DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/30/2026 has been entered.
Response to Arguments
Applicant's arguments filed 4/30/2026 have been fully considered but they are not persuasive.
The applicant argues that the prior art, Cockerill (US 2008/0277488), does not anticipate the claims because Cockerill merely discusses a "method for adjusting the source activation time of a heating or cooling source" in the abstract and does not disclose, “adjusting an energy input provided to said boiler”; the Office respectfully disagrees. Cockerill discloses:
[0056] A continuing analysis by the micro-controller 16 of the sensor 12 at intervals over time will yield an actual demand activity of "on" status recordings over the total number of periodic demand status recordings. These readings may be made at any interval. The actual demand activity is compared to a user programmable ideal demand ratio. The result is a source activation time change factor. This factor is modified from a percentage to a number greater than 1 by multiplication by 10. It is further modified by multiplication by a user programmable time factor. Both the ideal demand ratio and the time factor are set by an installer and are based on experience with a particular system and the environmental variables of the structure. This yields a source activation time change factor which yields the change in time of the source activation time from the previous variable defined analysis time period. Should the actual demand ratio be above the ideal thermostat demand ratio, the micro-controller will increase the source activation time of source 18, thereby raising the energy in transfer medium 24 and consequently providing increased energy to controlled environment 14. If the source activation time change factor should be negative, the micro-controller will decrease the source activation time lowering the transfer medium 24 energy supply.
So, it is clear that the energy supplied to the boiler is increased or decreases as need be by running the boiler for a longer or shorter period of time; the Applicant is arguing adjusting the firing rate of the boiler or the intensity thereof as a means to adjust the energy input provided to the boiler, which is not recited in the claims.
The Applicant additionally argues that Cockerill never utilizes the actual number of times it's 'sensor' (thermostat) is on, during the defined time period, as part of its direct calculations to control the activation time of Cockerill's energy 'source'; again the Office respectfully disagrees.
Cockerill discloses:
[0053] During operation, the controlled environment sensor 12 is used to control the activation of the transfer medium circulator means 28 and provide demand status over a variable defined analysis time period and to store this information in the micro-controller 16, so that a history of periodic readings of actual activation status within the controlled environment 14 is available for analysis. For temperature the heat lost or gained by the controlled environment 14 will determined the activity of the sensor 12 where the number of "on" readings indicating demand for heat is compared to the total number of readings. Sensor 12 may also be configured to initiate source activation.
[0056] A continuing analysis by the micro-controller 16 of the sensor 12 at intervals over time will yield an actual demand activity of "on" status recordings over the total number of periodic demand status recordings. These readings may be made at any interval. The actual demand activity is compared to a user programmable ideal demand ratio. The result is a source activation time change factor. This factor is modified from a percentage to a number greater than 1 by multiplication by 10. It is further modified by multiplication by a user programmable time factor. Both the ideal demand ratio and the time factor are set by an installer and are based on experience with a particular system and the environmental variables of the structure. This yields a source activation time change factor which yields the change in time of the source activation time from the previous variable defined analysis time period. Should the actual demand ratio be above the ideal thermostat demand ratio, the micro-controller will increase the source activation time of source 18, thereby raising the energy in transfer medium 24 and consequently providing increased energy to controlled environment 14. If the source activation time change factor should be negative, the micro-controller will decrease the source activation time lowering the transfer medium 24 energy supply.
As understood by the Office the demand status is the number of time the thermostat is in the ON position divide by the total number of times the thermostat is either ON or OFF position which corresponds to if the boiler itself is ON or OFF over the defined analysis time period, and then operate the boiler accordingly, see bold sections above, which is what was claimed. The operation’s adjustment only relies on the switching on and off of the boiler by the thermostat.
Finally, the Applicant has argued that Cockerill relies on ambient temperatures for the adjustment as evidence in Cockerill’s written disclosure:
[0065] Turning now to the flowchart of FIG. 2a, the above procedure for monitoring demand and determining the source activation time is illustrated. The micro-controller starts up with a programmable source activation time (SAT) 52. The ideal thermostat demand ratio (ITDR) for the particular temperature controlled environment is programmed 54 and loaded into the micro-controller. Various parameters are considered, such as climate, season, cloud cover, wind, exposure, intended use of environment (office, storage, residential, equipment, computer systems, etc), and the operator determines the ideal demand ratio.
The Office respectfully disagrees, because the creation of the Ideal thermostat demand ratio (ITDR) is generated when the system is installed and is static, i.e., a benchmark to which the method compares the current demand ratio for adjustment purposes, it is a number such as 3 cycles per hour is ideal for the efficient functioning of the boiler. The operation of Cockerill does not require an outside temperature sensor for proper operation of boiler, just as in the claim language. The calculation are performed void of any temperature feedback.
Claim Objections
Claim 5 is no longer objected to because of the submitted amendments
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cockerill (US 2008/0277488).
Regarding claim 1 , Cockerill (C) discloses an increased efficiency boiler system, said boiler system comprising: a boiler (18,[0049]); a thermostat (12, 60) in operative communication with said boiler ([0048]); a controller (16), said controller being in communication with said boiler ([0051]) and said thermostat and selectively exchanging data with said boiler and said thermostat; wherein said controller determines a proportional time period reflecting how long said thermostat is requesting heat from said boiler within a predetermined time period in dependence upon said exchange of data ([0068-0070],i.e., SATCF); said controller further determining a cycle frequency reflecting the number of times said thermostat is requesting heat from said boiler within said predetermined time period ([0067], i.e., ATDR); and said controller adjusting an energy input provided to said boiler in dependence upon said proportional time period and said cycle frequency ([0076-0078]), without requiring any ambient temperature data.
Regarding claim 2, Cockerill (C) discloses the increased efficiency boiler system according to claim 1, wherein: said determination of said cycle frequency includes communicating said cycle frequency from said thermostat to said controller ([0077]).
Regarding claim 3, Cockerill (C) discloses the increased efficiency boiler system according to claim 1, wherein: a thermal output of said boiler is adjusted when said input energy is adjusted ([0077-0078]).
Regarding claim 4, Cockerill (C) discloses the increased efficiency boiler system according to claim 1, wherein: said cycle frequency is the number of times said thermostat changes state from OFF to ON, or from ON to OFF, within said predetermined time period ([0067], i.e., ATDR).
Regarding claim 5, Cockerill (C) discloses a boiler system, said boiler system comprising: a boiler (18,[0049]); a thermostat (12,60) in active operative communication with said boiler ([0048]); a controller (16), said controller being in communication with said boiler and said thermostat and selectively exchanging data with said boiler and said thermostat ([0051]); wherein said controller determines how long said thermostat is communicating with said boiler in total ([0068-0070],i.e., SATCF), within a predetermined time period; wherein said controller further determining the number of times said thermostat is requesting heat from said boiler, within said predetermined time period ([0067], i.e., ATDR); and said controller adjusting an energy input provided to said boiler in dependence upon said determinations of said controller ([0076-0078]), and irrespective of outside temperature data.
Regarding claim 8, Cockerill (C) discloses a method of controlling a boiler system, said method comprising the steps of: providing a boiler(18,[0049]) to be in communication with a thermostat (12,60); providing a controller (16), said controller being in communication with said boiler and said thermostat and selectively exchanging data with said boiler and said thermostat ([0051]); employing said controller to determine a duty cycle of said boiler in dependence upon said communication with said thermostat and said boiler ([0068-0070],i.e., SATCF), said duty cycle occurring within a predetermined time period, wherein said controller further determines the number of times said duty cycle occurs within said predetermined time period ([0067], i.e., ATDR); and employing said controller to adjust an energy input provided to said boiler in dependence upon said determinations of said controller ([0076-0078]), without consideration of outdoor climate data.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN E BARGERO whose telephone number is (571)270-1770. The examiner can normally be reached Monday-Friday.
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/JOHN E. BARGERO/
Examiner
Art Unit 3762
` /HELENA KOSANOVIC/ Supervisory Patent Examiner, Art Unit 3762
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