EXHIBIT B-34
`
`EXHIBIT B—34
`
`EcoFactor, Inc.
`Exhibit 2010
`
`IPR2021-00054
`
`Page 1 of 15
`
`EcoFactor, Inc.
`Exhibit 2010
`IPR2021-00054
`Page 1 of 15
`
`

`

`
`
`Exhibit B-34
`
`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 receive a
`second data from a network connection, wherein the second data from the network connection is collected from a source external to the building and
`comprises outdoor temperature, wherein the second data from the network connection is received via the Internet”
`
`ASSERTED CLAIMS: This limitation is present in the following Asserted Claims: ’382 patent claims 17, 18, 20.
`
`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
`
`enabling
`response
`“Demand
`technology development” (“Arens”)
`
`Disclosure*
`
`Arens discloses “the one or more processors with circuitry and code designed to execute instructions to
`receive a second data from a network connection, wherein the second data from the network connection is
`collected from a source external to the building and comprises outdoor temperature, wherein the second data
`from the network connection is received via the Internet.”
`
`“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).
`
`The data we want to save are:
`
`
`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.
`
`
`
`EcoFactor, Inc.
`Exhibit 2010
`IPR2021-00054
`Page 2 of 15
`
`

`

`Reference
`
`Disclosure*
`
`- 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)
`
`- Output to real actuators:
`
`o Price indicator lights on non-controllable appliances
`
`o On/Off order of the controllable appliances, especially Heat and Cooling
`
`o LCD screen to display information
`
`- Input or output of simulated components:
`
`o Price information from the price generator
`
`Solution
`
`We can use a MySQL database located on a server at UC Berkeley to store the data. All the required software
`is free and familiar for many of us.
`
`We have to:
`
`o define the database organization (see next pages)
`
`o write the PHP code to operate the database.
`
`o and incorporate a “recorder” in the laptop that will send the collected data to the database at regular intervals
`(e.g. 1 hour). The recorder should be integrated in the Java code of the controller in order to have access to all
`
`2
`
`EcoFactor, Inc.
`Exhibit 2010
`IPR2021-00054
`Page 3 of 15
`
`

`

`
`
`Reference
`
`Disclosure*
`
`data (thus it should be programmed in Java). The first job of the recorder could be to store on the laptop, in
`temporary files such as text or XML files, the last set of data used by the controller, and a second function
`could be to communicate the data of theses files to the database before erasing them. Or if the laptop has
`enough resources, the recorder could keep the data in RAM.”
`
`Arens at p. 68.
`
`“Initially, we installed three T-mote Sky motes, and continued adding and relocating motes until we had 13
`motes installed in the house. Figure 6 below shows a plan of the house with the final configuration of
`distributed indoor sensors (motion, air temperature, globe temperature, relative humidity, power sensing) and
`outdoor weather station. All motes were battery-powered except for one ac-powered repeater mote, and the
`base mote connected to a Tablet PC. All battery-powered motes transmitted battery voltage data as well as
`sensor data…
`
`To measure outdoor weather conditions, we installed a mote with four sensors in a weather-tight box
`on the roof of the house near the chimney. An anemometer and wind vane measured wind speed and
`direction. Two pyranometers (LI-COR LI-200) measure solar radiation. One measures total horizontal
`radiation and the other, shielded from direct normal solar radiation by a narrow metal band, measures global
`diffuse radiation. The difference is the direct radiation on the horizontal. See Appendix C for details on the
`weather station. Another mote was installed under the eave of the roof, with three sensors: an on-board relative
`humidity sensor and two temperature sensors. One temperature sensor was located under the eave of the
`roof and the other exposed to solar and night sky radiation. Combinations of these climate
`measurements are expected to prove useful in devising future demand-responsive control algorithms.”
`
`Arens at pp. 15-16.
`
`“The weather station consists of five main components, a Moteiv T-mote Sky mote for broadcasting
`weather data wirelessly to a host controller, two pyranometers for measuring global and diffuse
`radiation, an anemometer and a wind vane. An auxiliary circuit board attached onto the mote provides
`amplification for the radiation sensors and circuitry for the wind vane.”
`
`Arens at p. 45.
`
`See Arens FIG. 6 on p. 15.
`
`3
`
`EcoFactor, Inc.
`Exhibit 2010
`IPR2021-00054
`Page 4 of 15
`
`

`

`
`
`Reference
`
`Disclosure*
`
`“Data Collection
`
`U.S. Patent No. 2004/0117330
`(“Ehlers”)
`
`Persistent data collection is important for both operational and experimental reasons. Operationally, the
`learning functions of the system will have to use historical data that have been collected for algorithms to
`characterize the system’s physical characteristics and the occupant preferences and patterns. Experimentally,
`we need a complete historical record to verify system operation, track bugs, and to tune and validate our
`simulation model.
`
`To satisfy these two needs, we developed a database system that collects sensor data and system events. The
`data is first collected locally via a base mote connected to a laptop computer and then transmitted via
`Internet to a server in our lab. We thus can review any aspect of the operation and also keep track of current
`operation of the system .This [sic] is crucial for our initial implementations so that problems can be detected
`quickly and so researchers do not have to travel to implementation sites any more than is necessary.”
`
`Arens at p. 12.
`
`Ehlers discloses “the one or more processors with circuitry and code designed to execute instructions to
`receive a second data from a network connection, wherein the second data from the network connection is
`collected from a source external to the building and comprises outdoor temperature, wherein the second data
`from the network connection is received via the Internet.”
`
`“As explained above and more fully described below, the system 1.02 may also include an advanced
`thermostat device 1.30D. The system 1.02 may have the ability to sense the current indoor temperature and
`could be enhanced to include at a minimum, humidity sensing, outside temperature, UV intensity, wind
`direction and speed, relative humidity, wet bulb thermometer, dew point and local weather forecast data or
`encoded signals as well as other analog or digital inputs used in the calculation of and maintenance of occupant
`comfort. In its basic form, the system 1.02 will manage the indoor air temperature. Using the optional
`enhanced system inputs, the system 1.02 may also manage the air quality and humidity at the site by
`controlling the operation of the appropriate heating, filtration, conditioning and cooling equipment in
`conjunction with damper and fresh air input ducts, electrostatic filters and ionization devices to maximize
`comfort and indoor air quality. The system 1.02 may manage its operation of the available environmental
`conditioning resources to maintain the optimum temperature, humidity and air quality conditions based on
`user defined minimum and maximum values for comfort indices and price of energy indices. In a more
`elaborate implementation, the system 1.02 may also have the ability to switch energy types e.g., electric versus
`
`4
`
`EcoFactor, Inc.
`Exhibit 2010
`IPR2021-00054
`Page 5 of 15
`
`

`

`
`
`Reference
`
`Disclosure*
`
`gas for environment heating and would also have the ability to switch suppliers based on the asking price of
`the energy supplier serving the location if the services of an energy broker are utilized.”
`
`Ehlers at [0088].
`
`“In one embodiment the sensors 3.10 include an indoor air temperature sensor 3.10A and a humidity
`sensor 3.10B. In another embodiment, the thermostat 1.30D may also include sensors 3.10C for measuring
`and/or sensing one or more of the following: outside temperature, UV intensity, wind direction and speed,
`relative humidity, wet bulb thermometer, dew point. In still another embodiment, the thermostat 1.30D may
`receive external information through the gateway node 1.10D, such as information related to the local
`weather forecast.”
`
`Ehlers at [0230].
`
`“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.
`
`…
`
`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.”
`
`Ehlers at [0268], [0295].
`
`5
`
`EcoFactor, Inc.
`Exhibit 2010
`IPR2021-00054
`Page 6 of 15
`
`

`

`
`
`Reference
`
`U.S. Patent App. Pub. No.
`2005/0171645 (“Oswald ’645”)
`
`
`
`Disclosure*
`
`Oswald ’645 discloses “the one or more processors with circuitry and code designed to execute instructions
`to receive a second data from a network connection, wherein the second data from the network connection is
`collected from a source external to the building and comprises outdoor temperature, wherein the second data
`from the network connection is received via the Internet.”
`
`“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.”
`
`Oswald ’645 at ¶ 24.
`
` “The system can use network data to improve validity. For example it can be informed of local weather
`from existing Internet weather databases which have weather information from nearby weather
`stations.”
`
`Oswald ’645 at ¶ 137.
`
`“27. A household energy management system according to claim 18, further comprising:
`
`at least one temperature sensor for measuring the temperature inside the house;
`
`a source of information about the temperature outside the house;
`
`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
`
`6
`
`EcoFactor, Inc.
`Exhibit 2010
`IPR2021-00054
`Page 7 of 15
`
`

`

`
`
`Reference
`
`Disclosure*
`
`Publication No.
`Patent
`U.S.
`2009/0302994 (“Rhee”)
`
`operation of any heating or cooling electrical appliances that the identification means identifies as connected
`to the supply;
`
`means for comparing the derived transient thermal model with a reference transient thermal model; and
`
`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.”
`
`Oswald ’645 at Claim 27.
`
`See Oswald ’645 at FIGS. 3-4.
`
`Rhee discloses “the one or more processors with circuitry and code designed to execute instructions to receive
`a second data from a network connection, wherein the second data from the network connection is collected
`from a source external to the building and comprises outdoor temperature, wherein the second data from the
`network connection is received via the Internet.”
`
`One or more wireless controllers 110 and the management server 120 (the claimed one or more processors),
`receive energy data from one or more sensors, as shown in FIG. 1B. Both the wireless controllers 110 and the
`management server 120 receive energy data. The energy data includes environmental data, which includes
`outdoor temperature data (the claimed second data).
`
`The wireless gateway 130 receives energy data from the wireless controllers 110 via wireless mesh network
`170. The management server 120 receives energy data from the wireless gateway 130 via network 140 (the
`Internet). The energy data includes environmental data, which includes outdoor temperature data.
`
`“Each wireless controller 110 manages at least one energy device based on one or more parts of an energy
`profile. An advantage to the management of energy devices by the wireless controller 110 is that each
`individual wireless controller 110 can implement and enforce the appropriate energy management policy that
`can effectively manage energy consumption. In one embodiment, the wireless controller E 110 e manages the
`energy device 160. The wireless controller E 110 e can, for example, manage the energy device 160 directly
`by utilizing a wired connection (e.g., serial connection, ethernet connection, fiber optic connection, etc.) and/or
`wireless connection (e.g., wireless personal area network, cellular phone network, etc.) between the energy
`
`7
`
`EcoFactor, Inc.
`Exhibit 2010
`IPR2021-00054
`Page 8 of 15
`
`

`

`
`
`Reference
`
`Disclosure*
`
`device 160 and the wireless controller E 110 e. The wireless controller E 110 e can, for example, monitor
`the energy device 160 indirectly by utilizing one or more sensors (not shown).
`
`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.”
`
`Rhee at [0047]-[0048].
`
`“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,
`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.”
`
`Rhee at [0057].
`
`“Referring to FIG. 1B, an energy management system 100 includes wireless controllers 110 a, 110 b, 110 c,
`110 d, 110 e . . . 110 n (generally 110) in a wireless mesh network 170. The energy management system
`100 further includes a wireless repeater 118, a management server 120, a wireless gateway 130, a network
`140, and a client module 150. In one embodiment, the wireless controller 110 e manages (e.g., controls, directs,
`
`8
`
`EcoFactor, Inc.
`Exhibit 2010
`IPR2021-00054
`Page 9 of 15
`
`

`

`
`
`Reference
`
`Disclosure*
`
`monitors, etc.) an energy device 160 (e.g., heater, air conditioner, lights, windmill, etc.). The wireless repeater
`118 forwards and/or routes communications between wireless controller D 110 d and wireless controller C
`110 c via the wireless mesh network thereby extending the range of the wireless mesh network 170. The
`wireless gateway 130 connects the wireless mesh network 170 to the management server 120 via the
`network 140. The management server 120 communicates with the wireless controllers 110 via the network
`140 (e.g., the internet) and the wireless gateway 130 and transmits part or all of an energy profile to one or
`more of the wireless controllers 110. The management server 120 also receives energy data from the
`wireless controllers 110. The client module 150 includes an interface utilized to manage the management
`server 120 directly or remotely via the network 140.”
`
`Rhee at [0045].
`
`In addition, one or more wireless controllers 110, as shown in FIG. 1B, receive energy data from other
`wireless controllers 110 through a mesh network 170.
`
`In other examples, the wireless controllers 110 communicate with each other via the wireless mesh
`network 170. Each wireless controller 110 can receive communications from other wireless controllers
`110 and route the communication to the wireless gateway 130. For example, the wireless controller E 110
`e transmits energy data associated with the energy consuming device 160 to the wireless controller C
`110 c. The wireless controller C 110 c determines the best route (e.g., shortest number of transmission
`hops, lowest latency time for the transmission, etc.) for the transmission of the energy data and transmits
`the energy data to the wireless controller D 110 d. The wireless controller C 110 c can, for example, receive
`availability data (e.g., shortest number of transmission hops, lowest latency time, electrical power, etc.)
`regarding the wireless mesh network 170. The wireless controller D 110 d determines the best route for the
`transmission of the energy data and transmits the energy data to the wireless gateway 130. The wireless mesh
`network 170 can, for example, include a wireless repeater for forwarding and/or routing communication over
`the wireless mesh network 170. The wireless gateway 130 transmits the energy data to the management server
`120.”
`
`Rhee at [0054].
`
`Patent No.
`U.S.
`(“Geadelmann”)
`
`8,196,185
`
`Geadelmann discloses “the one or more processors with circuitry and code designed to execute instructions
`to receive a second data from a network connection, wherein the second data from the network connection is
`
`9
`
`EcoFactor, Inc.
`Exhibit 2010
`IPR2021-00054
`Page 10 of 15
`
`

`

`
`
`Reference
`
`Disclosure*
`
`collected from a source external to the building and comprises outdoor temperature, wherein the second data
`from the network connection is received via the Internet.”
`
`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.
`
`
`
`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 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.
`
`
`
`10
`
`EcoFactor, Inc.
`Exhibit 2010
`IPR2021-00054
`Page 11 of 15
`
`

`

`
`
`Reference
`
`Disclosure*
`
`See, e.g., 9:17-28. FIGS. 3A-3F are illustrative but non-limiting examples of web pages that may be served
`up by web server 38 (FIG. 2). In FIG. 3A, web server 38 has created, provided or otherwise served up a web
`page 40 that permits a user to log into building control appliance 12. In some cases, a user may log into building
`control appliance 12 using PC 34 (FIG. 1), but this is not required. Web page 40 may, for example, be accessed
`and displayed on a computer running a thin client application such as Microsoft Internet Explorer. In some
`instances, it is contemplated that building control appliance 12 itself may have web page display functionality.
`
`
`
`See, e.g., 10:8-13. Navigation bar 58 may include a Date/Time icon 66 and/or a weather icon 68. In some
`cases, weather icon 68 may be a link that a user may click on to access local weather information, such as a
`local weather site. If desired, weather icon 68 may merely provide a current outside temperature.
`
`
`
`See, e.g., 23:19-32. In use, a thermostat may employ one or more external sensors such as temperature sensors.
`In many cases, the external temperature sensors are provided having a particular resistance. An installer
`typically needs to know how to connect the external temperature sensors (which sensors should be used, and
`which sensors should be connected in series and/or which sensors should be connected in parallel) in order to
`provide the thermostat with an expected resistance. In some illustrative embodiments, web server 38 may serve
`up one or more web pages that prompt user (installer or the like) to provide information pertaining to the
`external temperature sensors (if any) that will be used with the particular thermostat, and in Some cases, the
`number of remote sensors that will be used.
`
`11
`
`EcoFactor, Inc.
`Exhibit 2010
`IPR2021-00054
`Page 12 of 15
`
`

`

`
`
`
`.
`_
`e Webster Ovenriw Windows Internet Embrar
`_aJ
`[cleIhup :MMEM-
`-llmNOv-wrcowU-cl—
`
`
`
`
`
`
`
`
`
`
`
`
`What is m mom tunpmn input?
`
`Wen tram wIII pm: mom tnrnp. input?
`
`
`New many mm 5cm?
`
`
`What is flu: mlafivt humidity inn-m?
`
`Wm them willm rel-Inn htl'l'l. lop“?
`
`mam
`
`
`whatismwedoorumpenmm input?
`
`Which memostat will pm: mar term. ingut?
`'
`
`
`
`What Is the many sensm input?
`
`Md.M will 9M occupamy “mar loam
`What is the disdlam lil‘ sensor in”?
`karma-“am
`
`
`
`
`
`
`
`12
`
`EcoFactor, Inc.
`Exhibit 2010
`IPR2021-00054
`Page 13 of 15
`
`

`

`
`
`Reference
`
`Disclosure*
`
`U.S. Patent No. 8,063,775 (“Reed”)
`
`
`
`
`Reed discloses, expressly or inherently, “the one or more processors with circuitry and code designed to
`execute instructions to receive a second data from a network connection, wherein the second data from the
`network connection is collected from a source external to the building and comprises outdoor temperature,
`wherein the second data from the network connection is received via the Internet”:
`
`“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.
`
`13
`
`EcoFactor, Inc.
`Exhibit 2010
`IPR2021-00054
`Page 14 of 15
`
`

`

`
`
`
`
`Reference
`
`Disclosure*
`
`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.”
`
`Reed, at 8:38-62
`
`“The server 18 is in communication with the control and uplink module 16 and the user interface 22. As a non-
`limiting example, the communication between the server 18 and at least one of the control and uplink
`module 16 and the user interface 22 is an internet connection. However, other means for communicating may
`be used such as a private network system, for example. As shown, the server 18 includes a processor 26 and a
`storage device 28.”
`
`Reed, at 4:1-8.
`
`Reed at FIG. 2.
`
`14
`
`EcoFactor, Inc.
`Exhibit 2010
`IPR2021-00054
`Page 15 of 15
`
`