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 .
Response to Arguments
Applicant’s arguments filed 10/14/2025 in view of the current amendments have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection are made, following:
Claim Objections
Claim 5 is objected to because of the following informalities: The amended claim ads the language, “and irrespective of outside temperature” which seems to missing the word “data”, or similar wording, at the end of the sentence, because it is obvious that external conditions would affect the performance of the boiler because the temperature of the incoming water would vary through the seasons, as well as the solar radiation collected or not received by the structure. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
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.
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 ambient temperature.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steve McAllister can be reached at (571) 272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN E BARGERO/Examiner, Art Unit 3762
/STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762