Google LLC v. EcoFactor, Inc.
`IPR2022-00538
`U.S. Pat. No. 9,194,597
`
`Petitioner Google’s Oral Hearing Demonstratives
`
`May 3, 2023
`
`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`GOOGLE Exhibit 1032
`
`1
`
`
`IPR2022-00538
`U.S. Pat. No. 9,194,597
`
`Petitioner Google’s Oral Hearing Demonstratives
`
`May 3, 2023
`
`SMITH BALUCH LLP
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`GOOGLE Exhibit 1032
`
`1
`
`
`
`Independent Claims 1 and 9
`
`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Ex. 1001)
`
`(Pet., 6)
`
`2
`
`
`
`Independent Claim 17
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`SMITH BALUCH LLP
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`(Ex. 1001)
`
`(Pet., 6)
`
`3
`
`
`
`Principal Issues and Arguments
`
`Ground 1
`
`1.
`
`2.
`
`3.
`
`4.
`
`Ehlers ’330 teaches rates of change of inside temperature in response to changes in outside temperatures
`
`Claim element [1d] (“using the stored data to predict changes in temperature inside the structure in response to at least
`changes in outside temperatures”)
`
`Claim element [1e] (“calculating with at least one computer, scheduled programming of the thermostatic controller for one
`or more times to control the heating ventilation and air conditioning system, the scheduled programming comprising at least
`a first automated setpoint at a first time”) and [9e] (“calculating scheduled programming of setpoints in the thermostatic
`controller based on the predicted rate of change, the scheduled programming comprising at least a first automated setpoint
`at a first time and a second automated setpoint at a second time to control the heating ventilation and air conditioning
`system”)
`
`Claim element [1h] (“generating with the at least one computer, a difference value based on comparing at least one of the
`actual setpoints at the first time for the thermostatic controller to the first automated setpoint for the thermostatic
`controller; detecting a manual change to the first automated setpoint by determining whether the at least one of the actual
`setpoint and first automated setpoint are the same or different based on the difference value”)
`
`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`4
`
`
`
`Principal Issues and Arguments
`
`Ground 1
`
`1.
`
`2.
`
`3.
`
`4.
`
`Ehlers ’330 teaches rates of change of inside temperature in response to changes in outside temperatures
`
`Claim element [1d] (“using the stored data to predict changes in temperature inside the structure in response to at least
`changes in outside temperatures”)
`
`Claim element [1e] (“calculating with at least one computer, scheduled programming of the thermostatic controller for one
`or more times to control the heating ventilation and air conditioning system, the scheduled programming comprising at least
`a first automated setpoint at a first time”) and [9e] (“calculating scheduled programming of setpoints in the thermostatic
`controller based on the predicted rate of change, the scheduled programming comprising at least a first automated setpoint
`at a first time and a second automated setpoint at a second time to control the heating ventilation and air conditioning
`system”)
`
`Claim element [1h] (“generating with the at least one computer, a difference value based on comparing at least one of the
`actual setpoints at the first time for the thermostatic controller to the first automated setpoint for the thermostatic
`controller; detecting a manual change to the first automated setpoint by determining whether the at least one of the actual
`setpoint and first automated setpoint are the same or different based on the difference value”)
`
`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`5
`
`
`
`Ehlers ’330 teaches rates of change of inside temperature
`
`• Figure 3D illustrates rates of
`change of inside temperature.
`
`• Ehlers ’330 refers to thermal
`gain rates in terms of degrees F/
`hour.
`
`(Ex. 1004, ¶0253)
`
`(See also Ex. 1021, ¶¶3-25)(Ex. 1002, ¶¶92-100)
`
`(Pet., 34-43; Reply, 9-15)
`
`(Ex. 1004, Fig. 3D)
`
`(Ex. 1004, ¶0255)
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`SMITH BALUCH LLP
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`6
`
`
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`Ehlers ’330 teaches rates of change of inside temperature
`
`• Figure 3D illustrates rates of change of inside temperature when the HVAC system is “OFF.”
`
`(Ex. 1021, ¶6)(Shah testimony)
`
`(Ex. 1004, ¶0253)
`
`(See also Ex. 1002, ¶¶92-100)
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`(Pet., 34-43; Reply, 9-15)
`
`7
`
`
`
`Ehlers ’330 teaches rates of change of inside temperature
`
`• Dr. Palmer recognizes that Ehlers ’330 tracks “thermal gain” by
`tracking the inside temperature and the time when the HVAC
`system is “OFF.”
`
`(Ex. 1022, 175:7-11)(Palmer testimony)
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`SMITH BALUCH LLP
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`(Reply, 10, 12)
`
`8
`
`
`
`Ehlers ’330 teaches rates of change of inside temperature
`
`• Dr. Palmer recognizes that Ehlers
`’330 measures inside
`temperature over time when the
`HVAC system is “OFF.”
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`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Ex. 2008, ¶¶54, 56)(Palmer testimony)
`
`(POR, 19, 21; Reply, 9-10)
`
`9
`
`
`
`Ehlers ’330 teaches rates of change of inside temperature
`
`• Dr. Palmer recognizes that Ehlers ’330
`measures inside temperature over
`time when the HVAC system is “OFF.”
`
`(Ex. 2008, ¶¶59, 38)(Palmer testimony)
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`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Reply, 11)
`
`10
`
`
`
`Ehlers ’330 teaches rates of change of inside temperature
`
`• Dr. Palmer recognizes that “the initial set
`point” and “different outdoor
`temperatures” influence the thermal
`gain rates.
`
`(Ex. 2008, ¶55)(Palmer testimony)
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`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(POR, 20; Reply, 22)
`
`11
`
`
`
`Ehlers ’330 teaches rates of change of inside temperature
`
`• Dr. Palmer recognizes that it is “fairly
`straightforward” and “eas[y]” to calculate rates of
`change of inside temperature.
`
`(Ex. 1022, 173:14-20)(Palmer testimony)
`
`(See also Ex. 1021, ¶¶3-25)(Ex. 1002, ¶¶92-100)
`
`(Ex. 1023, 21:24-22:14)(Palmer testimony)
`(Pet., 34-43; Reply, 23)
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`12
`
`
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`Ehlers ’330’s terminology is similar to the ’597 patent
`
`(Ex. 1001, 5:17-33)
`
`(Ex. 1027, 16:24-17:19)
`(Palmer testimony)
`
`• The ’597 patent defines the “effective
`thermal mass for each [] structure” as
`“the speed with the temperature inside
`a given building will change in response
`to changes in outside temperature.”
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`(Reply, 11, 12, 22)
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`13
`
`
`
`Ehlers ’330 teaches rates of change of inside temperature
`
`• Mr. Shah’s testimony regarding Ehlers ’330 is
`consistent.
`
`(Ex. 1021, ¶12)(Shah testimony)
`
`(Ex. 2013, 27:9-21)(Shah testimony)
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`SMITH BALUCH LLP
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`(Reply, 12; Sur-reply, 5)
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`14
`
`
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`Ehlers ’330 Figures 3E and 3G are consistent
`
`(Ex. 1021, ¶21)(Shah testimony)
`
`(Ex. 1004, ¶0254, Figs. 3E, 3G)
`
`(Pet., 34-43; Reply, 12-15)
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`15
`
`
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`Ehlers ’330 Figures 3E and 3G are consistent
`
`HVAC system cycles “ON” and “OFF” to maintain the setpoint.
`
`
`
`(Ex. 1021, ¶20)(Shah testimony) (see also Ex. 1021, ¶¶16-25)
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`(Reply, 11-14)
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`16
`
`(Ex. 1004, Fig. 3E)
`
`
`
`Ehlers ’330 measures the thermal gain rate on a continuous basis
`
`• Ehlers ’330 also measures the thermal gain
`rate when the HVAC system is “ON.”
`
`(Ex. 1004, ¶0256, ¶0295, ¶0285)(see also Ex. 1021, ¶¶22-24)
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`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Pet., 34-43; Reply, 14-15)
`
`17
`
`
`
`Ehlers ’330 teaches rates of change of inside temperature
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`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Sur-reply, 7)
`
`18
`
`
`
`Ehlers ’330’s rates of change are
`“in response to . . . changes in outside temperature”
`
`(Ex. 1004, Fig. 3D, ¶0253)
`
`(Ex. 2008, ¶¶57, 55)(Palmer testimony)
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`SMITH BALUCH LLP
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`(Pet., 34-43; POR, 20-22; Reply, 10-11, 16-23)
`19
`
`
`
`Ehlers ’330’s rates of change are
`“in response to . . . changes in outside temperature”
`
`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Ex. 1004, Fig. 3E, ¶0254)
`
`(Pet., 34-43; Reply, 21-23)
`
`20
`
`
`
`Ehlers ’330 measures inside temperature
`
`• Ehlers ’330 provides illustrations of measured data
`
`(Ex. 1021, ¶34)(Shah testimony)
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`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Pet., 34-43; Reply, 16-23)
`
`21
`
`
`
`Principal Issues and Arguments
`
`Ground 1
`
`1.
`
`2.
`
`3.
`
`4.
`
`Ehlers ’330 teaches rates of change of inside temperature in response to changes in outside temperatures
`
`Claim element [1d] (“using the stored data to predict changes in temperature inside the structure in response to at least
`changes in outside temperatures”)
`
`Claim element [1e] (“calculating with at least one computer, scheduled programming of the thermostatic controller for one
`or more times to control the heating ventilation and air conditioning system, the scheduled programming comprising at least
`a first automated setpoint at a first time”) and [9e] (“calculating scheduled programming of setpoints in the thermostatic
`controller based on the predicted rate of change, the scheduled programming comprising at least a first automated setpoint
`at a first time and a second automated setpoint at a second time to control the heating ventilation and air conditioning
`system”)
`
`Claim element [1h] (“generating with the at least one computer, a difference value based on comparing at least one of the
`actual setpoints at the first time for the thermostatic controller to the first automated setpoint for the thermostatic
`controller; detecting a manual change to the first automated setpoint by determining whether the at least one of the actual
`setpoint and first automated setpoint are the same or different based on the difference value”)
`
`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`22
`
`
`
`Ehlers ’330’s rates of change are predictions: Example (1)
`
`1) Ehlers ’330 teaches that it uses the predicted
`rates of change to calculate a new offset
`temperature, thereby calculating a new setpoint
`for the HVAC system.
`
`2) For example, Ehlers ’330 uses the learned
`thermal gain rates to predict that a 33% run
`time will be maintained if the setpoint is allowed
`to change to 74 degrees F. This is because if the
`inside temperature changes by, for example, 2.7
`degrees F/hour while the system is OFF, then the
`system need only run for 33% of the time to
`recover the indoor temperature to the original
`setpoint.
`
`(Ex. 1021, ¶¶27-36)(see also Ex. 1002, ¶¶96-97)
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`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Ex. 1004, ¶0256)
`
`(see also Ex. 1004,
`¶0141, Figs. 3E, 3G)
`
`(Pet., 34-40; Reply, 17-20)
`23
`
`
`
`Ehlers ’330’s rates of change are predictions: Example (1)
`
`(Ex. 1004, ¶0256)
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`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Ex. 1021, ¶32)
`(Pet., 34-40; Reply, 17-20)
`
`24
`
`
`
`Ehlers ’330’s rates of change are predictions: Example (2)
`
`• Ehlers ’330 uses the predicted rates of change to calculate recovery time.
`
`(Ex. 1021, ¶37)(see also Ex. 1002, ¶98)(Shah testimony)
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`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Pet., 40-41; Reply, 20)
`
`25
`
`
`
`Ehlers ’330’s rates of change are predictions: Example (2)
`
`• Ehlers ’330 uses the predicted rates of change to calculate recovery time.
`
`(Ex. 1004, ¶0295)
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`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Pet., 40-41; Reply, 20)
`
`26
`
`
`
`Ehlers ’330’s rates of change are predictions: Example (2)
`
`• Ehlers ’330’s teachings are similar to those of the ’597 patent.
`
`(Ex. 1001, 5:35-40)
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`(Reply, 20)
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`27
`
`
`
`Ehlers ’330’s rates of change are predictions: Example (3)
`
`• Ehlers ’330 uses the predicted rates of change to
`control the ramping rate.
`
`(Ex. 1021, ¶38)(see also Ex. 1002, ¶99)(Shah testimony)
`
`(Pet., 41-42; Reply, 20-21)
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`28
`
`
`
`Ehlers ’330’s rates of change are predictions: Example (3)
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`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Sur-reply, 17)
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`29
`
`
`
`Ehlers ’330’s rates of change are predictions: Example (3)
`
`SMITH BALUCH LLP
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`(Reply, 20-21)
`
`30
`
`
`
`Principal Issues and Arguments
`
`Ground 1
`
`1.
`
`2.
`
`3.
`
`4.
`
`Ehlers ’330 teaches rates of change of inside temperature in response to changes in outside temperatures
`
`Claim element [1d] (“using the stored data to predict changes in temperature inside the structure in response to at least
`changes in outside temperatures”)
`
`Claim element [1e] (“calculating with at least one computer, scheduled programming of the thermostatic controller for
`one or more times to control the heating ventilation and air conditioning system, the scheduled programming comprising
`at least a first automated setpoint at a first time”) and [9e] (“calculating scheduled programming of setpoints in the
`thermostatic controller based on the predicted rate of change, the scheduled programming comprising at least a first
`automated setpoint at a first time and a second automated setpoint at a second time to control the heating ventilation
`and air conditioning system”)
`
`Claim element [1h] (“generating with the at least one computer, a difference value based on comparing at least one of the
`actual setpoints at the first time for the thermostatic controller to the first automated setpoint for the thermostatic
`controller; detecting a manual change to the first automated setpoint by determining whether the at least one of the actual
`setpoint and first automated setpoint are the same or different based on the difference value”)
`
`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`31
`
`
`
`Ehlers ’330 computes automated setpoints: Example (1)
`
`(Ex. 1004, ¶0256)
`
`SMITH BALUCH LLP
`
`(Ex. 1004, ¶0141)
`
`(Pet., 43-44; Reply, 24-25)
`(see also Ex. 1021, ¶¶27-36)(Ex. 1002, ¶¶101-102)
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`32
`
`
`
`Ehlers ’330 computes automated setpoints: Example (1)
`
`(Ex. 1027, 39:18-23)(Palmer testimony)
`
`(Ex. 2008, ¶57)(Palmer testimony)
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`SMITH BALUCH LLP
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`(Reply, 25)
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`33
`
`
`
`Ehlers ’330 computes automated setpoints: Examples (2) and (3)
`
`(Ex. 1029, 22)(EcoFactor claim construction argument)
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`SMITH BALUCH LLP
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`(Reply, 26)
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`34
`
`
`
`Ehlers ’330 computes automated setpoints: Example (2)
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`(Ex. 1002, ¶37)
`
`(Pet., 9)
`
`35
`
`
`
`Ehlers ’330 computes automated setpoints: Examples (2) and (3)
`
`(Ex. 1021, ¶37)(see also Ex. 1002, ¶¶98, 103)
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`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Pet., 40-41, 44-45; Reply, 25-26)
`
`36
`
`
`
`Ehlers ’330 computes automated setpoints: Examples (2) and (3)
`
`(Ex. 1004, ¶0246)
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`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Pet., 40-41, 44-45; Reply 25-26)
`37
`
`
`
`Principal Issues and Arguments
`
`Ground 1
`
`1.
`
`2.
`
`3.
`
`4.
`
`Ehlers ’330 teaches rates of change of inside temperature in response to changes in outside temperatures
`
`Claim element [1d] (“using the stored data to predict changes in temperature inside the structure in response to at least
`changes in outside temperatures”)
`
`Claim element [1e] (“calculating with at least one computer, scheduled programming of the thermostatic controller for one
`or more times to control the heating ventilation and air conditioning system, the scheduled programming comprising at least
`a first automated setpoint at a first time”) and [9e] (“calculating scheduled programming of setpoints in the thermostatic
`controller based on the predicted rate of change, the scheduled programming comprising at least a first automated setpoint
`at a first time and a second automated setpoint at a second time to control the heating ventilation and air conditioning
`system”)
`
`Claim element [1h] (“generating with the at least one computer, a difference value based on comparing at least one of the
`actual setpoints at the first time for the thermostatic controller to the first automated setpoint for the thermostatic
`controller; detecting a manual change to the first automated setpoint by determining whether the at least one of the
`actual setpoint and first automated setpoint are the same or different based on the difference value”)
`
`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`38
`
`
`
`Ehlers ’330 detects changes to automated setpoints
`
`(Ex. 1004, ¶¶0242-0243)
`
`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`(Pet., 50-54;
`Reply, 27-30)
`
`39
`
`
`
`Ehlers ’330 detects changes to automated setpoints
`
`(Ex. 1004, ¶¶0308-0309)
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`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Pet., 50-54; Reply, 27-30)
`
`40
`
`
`
`Ehlers ’330 detects changes to automated setpoints
`
`(Ex. 1030, 37:37-50)(“Ehlers ’956”)
`
`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Reply, 29)
`
`41
`
`
`
`The Petition argued that it would be obvious to detect
`changes to automated setpoints
`
`(Pet., 51)
`
`SMITH BALUCH LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`(Pet., 50-54;
`Reply, 27-30)
`42
`
`
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