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 .
Claim Status
Claims 1-5 have been cancelled.
Claims 17-20 have been newly added
Claims 6 and 13-20 are pending and examined as follows:
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Control unit in claim 6 and 17.
Heating element in claim 6 and 17.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The written specification defines the control unit as a processor and a computer readable memory storing instructions that, when executed by the processor (paragraph 0025, lines 1-2). The written specification defines the heating element as a bare wire heating element or a tubular heater (paragraph 0023, lines 1-2).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 6,13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Nolte et al (US 2018/0119988) in view of Harbin et al (US20100004790) in view of Lesage et al (US 9,933,184).
With regards to claim 6, Nolte et al discloses a tankless water heater (tankless water heater 100, Fig. 1) comprising a flow channel with a cold-water inlet pipe (cold water inlet tube 1, Fig. 1), a heating unit with a heating element configured to heat water flowing through the heating unit (bare wire elements 18-20, Fig. 1) and a hot-water outlet pipe (tube 22 where the heated water leaves the assembly, paragraph 0060, lines 1-2), and a control unit configured to control the tankless water heater (electronic control system 2 to control tankless water heater 100, Fig. 1).
Nolte et al does not disclose wherein the control unit is configured to receive a power limitation signal of an external facility management system and to control a heating output of the heating element depending on the power limitation signal.
Harbin et al teaches wherein the control unit is configured to receive a power limitation signal of an external facility management system and to control a heating output of the heating element depending on the power limitation signal (controller unit 104 is configured to receive signal from server 107 to control water heater 101, paragraph 0042, lines 9-13).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Nolte et al and Harbin et al before him or her, to modify the control unit of Nolte et al to include the protocol to communicate with a server of Harbin et al because combination allows for increased efficiency for a water heater.
Nolte et al and Harbin et al does not teach a metal housing enclosing the flow channel and the control unit, wherein the housing comprises a hole, in which a plastic plug is seated creating a communication window for a wireless communication between the control unit and the external facility management system.
Lesage et al teaches a water heater having a metal housing enclosing the flow channel and the control unit (a steel tank, col 3, lines 59-61), wherein the housing comprises a hole, in which a plastic plug is seated creating a communication window for a wireless communication between the control unit and the external facility management system (an opening 17 wherein a cover plate 25 is placed and is fabricated from non-electrically conductive material such as plastic, fibreglass, etc. to permit wireless communication with the control circuit, col 4, lines 25-30).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Nolte et al, Harbin et al and Lesage et al before him or her, to modify the tank of Nolte et al and Harbin et al to include the steel tank and cover plate as taught by Lesage et al because combination allows for interference free control of a water heater to protect the user experience.
With regards to claim 13, Harbin et al teaches wherein the control unit is configured to detect continuously a current heating output (the processor may receive inputs from one or more current sensors 311 and 312 to verify the power being delivered to the hot water heater 101 via the water heater mains input 110, paragraph 0054, lines 3-5) and to be coupled to the external facility management system for sending a current heating output signal representing the current heating output of the heating element to the external facility management system (controller 104is connected to interface 106 which is connected to server 107, Fig. 1).
With regards to claim 15, Nolte et al discloses a cold-water temperature sensor arranged at the cold-water inlet pipe and configured to measure a cold-water temperature of incoming water flowing through the cold-water inlet pipe (an incoming cold water temperature sensor 13, Fig. 1), a flow sensor configured to measure a flow rate of incoming water flowing through the cold-water pipe (flow sensor 11 configured to measure a flow rate of incoming water flowing through inlet tube 1, Fig. 1), and a motor driven throttle valve (throttle valve 7 is driven by an electric motor configured to measure a flow rate of the water in inlet tube 1, Fig. 1), wherein the control unit is coupled to the cold-water temperature sensor (electronic control system 2 is coupled to sensor 13 through wiring 14, Fig. 1), the flow sensor and the motor driven throttle valve and is configured to calculate a target heating output necessary to control a temperature rise depending on the flow rate and the cold-water temperature of the incoming water and to actively control the motor driven throttle valve to reduce the flow rate depending on the cold-water temperature of the incoming water if the target heating output is higher than a maximum heating output specified by the power limitation signal (a regulation of the throttle valve 7 is at least monitored and controlled by the electronic control system 2 in combination with the flow sensor 11, temperature sensor 12 and the set point temperature as entered by the user, paragraph 0063, lines 1-3).
With regards to claim 17, Nolte et al discloses a tankless water heater (tankless water heater 100, Fig. 1) comprising a flow channel with a cold-water inlet pipe (cold water inlet tube 1, Fig. 1), a heating unit with a heating element configured to heat water flowing through the heating unit (bare wire elements 18-20, Fig. 1) and a hot-water outlet pipe (tube 22 where the heated water leaves the assembly, paragraph 0060, lines 1-2), and a control unit configured to control the tankless water heater (electronic control system 2 to control tankless water heater 100, Fig. 1).
Nolte et al does not disclose wherein the control unit is configured to receive a power limitation signal of an external facility management system and to control a heating output of the heating element depending on the power limitation signal.
Harbin et al teaches wherein the control unit is configured to receive a power limitation signal of an external facility management system and to control a heating output of the heating element depending on the power limitation signal (controller unit 104 is configured to receive signal from server 107 to control water heater 101, paragraph 0042, lines 9-13).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Nolte et al and Harbin et al before him or her, to modify the control unit of Nolte et al to include the protocol to communicate with a server of Harbin et al because combination allows for increased efficiency for a water heater.
Nolte et al and Harbin et al does not teach a communication module that is configured wirelessly communicate with an external facility management system and a metal housing a metal housing enclosing the flow channel and the control unit such that the communication module is completely disposed within the metal housing, the metal housing comprises a hole that is arranged in front of the communication module such that wireless communication between the control unit and the external facility management system occurs through the hole, a plastic plug is seated in the hole in front of the communication module to create a sealed communication window through which the wireless communication between the control unit and the external facility management system occurs.
Lesage et al teaches a communication module that is configured wirelessly communicate with an external facility management system (control circuit 47 is remotely controlled in a wireless manner, by signals received from its antenna 48 from a satellite and emanating from a utility 49 or utility provider, col 5, lines 35-40) and a metal housing enclosing the flow channel (a steel tank, col 3, lines 59-61) and the control unit such that the communication module is completely disposed within the metal housing (control circuit 47 such that the communication module is disposed within inner casing 11, Fig. 1,6A), the metal housing comprises a hole that is arranged in front of the communication module such that wireless communication between the control unit and the external facility management system occurs through the hole, a plastic plug is seated in the hole in front of the communication module to create a sealed communication window through which the wireless communication between the control unit and the external facility management system occurs (an opening 17 wherein a cover plate 25 is placed and is fabricated from non-electrically conductive material such as plastic, fibreglass, etc. to permit wireless communication with the control circuit, col 4, lines 25-30).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Nolte et al, Harbin et al and Lesage et al before him or her, to modify the tank of Nolte et al and Harbin et al to include the steel tank and cover plate as taught by Lesage et al because combination allows for interference free control of a water heater to protect the user experience.
With regards to claim 18, Harbin et al teaches wherein the control unit is configured to detect continuously a current heating output (the processor may receive inputs from one or more current sensors 311 and 312 to verify the power being delivered to the hot water heater 101 via the water heater mains input 110, paragraph 0054, lines 3-5) and to be coupled to the external facility management system for sending a current heating output signal representing the current heating output of the heating element to the external facility management system (controller 104is connected to interface 106 which is connected to server 107, Fig. 1).
With regards to claim 20, Nolte et al discloses a cold-water temperature sensor arranged at the cold-water inlet pipe and configured to measure a cold-water temperature of incoming water flowing through the cold-water inlet pipe (an incoming cold water temperature sensor 13, Fig. 1), a flow sensor configured to measure a flow rate of incoming water flowing through the cold-water pipe (flow sensor 11 configured to measure a flow rate of incoming water flowing through inlet tube 1, Fig. 1), and a motor driven throttle valve (throttle valve 7 is driven by an electric motor configured to measure a flow rate of the water in inlet tube 1, Fig. 1), wherein the control unit is coupled to the cold-water temperature sensor (electronic control system 2 is coupled to sensor 13 through wiring 14, Fig. 1), the flow sensor and the motor driven throttle valve and is configured to calculate a target heating output necessary to control a temperature rise depending on the flow rate and the cold-water temperature of the incoming water and to actively control the motor driven throttle valve to reduce the flow rate depending on the cold-water temperature of the incoming water if the target heating output is higher than a maximum heating output specified by the power limitation signal (a regulation of the throttle valve 7 is at least monitored and controlled by the electronic control system 2 in combination with the flow sensor 11, temperature sensor 12 and the set point temperature as entered by the user, paragraph 0063, lines 1-3).
Claim(s) 14 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Nolte et al, Harbin et al and Lesage et al as applied to claims 6 and 17 above, and further in view of Stebbins et al (US20150184890).
With regards to claims 14 and 19, Nolte et al, Harbin et al and Lesage et al does not teach wherein the power limitation signal provides a dynamic maximum output value for a dynamic derating.
Stebbins et al teaches wherein the power limitation signal provides a dynamic maximum output value for a dynamic derating (these current sensors can potentially monitor AC cycle point, amplitude and waveform, and by sending this data back to the TWH control system 117 allow for individual heater element control and this feature allows for controlled "derating" of a TWH unit by software or firmware adjustments to permit its installation when available electrical service might not be sufficient for full power operation, paragraph 0040, lines 3-8).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Nolte et al, Harbin et al, Lesage et al and Stebbins et al before him or her, to modify the control unit of Nolte et al, Harbin et al and Lesage et al to include the derating function of Stebbins et al because the combination allows for efficient powering up and powering down of heating elements in a water heater apparatus.
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Nolte et al, Harbin et al and Lesage et al as applied to claim 6 above, and further in view of Liu (CN104422144).
With regards to claim 16, Nolte et al, Harbin et al and Lesage et al does not teach wherein the control unit is configured to be coupled, to a power relay remote from the tankless water heater to send an activation signal to the power relay for activating the power relay in response to the power limitation signal containing operating information about simultaneously running tankless water heaters in an object connected with the external facility management system to interrupt a power supply to another electricity consumer during a heating process of the tankless water heater.
Liu teaches wherein the control unit is configured to be coupled, to a power relay remote from the tankless water heater to send an activation signal to the power relay for activating the power relay in response to the power limitation signal containing operating information about simultaneously running tankless water heaters in an object connected with the external facility management system to interrupt a power supply to another electricity consumer during a heating process of the tankless water heater (transmitter 3 is wirelessly coupled to a signal receiver 2 which connected to a relay 4 which provides power to water heater 1 wherein the transmitter 3 can transmit a signal to power the water heater 1, Fig. 1).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Nolte et al, Harbin et al, Lesage et al and Liu before him or her, to modify the control unit of Nolte et al, Harbin et al and Lesage et al to include the transmitter and wireless receiver of Liu because the combination allows for enhanced controllability by a user of a water heating apparatus.
Response to Arguments
Applicant's arguments filed 10/31/2025 have been fully considered but they are not persuasive.
Applicants argument: Applicant argues the prior art does not disclose or teach all the limitations of claim 6 and 17.
Examiners response: Applicant argues the prior art does not disclose or teach a metal housing enclosing the flow channel and the control unit, wherein the housing comprises a hole, in which a plastic plug is seated creating a communication window for a wireless communication between the control unit and the external facility management system. Lesage et al teaches a communication module that is configured wirelessly communicate with an external facility management system (control circuit 47 is remotely controlled in a wireless manner, by signals received from its antenna 48 from a satellite and emanating from a utility 49 or utility provider, col 5, lines 35-40) and a metal housing enclosing the flow channel (a steel tank, col 3, lines 59-61) and the control unit such that the communication module is completely disposed within the metal housing (control circuit 47 such that the communication module is disposed within inner casing 11, Fig. 1,6A), the metal housing comprises a hole that is arranged in front of the communication module such that wireless communication between the control unit and the external facility management system occurs through the hole, a plastic plug is seated in the hole in front of the communication module to create a sealed communication window through which the wireless communication between the control unit and the external facility management system occurs (an opening 17 wherein a cover plate 25 is placed and is fabricated from non-electrically conductive material such as plastic, fibreglass, etc. to permit wireless communication with the control circuit, col 4, lines 25-30). The inner and outer tank of a water heater is inherently metal in a conventional water heater.
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 THOMAS JOHN WARD whose telephone number is (571)270-1786. The examiner can normally be reached Monday - Friday, 7am - 4pm.
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/THOMAS J WARD/ Examiner, Art Unit 3761
/EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761