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 Objections
Claims 1,3-10,12-13,15, and 17-20 are no longer objected to because of the recent amendments.
Response to Arguments
Applicant's arguments filed 9/17/2025 have been fully considered but they are not persuasive.
In short, the Applicant has argued that the combination of Heo et al. (US 2022/0010976) and Eryurek et al. (US 2005/0197803) does not perform the functions of heating the second temperature of the water to the set point during an abnormality; the Office respectfully disagrees.
Heo performs the functions of heating the second temperature of the water to the set point ([0034-0037]). This operation is not the preferred method of operation of the Heo system, it occurs when the equilibrium is disturbed and a corrective action, different from the normal functioning, is required, i.e., not the result of an abnormality.
Eryurek teaches an alternative method of operation when an abnormality occurs, so the Office’s logic is that if Heo shows different ways of operating the system, it would be logical to have a different trigger, because the goal of both the Applicant’s invention and that of the combination of prior art is to maintain a stable system, i.e. deliver hot water at the correct temperature.
Furthermore, the Applicant has argued that Eryurek merely notifies a user of the malfunction, but does not actually force the user to take action, which is true, but irrelevant. This is because case law as found in MPEP 2144.04
III. AUTOMATING A MANUAL ACTIVITY
In reVenner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958) (Appellant argued that claims to a permanent mold casting apparatus for molding trunk pistons were allowable over the prior art because the claimed invention combined “old permanent-mold structures together with a timer and solenoid which automatically actuates the known pressure valve system to release the inner core after a predetermined time has elapsed.” The court held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art.).
And so the automation of the user’s actions is not sufficient to distinguish over the prior art and therefore the rejection stands.
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 1,3-8,10,13,15-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Heo et al. (US 2022/0010976) and Eryurek et al. (US 2005/0197803).
Regarding claim 1, Heo (H) discloses a water heater system, comprising: a first heat exchanger (120, Figure 2) configured to heat water; a first temperature sensor designed (120) to sense a first temperature of the water within the first heat exchanger; a second heat exchanger (110) configured to receive the water from the first heat exchanger via a water inlet (@126), and deliver the water to at least one of a domestic hot water outlet (140, [0034]) and the first heat exchanger (via 125); a second temperature sensor (142) designed to sense a second temperature of the water at the domestic hot water outlet; and a control system (105, [0024]) configured to: monitor the second temperature of the water with the second temperature sensor; initiate an alternative mode of operation to heat the water to a set point value, wherein the set point value is based on the first temperature of the water; and deliver water heated to the set point value to at least one of the domestic hot water outlet and the first heat exchanger ([0034-0037]).
Heo (H) discloses all of the elements of the method of controlling the water temperature of a second heat exchanger based on parameters of a first heat exchanger temperature, but does not identify an abnormality in monitoring the second water temperature, wherein the abnormality is a failure or an interruption in monitoring the second water temperature; initiate an alternative mode of operation to heat the water to a set point value during the abnormality.
However, Eryurek (E) disclose a system for detecting abnormal conditions in plants (Abstract) that involve fluid flow and temperature control ([0007]) capable of identifying an abnormality in monitoring the second temperature of the water, wherein the abnormality is a failure or an interruption in monitoring the second temperature of the water; initiate an alternative mode of operation to heat the water to a set point value during the abnormality (Claim 39). 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 heating method to provide an alternative heating scheme during detection of a malfunctioning temperature gauge to guess or interpolate a new set temperature that would ensure that the fluid was delivered at the correct temperature.
Regarding claim 3, Heo (H), as modified, discloses the water heater system of claim 1, wherein the abnormality is a determination that a temperature of the domestic hot water outlet is less than or greater than a threshold amount from a delivery temperature ([0120]). As a clarification any data (i.e., temperature) can be analyzed by the method of Eryurek to determine a malfunction of a sensor.
Regarding claim 4, Heo (H), as modified, discloses the water heater system of claim 1, wherein the first temperature of the water is monitored by at least one of the first temperature sensor positioned at an inlet at the first heat exchanger or an outlet at the first heat exchanger (H-120, 124, Figure 2), or a second temperature sensor positioned at the domestic hot water outlet of the second heat exchanger (H-142,110).
Regarding claim 5, Heo (H), as modified, discloses the water heater system of claim 1, wherein the alternative mode of operation senses the first water temperature at an outlet of the first heat exchanger (H-124).
Regarding claim 6, Heo (H), as modified, discloses the water heater system of claim 1, wherein the set point value is based on the first water temperature, and wherein the set point value is equal to a target delivery temperature (Claim 39).
Regarding claim 7, Heo (H), as modified, discloses the water heater system of claim 1, wherein the set point value is a maximum temperature value for the domestic hot water outlet (Claim 39).
Regarding claim 8, Heo (H), as modified, discloses the water heater system of claim 1, wherein the set point value is (i) set manually or (ii) set automatically by the control system (Claim 39).
Regarding claim 9, Heo (H), as modified, discloses the water heater system of claim 1, wherein the alternative mode of operation determines the set point value based on a presence of a mixing device, wherein: when the mixing device is present, the set point value is set to a maximum domestic hot water temperature, and when the mixing device is not detected the set point value is set to a standard set point value ([H-0047-0050]).
Regarding claim 10, Heo (H), as modified, discloses the water heater system of claim 1, wherein the alternative mode of operation causes the first heat exchanger to heat water to the set point value (Claim 39).
Regarding claim 12, Heo (H), as modified, discloses the water heater system of claim 1, wherein the alternative mode of operation enables continuous delivery of hot water during the abnormality, and during a transition between the alternative mode of operation and a normal operation ([0006]).
Regarding claim 13, Heo (H), as modified, discloses the water heater system of claim 1, wherein the control system is further configured to generate a notification upon initiation of the alternative mode of operation ([0180]).
Regarding claim 15, Heo (H) discloses a method for heating water in a water heater system comprising a first heat exchanger (120, Figure 2) and second heat exchanger (110), comprising: receiving the water at the second heat exchanger from the first heat exchanger via a water inlet (@126); delivering the water from the second heat exchanger (110) to at least one of a domestic hot water outlet (@142) and the first heat exchanger; providing a first temperature sensor (124) designed to sense a first temperature of the water within the first heat exchanger; providing a second temperature sensor (142) designed to sense a second temperature of the water heated at the domestic hot water outlet; monitoring the second water temperature; initiating a mode of operation to heat the water to a set point value, wherein the set point value is no higher than the first temperature of the water; and delivering water heated to the set point value to at least one of the domestic hot water outlet and the first heat exchanger ([0034-0037]).
Heo (H) discloses all of the elements of the method of controlling the water temperature of a second heat exchanger based on parameters of a first heat exchanger temperature, but does not identify an abnormality in monitoring the second temperature of the water, wherein the abnormality is a failure or an interruption in monitoring the second temperature of the water; initiate an alternative mode of operation to heat the water to a set point value during the abnormality.
However, Eryurek (E) disclose a system for detecting abnormal conditions in plants (Abstract) that involve fluid flow and temperature control ([0007]) capable of identifying an abnormality in monitoring the second temperature of the water, wherein the abnormality is a failure or an interruption in monitoring the second temperature of the water; initiate an alternative mode of operation to heat the water to a set point value during the abnormality (Claim 39). 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 heating method to provide an alternative heating scheme during detection of a malfunctioning temperature gauge to guess or interpolate a new set temperature that would ensure that the fluid was delivered at the correct temperature.
Regarding claim 17, Heo (H), as modified, discloses the method of claim 15, wherein the set point value is a maximum temperature value for the domestic hot water outlet (Claim 39).
Regarding claim 18, Heo (H), as modified, discloses the method of claim 15, wherein the alternative mode of operation determines the set point value based on a presence of a mixing device, wherein: when the mixing device is present, the set point value is set to a maximum domestic hot water temperature, and when the mixing device is not detected the set point value is set to a standard set point value ([H-0047-0050]).
Regarding claim 19, Heo (H), as modified, discloses the method of claim 15, further comprising: continuously delivering hot water during the abnormality, and during a transition between the alternative mode operation and a normal operation ([0006]).
Regarding claim 20, Heo (H), as modified, discloses the method of claim 15, further comprising: generating a notification upon initiation of the alternative mode operation ([0180]).
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
/STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762