Disputed Constructions

Term
“rate of change in inside
temperature” (’488 patent
claims 1, 9; ’327 patent

Plaintiff’s Proposal

Defendants’ Proposal

“the difference between two “the difference between

inside temperature
measurements over a

inside temperature
measurements divided by the
span of time between the

claims 1, 11); “rate of change particular span of time

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 – Plain and ordinary meaning; Indefinite due to lack of

between the measurements” measurements (i.e., ∆T/∆t)”

Plain and ordinary meaning; “determination [of the

no construction necessary.

claimed property] by an
instrument by using
standardized units”

Indefiniteness

no construction necessary.

essential structural
connections, under In re
Collier, 397 F.2d 1003
(C.C.P.A. 1968), and its
progeny.
Plain and ordinary meaning; “a user intentionally

“user interface actions

intended to alter a state of one no construction necessary.
or more of said [networked]
electronic devices” (’492
patent claims 1, 10)
“receiving [receives] input

interacting with the device’s
graphic user interface to alter
the device’s state and indicate
whether the structure is
occupied”
Plain and ordinary meaning; “a user inputting a response

from said one or more users” no construction necessary.
(’492 patent claims 1, 10);
“said input from said one or
more users” (’492 patent
claims 1, 9, 10, 18)
“outside temperature” (’488 “the temperature at a location “the actual temperature at a
patent claims 1, 2, 9, 10; ’327 outside (or external to) [the location outside (or external

to a prompt on the graphic
user interface [display] of the
one or more networked
electronic devices”

structure]”

patent claims 1, 2, 11, 12)

to) [the structure]”