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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/14/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to the cl 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.
Allowable Subject Matter
Claim 21-24 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 21, the prior art does not disclose the claimed water heating system wherein the control system monitors the first temperature of the water at an outlet of the first heat exchanger; and modulate heat input to the first heat exchanger based on the first temperature of the water at the outlet of the first heat exchanger in lieu of utilizing the second temperature of the water at the domestic hot water outlet.
Regarding claim 22, the prior art does not disclose the claimed water heating system wherein upon receipt of a request for a flow demand during the alternative mode of operation, the control system is further configured to initiate a normal startup procedure and upon completion of the startup procedure, modulate heat input to the first heat exchanger using an outlet temperature of the first heat exchanger as a target sensor value.
Regarding claim 23, the prior art does not disclose the method for heating water in a water heater system comprising: monitoring the first temperature of the water at an outlet of the first heat exchanger during the alternative mode of operation; and modulating heat input to the first heat exchanger based on the first temperature instead of the second temperature.
Regarding claim 24, the prior art does not disclose the method for heating water in a water heater system wherein the alternative mode of operation determines the set point value based on a presence of a mixing device, and: when no mixing device is present, the set point value is set to a currently saved set point value and the set point value does not exceed the first temperature of the water measured at the outlet of the first heat exchanger, when a mixing device is present, the set point value is set to a maximum-allowed set point value.
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 Zak et al. (US 2005/0077368).
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, Zak (Z) discloses a sensor diagnostic for water heaters (Abstract) that comprises two separately located temperature sensors (134,136) that identifies 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 (Figure 5, [0066]).
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 sensor 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 (116, via 134, Figure 2) is less than or greater than a threshold amount from a delivery temperature ([0066]).
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 (524, Figure 5, i.e., boiling temperature point).
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 ([0066]).
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 (100, [0066]).
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 ([0069]).
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 ([0071]).
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, Zak (Z) discloses a sensor diagnostic for water heaters (Abstract) that comprises two separately located temperature sensors (134,135) that identifies 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 (Figure 5, [0066]).
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 sensor 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 (524, Figure 5, i.e., boiling temperature point).
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 ([0066]).
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 ([0069]).
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
/HELENA KOSANOVIC/ Supervisory Patent Examiner, Art Unit 3762
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