Petitioner’s Demonstratives
`ECOBEE TECHNOLOGIES, ULC, Petitioner, v. ECOFACTOR, INC.,
`Patent Owner
`
`IPR2022‐00969 and ‐00983
`U.S. Patent No. 8,596,550
`
`August 18, 2023 Oral Hearing
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1024
`ecobee v. EcoFactor
`IPR2022-00969, -00983
`
`
`ECOBEE TECHNOLOGIES, ULC, Petitioner, v. ECOFACTOR, INC.,
`Patent Owner
`
`IPR2022‐00969 and ‐00983
`U.S. Patent No. 8,596,550
`
`August 18, 2023 Oral Hearing
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Exhibit 1024
`ecobee v. EcoFactor
`IPR2022-00969, -00983
`
`
`
`Grounds
`
`Ground
`
`Claim(s)
`
`Basis for Unpatentability (IPR2022-00983)
`
`1
`
`2
`
`1-16
`
`9-16
`
`Ehlers in view of Wruck
`
`Ehlers in view of Wruck and Harter
`
`Ground
`
`Claim(s)
`
`Basis for Unpatentability (IPR2022-00969)
`
`1
`
`2
`
`17-23
`
`17-23
`
`Ehlers in view of Wruck
`
`Ols in view of Boait and Wruck
`
`© 2023 / Slide 2
`
`
`
`The ’550 Patent
`
`1. [1a] A method for detecting manual changes to the setpoint for a thermostatic controller comprising:
`
`[1b] accessing stored data comprising a plurality of internal temperature measurements taken within a
`structure and a plurality of outside temperature measurements relating to temperatures outside the
`structure;
`[1c]using the stored data to predict a rate of change of temperatures inside the structure in response to at
`least changes in outside temperatures;
`[1d] calculating with one or more computer processors, scheduled programming of the thermostatic
`controller for one or more times based on the predicted rate of change, the scheduled programming
`comprising at least a first automated setpoint at a first time;
`[1e] generating with one or more computer processors, a difference value based on comparing an actual
`setpoint at the first time for said thermostatic controller to the first automated setpoint for said
`thermostatic controller;
`[1e] detecting a manual change to the first automated setpoint by determining whether said actual
`setpoint and said first automated setpoint are the same or different based on said difference value; and
`
`[1f] logging said manual change to a database associated with the thermostatic controller.
`
`© 2023 / Slide 3
`
`
`
`The ’550 Patent
`
`9. [9a] A method for incorporating manual changes to the setpoint for a thermostatic controller into long-term
`programming of said thermostatic controller comprising:
`[9b] accessing stored data comprising a plurality of internal temperature measurements taken within a
`structure and a plurality of outside temperature measurements relating to temperatures outside the structure;
`[9c] using the stored data to predict a rate of change of temperatures inside the structure in response to at least
`changes in outside temperatures;
`[9d] 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;
`[9e] comparing the actual setpoint at the first time for said thermostatic controller to the first automated
`setpoint for said thermostatic controller;
`[9e] detecting a manual change to the first automated setpoint by determining whether said actual setpoint and
`said first automated setpoint are the same or different;
`[9f] changing the second automated setpoint at the second time based on at least one rule for the interpretation
`of said manual change.
`
`© 2023 / Slide 4
`
`
`
`The ’550 Patent
`
`17. [17a] An apparatus for detecting manual changes to the setpoint for a thermostatic controller comprising:
`[17b] at least a programmable communicating thermostat;
`[17c] at least a remote processor;
`[17d] at least a network connecting said remote processor and said communicating;
`[17e] at least a database comprising a plurality of internal temperature measurements taken within a structure and a
`plurality of outside temperature measurements relating to temperatures outside the structure;
`[17f] computer hardware comprising one or more computer processors configured to use the stored data to predict a rate
`of change of temperatures inside the structure in response to changes in outside temperatures;
`
`[17g] the one or more computer processors configured to calculate scheduled setpoint programming of the programmable
`communicating thermostat for one or more times based on the predicted rate of change, the scheduled programming
`comprising one or more automated setpoints;
`[17h] at least a database that stores the one or more automated setpoints associated with the scheduled programming for
`said programmable communicating thermostat;
`
`[17i] at least a database that stores actual setpoint programming of said programmable communicating thermostat; and
`[17j] the one or more computer processors configured to compare the one or more automated setpoints associated with
`said scheduled setpoint programming with said actual setpoint programming.
`
`© 2023 / Slide 5
`
`
`
`The ’550 Patent
`
`Ex. 1001, 5:5-16.
`
`Reply, 17; Pet., 21-22.
`
`© 2023 / Slide 6
`
`
`
`The ’550 Patent
`
`Ex. 1001, 5:17-34.
`
`Reply, 17; Pet., 7, 21-22.
`
`© 2023 / Slide 7
`
`
`
`Claim Construction
`
`Pet., 12-13.
`
`© 2023 / Slide 8
`
`
`
`Person of Ordinary Skill
`
`Reply, 2-3.
`
`© 2023 / Slide 9
`
`
`
`Ground 1 – Ehlers and Wruck
`
`“Thermal Gain”
`
`• Claim language: “predict a rate of change of temperatures inside the structure in response to
`at least changes in outside temperatures”
`• Patent Owner asserts that “thermal gain” is the absorption of energy. POR, 14-16.
`• Patent Owner does not dispute that the lines in Ehlers’ Fig. 3D “reflect temperatures.”
`
`-00969 POR, 15.
`
`Reply, 6.
`
`© 2023 / Slide 10
`
`
`
`Ground 1 – Ehlers and Wruck
`
`“Thermal Gain”
`
`Reply, 6-8; Pet., 15-16.
`
`© 2023 / Slide 11
`
`
`
`Ground 1 – Ehlers and Wruck
`
`“Thermal Gain”
`
`Ex. 1022, 58:4-19.
`
`Reply, 7-8.
`
`Ex. 1022, 59:5-15.
`
`© 2023 / Slide 12
`
`
`
`Ground 1 – Ehlers and Wruck
`
`“Thermal Gain”
`
`Ex. 1004, ¶[0255].
`
`Ex. 1022, 53:6-11.
`
`Reply, 4.
`
`© 2023 / Slide 13
`
`
`
`Ground 1 – Ehlers and Wruck
`
`“Thermal Gain”
`
`Ex. 1022, 50:2-8.
`
`Reply, 4.
`
`© 2023 / Slide 14
`
`
`
`Ground 1 – Ehlers and Wruck
`
`“Thermal Gain”
`
`• Patent Owner argues that Ehlers’ Figs. 3E and 3G indicate a continuous increase in
`temperature over a 24-hour period. POR, 16-20.
`• Problems with Patent Owner’s argument:
`• Ehlers used a fixed setpoint for the entire period depicted. Ex. 1004, ¶[0025].
`• HVAC systems cycle on and off to keep the inside temperature substantially
`constant. Ex. 1022, 107:16-108:3.
`• Ehlers’s Figs. 3E and 3G depicts duty cycles (“HVAC RUN%”).
`• Thus, the rate of thermal gain in Figs. 3E and 3G corresponds to the predicted rate
`of gain learned from the testing in Fig. 3D. Ex. 1023, ¶21.
`
`Reply, 9-11.
`
`© 2023 / Slide 15
`
`
`
`Ground 1 – Ehlers and Wruck
`
`“Thermal Gain”
`
`Reply, 9-10.
`
`© 2023 / Slide 16
`
`
`
`Ground 1 – Ehlers and Wruck
`
`“Thermal Gain”
`
`Ex. 1022, 107:16-108:3.
`
`Reply, 9-10.
`
`© 2023 / Slide 17
`
`
`
`Ground 1 – Ehlers and Wruck
`
`“Thermal Gain”
`
`Ex. 1022, 97:2-10.
`
`Reply, 9-10.
`
`Ex. 1022, 102:6-21.
`© 2023 / Slide 18
`
`
`
`Ground 1 – Ehlers and Wruck
`
`“Thermal Gain”
`
`Reply, 7, 11.
`
`© 2023 / Slide 19
`
`
`
`Ground 1 – Ehlers and Wruck
`
`“Thermal Gain”
`
`Ex. 1004, ¶[0256].
`
`Reply, 10-11.
`
`© 2023 / Slide 20
`
`
`
`Ground 1 – Ehlers and Wruck
`
`“Using the stored data to predict a rate of change of temperatures inside the
`structure in response to at least changes in outside temperatures”
`
`Ex. 1004, ¶[0253].
`
`Ex. 1004, ¶[0256].
`
`Ex. 1004, ¶[0256].
`
`Reply, 9-13.
`
`© 2023 / Slide 21
`
`
`
`Ground 1 – Ehlers and Wruck
`
`“Calculating … scheduled programming
`… based on the predicted rate of
`change, the scheduled programming
`comprising at least a first automated
`setpoint at a first time”
`
`• Patent Owner argues that because the user
`may affect how much the offset setpoint may
`stray from the original setpoint, the offset
`setpoint is not “automated.” POR, 35-36.
`
`Reply, 13-16.
`
`Ex. 1004, ¶[0255].
`© 2023 / Slide 22
`
`
`
`Ground 1 – Ehlers and Wruck
`
`“Calculating … scheduled programming … based on the predicted rate of
`change, the scheduled programming comprising at least a first automated
`setpoint at a first time”
`
`Ex. 1004, ¶[0256].
`
`Ex. 1004, ¶[0150].
`
`Reply, 13-15.
`
`© 2023 / Slide 23
`
`
`
`Ground 1 – Ehlers and Wruck
`
`“Calculating … scheduled programming … based on the predicted rate of
`change, the scheduled programming comprising at least a first automated
`setpoint at a first time”
`
`Ex. 1022, 66:7-14.
`
`Reply, 10-11, 14-15.
`
`© 2023 / Slide 24
`
`Ex. 1022, 68:12-22.
`
`
`
`Ground 1 – Ehlers and Wruck
`
`“Calculating … scheduled programming … based on the predicted rate of
`change, the scheduled programming comprising at least a first automated
`setpoint at a first time”
`
`Ex. 1022, 121:22-122:17.
`
`Reply, 14-15.
`
`© 2023 / Slide 25
`
`
`
`Ground 1 – Ehlers and Wruck
`
`“Calculating … scheduled programming … based on the predicted rate of
`change, the scheduled programming comprising at least a first automated
`setpoint at a first time”
`
`Ex. 1005, ¶[0295].
`
`Ex. 1001, 5:35-40.
`
`Ex. 1005, ¶[0255].
`
`Pet., 15-16, 35; Reply, 9, 15.
`
`© 2023 / Slide 26
`
`
`
`Ground 1 – Ehlers and Wruck
`
`“Calculating … scheduled programming … based on the predicted rate of
`change, the scheduled programming comprising at least a first automated
`setpoint at a first time”
`
`Ex. 1023, ¶28.
`
`Reply, 15-16.
`
`© 2023 / Slide 27
`
`
`
`Ground 1 – Ehlers and Wruck (-00983)
`
`“Generating … a difference value based on comparing an actual setpoint at
`the first time ... to the first automated setpoint”
`
`Ex. 1004, ¶[0309].
`
`Ex. 1004, ¶[0242].
`
`Reply, 16-17; Pet., 15-19.
`
`© 2023 / Slide 28
`
`
`
`Ground 1 – Ehlers and Wruck
`
`“Generating … a difference value based on comparing an actual setpoint at
`the first time ... to the first automated setpoint”
`
`Ex. 1022, 128:15-20.
`
`Ex. 1022, 127:12-22.
`
`Reply, 17.
`
`© 2023 / Slide 29
`
`
`
`Ground 1 – Ehlers and Wruck
`
`The Claimed Difference Value
`
`Ex. 1005, Table 28.
`
`Reply, 18; Pet., 19-21.
`
`© 2023 / Slide 30
`
`
`
`Ground 1 – Ehlers and Wruck
`
`The Claimed Difference Value
`
`Ex. 1022, 134:18-20.
`
`Ex. 1022, 139:9-14.
`
`Reply, 18-19.
`
`© 2023 / Slide 31
`
`
`
`Ground 2 – Ols, Boait, and Wruck (-00969)
`
`Combination
`
`•
`
`“Ols explains that learning algorithms may predict a rate of change of temperatures
`inside the structure in response to particular conditions, including outdoor climate
`conditions. … Boait similarly describes utilizing outside temperature to predict a rate of
`change of temperature inside the structure, and further teaches that it was known to
`utilize the predicted rate of change inside, due to temperatures outside, to determine
`scheduled setpoint programming.” Pet., 52.
`
`Pet., 52.
`
`© 2023 / Slide 32
`
`
`
`Ground 2 – Ols, Boait, and Wruck (-00969)
`
`Patent Owner’s Arguments
`
`• Whether there is a motivation to combine the references. POR, 48.
`• Whether there is a prediction of a rate of change of inside temperature in response to
`“changes” in outside temperatures. POR, 50-54.
`• Whether Ols and Boait suggest calculating setpoint programming based on the
`predicted rate of change of inside temperatures, where:
`•
`in one embodiment, Ols implements its setpoints using air registers; and
`• Ols describes optionally relying on humidity readings. POR, 55.
`
`Reply, 19-25; POR, 48, 50-55.
`
`© 2023 / Slide 33
`
`
`
`Ground 2 – Ols, Boait, and Wruck (-00969)
`
`Motivation to Combine
`• Ols and Boait are directed to similar systems.
`• Ols
`•
`“Heating and cooling equipment.” Ex. 1006, 1:34-42.
`•
`“heating/AC system 104, which includes … air conditioner 108 and heater 110. In
`this specification, the term ‘heating/AC’ and ‘HVAC’ may be substituted for one
`another for one another in any place in the specification.” Ex. 1006, 3:16-34
`• Boait
`•
`“relates to electronic control units for central heating systems … that can use real-
`time and predictive inference processes to control the central heating systems.”
`Ex. 1007, 1:6-8.
`“The electronic control unit can be used with any suitable central heating system
`for heating and/or cooling a building.” Ex. 1007, 3:1-13 (“can also be a
`conventional ‘air based’ system”).
`
`•
`
`Reply, 19-20; Pet., 53-54.
`
`© 2023 / Slide 34
`
`
`
`Ground 2 – Ols, Boait, and Wruck (-00969)
`
`Motivation to Combine
`
`Ex. 1022, 141:13-16.
`
`Reply, 19-20.
`
`© 2023 / Slide 35
`
`
`
`Ground 2 – Ols, Boait, and Wruck (-00969)
`
`•
`
`“Using the stored data to predict a rate of change of temperatures inside the
`structure in response to at least changes in outside temperatures”
`Ols
`“the processor system of the controller may include a neural net or Turing machine
`control (such as a conventional feedback loop),” where “[a]s a result of learning from
`historical data, the adjustment to the parameter may be computed to take into
`account the slower temperature response as a result of the higher load that is
`normally in the room.” Ex. 1006, 11:53-12:34; 19:1-24.
`“the outdoor climate conditions are used as factors for determining settings and
`actions.” Ex. 1006, 19:1-24.
`
`•
`
`Pet., 59-60.
`
`© 2023 / Slide 36
`
`
`
`Ground 2 – Ols, Boait, and Wruck (-00969)
`
`“Using the stored data to predict a rate of change of temperatures inside the
`structure in response to at least changes in outside temperatures”
`Boait
`• Calculates “[t]he specific thermal capacity of the house Q (Joules/°C) and the
`specific heating load L (Watts/°C of temperature difference between the inside and
`outside of the house).” Ex. 1007, 20:1-6.
`“The electronic control unit can then use the specific thermal capacity … and the
`current heat load … to calculate … [the] time that the central heating boiler must
`start [] providing hot water to the radiators. For example, on a very cold morning if
`the predicted morning start time is 6.30 am then the central heating boiler can be
`turned on … earlier (at say 5.45 am) so that the house has been heated up to the …
`setpoint by the time the [] morning start time is reached.” Ex. 1007, 20:22-29.
`
`•
`
`Pet., 61-63.
`
`© 2023 / Slide 37
`
`
`
`Ground 2 – Ols, Boait, and Wruck (-00969)
`
`“Using the stored data to predict a rate of change of temperatures inside the
`structure in response to at least changes in outside temperatures”
`
`Ex. 1022, 162:3-19.
`
`Ex. 1022, 160:2-17.
`Reply, 21.
`
`© 2023 / Slide 38
`
`
`
`Ground 2 – Ols, Boait, and Wruck (-00969)
`
`“Using the stored data to predict a rate of change of temperatures inside the
`structure in response to at least changes in outside temperatures”
`Boait’s Teaching
`Claim Language
`
`Ex. 1022, 163:10-19.
`
`Ex. 1022, 43:4-44:10.
`
`Reply, 21-22.
`
`© 2023 / Slide 39
`
`
`
`Ground 2 – Ols, Boait, and Wruck (-00969)
`
`“Calculating … scheduled programming … based on the predicted rate of
`change, the scheduled programming comprising at least a first automated
`setpoint at a first time”
`
`Ols
`• Setpoint temperatures 1024 are “computed value[s]” offset from user desired
`temperature 1022, based on environmental conditions, “in order to conserve energy
`and/or to better meet other needs of the system.” Ex. 1006, 31:20-42.
`• System 100 “include[s] instructions for analyzing (e.g. evaluating and/or comparing)
`the retrieved values as part of computing (1) whether to implement directives and
`settings … (e.g. a degree of change in settings required to obtain a desired climate),
`(2) when to implement the directives and/or settings, and (3) how to implement the
`directives and settings optimally and efficiently.” Ex. 1006, 26:27-48.
`
`Pet., 50, 64.
`
`© 2023 / Slide 40
`
`
`
`Ground 2 – Ols, Boait, and Wruck (-00969)
`
`“Calculating … scheduled programming … based on the predicted rate of
`change, the scheduled programming comprising at least a first automated
`setpoint at a first time”
`• Ols does not limit automated programming to humidity levels. Ex. 1006, 31:37-42.
`
`Reply, 23-24.
`
`Ex. 1022, 147:12-148:7.
`
`© 2023 / Slide 41
`
`
`
`Ground 2 – Ols, Boait, and Wruck (-00969)
`
`“Calculating … scheduled programming … based on the predicted rate of
`change, the scheduled programming comprising at least a first automated
`setpoint at a first time”
`
`•
`
`•
`
`Boait
`“the room temperature profile will be automatically adjusted so that it is raised or
`lowered smoothly over a predetermined period of time.” Ex. 1007, 22:4-12.
`“The entire temperature profile can also be automatically shifted up or down
`depending on the air temperature outside the house. For example, if the air
`temperature measured by the external temperature sensor 16 is relatively high (say
`within about 5 C of the room temperature setpoint at any particular instant in time)
`then the whole room temperature profile can be lowered.” Ex. 1007, 22:16-24.
`
`Pet., 50, 64.
`
`© 2023 / Slide 42
`
`
`
`Ground 2 – Ols, Boait, and Wruck (-00969)
`
`“Calculating … scheduled programming … based on the predicted rate of
`change, the scheduled programming comprising at least a first automated
`setpoint at a first time”
`
`• Patent Owner’s “air register” argument.
`• Ols is not limited to particular types of systems. Ex. 1006, 1:34-42, 3:16-34.
`• The claims do not specify how the setpoint is to be reached.
`
`Reply, 19, 23.
`
`© 2023 / Slide 43
`
`
`
`Ground 2 – Ehlers, Wruck, and Harter (-00983)
`
`“changing the second automated setpoint … based on at least one rule for the
`interpretation of said manual change”
`
`Ex. 1019, 3:19-28.
`
`Pet., 63-66.
`
`Ex. 1019, 4:14-29.
`
`© 2023 / Slide 44
`
`
`
`© 2023 Venable LLP.
`This document is published by the law firm Venable LLP. It is not intended to provide
`legal advice or opinion. Such advice may only be given when related to specific fact
`situations that Venable has accepted an engagement as counsel to address.
`
`
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