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 1/27/2026 have been fully considered but they are not persuasive. See rejections below.
Allowable Subject Matter
Claim 14 is 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.
Claim Rejections - 35 USC § 102
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 1-2,4,7,9-10, 12, and 15, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki (US 2018/0163994).
Regarding claim 1, Suzuki (S) discloses a heater system configured to execute a pre-purge sequence, the heater system comprising: at least one heat exchanger (12, Figure 1) configured to heat water ([0009]); at least one temperature sensor (17) designed to sense a water temperature at an outlet of the at least one heat exchanger ([0042]); and a control system (3) configured to monitor the water temperature at the outlet with the at least one temperature sensor; initiate a burner sequence when the water temperature at the outlet has reached a delivery target temperature ([0048], Ts, reference temperature);while the at least one heat exchanger is delivering heated water ([0065], Figure 9); while the at least one heat exchanger is delivering heated water, determine whether the water temperature at the outlet is greater than a threshold temperature; and in response to the determination that the threshold temperature has been exceeded, initiate a pre-purge sequence, wherein a blower of the heater system operates during the burner sequence and the pre- purge sequence ([0048], Ts, reference temperature).
As a clarification, the term delivering heated water probably means delivering heated water to a user, such as a faucet, but in Suzuki, it could be delivered to a user or back to the heat exchanger, so the rejection is based on the broadest reasonable interpretation thereof. The concept of pre-heat purge sequence, without further claim limitations requires adjusting the combustion air within the burner to control the temperature of the burner, which is basically how burner work. The Office suggests that the claims be narrowed to disclose the actual invention.
Regarding claim 2, Suzuki (S), discloses the heater system of claim 1, wherein the pre-purge sequence runs for a period of time until the delivery target temperature is reached ( [0065], Figure 9).
Regarding claim 4, Suzuki (S) discloses the heater system of claim 1, wherein when the temperature at the outlet is greater than the delivery target temperature and less than the threshold temperature, the control system is configured to initiate a blower in preparation for initiating the burner sequence ([0065]).
Regarding claim 7, Suzuki (S) discloses the heater system of claim 1, wherein the outlet is a domestic hot water outlet ([0029]).
Regarding claim 9, Suzuki (S) discloses a method for executing a preemptive purge sequence, the method comprising: heating water using at least one heat exchanger (via 12, Figure 1) in response to a request for hot water ([0009]); providing a temperature sensor (17) designed to sense a water temperature at an outlet of the at least one heat exchanger ([0042]); monitoring the water temperature at the outlet with the temperature sensor; operating a blower at an ignition speed; determining whether the water temperature at the outlet temperature is great that a threshold temperature while the at least one heat exchanger is delivering heated water ([0065, 0048], Figure 9),
Regarding claim 10, Suzuki (S) discloses the method of claim 9, wherein the preemptive purge sequence runs for a period of time until the delivery target temperature is reached ( [0065], Figure 9).
Regarding claim 12, Suzuki (S) discloses the heater system of claim 1, wherein when the temperature at the outlet is greater than the delivery target temperature and less than the threshold temperature, the control system is configured to initiate a blower in preparation for initiating the burner sequence ( [0065]).
Regarding claim 15, Suzuki (S) discloses the method of claim 9, wherein the outlet is a domestic hot water outlet ( [0029]).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Suzuki (US 2018/0163994) and Young et al. (US 2014/0203093).
Regarding claim 6, Suzuki (S), as modified, discloses, as modified, discloses the heater system of claim 1, but not that a decrease in anticipated demand decreases the threshold temperature.
However, Young (Y) discloses a multi-tank water heater control system (Abstract) wherein a decrease in anticipated demand decreases the threshold temperature ([0027]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to adjust the operation of a boiler based on historical data to better ensure that the water is delivered to the user at the right temperature as soon as practical.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Suzuki (US 2018/0163994) and Deivasigamani et al. (US 2014/0229022).
Regarding claim 8, Suzuki (S), as modified, discloses the heater system of claim 1, wherein the at least one heat exchanger comprises: a first heat exchanger (S-12b, Figure 1) configured to heat water and a second heat exchanger (S-12a) comprising a water inlet and a water outlet configured to receive water from the first heat exchanger via the water inlet and deliver water to at least one of a domestic hot water outlet (S-P) and the first heat exchanger, but not that the water is from a tank.
However, Deivasigamani (D) discloses a water heater control system (Abstract) wherein the system transfers fluid to and from a tank (15) to a heat exchange (61, Figure 1). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application control the outlet temperature of the system whether it is tankless or comprises a tank because both are obsequious systems of hot water delivery.
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 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
/JOHN E. BARGERO/
Examiner
Art Unit 3762
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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