Case: 23-1101

Document: 15

Page: 286

Filed: 05/09/2023

Case 6:20-cv-00075-ADA Document 40 Filed 11/17/20 Page 3 of 7

Disputed Constructions
Term
“rate of change in inside
temperature” (’488 patent
claims 1, 9; ’327 patent
claims 1, 11); “rate of change
in temperature inside the
[said] structure” (’488 patent
claims 8, 16; ’327 patent
claims 5, 15)
“measurement[s]”
[“measurement[s]”;
“measurement of outside
temperatures”; “temperature
measurement inside a
structure”; “temperature
measurements from inside the
structure”; “measurement of
at least one characteristic of
the building”; “measurement
of the current outdoor
temperature”] (’488, ’327,
and ’382 patents, all claims)
’488 Patent Claims 1 and 9 –
Indefiniteness

Plaintiff’s Proposal
“the difference between two
inside temperature
measurements over a
particular span of time
between the measurements”

Defendants’ Proposal
“the difference between
inside temperature
measurements divided by the
span of time between the
measurements (i.e., ∆T/∆t)”

Plain and ordinary meaning;
no construction necessary.

“determination [of the
claimed property] by an
instrument by using
standardized units”

Plain and ordinary meaning;
no construction necessary.

“user interface actions
intended to alter a state of one
or more of said [networked]
electronic devices” (’492
patent claims 1, 10)

Plain and ordinary meaning;
no construction necessary.

“receiving [receives] input
from said one or more users”
(’492 patent claims 1, 10);
“said input from said one or
more users” (’492 patent
claims 1, 9, 10, 18)
“outside temperature” (’488
patent claims 1, 2, 9, 10; ’327
patent claims 1, 2, 11, 12)

Plain and ordinary meaning;
no construction necessary.

Indefinite due to lack of
essential structural
connections, under In re
Collier, 397 F.2d 1003
(C.C.P.A. 1968), and its
progeny.
“a user intentionally
interacting with the device’s
graphic user interface to alter
the device’s state and indicate
whether the structure is
occupied”
“a user inputting a response
to a prompt on the graphic
user interface [display] of the
one or more networked
electronic devices”

“the temperature at a location “the actual temperature at a
outside (or external to) [the
location outside (or external
structure]”
to) [the structure]”

2

Appx6752

