EXHIBIT B-26
`EXHIBIT B-26
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`EcoFactor, Inc.
`Exhibit 2004
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`IPR2021-00054
`Page 1 of 11
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`EcoFactor, Inc.
`Exhibit 2004
`IPR2021-00054
`Page 1 of 11
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`Exhibit B-26
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`Invalidity Contentions: U.S. Patent No. 10,534,382
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`W.D. Tex., Case Nos. 6:20-cv-00075-ADA, 6:20-cv-00078, 6:20-cv-000801
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`REPRESENTATIVE CLAIM LIMITATION: “wherein the memory is configured to store historical values of the first data and second data”
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`ASSERTED CLAIMS: This limitation is present in the following Asserted Claims: ’382 patent claims 1-20.
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`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.
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`Reference
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`Disclosure*
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`enabling
`response
`“Demand
`technology development” (“Arens”)
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`Arens discloses “wherein the memory is configured to store historical values of the first data and second
`data.”
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`“We want to save sets of data during the real-time test of the DR system in Summer 05 in order to analyze
`them later. These data will be stored in a database located on a server of UC Berkeley. They will be stored in
`the laptop in the house, thus the controller should rely on access to them for processing (even for learning).
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`The data we want to save are:
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`- Input from real sensors:
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`o Temperature measurement of all the different areas
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`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 2004
`IPR2021-00054
`Page 2 of 11
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`Reference
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`Disclosure*
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`o On/Off status of all the appliances
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`o Consumption of all the appliances
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`o Occupancy of all the areas
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`o Weather station: anemometer, pyranometer (both global and diffuse radiation)”
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`
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`Arens at p. 68.
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`U.S. Patent No. 2004/0117330
`(“Ehlers”)
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`Ehlers discloses “wherein the memory is configured to store historical values of the first data and second
`data.”
`
`“In one aspect of the invention data various data elements are stored within the system 1.02. In one
`embodiment, the data may be stored in gateway node 1.10D. However, each node 1.10 in the
`system 1.02 includes a node processor 2.02 and memory 2.04. Therefore, any node 1.10 in the system may
`assume the processing and/or the control of one or more devices and/or the storage of system data 1.02 in the
`event the gateway node 1.10D becomes disabled. In one embodiment, the following data may be
`maintained or stored by the system 1.02.
`
`…
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`10. A history of temperature set points for the day.
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`11. An average of temperature set points for the week and billing period
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`…
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`13. The current temperature set point both user set and fixed.
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`…
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`15. The average temperature maintained for the day, week and billing period.
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`2
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`EcoFactor, Inc.
`Exhibit 2004
`IPR2021-00054
`Page 3 of 11
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`Reference
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`…
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`Disclosure*
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`25. Weather information and history data including at a minimum outside temperature lows and highs,
`humidity, chance of precipitation wind speed and direction, solar exposure time and angle and UV indexes by
`day, by week, by billing period.”
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`27. Computed thermal recovery time for heating and cooling adjusted to compensate for the external
`temperature, wind speed, direction, UV index, humidity and cooling or heating degree day factors. This
`computed factor is used to more accurately compute the recovery time for thermal gain or loss when combined
`with the average normalized thermal gain or loss for the site 1.04. This factor may also be computed centrally
`and transmitted, frequently enough to permit adequate factoring of recovery times to maximize efficiency and
`reduce operating costs. Transmitting centrally computer factors will eliminate the need for external sensors at
`each location thus lowering the cost of installation and ongoing maintenance.”
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`Ehlers at [0268], [0278]-[0279], [0281], [0283]-[0285], [0295].
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`FIG. 2A is a block diagram of a gateway node used in the energy management system of FIG. 1A;
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`Ehlers at [0022].
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`3
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`EcoFactor, Inc.
`Exhibit 2004
`IPR2021-00054
`Page 4 of 11
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`Reference
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`Disclosure*
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`Ehlers at FIG. 2A.
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`
`
`U.S. Patent App. Pub. No.
`2005/0171645 (“Oswald ’645”)
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`Oswald ’645 discloses “wherein the memory is configured to store historical values of the first data and
`second data.”
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`
`
` “Terms in the thermal model would include:
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`Heat transfer coefficient inside house.
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`Heat transfer coefficient outside house—terms including effect of wind, rain, humidity etc.
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`Temperature inside.
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`Temperature outside.
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`Materials of construction including thickness, thermal insulation qualities, mass, specific heat.
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`Wind resistance of apertures such as doors and windows.”
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`4
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`EcoFactor, Inc.
`Exhibit 2004
`IPR2021-00054
`Page 5 of 11
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`Reference
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`Disclosure*
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`Oswald ’645 at ¶¶ 128-134.
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`“Stored data
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`The data acquired will be stored on a database. This will include data of appliance characteristics, times
`appliances are on and off and derived data. It can be stored either within the house in some form of small
`computer, perhaps as part of the single central sensor 2, or on a more powerful server on the Internet-based
`network of computers.”
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`Oswald ’645 at ¶¶ 58-59.
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`“The household energy management system according to the second aspect of the invention may further
`comprise one or more temperature sensors for measuring the temperature inside the house; a source of
`information about the temperature outside the house; a modelling means, which uses the inside and outside
`temperature measurements to derive a transient thermal model of the house, which can predict changes in
`the inside temperature on the basis of the information about the outside temperature and on the basis of the
`operation of heating and/or cooling electrical appliances identified as connected to the supply; means for
`comparing the derived transient thermal model with a reference transient thermal model; and means for
`warning a user of the system of poor thermal properties of the house or of poor efficiency of the connected
`heating and/or cooling electrical appliances when the derived model differs from the reference model by more
`than a predetermined limit.”
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`Oswald ’645 at ¶ 24.
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`“27. A household energy management system according to claim 18, further comprising:
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`at least one temperature sensor for measuring the temperature inside the house;
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`a source of information about the temperature outside the house;
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`a modelling means, which uses the inside temperature measurements received from the at least one
`temperature sensor and outside temperature measurements received from the source of information to derive
`a transient thermal model of the house, which model predicts changes in the inside temperature of the house
`on the basis of information about the current inside temperature, the current outside temperature and the
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`5
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`EcoFactor, Inc.
`Exhibit 2004
`IPR2021-00054
`Page 6 of 11
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`Reference
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`Disclosure*
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`Publication No.
`Patent
`U.S.
`2009/0302994 (“Rhee”)
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`operation of any heating or cooling electrical appliances that the identification means identifies as connected
`to the supply;
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`means for comparing the derived transient thermal model with a reference transient thermal model; and
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`warning means for generating a warning of poor thermal properties of the house or of poor efficiency of the
`connected heating or cooling electrical appliances when the derived model differs from the reference model
`by more than a predetermined limit.”
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`Oswald ’645 at Claim 27
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`See Oswald ’645 at FIGS. 1-4, 8-9.
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`Rhee discloses “wherein the memory is configured to store historical values of the first data and second data.”
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`The storage module 228 (the claimed memory) stores energy data, which includes environmental data, which
`includes indoor and outdoor temperature values (the claimed first data and second data, respectfully).
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`“In other examples, the storage module 228 stores the energy data, the modifications to the energy profile,
`and/or the energy profile utilizing a database. For example, the storage module 228 stores the energy data, the
`modification to the energy profile, and/or the energy profile in a secured SQL database. The database can be,
`for example, accessed by the client module 150 and/or the management server 220. In other embodiments,
`the storage module 228 can be located remotely from the management server 220.”
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`Rhee at [0070].
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`“In some examples, the energy data includes energy consumption data, environmental data, energy
`generation data, and/or any other type of data associated with building management (e.g., direction of windows
`on the building, prevailing wind, insulation type, oil tank level, propane tank level, alert information, etc.).
`The energy consumption data can include, for example, energy used by the energy device 160, energy saved
`by the energy device 160, further energy use by the energy device 160, proposed energy use by the energy
`device 160, cost of different types of energy, and/or any other type of data associated with the consumption of
`energy. The environmental data can include, for example, outside temperature, inside temperature,
`outside humidity, inside humidity, rainfall, sunlight coverage, environmental costs of different types of energy
`(e.g., cost of one kilowatt of wind power, greenhouse gas emissions for one kilowatt of coal power, etc.),
`and/or any other data associated with the environment. The energy generation data can include, for example,
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`6
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`EcoFactor, Inc.
`Exhibit 2004
`IPR2021-00054
`Page 7 of 11
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`Reference
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`Disclosure*
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`alternative energy generation level (e.g., solar power generation, wind power generation, etc.), grid power
`level, and/or any other type of data associated with energy generation.”
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`Rhee at [0057].
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`The wireless gateway 330 (the claimed memory) also stores energy data storage module 228 (the claimed
`memory).
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`“In some examples, the wireless gateway 330 stores the one or more parts of the energy profile and/or the
`energy data in a storage module (not shown). The wireless gateway 330 can be, for example, utilized as the
`centralized storage of the energy profile and/or the energy data.”
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`Rhee at [0073].
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`Patent No.
`U.S.
`(“Geadelmann”)
`
`8,196,185
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`Geadelmann discloses “wherein the memory is configured to store historical values of the first data and
`second data.”
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`See, e.g., 5:4-18. In some instances, web server 38 of building control appliance 12 may be adapted to
`provide a Summary web page (see FIG. 3B), via first port 14, that displays information pertaining to one or
`more of the thermostats. In some cases, the Summary web page may include information pertaining to two
`or more thermostats. This may include, for example, two or more of first thermostat 26, second thermostat
`28, third thermostat 30 and/or fourth thermostat 32. The particular information that is displayed may be
`customized for a particular user and/or user class. Controller 36 may be adapted to receive sensor
`information from the thermostats via second network 20. In some cases, controller 36 may be programmed
`with a control algorithm that issues commands to the thermostats via second network 20 to activate or
`deactivate HVAC equipment that is connected to the thermostats.
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`See, e.g., 5:35-64. A variety of information may be displayed on the Summary web page. Examples of
`information include but are not limited to one or more of a thermostat identifier for one or more of the
`thermostats, a current inside temperature reported by one or more of the thermostats, a current outside
`temperature, a current set point for one or more of the thermostats, a schedule related parameter for one or
`more of the thermostats, a humidity related parameter that is reported by one or more of the thermostats, a
`current operating mode of HVAC equipment that is connected to one or more of the thermostats, an alarm
`related parameter for one or more of the thermostats, a discharge air temperature of HVAC equipment that is
`connected to one or more of the thermostats, a plenum related pressure of HVAC equipment that is
`connected to one or more of the thermostats, a relay output related parameter of HVAC equipment that is
`7
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`EcoFactor, Inc.
`Exhibit 2004
`IPR2021-00054
`Page 8 of 11
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`Reference
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`Disclosure*
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`connected to one or more of the thermostats, a lockout status of HVAC equipment that is connected to one
`or more of the thermostats; a fan switch status of HVAC equipment that is connected to one or more of the
`thermostats, a throttle range of HVAC equipment that is connected to one or more of the thermostats, an
`integral time of the control algorithm used to control the HVAC equipment that is connected to one or more
`of the thermostats, a derivative time of the control algorithm used to control the HVAC equipment that is
`connected to one or more of the thermostats, and an anticipator authority of the control algorithm used to
`control the HVAC equipment that is connected to one or more of the thermostats. These are only examples,
`and it is contemplated that any Suitable information may be included on the Summary web page, as desired.
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`See, e.g, 17:23-30. FIGS. 7A-7B provide illustrative but non-limiting examples of web page that may be
`served up by web server 38 (FIG. 2). In particular, FIGS. 7A-7B provide web pages pertaining to the Trends
`tab 78 (FIG.3B), and the corresponding functionality of building control appliance 12 (FIG. 1). The web
`pages shown in FIGS. 7A-7B may, for example, be accessed and displayed on a computer running a thin
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`8
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`EcoFactor, Inc.
`Exhibit 2004
`IPR2021-00054
`Page 9 of 11
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`Reference
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`client application such as Microsoft(R) Internet Explorer R.
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`Disclosure*
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`U.S. Patent No. 8,063,775 (“Reed”)
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`
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`Reed discloses “wherein the memory is configured to store historical values of the first data and second data”:
`
`“The storage device 28 may be a single storage device or may be multiple storage devices. Furthermore, the
`storage device 28 may be a solid state storage system, a magnetic storage system, an optical storage system or
`any other suitable storage system or device. It is understood that the storage device 28 is adapted to store the
`instruction set 30. Other data and information may be stored in the storage device 28 such as user account
`information and data representing characteristics of a particular enclosed area (e.g. structure type, insulation
`value, type of HVAC equipment, size of area, orientation of structure, location of structure, and window
`characteristics). Additionally, any detected environmental conditions and other data received from the
`sensors 20 and other data sources (e.g. weather databases) may be electronically stored in the storage
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`9
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`EcoFactor, Inc.
`Exhibit 2004
`IPR2021-00054
`Page 10 of 11
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`Reference
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`Disclosure*
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`device 28. Thereafter, the storage device 28 can be accessed to retrieve the information and data stored
`therein.”
`
`Reed, at 5:48-64.
`
`“In certain embodiments, the processor 26 manages and controls the functions of the module 16 in response
`to particular algorithms encoded in the instruction set 30. In particular, data stored on the server 18 can be
`retrieved and analyzed by the processor 26 according to a pre-defined algorithm or real-time “learning”
`algorithm. For example, a user defined temperature set point may be adjusted by the processor 26 in response
`to conditions such as a solar energy received at the enclosed area, a sky condition (i.e. percent of cloud
`coverage), an outside air temperature, a wind speed, an efficiency formula and other data received from the
`sensors 20 and third-party systems. It is understood that various formulas based upon the data received from
`the sensors 20 and third-party systems may be used by the processor 26 to provide optimal control of the
`energy consuming devices 12 and the secondary systems 14.
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`The system 10 can also employ data from other sources to facilitate the efficient operation of the energy
`consuming devices 12 and the secondary systems 14. For example, a local electrical utility can provide an
`input to the server 18 during peak electrical demand. The peak electrical demand signal can be employed to
`automatically adjust the temperature settings of consumers heating and air conditioning units, thus reducing
`the electrical demand on the associated electrical grid. Additionally, current weather data, or sunrise and sunset
`times can be electronically provided to the system 10 by a third party weather reporting service. The data
`supplied by the third party can be employed to adjust the settings and facilitate the efficient operation of the
`energy consuming devices 12 and the secondary systems 14.”
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`Reed, at 8:33-62.
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`10
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`EcoFactor, Inc.
`Exhibit 2004
`IPR2021-00054
`Page 11 of 11
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