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 .
Response to Arguments
Applicant's arguments filed 10/16/2025 have been fully considered but they are not persuasive.
Regarding Claims 1-17 that are objected for being unclear.
The Applicant argues that the term "expected flow demand" is clear in light of the plain and ordinary meaning of the term and the specification of the Subject Application: the Office respectfully disagrees.
Applicant’s arguments are based on the Specification [0051], [0073], reproduced below:
[0051] FIG. 4 illustrates a hot water outlet backup operation, which can address system interruptions or failures like temperature sensor issues. The backup operations discussed herein are control functions, which can be directly tied to a boiler operation, e.g., a combi boiler operation, to continue to allow the boiler system to deliver hot water demands, e.g., DHW, during a loss, failure, and/or interruption of the temperature measurement. In these embodiments, the boiler will continue to deliver a varying hot water temperature. Depending on the additional applied methodology, the boiler can deliver an outlet water temperature at an elevated range, while relying on an external mixing device to provide the desired delivery temperature at expected flow demands.
[0073] In an example, upon receiving a hot water flow demand, the heating system will begin initiating a heating demand sequence. On combi boiler appliances, for example, the internal circulator can start an operation to start transferring any stored energy in the primary heat exchanger to the DHW flow. When the heat exchanger temperature is low enough that energy cannot be extracted into the DHW flow, the appliance will automatically begin its startup sequence, including purging for the required time. When there is additional energy stored in the appliance, the startup sequence will start purging once the DHW Outlet temperature reaches a temperature threshold above the target temperature. This startup threshold will be chosen based on expected appliance use; appliances with higher expected flow demands may use a larger threshold while appliances with lower expected flow demands may have a smaller threshold value set in the control.
These paragraphs merely state the term, but don’t define it and so the Office contends that the term is not definite, for example in [0051] the expected flow demand could be a temporal issue, say at 8:00 am a shower is expected, meaning the shower needs water so it is a projection or another instance it could be is a documentation of the start of a flow that the system was expecting would come as in [0071].
Regarding Claims 1-17, which stand as rejected under 35 U.S.C. §112(a) as "failing to comply with the written description requirement., the Applicant has argued that the rejection is improper; the Office respectfully disagrees.
Applicant’s arguments are based on the Specification [0076], [0080-0087], reproduced below:
[0076] Embodiments of the present invention utilize a control algorithm tied specifically to a combi boiler operation and can utilize a variety of flow sensing and temperature measuring devices to determine a flow demand and a modulation target. While combi boilers are referenced throughout, it will be appreciated that the systems and methods discussed herein can also be applied to other means of instantaneous hot water production such as direct-fired water heaters and the like.
[0080] As illustrated in FIG. 7, embodiments of the present invention can use a combination of a measured DHW Outlet temperature, DHW Inlet temperature, and DHW Flow Rate to accurately determine an expected target modulation rate. Once the appliance has progressed through its startup sequence 710 and is released to freely modulate, the appliance will determine a target modulation rate 720. The target modulation rate can incorporate a plurality of modulation factors 715, including but not limited to a temperature target, a DHW inlet temperature, a DHW flow rate, altitude, and a model size, e.g., BTU rating, of the unit. In embodiments, an initial target modulation rate can be defined as:
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[0081] where the values are defined as
[0082] f.sub.D=DHW Flow Rate [gpm]
[0083] T.sub.DS=Domestic Hot Water Temperature Target [° F.]
[0084] T.sub.DO=Domestic Hot Water Outlet Temperature [° F.]
[0085] T.sub.DI=Domestic Hot Water Inlet Temperature [° F.]
[0086] Model Size=Nominal Appliance BTU Input Size [MBH, 1,000 BTU/hr]
[0087] Altitude=Appliance Altitude [ft]
The Applicant refutes that there is "no indication of how the applicant intends to" determine an expected flow demand”, however the paragraphs cited disclose “flow demand”, which is not the same as an “expected flow demand” and so the argument is not persuasive
Additionally, the Applicant argues that the term "initiate a recovery demand determination upon receiving an indication of the end of the expected flow demand" is not new matter and reference [0047-0048] of the written disclosure, reproduced infra:
[0047] In a non-limiting example, during high use periods, such as a morning time, e.g., 6-8 am, initiation of the recovery demand pre-heat operation occurs during this window, thus ensuring that hot water is readily available during the period of heavy use. In a low-demand time window, e.g., early afternoon, or other time period of historic low use, the recovery demand decision 340 can decide to end water flow 350 without initiating the pre-heat operation. This allows the boiler to only recover energy during potential high-use periods, and can be activated through pre-draw recirculation demands, thus minimizing boiler cycling and fuel use. Accordingly, the end-of-cycle recovery mode can be a one-time application of the pre-heat mode and utilize assumptions—manually or automatically determined—regarding DHW usage.
[0048] In another non-limiting example, a request for DHW flow can be initiated upon operation of an appliance, such as a faucet. The boiler can detect that flow and initiate a startup sequence 315, which can include positioning a diverter valve, as discussed herein, to force boiler water through a secondary heat exchanger, thus starting the pump, blower, and eventually burner. When the DHW demand stopped, e.g., by a user, a determination can be made as to whether the boiler should continue to run the burner to heat the heat exchangers and water, in order to prepare for a next DHW demand.
The Applicant argues that because the specification as filed states that the claimed control system makes the determination regarding the end of the expected flow itself, wherein the control system would receive an indication of the end of the expected flow at the end of such a determination. The Office, respectfully disagrees because as seen in Figure 3, step 330 the decision is made based on the condition, “Has the request for hot water demand ended?”, and not “expected water demand” and therefore the claim introduces new matter, the condition of “expected” verses “actual”.
Finally, the Applicant argues that the controller initiates a pre-heat operation upon receiving the indication of the current flow demand at the at least one heat exchanger, wherein the pre-heat operation is based upon on the recovery demand determination' is factual; references [0043], infra:
[0043] The boiler system can implement a recovery demand decision 340 to determine whether to start a recovery demand pre-heat operation 345. In embodiments, at the end of flow demand, regardless of whether the boiler has begun a burner-on operation, the boiler determines if it should progress to a recovery demand. In additional embodiments, the end-of-cycle recovery mode only initiates its operation at the end of a detected DHW flow demand. As noted in FIG. 6, if the request for hot water demand has ended, the system moves to a recovery demand decision 340, as discussed below. If the hot water demand has not yet ended, the system can optionally initiate a heating operation 345, as needed.
As argued above the terms “expected flow demand” and “flow demand” are not interchangeable in the eyes of the Office.
Regarding Claims 1-17, which stand as rejected under 35 U.S.C. §112(b) as being indefinite…, the Applicant argues that the term "determine an expected flow demand" is indeed clear.
The Office respectfully disagrees for reasons stated supra.
The dependent claims were solely argued to be patentable base on pendency to purported allowable claims 1 and 17 which is not the current situation.
Regarding Claims 1 and 17, which stand as being rejected under 35 U.S.C. §103 as allegedly being unpatentable over Konowalczyk in view of Ando. The Applicant argues that Konowalczyk fails to teach at least a control system configured to initiate a recovery demand determination upon receiving an indication of the end of the expected flow demand, as recited in Claim 1 or a control system configured to "initiate a recovery demand determination upon receiving an indication of the end of the expected flow demand for heated water at the at least one heat exchanger." as recited in claim 17; the Office respectfully disagrees.
Because as emboldened in the recently cited art, Konowalczyk, below, the system determines whether or not to replenish the energy within the system by performing or not performing a pre-heat operation, which in Konowalczyk’s case is activating the heat pump.
[0075] The method begins at 300 with the processor receiving a signal indicating the opening of an outlet of the hot water supply system. The signal may for example come from a flow sensor 38 in the hot water supply system, or in the cold-water feed to the hot water system. At 302 the processor estimates a demand for hot water from the hot water supply system, based for example on an identity or type of the outlet that has been opened, or based on an instantaneous flow rate. The processor compares the estimated demand with a first threshold demand level. If the estimated demand is above the first threshold demand level, the processor generates at 304 a heat pump start message. If the estimated demand is below the first threshold demand level, the processor compares the estimated demand with a second threshold demand level, lower than the first. If the estimated demand is below the second threshold demand level, the processor determines at 306 to not to generate a heat pump start message.
[0076] If the estimated demand is between the first and the second threshold demand levels, at 308 the processor takes account to the energy storage level of the energy bank. This may involve the processor establishing afresh the energy storage level of the energy bank, or the processor may use recently generated information on the energy storage level of the energy bank.
[0077] If the determination of the energy storage level for the energy bank is greater than a first energy storage level threshold, the processor determines at 304 not to generate a heat pump start message. Conversely, if the determination of the energy storage level for the energy bank is less than the first energy storage level threshold, the processor determines to generate a heat pump start message at 306.
. To begin, Konowalczyk teaches a determination of the energy storage level within phase change materials used to store thermal energy. Konowalczyk, [0043]. Further, Konowalczyk states that if there is not enough energy stored in the phase change materials, the control system can direct the hot water supply system to draw on additional sources of energy to power the hot water supply system as a whole. Konowalczyk, [0076]-[0077]. However, Konowalczyk is silent regarding the determination of a recovery flow demand at the end of the expected flow demand. Rather, Konowalczyk makes the determination of the energy storage level after the system has determined the energy demand is between a first and second threshold. Thus, there is no discussion in Konowalczyk of a control system initiating a recovery demand determination at the end of a calculated expected flow demand, as required by Claim 1.
Claim 17 follows the same analysis as that of claim 1, which relies on the same portions of Konowalczyk.
Claim Objections
Claims 1-17 are objected to because of the following informalities: The term, “expected flow demand” is unclear, is it a projection or is a documentation of the start of a flow that the system was expecting would come?
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL. —The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as modified and failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The claims use the terms, “determining an expected flow demand” and “determine an end to the expected…” which are not described in the original disclosure such that one of ordinary skill in the art would recognize that the applicant had possession of the steps at the time of filing. While the limitations are literally repeated in the original spec and claims, there’s no indication of how applicant intends to do them, given that they appear to be predictions. The term, “determining an expected flow demand” is especially is problematic since exactly what is being claimed is unclear as discussed below under the112b rejection and there isn’t anything that describes it further.
The claims further use the term, “initiate a recovery demand determination upon receiving an indication of the end of the expected flow demand” which is new matter. The original disclosure does not appear to show performing this step upon receiving notification of the end of the expected flow. Fig. 3 and paragraphs (41-47) disclose performing this step, but as a result of receiving information that the actual flow had ended, not a predicted one.
Additionally, the claims state that the controller “upon receiving the indication of the current flow demand at the at least one heat exchanger, wherein the pre-heat operation is based on the recovery demand determination.” Which does not appear to be factual, because the indication of current flow demand takes place at the very beginning of the method, while the flow shuts down and the controller makes the recovery demand determination” after detecting the current flow and before beginning the pre-heat operation. While, the claims are worded such that this action happens directly after receiving the indication of current flow.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as modified and being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term, “determine an expected flow demand” is unclear. It isn’t clear what is being determined at least two different meanings can be interpreted, for example it could mean “determining an expected flow volume or rate” or “determining that an expected flow demand has started”.
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 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over Konowalczyk (US 2024/0102696) in view of Ando (US 9,228,759).
Regarding claim 1, Konowalczyk (K) discloses a water heater system, comprising, as best understood: at least one heat exchanger (12, Figure 1, [0048]) configured to heat water; a flow sensor (38, [0075]) designed to detect a current flow demand (i.e., opening of an outlet of the hot water supply system) from the at least one heat exchanger (12) and a control system (30) configured to: determine an expected flow demand for heated water at the at least one heat exchanger ([0059], i.e., predicting future demand for hot water from the hot water supply system); determine an end to the expected flow demand for heated water from the at least heat exchanger ([0059], the duration of the predicted demand is known so when that time period has expired the demand is deemed ended); initiate a recovery demand determination upon receiving an indication of the end of the expected flow demand for hot heated water at the at least one heat exchanger ([0077], i.e., determination of the energy storage level for the energy bank determines whether or not more energy needs to be directed towards the system); receive an indication from the flow sensor that the current flow demand from the at least one heat exchanger is detected ([0075]); and initiate a pre-heat operation within the at least one heat exchanger upon receiving the indication of the current flow demand at the at least one heat exchanger, wherein the pre-heat operation is based on the recovery demand determination ([0077], i.e., start up the heat pump).
Konowalczyk (K), does not disclose that one of the heat exchangers includes a gas fired boiler and that the pre-heat operation involves starting a burner operation, continuing a burner operation, or utilizing energy stored in the gas fired boiler.
However, Ando (A) discloses a gas water heater (Abstract) wherein the pre-heat operation involves a gas fired boiler (3, Figure 1) and that the pre-heat operation involves starting a burner operation, continuing a burner operation, or utilizing energy stored in the gas fired boiler (C6, L46-52, Figure 2). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to substitute a gas water heater for a heat pump because are commonly used to heat water.
Regarding claim 2, Konowalczyk (K), as modified, discloses the water heater system of claim 1, as best understood, wherein the water heater system is a combi boiler or an instantaneous water heater (K- 44, [0068]).
Regarding claim 3, Konowalczyk (K), as modified, discloses the water heater system of claim 1, as best understood, wherein the recovery demand determination is based on a pattern of usage, where the pattern of usage analyzes water demand based on at least one of a time of day, a demand frequency, an average hot water use over time, anticipated usage, and historic usage (K- [0059,0079]).
Regarding claim 4, Konowalczyk (K), as modified, discloses the water heater system of claim 1, as best understood, wherein the recovery demand determination comprises: estimating an anticipated usage for hot water based on a pattern of usage; and determining whether to initiate a heating operation based on the anticipated usage (K- [0056,0064]).
Regarding claim 5, Konowalczyk (K), as modified discloses the water heater system of claim 4, as best understood, wherein the recovery demand determination initiates the pre-heat operation to heat a volume of water to meet the anticipated usage (K- [0017]).
Regarding claim 6, Konowalczyk (K), as modified and best understood, discloses the water heater system of claim 4, as best understood, wherein the pre-heat operation causes the at least one heat exchanger to heat a volume of water based on the anticipated usage (K- [0064]).
Regarding claim 7, Konowalczyk (K), as modified, discloses the water heater system of claim 4, as best understood, wherein the recovery demand determination reduces an amount of time required for the water temperature to reach a set point for a subsequent demand (K- [0046]).
Regarding claim 8, Konowalczyk (K) discloses a method, as best understood, comprising: providing a flow sensor (38, [0075]) designed to detect a current flow demand (i.e., opening of an outlet) from at least one heat exchanger (12, Figure 1, [0048]); determining an expected flow demand for hot water from the at least one heat exchanger ([0059], i.e., predicting future demand for hot water); determining an end to the expected flow demand for hot water from the at least one heat exchanger ([0059], the duration of the predicted demand is known so when that time period has expired the demand is deemed ended); initiating a recovery demand determination upon receiving an indication of the end of the expected flow demand from the at least one heat exchanger ([0077], i.e., determination of the energy storage level for the energy bank determines whether or not more energy needs to be directed towards the system); receiving an indication from the flow sensor that the current flow demand from the at least one heat exchanger is detected (i.e., opening of an outlet); and initiating a pre-heat operation within the at least one heat exchanger upon receiving the indication of the current flow demand at the at least one heat exchanger, wherein the pre-heat operation is based on the recovery demand determination ([0077]).
Konowalczyk (K), does not disclose that one of the heat exchangers includes a gas fired boiler and that the pre-heat operation involves starting a burner operation, continuing a burner operation, or utilizing energy stored in the gas fired boiler.
However, Ando (A) discloses a gas water heater (Abstract) wherein the pre-heat operation involves a gas fired boiler (3, Figure 1) and that the pre-heat operation involves starting a burner operation, continuing a burner operation, or utilizing energy stored in the gas fired boiler (C6, L46-52, Figure 2). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to substitute a gas water heater for a heat pump because are commonly used to heat water.
Regarding claim 9, Konowalczyk (K), as modified, discloses the water heater system of claim 1, as best understood, wherein the water heater system is a combi boiler or an instantaneous water heater (K- 44, [0068]).
Regarding claim 10, Konowalczyk (K), as modified, discloses the method of claim 8, as best understood, wherein the recovery demand determination is based on a pattern of usage, and wherein the pattern of usage analyzes water demand based on at least one of a time of day, a demand frequency, an average hot water use over time, anticipated usage, and historic usage (K- [0059,0079]).
Regarding claim 11, Konowalczyk (K), as modified, discloses the method of claim 8, as best understood, wherein the recovery demand determination comprises: estimating an anticipated usage based on the pattern of usage (K- [0079]); and determining whether to initiate a heating operation based on the anticipated usage.
Regarding claim 12, Konowalczyk (K), as modified, discloses the method of claim 11, as best understood, wherein the recovery demand determination initiates the pre-heat operation to heat a volume of water to meet the anticipated demand (K- [0064]).
Regarding claim 13, Konowalczyk (K), as modified, discloses the method of claim 11, as best understood, wherein the pre-heat operation causes at least one of the heat exchanger to heat a volume of water based on the anticipated usage (K- [0017]).
Regarding claim 14, Konowalczyk (K), as modified, discloses the method of claim 11, as best understood, wherein the recovery demand determination reduces an amount of time required for the water temperature to reach a set point for a subsequent demand (K- [0049]).
Regarding claim 15, Konowalczyk (K), as modified, discloses the water heater system of claim 1, as best understood, wherein the control system is configured to: determine whether the current flow demand is during a period of high use (K- 408, Figure 4); and initiate the pre-heat operation within the at least one heat exchanger upon receiving the indication of the current flow demand at the at least one heat exchanger and determining that the current flow demand is during a period of high use, wherein the pre-heat operation is based on the recovery demand determination (K- 412,422, [0080]).
Regarding claim 16, Konowalczyk (K),as modified, discloses the method of claim 8, as best understood, further comprising: determining whether the current flow demand is during a period of high use (K- 408, Figure 4); and initiating the pre-heat operation within the at least one heat exchanger upon receiving the indication of the current flow demand at the at least one heat exchanger and determining that the current flow demand is during a period of high use, wherein the pre-heat operation is based on the recovery demand determination (K- 412,422, [0080]).
Regarding claim 17, Konowalczyk (K) discloses a water heater system, comprising, as best understood: at least one heat exchanger (12, Figure 1, [0048]) configured to heat water; a flow sensor (38, [0075]) designed to detect a flow rate from the at least one heat exchanger; and a control system (30) configured to: determine an expected flow demand for heated water at the at least one heat exchanger([0059], i.e., predicting future demand for hot water); determine an end to the expected flow demand for heated water from the at least one heat exchanger ([0059], the duration of the predicted demand is known so when that time period has expired the demand is deemed ended); initiate a recovery demand determination upon receiving an indication of the end of the expected flow demand for heated water at the at least one heat exchanger([0077], i.e., determination of the energy storage level for the energy bank determines whether or not more energy needs to be directed towards the system); receive an indication from the flow sensor that the flow rate from the at least one heat exchanger is detected ([0075]); and initiate a pre-heat operation within the at least one heat exchanger upon receiving the indication of the flow rate at the at least one heat exchanger, wherein the pre-heat operation is based on the recovery demand determination ([0077], i.e., start or not start heat pump).
Konowalczyk (K), does not disclose that one of the heat exchangers includes a gas fired boiler and that the pre-heat operation involves starting a burner operation, continuing a burner operation, or utilizing energy stored in the gas fired boiler.
However, Ando (A) discloses a gas water heater (Abstract) wherein the pre-heat operation involves a gas fired boiler (3, Figure 1) and that the pre-heat operation involves starting a burner operation, continuing a burner operation, or utilizing energy stored in the gas fired boiler (C6, L46-52, Figure 2). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to substitute a gas water heater for a heat pump because are commonly used to heat water.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/JOHN E BARGERO/Examiner, Art Unit 3762 ***