with any one or more of the following references for at least the reasons explained in the
`cover document of Defendants’ Invalidity Contentions or as identified herein. All emphasis added unless otherwise indicated.
`
`Reference
`
`Disclosure*
`
`enabling
`response
`“Demand
`technology development” (“Arens”)
`
`Arens discloses “the one or more processors with circuitry and code designed to execute instructions to
`determine whether the building is occupied or unoccupied, and based on that determination, to control the
`HVAC system to provide heating or cooling to the building at an operational temperature.”
`
`“The sensors currently implemented include…
`• Motion – used to determine occupancy of various spaces. Also used to preserve power on the signal light
`units (see Actuators, below). It uses a passive infrared motion sensor to detect changes in infrared
`radiation when there is movement by an object with a temperature different than the surroundings (see
`Appendix B).”
`
`
`
`
`1 These contentions are being served by defendants in the following actions: EcoFactor, Inc. v. Google LLC, No. 6:20-cv-00075-ADA; EcoFactor, Inc. v. Ecobee, Inc., No. 6:20-cv-00078-ADA; and
`EcoFactor, Inc. v. Vivint, Inc., No. 6:20-cv-00080-ADA.
`*To the extent that these Invalidity Contentions rely on or otherwise embody particular constructions of terms or phrase in the Asserted Claims, Defendants are not proposing any such contentions as
`proper constructions of those terms or phrases. Various positions put forth in this document are predicated on Plaintiff’s incorrectly and overly broad interpretation of the claims as evidenced by its
`Infringement Contentions provided to Defendants. Those positions are not intended to and do not necessarily reflect Defendants’ interpretation of the true and proper scope of Plaintiff’s claims, and
`Defendants reserve the right to adopt claim construction positions that differ from or even conflict with various positions put forth in this document.
`
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`EcoFactor, Inc.
`Exhibit 2003
`IPR2021-00054
`Page 2 of 17
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`Reference
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`Disclosure*
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`Arens at p. 11.
`“The data we want to save are:
`- Input from real sensors:
`
`o Temperature measurement of all the different areas
`
`o On/Off status of all the appliances
`
`o Consumption of all the appliances
`o Occupancy of all the areas
`
`o Weather station: anemometer, pyranometer (both global and diffuse radiation)”
`
`
`
`Arens at p. 68.
`
`“For the 2005 test house, we used Moteiv T-mote Sky motes. The final implementation at the house included
`two motes with just temperature sensors, six motes with temperature and occupancy sensors (one included
`relative humidity), one mote with whole house power sensing at the breaker box, one mote outside with
`temperature and relative humidity sensors, one mote with solar radiation and wind speed and direction sensors,
`one repeater mote, and one base mote.”
`
`Arens at p. 75.
`“Another potential source of information towards better HVAC control and comfort is learning occupancy
`patterns. The system records the activity pattern of occupants in order to study whether such activity patterns
`can inform the controller and lead to reduced energy consumption. Most houses have one zone, but multiple
`sensors may allow for a multi-zone sensing strategy where the HVAC system is only activated if the
`occupied zone is too hot or cold.”
`
`Arens at p. 10.
`
`2
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`Reference
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`Disclosure*
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`“Coupled with the broader control functionality, there is a need for much more information via sensing. It is
`useful to know temperatures throughout the house, outside weather conditions, occupancy, appliance use, and
`power consumption. These combine to allow for more targeted control and to be able to deliver predictable
`behavior and energy cost to the occupants. The system we are designing is thus far more information-rich than
`current thermostats and has extended command capability.”
`
`Arens at p. 8.
`
`“A demand responsive system must be able to operate autonomously in response to price or other demand-
`related signals received from the electrical grid operator. To do that, the system must be capable of very
`abstract decision making, such as determining the best cost vs. comfort tradeoff for current conditions, to the
`very physical, such as turning an air conditioner on or off. At its most basic level, the system must be able
`to provide HVAC (heat, A/C, fan) control equivalent to current systems. It does that by gathering temperature
`information from motes equipped with temperature sensors and sending appropriate actuation signals to the
`mote that is connected to the HVAC system.
`
`The controller’s major functions are:
`
`• Receive and process information from sensors
`
`• Send actuation signals
`• Control existing HVAC system
`
`• Control other household equipment
`
`• Learn physical characteristics of house from sensor information
`• Manage time-of-day profiles (mainly temperature setpoints that follow the
`adaptive comfort model (deDear and Brager, 2001)
`
`• Display system status to occupants
`
`• Obtain command signals and overrides from occupants
`
`3
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`• Learn the preferences and patterns of the occupants
`
`• Receive and display price information from the utility
`• Optimize comfort vs. cost based on price and weather information
`
`• Manage power usage based on occupant-provided monthly price cap
`… Another potential source of information towards better HVAC control and comfort is learning occupancy
`patterns. The system records the activity pattern of occupants in order to study whether such activity patterns
`can inform the controller and lead to reduced energy consumption. Most houses have one zone, but multiple
`sensors may allow for a multi-zone sensing strategy where the HVAC system is only activated if the
`occupied zone is too hot or cold.”
`
`Arens at pp. 9-10.
`
`U.S. Patent No. 2004/0117330
`(“Ehlers”)
`
`Ehlers discloses “the one or more processors with circuitry and code designed to execute instructions to
`determine whether the building is occupied or unoccupied, and based on that determination, to control the
`HVAC system to provide heating or cooling to the building at an operational temperature.”
`
`“In another aspect of the present invention, the system 3.08 allows one or more occupancy modes to be defined
`and/or modified and/or utilized by the user. The use of different occupancy modes would assist in achieving a
`reduced level of demand on the energy delivery system as well as reduce the total cost of operation site 1.04.
`In one embodiment, the occupancy modes may be defined or modified through the user interface 1.14 (see
`below) and activated through the thermostat 1.30D and/or the user interface 1.14. Examples of possible
`occupancy modes include: home, away, weekend, weekday, holiday. Specific modes may also be defined for
`different users.”
`
`Ehlers at [0244].
`
`“Additional two-way communicating sensors will also improve the operational capabilities of the
`system 3.08 by providing additional input data. Occupancy sensors as an example would provide the
`system 3.08 with knowledge of if there were people present in the site 1.04. The system 3.08 is capable of
`receiving authorization from any authorized entity to perform items like ramping, set point modifications or
`dehumidification differently depending on the presence or absence of the occupant. If unoccupied, the
`system 3.08 can be directed to take more savings related actions and defer comfort control options. This ability
`
`4
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`EcoFactor, Inc.
`Exhibit 2003
`IPR2021-00054
`Page 5 of 17
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`Reference
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`Disclosure*
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`increases its ability to deliver savings and reduce demand on the supply chain without affecting the occupants'
`level of comfort.”
`
`Ehlers at [0266].
`
`U.S. Patent App. Pub. No.
`2005/0171645 (“Oswald”)
`
`Oswald discloses “the one or more processors with circuitry and code designed to execute instructions to
`determine whether the building is occupied or unoccupied, and based on that determination, to control the
`HVAC system to provide heating or cooling to the building at an operational temperature.”
`
`“Instantaneous Behaviour Analysis
`
`In addition to building a model of the historical behaviour of the occupants of the house, the system can detect
`the instantaneous behaviour at any one instant and this can be used to modify the energy control parameters.
`
`Appliances are generally turned on when an occupant of the house presses a switch. The system can use this
`to determine what activity is taking place within the house. At any one instant in time the behaviour model
`can probably deduce how many occupants are in the house, where they are and a rough idea of what they
`are doing. This could be used to control the temperature of the room the occupants are in. Other rooms could
`be heated to a lower temperature (if individual room temperature control is available) . . .
`The single central sensor system can alter the control temperature of the house if the householder is obviously
`active or has gone out. The activity level of the householder can be inferred from the appliances detected
`within the house. For example, if the householder is using the vacuum cleaner the system might decide to
`reduce the control temperature within the house until the cleaning has stopped. A reduction in temperature can
`both reduce the energy consumed by the house and also make the environment more comfortable for the
`householder whilst they are exercising with the vacuum cleaner. On the other hand, if the system knows that
`only one person lives in the house and has noticed that the TV is switched on, it may be reasonable to deduce
`that the householder is static and a slight increase in house temperature would be more comfortable. If two
`people are in the house then a gated logic decision is required in the control functions to ensure the warmest
`state is chosen (e.g. the temperature is warmed for a static person even if other one is using the vacuum
`cleaner)[.]
`Alternatively, if the burglar alarm is set, then the system can deduce that all occupants of the house are
`out and lower the house temperature. A special transponder could be included in the burglar alarm to
`communicate directly with the single central sensor to inform it that the alarm is set and all occupants are out
`of the house.
`
`5
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`EcoFactor, Inc.
`Exhibit 2003
`IPR2021-00054
`Page 6 of 17
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`Reference
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`Disclosure*
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`The position and movement of the householder can be noted from the householder's mobile phone and the
`location detected by the phone network. If the wider system includes access to the mobile phone network then
`the distance of the householder from their home can be determined and if the householder is far away then
`the house temperature can be lowered. For example if the transient model says the house can be heated up to
`full temperature within 30 minutes and the householder is known to be more than 30 minutes away then the
`heating system can be turned off completely.”
`
`Oswald at ¶¶ 96-103.
` “9. A household energy management system according to claim 1, wherein the model of the behaviour of
`the occupants includes a determination of whether the house is occupied.”
`
`Oswald at Claim 9.
`
`Publication No.
`Patent
`U.S.
`2009/0302994 (“Rhee”)
`
`Rhee discloses “the one or more processors with circuitry and code designed to execute instructions to
`determine whether the building is occupied or unoccupied, and based on that determination, to control the
`HVAC system to provide heating or cooling to the building at an operational temperature.”
`
`The energy management system 100’s (the claimed system) one or more wireless controllers 110 and a
`management server 120 (the claimed one or more processors) use energy profiles to determine when the
`building is occupied or not occupied.
`
`Table 4 shows the heating and cooling data of the HVAC controlled by the wireless controller 110 b, utilizing
`the occupied/ unoccupied setpoints of the energy profile illustrated in Table 2.
`
`“The wireless controller E 110 e communicates the monitored energy data to the management server 120 via
`the wireless mesh network 170 and the network 140. The management server 120 manages one or more
`parts of an energy profile based on the energy data, preferences, and/or other information associated
`with the energy management system 100 (e.g., building holidays, occupancy vacation, weather, power
`demands, etc.). The energy profile is utilized to distribute the intelligence of the energy management
`system 100 across the wireless controllers 110 and the management server 120. For example, each wireless
`controller 110 can independently and autonomously manage the energy device 160 based on the energy profile
`or parts thereof and/or the energy data. An advantage of distributing the intelligence allows for easy
`deployment and adoption of the energy management system 100 since both the wireless controller 110 and the
`management server 120 manage the energy policy compliance and optimization.
`
`6
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`IPR2021-00054
`Page 7 of 17
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`Disclosure*
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`The management server 120 transmits part or all of the energy profile to each wireless controller 110.
`In some examples, the management server 120 transmits all of the energy profile to each wireless controller
`110 to enable backups and/or redundancy between the wireless controller 110 a, 110 b, 110 c, 110 d, 110 e, .
`. . , 110 n. The storage of all of the energy profile by each wireless controller 110 enables the wireless
`controllers 110 to provide backups of the energy profile to the management server 120 and/or to other
`wireless controllers 110 not currently in communication on the wireless mesh network 170. One advantage
`to storing the profile on each wireless controller 110 is that each wireless controller 110 can
`independently operate using the energy profile whether or not the wireless controller 110 in
`communication with the management server 120.”
`
`Rhee at [0048]-[0049].
`
`“Generally, the system and method for energy management is reducing the overall energy costs related to
`energy devices (e.g., air conditioners, lights, fans, etc.). The management of the energy devices can provide a
`cost-effective solution to energy management by maximizing the effective use of energy-producing devices
`(e.g., generators, windmills, solar panels, etc.) and minimizing energy use of energy-consuming devices (e.g.,
`air conditioners, heaters, lights, etc.). The management of the energy devices can be performed jointly and
`independently by a management server and wireless controllers.
`The management server and the wireless controllers jointly manage an energy profile (e.g., activate the
`lights at 8:00 am and turn off the lights at 5:00 pm, use solar power from 8:00 am to 12:00 pm, etc.) for the
`energy devices. The joint management of the energy profile can advantageously provide centralized
`management of the energy profile while still allowing individualized management of certain features
`(e.g., temperature ranges, temperature overrides, etc.). The wireless controllers can independently manage
`the energy devices based on the energy profile which advantageously allows the wireless controllers to operate
`based on the energy profile without interaction from the management server.”
`
`Rhee at [0037]-[0038].
`
`“As a further example, the wireless controller C 110 c manages heating, ventilating, and air conditioning
`(HVAC) for the office complex. The wireless controller C 110 c can manage the HVAC units for the office
`complex utilizing a wired connection, a wireless connection, and/or a pneumatic controlled connection. The
`wireless controller C 110 c includes a different part of the energy profile for the office complex (i.e., office
`HVAC energy profile). The office HVAC energy profile includes information as illustrated in Table 2.”
`
`Rhee at [0052].
`
`7
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`Exhibit 2003
`IPR2021-00054
`Page 8 of 17
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`Disclosure*
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`the office complex by
`“Table 4 illustrates exemplary energy data for HVAC of
`controller 110 b of FIG. 1B utilizing the energy profile illustrated in Table 2.”
`
`the wireless
`
`Rhee at [0061].
`
`Rhee at Table 2.
`
`8
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`Reference
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`Disclosure*
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`Rhee at Table 4.
`
`Patent No.
`U.S.
`(“Geadelmann”)
`
`8,196,185
`
`Geadelmann discloses “the one or more processors with circuitry and code designed to execute instructions
`to determine whether the building is occupied or unoccupied, and based on that determination, to control the
`HVAC system to provide heating or cooling to the building at an operational temperature.”
`
`See, e.g., 10:60-11:17. If a particular thermostat is operating within an Occupied time period (as will be
`discussed subsequently with respect to Schedule column 308), Setpoints column 306 may include an up arrow
`and a down arrow that may be clicked on to raise or lower the current setpoint temperature for a particular
`thermostat. If the particular thermostat is operating within an Unoccupied time period, Setpoints column 306
`may, in some cases, not display up or down buttons for adjusting the temperature set point. In some cases, the
`up and downarrows may merely be grayed out if the particular thermostat is operating within an Unoccupied
`time period.
`
`Schedule column 308 may provide a columnar list of schedule information for each corresponding thermostat,
`such as whether a particular thermostat is operating according to a schedule in which the current time
`corresponds to an Occupied time or is operating according to a schedule in which the current time corresponds
`9
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`to an Unoccupied time. For example, in a commercial office environment, a particular thermostat may be
`programmed or otherwise operated in accordance with a schedule in which the Occupied time is set to a time
`period of 7AM to 5PM, and the Unoccupied time is set to a time period of 5PM to 7AM. Schedule column
`308 may also include an override button 314 for at least one of the corresponding thermostats listed within
`thermostat column 302.
`
`See, e.g., 11:61-12:3. In FIG. 3D, it can be seen that web page338 includes a pane 340 that includes
`information regarding setpoint and fan information for thermostat 316 (T7350). In particular, pane 340
`displays cooling and heating temperature set points for one or more time periods such as occupied, unoccupied
`and standby. For example, pane 340 includes an up arrow 342 and a down arrow 344 that may be used to alter
`the cooling set point temperature during the occupied time period. Pane 340 includes a pull-down menu 346
`that may be used to alter a schedule override duration.
`
`See, e.g., 12:4-43. Pane 340 also includes settings pertaining to a fan Switch and a system switch. In particular,
`pane 340 includes a pull down menu 348 that may be used to alter a setting such as Auto, cool, heat and the
`like for the system switch as well as a pull-down menu 350 that may be used to set the fan switch to either On
`or Auto. A Save button 352 permits a user to save any changes that they have made to the parameters displayed
`within web page 352. In some instances, the Save button 352 may be omitted, and web server 38 (FIG. 2) may
`ask a user if changes should be saved if any parameter values or settings were altered and if the user attempts
`to exit a particular web page by, for example, selecting another tab within navigation bar 58. Alternatively,
`the changes may automatically be saved.
`
`Returning briefly to FIG. 3B, if a user clicks on override button 326, web server 38 (FIG. 2) may provide web
`page 354, as seen in FIG. 3E. Web page 354 may be simpler in appearance than web page 54 (FIG. 3B) and
`may in some instances be a pop-up page that floats atop web page 54. Web page 354 includes a pull-down
`menu 356, which permits a user to determine how to override the current status of a particular thermostat. For
`example, if the current status is occupied, a user may override the current status by changing it to unoccupied.
`A length of the override period may be set using pull-down menu 358, which may be used to set a number of
`days and/or pull-down menu 360, which may be used to set a number of hours.
`
`Once an override time period has been established, a user may wish to specify which thermostator thermostats
`to apply the override condition. In some cases, web page 354 may include a checkbox 362 that provides a
`quick and simple way to select all of the thermostats that are available to the user. Alternatively, web page 354
`may provide a pane 364 that includes a list of all available thermostats and permits the user to check off the
`thermostats that are to be included. As illusrated, it can be seen that there is a check mark in the check box
`
`10
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`IPR2021-00054
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`adjacent the thermostat labeled as T7350 (thermostat 316). A user may then elect to initiate the override by
`clicking on an OK button 366 or may cancel the impending override by clicking on a Cancel button 368.
`
`WebCTRL v.4
`
`The WebCTRL v4 User’s Guide discloses (and the WebCTRL v4 system includes) “the one or more
`processors with circuitry and code designed to execute instructions to determine whether the building is
`occupied or unoccupied, and based on that determination, to control the HVAC system to provide heating or
`cooling to the building at an operational temperature.”
`
`11
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`IPR2021-00054
`Page 12 of 17
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`See, e.g., p. 25
`
`See, e.g., p. 36
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`12
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`Disclosure*
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`See, e.g., p. 46
`
`See, e.g., p. 47
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`13
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`See, e.g., p. 51
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`14
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`See, e.g. p. 52
`
`See, e.g., p 94
`
`U.S. Patent No. 8,063,775 (“Reed”) Reed discloses “the one or more processors with circuitry and code designed to execute instructions to
`determine whether the building is occupied or unoccupied, and based on that determination, to control the
`HVAC system to provide heating or cooling to the building at an operational temperature.”
`“The user is provided with an account associated with his or her system 10. The user can access his or her
`account through the web site and enter selected set points and parameters that determine the operation of the
`energy consuming devices 12 and the secondary systems 14. For example, the consumer can enter a
`temperature set point for the furnace and the air conditioner; a limit on total energy consumption over a
`specified time period; a time to turn on a selected light circuit; a time to turn on a lawn sprinkler; or a time to
`disable or enable a security system. Additionally, the user can select other parameters such as whether to
`accept adjustments to a selected temperature setting or lighting schedule in the event the local utility is
`
`15
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`experiencing a peak electrical demand, or set parameters for when the enclosed space is not occupied or when
`the occupants are sleeping, for example.”
`
`Reed, at 6:57-7:3.
`“The user interface 22 can also be employed to define selected modes of operation for the system 10. For
`example, night time settings or un-occupied settings can be defined and activated as desired.”
`
`Reed, at 7:66-8:2.
`“As yet another example, the instruction set 30 may include a method for adapting a pre-defined schedule of
`operation of the energy consuming devices 12 and the secondary systems 14 based upon sensor measurements
`received by the sensors 20 (e.g. motion sensor and light sensor). It is understood that other methods and
`algorithms may be encoded within the instruction set 30 to provide various control features and schedules to
`a user such as demand limitation algorithms based upon energy usage and cost thresholds and efficiency
`models that are pre-determined for maximum comfort or efficiency, for example.”
`
`Reed, at 5:36-47.
`“Each of the sensors 20 is adapted to measure a pre-determined condition or characteristic and transmit the
`sensor signal representing the measured characteristic. For example, a motion sensor may be used to determine
`whether the enclosed area 11 is occupied or unoccupied.”
`
`Reed, at 7:42-46.
`
`16
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`EcoFactor, Inc.
`Exhibit 2003
`IPR2021-00054
`Page 17 of 17
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