EXHIBIT B-33
`EXHIBIT B-33
`
`EcoFactor, Inc.
`Exhibit 2009
`
`IPR2021-00054
`Page 1 of 6
`
`EcoFactor, Inc.
`Exhibit 2009
`IPR2021-00054
`Page 1 of 6
`
`

`

`
`
`Exhibit B-33
`
`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: “wherein the interface is configured to allow the user to input that the building is currently
`unoccupied”
`
`ASSERTED CLAIMS: This limitation is present in the following Asserted Claims: ’382 patent claim 16.
`
`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*
`
`U.S. Patent No. 2004/0117330
`(“Ehlers”)
`
`Ehlers discloses “wherein the interface is configured to allow the user to input that the building is currently
`unoccupied.”
`
`“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].
`
`
`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 2009
`IPR2021-00054
`Page 2 of 6
`
`

`

`
`
`Reference
`
`Disclosure*
`
`“With references to FIGS. 4A through 4R, the user interface 1.14 may be implemented as a web page or
`graphical user interface (“GUI”) 4.02. The GUI 4.02 may be accessible from remote locations, as discussed
`above. In one embodiment, the customer may access the GUI 4.02 through a web browser or other display
`device like a television. In another embodiment, the customer may access the GUI 4.02 through a remote
`device, such as a mobile phone and/or personal digital assistant. By entering a user I.D. and password, the
`customer may access his or her account.”
`
`Ehlers at [0311].
`
`“With reference to FIG. 4B, when the customer selects the direct access icon 4.14Aa, a plurality of direct
`access icons 4.16 will be displayed in the control panel 4.10. In the illustrated embodiment, the customer has
`direct access of the HVAC system and the whole house meter. Correspondingly, a heating/AC icon 4.16 a and
`a whole house meter 4.16B are displayed within the control panel 4.10. In another embodiment, all
`devices 1.08 to which the customer may have access are accessible here, e.g., a second thermostat or the water
`heater. With reference
`to FIG. 4C, selection of
`the heating/AC
`icon 4.16A, displays a virtual
`thermostat 4.18 within the control panel 4.10. The virtual thermostat 4.18 contains an information section or
`display 4.20 and a plurality of thermostat buttons 4.22. The display section 4.20 includes information related
`to the actual or real time conditions at the site 1.04. In the illustrated embodiment as shown, the current
`temperature within the customer site 1.04 is 67° Fahrenheit. The heating and cooling set points are set to 58°
`and 85°, respectively. The system 3.08 is in an automatic mode and the heating and cooling systems are in an
`off condition. Furthermore, as indicated, the occupancy mode is set to “Away”. As discussed below, the
`system 3.08 allows the customer to program the HVAC systems use the virtual thermostat 4.18 and according
`to occupancy modes using heating and cooling set points. By using the thermostat buttons 4.22, the customer
`can change the current operating parameters of the thermostat. For example, selection of a change system
`mode thermostat button 4.22A allows the customer to select between automatic and a manual modes. Selection
`of a change fan mode button 4.22B allows the customer to change the fan mode from “on” to “automatic”.
`Furthermore, selection of an override temperature button 4.22C or an override occupancy button 4.22D
`allow the customer to override the current temperature and occupancy schedules as defined below.
`Selection of a cancel override button 4.22E allows the customer to cancel a temperature or occupancy
`change which was input using the override temperature button 4.22C or the override occupancy
`button 4.22D. A cancel curtailment button 4.22F allows a customer to cancel any curtailment program (where
`permissible).”
`
`Ehlers at [0316].
`
`2
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`EcoFactor, Inc.
`Exhibit 2009
`IPR2021-00054
`Page 3 of 6
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`

`

`
`
`Reference
`
`Disclosure*
`
`Patent No.
`U.S.
`(“Geadelmann”)
`
`8,196,185
`
`Geadelmann discloses “wherein the interface is configured to allow the user to input that the building is
`currently unoccupied.”
`
`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
`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.
`
`3
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`EcoFactor, Inc.
`Exhibit 2009
`IPR2021-00054
`Page 4 of 6
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`66
`
`64
`WebStat™
`iereacteeThermostats|System}
`
`
`[LoggedInasHoneywellContractor"332-334 Outside Temperature:76°F | myWeather| ~——68
`
`
`Thermostats |___General’Setpoints&Fan\ SSCSC*”
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`
`
`
` Cooling Setpoints
`
`GQ occupies ad (es_eer
`
`
`
`
`Chi standby=er eer
`
`Ch Unoceupied[G5Ter sos
`Override Duration for Setpoint and Occupancy State
`Fan and System Switch
`
`Heating Setpoints
`
`System Switch
`
`(Aifo }-—348
`
`Fan Switch(GnTS} 350
`
`(Gave>—352
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`4
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`EcoFactor, Inc.
`Exhibit 2009
`IPR2021-00054
`Page 5 of 6
`
`

`

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`
`
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`Reference
`
`Disclosure*
`
`
`
`5
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`EcoFactor, Inc.
`Exhibit 2009
`IPR2021-00054
`Page 6 of 6
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