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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/09/2025 has been entered.
Response to Arguments
Applicant's arguments filed 11/09/2025 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to Ben-Yaacov 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.
Applicant argues that Deivasigamani does not contemplate an antibacterial temperature range. Examiner respectfully disagrees. Deivasigamani expressly teaches “the problem of bacteria growth in stored water supplies and water system components is solved by recirculation of outlet flow and maintaining water temperature at elevated temperature of 140 degrees Fahrenheit” ¶168, and “It is yet another object of the present invention to minimize or eliminate the problem of bacteria growth in stored water supplies and water system components” ¶20
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: “disinfecting device” in claims 1 and 16. The limitation is interpreted in light of instant specification ¶47. Examiner further notes the election/restriction requirement mailed on 03/22/2024 and applicant’s election of thermal disinfecting devices without traverse filed 06/20/2024
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.
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
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) 1, 2, 3, 4, 5, 6, 16, 17, 18, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deivasigamani et al. US 20100195991 in view of Fushiki et al US 20120255507 in view of Leifer US20090173336 in view of Tinnakornsrisuphap US20160124411.
Regarding claim 1, Deivasigamani et al. US 20100195991 teaches a system, comprising:
a thermal storage tank (Fig. 4, tank 15);
a disinfecting device operatively coupled to the thermal storage tank (heating element 8); and
a control unit operatively coupled to the disinfecting device (¶15),
the control unit configured to at least:
monitor an outlet temperature of water exiting the thermal storage tank via a first temperature sensor mounted to the thermal storage tank (¶173),
calculate a temperature difference between a temperature threshold limit associated with the disinfecting device and the outlet temperature of the water exiting the thermal storage tank (¶146 Fig. 3, outlet temp sensor 22, desired temperature 74, difference 76), and
operate the disinfecting device selectively, in an activation mode and a deactivation mode based at least on the temperature difference in order to deliver sanitized water for at least one of: conditioning an enclosure; and a domestic hot water (seen in Fig. 3, controller 38, and primary heating element 9); and
adjust a flow rate of the sanitized water exiting the disinfecting device routed to a thermal distributor for providing heating or cooling to the enclosure (Fig. 4, ¶141, ¶152),
wherein, a first signal is transmitted to the disinfecting device when the outlet temperature is less than the temperature threshold limit, wherein the first signal operates the disinfecting device in the activation mode for heating the water from the thermal storage tank (Fig. 3), and
wherein a second signal is transmitted to the disinfecting device to operate the disinfecting device in the deactivation mode when the outlet temperature is greater than the temperature threshold limit (Fig. 3).
Deivasigamani does not expressly disclose that
the operating signal is configured to provide anti-bacterial sanitation, wherein the temperature threshold limit corresponds to a temperature value or a temperature range that ensures anti-bacterial sanitation of a domestic hot water, or
wherein the storage tank has a plurality of temperature sensors, or
wherein the control unit is further configured to:
receive input information related to operating cycles from the electric utility service provider via a server system communicably coupled to the control unit;
operate the disinfecting device selectively to heat the water from the thermal storage tank when the operating cycle is in off-peak operating cycle; and
route the heated water from the disinfecting device to the thermal storage tank for storage.
Deivasigamani teaches maintaining a water temperature above 140 degrees Fahrenheit in order to eliminate bacteria (¶168, ¶151) and selecting a desired temperature range (abstract).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device such that the desired temperature range provides sanitation or is high enough to eliminate bacteria as taught by Deivasigamani since doing so would provide the predictable result of eliminating bacteria.
Fushiki et al US20120255507 teaches a hot water supply system comprising a storage tank (3, Fig. 1) having a plurality of temperature sensors (¶32).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a plurality of sensors as taught by Fushiki since doing so amounts to a known technique for measuring temperature in water storage tanks with the known predicable results of identifying thermal stratification.
Leifer US20090173336 teaches a water heating and thermal energy storage system wherein during off-peak hours the heater is operated to store energy thereby storing energy when it is cheaper and allowing for its use later allowing cost savings (¶36, ¶80, ¶100).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device to operate the heating [disinfecting] device during off-peak times and store the thermal energy, as taught by Leifer, since doing would allow for storing cheaper energy thereby reducing costs.
Tinnakornsrisuphap US20160124411 teaches an energy demand management system relevant to systems with water heaters (Fig. 3) wherein a control unit receives input information related to operating cycles from the electric utility service provider via a server system communicably coupled to the control unit (Fig. 1, ¶22, ¶45), teaching that such a configuration provides for real-time pricing information (¶25).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device to receive input data on energy pricing and schemes , as taught by Tinnakornsrisuphap, since doing so amounts to a known technique for controlling similar systems with the known predictable result of providing real time pricing information.
Regarding claim 2, the modified Deivasigamani teaches the system as claimed in claim 1, wherein the control unit is further configured to: monitor a temperature of the sanitized water exiting the disinfecting device via at least one temperature sensor configured in a conduit connecting the disinfecting device and a thermal distributor (Deivasigamani , sensor 22, Fig. 4, demand point 66 or sensor 23, demand point 68); and monitor the flow rate of the sanitized water exiting the disinfecting device via at least one flow meter configured in the conduit connecting the disinfecting device and the thermal distributor (Deivasigamani, flow sensor 26, seen in Fig. 4 is connected to points 68 and 66).
Regarding claim 3, the modified Deivasigamani teaches the system as claimed in claim 2, wherein the control unit is further configured to: operate a pump fluidically coupled to the thermal distributor and the disinfecting device for adjusting the flow rate of the sanitized water entering the thermal distributor (Fig. 4, pump 28), wherein the flow rate is adjusted based at least on a target temperature for conditioning the enclosure, and the temperature and the flow rate of the sanitized water exiting the disinfecting device (seen in Fig. 3, pump 28 is controlled by controller 68
which receives flowrate data 80, temperature data 70).
Regarding claim 4, the modified Deivasigamani teaches the system as claimed in claim 2, further comprising: a thermostatic mixing valve fluidically coupled to the disinfecting device and the thermal storage tank (Fig. 4, mixing valve 59), wherein the thermostatic mixing valve is configured to adjust the temperature of the sanitized water to a temperature protected from scalding below the temperature threshold limit for delivering the sanitized water to the domestic hot water (¶151).
Regarding claim 5, the modified Deivasigamani teaches the system as claimed in claim 4, wherein the temperature of the sanitized water delivered to the domestic hot water is adjusted by mixing the sanitized water from the disinfecting device with a volume of cold water from an external water supply that is fluidically coupled to the domestic hot water and the thermal storage tank (Fig. 1, valve 59, inlet flow 11), wherein the volume of cold water is received based at least on: the temperature of the sanitized water, and a target temperature associated with the domestic hot water (¶151).
Regarding claim 6, the modified Deivasigamani teaches the system as claimed in claim 1, wherein the control unit is configured to operate the disinfecting device for transferring a volume of the sanitized water to the thermal storage tank for storage, wherein the sanitized water is routed back to the thermal storage tank based at least on: determining a new target temperature for conditioning the enclosure, while conditioning the enclosure with the sanitized water that is heated to a previous target temperature (¶162, ¶163, ¶132 ¶168 at user specified times the recirculation and heating are activated to accommodate user demands. Thus, during routing operation of the device when a user changes the target temperature, heating and recirculation occurs).
Regarding claim 16, Deivasigamani et al. US20100195991 teaches a system, comprising:
a thermal storage tank (Fig. 1, tank 15);
a disinfecting device operatively coupled to the thermal storage tank (heating element 8); and
a control unit operatively coupled to the disinfecting device (¶15),
the control unit configured to at least:
monitor an outlet temperature of water exiting the thermal storage tank via a first temperature sensor mounted to the thermal storage tank (¶173),
calculate a temperature difference between a temperature threshold limit associated with the disinfecting device and the outlet temperature of the water exiting the thermal storage tank (Fig. 3, outlet temp sensor 22, desired temperature 74, difference 76), and
operate the disinfecting device selectively, in an activation mode and a deactivation mode based at least on the temperature difference in order to deliver sanitized water for at least one of: conditioning an enclosure; and a domestic hot water (seen in Fig. 3, controller 38, and primary heating element 9),
wherein, a first signal is transmitted to the disinfecting device when the outlet temperature is less than the temperature threshold limit, wherein the first signal operates the disinfecting device in the activation mode for heating the water from the thermal storage tank (Fig. 3), and
wherein a second signal is transmitted to the disinfecting device to operate the disinfecting device in the deactivation mode when the out let temperature is greater thana the threshold limit (Fig. 3),
monitor a temperature of the sanitized water exiting the disinfecting device via at least one temperature sensor configured in a conduit connecting the disinfecting device and a thermal distributor (Deivasigamani , sensor 22, Fig. 4, demand point 66 or sensor 23, demand point 68); and monitor a flow rate of the sanitized water exiting the disinfecting device via at least one flow meter configured in the conduit connecting the disinfecting device and the thermal distributor (Deivasigamani, flow sensor 26, seen in Fig. 4 is connected to points 68 and 66).
operate a pump fluidically coupled to the thermal distributor and the disinfecting device for adjusting the flow rate of the sanitized water entering the thermal distributor (Fig. 4, pump 28), wherein the flow rate is adjusted based at least on a target temperature for conditioning the enclosure, and the temperature and the flow rate of the sanitized water exiting the disinfecting device (seen in Fig. 3, pump 28 is controlled by controller 38 which receives flowrate data 80, temperature data 70).
Deivasigamani does not expressly disclose that
the operating signal is configured to provide anti-bacterial sanitation, wherein the temperature threshold limit corresponds to a temperature value or a temperature range that ensures anti-bacterial sanitation of a domestic hot water, or
wherein the storage tank has a plurality of temperature sensors, or
wherein the control unit is further configured to:
receive input information related to operating cycles from the electric utility service provider via a server system communicably coupled to the control unit;
operate the disinfecting device selectively to heat the water from the thermal storage tank when the operating cycle is in off-peak operating cycle; and
route the heated water from the disinfecting device to the thermal storage tank for storage.
Deivasigamani teaches maintaining a water temperature above 140 degrees Fahrenheit in order to eliminate bacteria (¶168) and selecting a desired temperature range (abstract).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device such that the desired temperature range provides sanitation or is higher enough to eliminate bacteria as taught by Deivasigamani since doing so would provide the predictable result of eliminating bacteria.
Fushiki et al US20120255507 teaches a hot water supply system comprising a storage tank (3, Fig. 1) having a plurality of temperature sensors (¶32).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a plurality of sensors as taught by Fushiki since doing so amounts to a known technique for measuring temperature in water storage tanks with the known predicable results of identifying thermal stratification.
Leifer US20090173336 teaches a water heating and thermal energy storage system wherein during off-peak hours the heater is operated to store energy thereby storing energy when it is cheaper and allowing for its use later allowing cost savings (¶36, ¶80, ¶100).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device to operate the heating [disinfecting] device during off-peak times and store the thermal energy, as taught by Leifer, since doing would allow for storing cheaper energy thereby reducing costs.
Tinnakornsrisuphap US20160124411 teaches an energy demand management system relevant to systems with water heaters (Fig. 3) wherein a control unit receives input information related to operating cycles from the electric utility service provider via a server system communicably coupled to the control unit (Fig. 1, ¶22, ¶45), teaching that such a configuration provides for real-time pricing information (¶25).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device to receive input data on energy pricing and schemes , as taught by Tinnakornsrisuphap, since doing so amounts to a known technique for controlling similar systems with the known predictable result of providing real time pricing information.
Regarding claim 17, the modified Deivasigamani teaches the system as claimed in claim 16, further comprising: a thermostatic mixing valve fluidically coupled to the disinfecting device and the thermal storage tank (Fig. 4, mixing valve 59), wherein the thermostatic mixing valve is configured to adjust the temperature of the sanitized water below the temperature threshold limit for delivering the sanitized water to the domestic hot water at the temperature protected from scalding (¶151).
Regarding claim 18, the modified Deivasigamani teaches the system as claimed in claim 17, wherein the temperature of the sanitized water delivered to the domestic hot water is adjusted by mixing the sanitized water from the disinfecting device with a volume of cold water from an external water supply that is fluidically coupled to the domestic hot water and the thermal storage tank (Fig. 1, valve 59, inlet flow 11), wherein the volume of cold water is received based at least on: the temperature of the sanitized water, and a target temperature associated with the domestic hot water (¶151).
Regarding claim 19, the modified Deivasigamani teaches the system as claimed in claim 16, wherein the control unit is configured to operate the disinfecting device for transferring a volume of the sanitized water to the thermal storage tank for storage, wherein the sanitized water is routed back to the thermal storage tank based at least on:
determining a new target temperature for conditioning the enclosure, while conditioning the enclosure with the sanitized water that is heated to a previous target temperature (¶162, ¶163, ¶132 ¶168 at user specified times the recirculation and heating are activated to accommodate user demands. Thus, during routing operation of the device when a user changes the target temperature, heating and recirculation occurs).
Claim(s) 8, is/are rejected under 35 U.S.C. 103 as being unpatentable over Deivasigamani et al. US 20100195991 in view of Fushiki et al US 20120255507 in view of Leifer US20090173336 in view of Tinnakornsrisuphap US20160124411
Regarding claim 8, Deivasigamani does not expressly disclose the system as claimed in claim 1, wherein the disinfecting device is at least one of: an electrical resistance (ER) water heater; and a phase change material (PCM) thermal storage.
Lebduska US4111259 teaches that in domestic hot water applications, gas fired or electric resistance water heaters are known substitutions.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with an electric resistance heater as taught by Lebduska, since doing so amounts to a simple substitution of known water heaters in the art with the known predictable results of heating water.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Deepak Deean whose telephone number is (571)270-3347. The examiner can normally be reached M-Th 10-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571)270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEEPAK A DEEAN/Examiner, Art Unit 3762
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3762