DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/30/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to the newly amended claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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 1,3-4, 9,15, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Munsterhuis (US 2005/0161518) and Guens et al. (US 4,557,293).
Regarding claim 1, Munsterhuis (M) discloses a water heater (100,Figure 1) comprising: a thermoelectric device (170, [0028]) that converts thermal energy to electrical energy to power components of the water heater; a valve (300, [0028]) configured to control whether there is a gas flow to cause a flame; and a controller (200) configured to: receive power from the electrical energy generated by the thermoelectric device (170, [0030]), periodically determine one or more electrical parameters for holding the valve in an open state based at least in part on information indicative of whether the valve is in the open state; and cause a current to flow through the valve based on the determined one or more electrical parameters and determine an amount of electrical energy generated by the thermoelectric device, determine when the valve deviates from the open state based on the amount of the electrical energy generated by the thermoelectric device ([0033], the valve is opened or closed based on the current or voltage received from the Thermoelectric device.).
Munsterhuis (M) does not disclose that the controller is configured to: provide a holding amount of the one or more electrical parameters to hold the valve in the open state, alter the one or more electrical parameters to cause the valve to deviate from the open state, determine a revised holding amount, wherein the revised holding amount is an offset from the holding amount based on the alteration to the one or more electrical parameters that caused the valve to deviate from the open state, wherein the information indicative of whether the valve is in the open state is the amount of the electrical energy generated by the thermoelectric device, and cause, subsequent to at least one of the periodic determinations, a current to flow through the valve based on the revised holding amount to hold the valve in the open state.
However, Guens (G) discloses and electro- hydraulic valve controller (Abstract) wherein the controller (14) is configured to: provide a holding amount of the one or more electrical parameters to hold the valve in the open state (C2, L45-62, The current and/or voltage must have been known in order for the device change position), alter the one or more electrical parameters to cause the valve to deviate from the open state (C3,L3-10), determine a revised holding amount, wherein the revised holding amount is an offset from the holding amount based on the alteration to the one or more electrical parameters that caused the valve to deviate from the open state, wherein the information indicative of whether the valve is in the open state is the amount of the electrical energy generated by the thermoelectric device, and cause, subsequent to at least one of the periodic determinations, a current to flow through the valve based on the revised holding amount to hold the valve in the open state (C3,L15-26, L37-44).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to modify Munsterhuis water heater with the valve controller of Guens for the purpose of reducing energy required to maintain the solenoid switch in the operating position. As a clarification, the current claim discloses operating a water heater with a solenoid gas valve that determines an amount of electrical energy generated by the thermoelectric device, which Munsterhuis (M) discloses, because without a threshold amount of energy derived from the flame the valve would close, so there is a determination and then a comparison and then a decision being made - open or close the valve.
Guens (G) discloses that the holding current or voltage of the valve is modified because as springs age or other factors there is reduction in the amount of energy needed to hold the valve in place, so the device of Munsterhuis (M) would function as normal, with the exception of the value of the energy (current or voltage) generated by the thermoelectric device, i.e., the threshold value has been changed.
Regarding claim 3, Munsterhuis (M), as modified, discloses the water heater of claim 1, wherein the information indicative of whether the valve (M-300) is in the open state is an increase or a decrease in the amount of the electrical energy generated by the thermoelectric device (M-170), and wherein the controller (M-240) is configured to determine the increase or the decrease in the amount of the electrical energy generated by the thermoelectric device (M-[0049], i.e. when the pilot is not lit no voltage is output) and wherein the controller is configured to determine when the valve deviates from the open state based on the increase or the decrease of the electrical energy (C4, L29-53) generated by the thermoelectric device. As a clarification, the Office contends that the source of the electrical energy is a moot point because the solenoid will act in the same fashion regardless of the energy source. (M- The valve is deactivated due to lack of sufficient voltage or current).
Regarding claim 4, Munsterhuis (M), as modified, discloses the water heater of claim 1, wherein the information indicative of whether the valve is in the open state is at least one of a voltage supplied to the valve device (M-[0049], i.e. when the pilot is not lit no voltage is output), an inductive signature of the valve, or a current supplied to the valve, wherein the controller (M-240) is configured to determine one or more of the voltage supplied to the valve (M-300), the inductive signature of the valve, or the current supplied to the valve, and wherein the controller (14) is configured to determine when the valve deviates from the open state based on an increase or a decrease in the at least one of the voltage supplied to the valve, the inductive signature of the valve, or the current supplied to the valve (C3,L15-26, L37-44).
Regarding claim 9, Munsterhuis (M), as modified, discloses the water heater of claim 1, wherein the thermoelectric device (M-170) converts thermal energy from a pilot flame to electrical energy (M- [0049]), and wherein the gas flow is a main gas flow in thermal communication with the pilot flame (M-195), and wherein the flame is a main burner flame (M- [0028]) caused by the thermal communication between the pilot flame and the main gas flow.
Regarding claim 15, Munsterhuis (M), discloses a water heater comprising: a first valve operator (410, [0043]) configured to receive a first portion of electrical power to operate a first valve; a second valve operator (550, [0046]) configured to receive a second portion of electrical power to operate a second valve; an energy system configured to provide the first portion of electrical power to the first valve operator to ignite a pilot flame ([0028]); a thermoelectric device (170, [0030]) configured to convert thermal energy from the pilot flame to generate electrical energy to power components of the water heater, wherein the thermoelectric device is configured to provide the second portion of electrical power to the second valve operator when the thermoelectric device generates power (704,706, Figure 9); and a controller configured to: receive power from the electrical energy generated by the thermoelectric device when the pilot flame is ignited (706).
Munsterhuis does not disclose periodically determining one or more electrical parameters, including at least one of a voltage or a current provided to one of the first valve operator or the second valve operator, required by the one of the first valve operator or the second valve operator to cause a valve to hold an open state based at least in part on information indicative of whether the valve is in the open state, wherein the valve is one of the first valve or the second valve, and wherein to determine the one or more electrical parameters the controller is configured to; provide a holding amount of the one or more electrical parameters to hold the valve in the open state, alter the one or more electrical parameters to cause the valve to deviate from the open state, and determine when the valve deviates from the open state; decrease, with the valve in the open state, the one or more electrical parameters until the valve deviates from the open state, thereby determining a closing amount of the one or more electrical parameters, and determine a revised holding amount, wherein the revised holding amount is an offset from the holding amount based on the alteration to the one or more electrical parameters that caused the valve to deviate from the open state; and cause, subsequent to at least one of the periodic determinations, a current to flow through the one of the first valve operator or the second valve operator based on the revised holding amount to the one of the first valve operator or the second valve operator to hold the valve in the open state, or an energy storage system.
However, Guens (G) discloses an electro- hydraulic valve controller (Abstract) wherein the controller (14) periodically determines one or more electrical parameters, including at least one of a voltage or a current provided to one of the first valve operator or the second valve operator, required by the one of the first valve operator or the second valve operator to cause a valve to hold an open state based at least in part on information indicative of whether the valve is in the open state (C2, L45-62, The current and/or voltage must have been known in order for the device change position), wherein the valve is one of the first valve or the second valve, and wherein to determine the one or more electrical parameters the controller is configured to; provide a holding amount of the one or more electrical parameters to hold the valve in the open state, alter the one or more electrical parameters to cause the valve to deviate from the open state (C3,L3-10), and determine when the valve deviates from the open state; decrease, with the valve in the open state, the one or more electrical parameters until the valve deviates from the open state, thereby determining a closing amount of the one or more electrical parameters, and determine a revised holding amount (C3,L15-26, L37-44), wherein the revised holding amount is an offset from the holding amount based on the alteration to the one or more electrical parameters that caused the valve to deviate from the open state; and cause, subsequent to at least one of the periodic determinations, a current to flow through the one of the first valve operator or the second valve operator based on the revised holding amount to the one of the first valve operator or the second valve operator to hold the valve in the open state, or an energy storage system.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to modify Munsterhuis water heater with the valve controller of Guens for the purpose of reducing energy required to maintain the solenoid switch in the operating position.
Regarding claim 19, Munsterhuis (M), discloses a method comprising: generating electrical power using a thermoelectric device (170) converting thermal energy from a flame into electrical energy ([0027]), wherein a water heater (100) comprises the thermoelectric device, but does not disclose delivering, using a controller of the water heater, a holding amount of one or more electrical parameters to a valve operator configured to hold a valve in an open state when the valve controller receives the holding amount, wherein the one or more parameters include at least one of a voltage or a current provided to the valve controller; monitoring, using the controller, whether the valve is in the open state using information indicative of whether the valve is in the open state; wherein the monitoring includes determining, using the controller, an amount of electrical energy generated by the thermoelectric device; altering, using the controller, the one or more electrical parameters of the holding amount to cause the valve to deviate from the open state; determining, using the controller, when the valve deviates from the open state based on the amount of electrical energy generated by the thermoelectric device; determining, using the controller, a revised holding amount by offsetting the holding amount based on the alteration to the one or more electrical parameters that caused the valve to deviate from the open state; and causing, using the controller, and subsequent to determining the revised holding amount, a current to flow through the valve operator based on the revised holding amount to hold the valve in the open state.
However, Guens (G) discloses an electro- hydraulic valve controller (Abstract) wherein the controller (14) delivers, a holding amount of one or more electrical parameters to a valve operator configured to hold a valve in an open state when the valve controller receives the holding amount (C2, L45-62, The current and/or voltage must have been known in order for the device change position), wherein the one or more parameters include at least one of a voltage or a current provided to the valve controller; monitoring, using the controller, whether the valve is in the open state using information indicative of whether the valve is in the open state; wherein the monitoring includes determining, using the controller, an amount of electrical energy generated by the thermoelectric device; altering, using the controller, the one or more electrical parameters of the holding amount to cause the valve to deviate from the open state (C3,L3-10); determining, using the controller, when the valve deviates from the open state based on the amount of electrical energy generated by the thermoelectric device; determining, using the controller, a revised holding amount by offsetting the holding amount based on the alteration to the one or more electrical parameters that caused the valve to deviate from the open state; and causing, using the controller, and subsequent to determining the revised holding amount, a current to flow through the valve operator based on the revised holding amount to hold the valve in the open state (C3,L15-26, L37-44).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to modify Munsterhuis water heater with the valve controller of Guens for the purpose of reducing energy required to maintain the solenoid switch in the operating position.
Regarding claim 20, Munsterhuis (M), as modified, discloses the method of claim 19 further comprising: decreasing, using the controller, the one or more electrical parameters until the valve deviates from the open state, thereby determining a closing amount of the one or more electrical parameters; determining, using the controller, the revised holding amount using the closing amount of the one or more electrical parameters (Figure 1, C3, L15-26, L37-44).
Claims 5,7, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Munsterhuis (US 2005/0161518), Guens et al. (US 4,557,293), and Mueller et al. (US 2018/0254134).
Regarding claim 5, Munsterhuis (M), as modified, discloses the water heater of claim 1 further comprising a temperature sensor (M-150,160, Figure 1, [0034]), wherein the controller is configured to receive a temperature signal from the temperature sensor when the controller periodically determines the one or more electrical parameters, but not that the reference temperature signal is indicative of a reference temperature, and associate the revised holding amount with the reference temperature signal.
However, Mueller discloses a method for activating an electromagnetic valve (Abstract) wherein the reference temperature signal is indicative of a reference temperature, and associate the revised holding amount with the reference temperature signal ([0005]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to modify the holding current or voltage based on temperature because that is a well-known parameter that effects the function and energy requirements of electronic components.
Regarding claim 7, Munsterhuis, as modified, discloses the water heater of claim 5, wherein the controller is configured to: receive, subsequent to at least one of the periodic determinations, an environmental temperature signal from the temperature sensor, wherein the environmental temperature signal is indicative of an environmental temperature (22, [0023]), and provide the revised holding amount based on the environmental temperature signal and the reference temperature signal associated with the revised holding amount ([0024-0025]).
Regarding claim 24, Munsterhuis (M), as modified, discloses the water heater of claim 15, further comprising a temperature sensor, (22, [0023]) wherein the controller is configured to: receive a reference temperature signal from the temperature sensor when the controller periodically determines the one or more electrical parameters, wherein the reference temperature signal is indicative of a reference temperature, and associate the revised holding amount with the reference temperature signal. cause, subsequent to the periodic determination, the current to flow through the valve operator to provide the revised holding amount associated with the reference temperature ([0024,0025]).
Claims 8, 10-11, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Munsterhuis (US 2005/0161518), Guens et al. (US 4,557,293), and Ravazzani (US 2021/0274963).
Regarding claim 8, Munsterhuis (M), as modified, discloses the water heater of claim 1, wherein the valve (M-300, Figure 4) comprises a plunger (M-base of 550 in Figure 5), and wherein when the controller causes the current to flow through the valve (M- [0046]), but does not disclose that the valve is a solenoid.
However, Ravazzani discloses a control assemble for a solenoid valve (Figure 5, Abstract), wherein the valve (2) is a solenoid operated valve comprising a solenoid (34) and a plunger (32, i.e., shutter), and wherein when the controller causes the current to flow through the valve, the current flows through the solenoid ([0039]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to modify Munsterhuis by exchanging the servo valve with the solenoid valve of Ravazzani in order to minimize the cost of the valve.
Regarding claim 10, Munsterhuis (M), as modified, discloses the water heater of claim 9 wherein the pilot flame is caused by a pilot gas flow (M-Figure 7, PILOT OUTLET) and further comprising: a second valve (M-550) configured to control whether there is the pilot gas flow, but not that the controller is configured to, periodically determine a second set of the one or more electrical parameters for holding the second valve in an open state based at least in part on information indicative of whether the second valve is in the open state, and cause a current to flow through the second valve based on the determined second set of the one or more electrical parameters.
However, Ravazzani (R) discloses a control assemble for a solenoid valve (Figure 5, Abstract), wherein the controller is configured to, periodically determine a second set of the one or more electrical parameters for holding the second valve in an open state based at least in part on information indicative of whether the second valve is in the open state, and cause a current to flow through the second valve based on the determined second set of the one or more electrical parameters ([0052], i.e. current check). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to modify Munsterhuis to check alternative parameters in order to compensate for erroneous results.
Regarding claim 11, Munsterhuis (M), as modified, discloses the water heater of claim 10 further comprising: an energy storage system (M-260, Figure 2), wherein the energy storage system is configured to receive a first portion of the electrical energy from the thermoelectric device (M-via 220-170-230-250), wherein the second valve is configured to receive electrical energy from the energy storage system and configured to receive a second portion of the electrical energy from the thermoelectric device (M- via 220-170-270) , and wherein the valve is configured to receive a third portion (M- via 220-170-270; the valve control circuit powers both valves) of the electrical energy from the thermoelectric device.
Regarding claim 17, Munsterhuis (M), as modified, discloses the water heater of claim 15 wherein the controller is configured to determine when the valve deviates from the open state using at least one of the electrical energy generated by the thermoelectric device, a voltage supplied to the valve operator, an inductive signature of the valve operator, or a current supplied to the valve operator ([0059], as a clarification this device not only know the required voltage and current it minimizes them in order to increase the system’s efficiency).
Claims 21-23 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Munsterhuis (US 2005/0161518), Guens et al. (US 4,557,293), and Fischer et al. (US 5,880,920)
Regarding claim 21, Munsterhuis (M), as modified, discloses the water heater of claim 1, wherein the thermoelectric device is configured to convert thermal energy from the flame to electrical energy when the water heater system establishes the flame (M-[0049]), and wherein the controller is configured to cause the current to flow from the energy storage system through the valve to provide at least one of the holding amount or the revised holding amount when the flame is not established, but does not disclose that the system further comprises an energy storage system.
However, Fischer (F) discloses an apparatus and method of controlling an electromagnetic device (Abstract) with an energy storage system (C2, L8-10, i.e. battery) capable of being configured to provide the first portion of electrical power to the first valve operator to ignite a pilot flame, and wherein the water heater is configured to prevent the energy storage system from providing sufficient power to the second valve operator to operate the second valve that receives power from the energy storage system when the pilot flame is not ignited (This condition is met when the battery is discharged and the pilot light is not activating the thermopile to generate electricity). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to modify Munsterhuis to include an energy storage device to enable operation of the device during power outages.
Regarding claim 22, Munsterhuis (M), as modified, discloses the water heater of claim 21, wherein the energy storage system includes at least one of a rechargeable storage system (C2, L8-10, i.e., battery) configured to store some portion of the electrical energy converted by the thermoelectric device or a non-rechargeable storage system.
Regarding claim 23, Munsterhuis (M), as modified, discloses the water heater of claim 21, wherein the valve is one of a first valve (M-410) or a second valve (M-550) and wherein the flame is one of a pilot flame (M-195, Figure 1) or a main flame, and further comprising: a first valve operator configured to receive a first portion of electrical power to operate the first valve, (G-3) wherein the energy storage system (C2, L8-10, i.e., battery) is configured to provide the first portion of electrical power to the first valve operator to establish the pilot flame; a second valve operator configured to receive a second portion of electrical power to operate the second valve, wherein the thermoelectric device is configured to provide the second portion of electrical power to the second valve operator to establish the main flame, wherein the water heater is configured to prevent the energy storage system from providing sufficient power to the second valve operator to operate the second valve. (This condition is met when the battery is discharged and the pilot light is not activating the thermopile to generate electricity).
Regarding claim 25, Munsterhuis (M), as modified, discloses the water heater of claim 15, further comprising: the first valve, wherein the first valve operator is configured to operate the first valve (M-410) to provide a pilot gas flow to cause ignition of the pilot flame (M-704, Figure 9); and the second valve (M-550), wherein the second valve operator is configured to operate the second valve to provide a main gas flow to cause ignition of a main burner flame (M-722,Figure 10), wherein the main burner flame is caused by thermal communication between the pilot flame and the main gas flow (M-[0049]).
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
/STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762