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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/23/2025 has been entered.
Response to Amendment / Status of the Claims
Applicant is thanked for their 10/23/2025 response to the Office Action dated 8/25/25. The amendment has been entered and, accordingly:
Claims 1, 4-5, 7-8, 10, and 15-19 are amended.
Claims 2-3 and 6 are cancelled.
Claims 1, 4-5 and 7-20 are pending.
Applicant’s amendments to the claims have overcome the previously set forth claim interpretation under 112(f) so those interpretations are withdrawn accordingly.
Response to Remarks
Applicant's remarks with respect to the overflow tank of Hays on pg. 13 have been fully considered but they are not persuasive. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., open circuit structure and gap) are not recited in the rejected claim. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In addition, in response to applicant's argument that the gap of Hays is merely a structure for managing thermal expansion, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Applicant’s remarks with respect to Min on pg. 14 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.
Claim Interpretation
Regarding claim 5 (line 4), the “threshold water level” is understood to be the same water level referred to as “limit level” in base claim 1 (line 15). To elaborate, Par. 0157 of the Applicant’s as-filed specification discloses the filling valve is closed such that water is not added to the expansion tank when the water level is equal to or greater than the threshold level. Similarly, Par. 0158 of the Applicant’s as-filed specification discloses the drain pipeline discharges water from the expansion tank to make the water level equal to or less than a limit water level. Both the filling valve and drain pipeline function to keep the water in the expansion tank from exceeding a water level, but the way they accomplish this is different (i.e., the filling valve stops adding more water, the drain pipeline discharges water). In addition, only one water level acquiring device is disclosed, so it is unclear how two different levels within the tank could be monitored if the “threshold water level” and “limit level” were to be interpreted as different water levels.
Claim Rejections - 35 USC § 112
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.
Claims 4-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as 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.
a. Claim 4, line 3 recites “a level of the water” (emphasis added) to which it is unclear whether the recited “level of the water” in claim 4 is the same as or different from the one recited in claim 1, lines 14-15. For the purposes of substantiative examination, it's presumed that they are the same water levels. Amendments to the claims are kindly requested for clarification.
Claim 5 is rejected by virtue of its dependency from claim 4.
b. Claim 5, lines 3-4 recites “a level of the water acquired by the water level sensor” (emphasis added) to which it is unclear whether the recited “level of the water” in claim 5 is the same as or different from the one recited in claim 4, line 3. For the purposes of substantiative examination, it's presumed that they are the same water levels. Amendments to the claims are kindly requested for clarification.
c. Claim 9, lines 2-3 recites “a temperature of the returning water” (emphasis added) which lacks antecedent basis. It is unclear whether the recited “temperature of the returning water” in claim 9 is the same as or different from the one recited in claim 8, lines 2-3. For the purposes of substantiative examination, it's presumed that they are the temperature. Amendments to the claims are kindly requested for clarification.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4-5 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hays et al. (US4449511A, hereinafter Hays) in view of Park (US 5979372 A).
Regarding claim 1, Hays discloses an air heating apparatus (Abstract) comprising:
a burner (Col. 4, lines 38-39, burner) configured to cause a combustion reaction (Col. 3, lines 14-15, combusting fuel);
a main passage (Col. 5, lines 28-33, closed loop between primary heat exchanger 12 and secondary heat exchanger 14, which includes lines 24, 26, and 44), through which water flows while circulating (Col. 5, lines 28-33, water within the solution circulating through the closed loop);
a heat exchanging device (Col. 7, lines 51-58, primary heat exchanger 12 which receives heat from the combusting fuel (i.e., sensible heat exchanger) and Col. 8, lines 10-21, recuperator 16 which extracts heat from the flue gases of the combusting fuel (i.e., latent heat exchanger)) configured to receive heat from combustion gas generated by the combustion reaction and heat the water flowing along the main passage (Col. 3, lines 15-19 and Col. 5, lines 28-35; water within the solution/fluid);
a heating heat exchanger (Col. 5, lines 28-35, secondary heat exchanger 14, which receives heated water within the solution/fluid from the primary heat exchanger 12) configured to receive the water heated by the heat exchanging device and exchange heat with air (Col. 8, lines 18-25, air) for heating (Abstract, Col. 8, lines 22-27, to be heated);
a fan (Fig. 1 and Col. 7, lines 49-51, blower 18) configured to blow the air to the heating heat exchanger (Fig. 1 and Col. 9, lines 10-12 and 21-24 which disclose air flows from blower 18 to recuperative heat exchanger 16 to secondary heat exchanger 14); and
an expansion tank (Fig. 1, overflow tank 48) disposed in the main passage (Fig. 1, overflow tank 48 is disposed in line 24, which, given line 24 is part of the closed loop, necessarily means overflow tank 48 is disposed in the closed loop) to accommodate a change in a volume of the water (Col. 5, lines 36-45, excess solution volume) and having an expansion opening (Fig. 1, circular opening in top of overflow tank 48. An expansion opening is a hole or opening designed to increase the volume of a working fluid, therefore the circular opening is an ‘expansion opening’ because it increases the volume of air) opened to an outside (Fig. 1, outside of overflow tank 48).
However, Hays does not disclose a water supplementing pipeline configured to supplement the water in the expansion tank;
a drain pipeline connected to the expansion tank and having an upper end located within the expansion tank and disposed on a lower side of the expansion opening, such that a level of the water accommodated in the expansion tank is maintained at less than a limit level by discharging the water accommodated in the tank;
wherein a distal end of the water supplementing pipeline, from which the water is discharged, is disposed adjacent to the expansion opening such that the discharged water drops into the expansion tank to supplement the water accommodated therein.
Park discloses a heating system (Col. 1, lines 12-17) similar to the present invention and Carlson further discloses it is known to have a water supplementing pipeline (Fig. 3, water supply pipe 220) configured to supplement the water in an expansion tank (Fig. 3 and Col. 4, lines 56-59, which discloses the water in water tank 210 is supplemented by the water supply pipe 220. See also Col. 1, lines 32-37, which discloses water tank 210 compensates for changing water pressure by diverting water as the heating water volume varies, therefore water tank 210 is an ‘expansion tank’ because it compensates for the expanding volume of water as it is heated);
a drain pipeline (Fig. 3 and Col. 4, lines 17-21, overflow pipe 260) connected to the expansion tank and having an upper end located within the expansion tank (Fig. 3 and Col. 4, lines 17-21, water tank 210), such that a level of the water accommodated in the tank (Col. 3, lines 59-60, water level) is maintained at less than a limit level (Col. 3, lines 59-64 and claim 1 b2), predetermined level) by discharging the water accommodated in the tank (Col. 4, lines 17-21, in particular, “overflow water which drains out through an overflow pipe 260”);
wherein a distal end of the water supplementing pipeline (Fig. 1, free end of water supply pipe 220 that is located within water tank 210, which is distal to the end that attaches to supplementary water valve 330), from which the water is discharged (Col. 4, lines 56-59, which discloses water is discharged from water supply pipe 220), is disposed such that the discharged water drops into the expansion tank (Fig. 1, water tank 210. Examiner notes something drops when it moves from a higher to a lower level, therefore Fig. 3 shows water drops from water supply pipe 220 into water tank 210 from a higher level near the top of water tank 210 to a lower level near the middle of water tank 210) to supplement the water accommodated therein (Fig. 3 and Col. 4, lines 56-59, which discloses the water in water tank 210 is supplemented by the water supply pipe 220).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the expansion tank of Hays with the water supplementing pipeline and drain pipeline of Park in order to ensure the tank has enough, but not too much, water (As suggested by Col. 2, lines 19-26 of Park) to absorb pressure changes in the air heating apparatus and thereby improve safety, decrease the risk of damage to other components, and increase reliability.
NOTE: It’s understood that the limitations “a drain pipeline… disposed on a lower side of the expansion opening” and “a distal end of the water supplementing pipeline…is disposed adjacent to the expansion opening” are necessarily met by modified Hays. To elaborate, given the drain pipeline and distal end of the water supplementing pipeline are disposed on a lower side of the top of the expansion tank of Park and the expansion opening is at the top of the expansion tank of Hays, the drain pipeline of modified Hays must necessarily be disposed on a lower side of the expansion opening and the distal end of the water supplementing pipeline of modified Hays must necessarily be disposed adjacent to the expansion opening.
Regarding claim 4, Hays, as modified above, discloses the air heating apparatus of claim 1.
However, Hays, as modified above, does not disclose a water level acquiring device configured to acquire a level of the water accommodated in the expansion tank.
Park further discloses it is known to have a water level acquiring device (Fig. 3, water level sensor 310) configured to acquire a level of the water (Col. 3, lines 59-60, water level) accommodated in the expansion tank (Fig. 3; Col. 4, lines 56-59; and Col. 1, lines 32-37, water tank 210, as explained in claim 1 above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the expansion tank of Hays to include the water level acquiring device of Park in order to ensure the tank has enough, but not too much, water (As suggested by Col. 2, lines 19-26 of Park) to absorb pressure changes in the air heating apparatus and thereby improve safety, decrease the risk of damage to other components, and increase reliability.
Regarding claim 5, Hays, as modified above, discloses the air heating apparatus of claim 4.
However, Hays, as modified above, does not disclose a filling valve configured to adjust opening/closing of the water supplementing pipeline, and being opened such that the water is supplemented in the expansion tank when a level of the water acquired by the water level acquiring device is less than a threshold water level.
Park further discloses it is known to have a filling valve (Fig. 3 and Col. 4, lines 56-59, supplementary water valve 330) configured to adjust opening/closing of the water supplementing pipeline (Col. 5, lines 49-65, in particular, “controller 340 controls the supplementary water valve 330 to be opened, such that supplementary water is supplied to the water tank 210 through the supplementary water pipe 260…the controller 340 controls the supplementary water valve 330 to be closed to make the supply of the supplementary water stopped.”), and being opened such that the water is supplemented in the tank (Col. 5, lines 49-65) when a level of the water (Col. 5, lines 45-54, water level) acquired by a water level acquiring device (Fig. 1 and Col. 5, lines 45-54, water level sensor 310) is less than a threshold water level (Fig. 1 and Col. 5, lines 45-54, predetermined level).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the expansion tank of Hays to include the filling valve of Park in order to ensure the tank has enough, but not too much, water (As suggested by Col. 2, lines 19-26 of Park) to absorb pressure changes in the air heating apparatus and thereby improve safety, decrease the risk of damage to other components, and increase reliability.
Regarding claim 19, Hays discloses the air heating apparatus of claim 1, wherein the heating heat exchanger (Col. 5, lines 28-35, secondary heat exchanger 14, which receives heated water within the solution/fluid from the primary heat exchanger 12) includes a heat exchange tube (Fig. 1 and Col. 5, lines 22-28, tube 46), through which the water heated by the heat exchanging device (Col. 8, lines 20-27, heat water within the solution/fluid) flows to exchange heat with the air (Col. 8, lines 20-27, air) that flows a periphery thereof.
Regarding claim 20, Hay discloses the heating apparatus of claim 19, the heat exchange tube (Fig. 3 and Col. 5, lines 22-28, tube 46) forms a plurality of layers disposed at different locations according to a specific direction (Fig. 3, plurality of tubes 46 are layered next to each other at different locations along the horizontal (i.e., specific) direction) such that the introduced water (Col. 8, lines 20-27, heat water within the solution/fluid) flows along the specific direction to be discharged (Fig. 3, water within the solution/fluid flows through the plurality of tubes 46 along the horizontal direction), and
wherein the specific direction is an opposite direction to a direction in which the fan blows the air (Fig. 1 blower 18 blows air in the vertical direction, which is an opposite direction to the specific direction).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hays et al. (US4449511A, hereinafter Hays) in view of Park (US 5979372 A) and further in view of Cheng et al. (CN 209130848 U), hereafter Cheng.
Reference is made to the attached Chinese to English machine translation of Cheng ‘848.
Regarding claim 7, Hays, as modified above, discloses the air heating apparatus of claim 1.
However, Hays, as modified above, does not disclose a filtering device disposed in the main passage and configured to filter out foreign substances from the water supplemented in the main passage from the expansion tank.
Cheng discloses a boiler (Par. 0024) similar to the present invention and Cheng further discloses it is known to have a filtering device (Fig. 1, filter screen 13) disposed in a main passage (Par. 0004 and Fig. 1, the pipes enabling continuous flow, including continuous sewage pipe 11 and connecting pipe 14 which filter screen 13 is located between) and configured to filter out foreign substances (Fig. 1 and Pg. 5, last 7 lines, liquid is filtered. A person of ordinary skill in the art would understand the broadest reasonable interpretation of “liquid is filtered” includes removing what is not pertinent (i.e., foreign entities)) from water (Fig. 1 and Pg. 5, last 7 lines, condensed water) supplemented in the main passage from a tank (Par. 0025, boiler continuous sewage expansion tank).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the main passage of Hays to include the filtering device of Cheng in order to prevent the long-term accumulation of dirt particles, as suggested by Pg. 6, first two lines, of Cheng, and thereby decrease the risk of damage to other components and increase reliability.
Claims 8-10, 13, 14, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Hays et al. (US4449511A, hereinafter Hays) in view of Park (US 5979372 A) and further in view of Macintyre et al. (US 20010048032 A1, hereafter Macintyre).
Regarding claim 8, Hays, as modified above, discloses the air heating apparatus of claim 1, further comprising a processor (Col. 6, line 46, controller).
However, Hays, as modified above, does not explicitly disclose a processer configured to control a temperature of the water that passes through the heating heat exchanger through the main passage and is returned to the heat exchanging device.
Macintyre discloses a water heating apparatus (Abstract) similar to the present invention and Macintyre further discloses it is known that a processor (Par. 0022, lines 1-3, controller 19, which has a processor) is configured to control a temperature of water (Fig. 1 and Par. 0022, lines 5-11, temperature of the water measured by thermocouple 18) that passes through a heating heat exchanger (Fig. 1 and Par. 0016, heat exchanger 10) through a main passage (Fig. 1, Par. 007, lines 1-4; and Par. 0009; tubes forming water flow path, including tubes 31, 32, 33, 36, and 38) and is returned to a heat exchanging device (Fig. 1 and Par. 0029, lines 1-2, heat exchanger 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the processor of Hays to include the capabilities of the same of Macintyre and modified the air heating apparatus of Hays to include the thermocouple 18 of Macintyre in order to decrease the risk of overshooting and undershooting the temperature of the water system, as suggested by Par. 0022, lines 5-11 and Par. 0021, last 11 lines of Macintyre, which improves heating efficiency and improves component longevity.
Regarding claim 9, Hays, as modified above, discloses the air heating apparatus of claim 8. However, Hays, as modified above, does not disclose the processor is configured to:
control a temperature of the returning water by controlling a flow rate of the water.
Macintyre further discloses the processor (Par. 0022, lines 1-3, controller 19, which has a processor) can be configured to control a temperature (Fig. 1 and Par. 0028, lines 6-19, temperature of the water measured by thermocouple 18) of the returning water (Fig. 1, Par. 007, lines 1-4; and Par. 0009; water in water flow path, which may return to the same components, such as the first heat exchanger 10 located near thermocouple 18) by controlling a flow rate (Par. 0028, lines 6-19 and Par. 0030, lines 10-14, flow of water is increased when controller 19 turns pump 9 on) of the water (Par. 0028, lines 6-19, water).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the processor of Hays, as modified above, to include the additional capabilities of the same of Macintyre and modified the air heating apparatus of Hays to include the flow sensor switch 12 and switch 14 of Macintyre in order to ensure there is a sufficient flow of water and airflow, as suggested by Par. 0028, lines 12-15 of Macintyre, and thereby improve safety and protect components from damage, as suggested by Par. 0028, lines 15-19 of Macintyre.
Regarding claim 10, Hays, as modified above, discloses the air heating apparatus of claim 9, further comprising:
a water temperature acquiring device (Fig. 1 and Par. 0028, lines 6-19, thermocouple 18) configured to acquire the temperature of the returning water (Fig. 1, Par. 007, lines 1-4; and Par. 0009; water in water flow path, which may return to the same components, such as the first heat exchanger 10 located near thermocouple 18),
wherein the processor (Par. 0028, lines 6-19, controller 19) is configured to:
control the flow rate of the water (Par. 0028, lines 6-19, flow of water in increased when controller 19 turns pump 9 on) based on a preset water temperature and an acquisition water temperature (Fig. 1, temperature of water entering heat exchanger 10, as measured by thermocouple 18) that is the water temperature acquired by the water temperature acquiring device (Fig. 1 and Par. 0028, lines 6-19, thermocouple 18).
However, Hays, as modified above, does not disclose a water temperature acquiring device electrically connected to the processor wherein the processor is configured to:
control the flow rate of the water based on a preset water temperature.
Macintyre further discloses a water temperature acquiring device (Fig. 1 and Par. 0028, lines 6-19, thermocouple 18) electrically connected to the processor (Par. 0022, lines 5-11, controller 19, which tracks the temperature registered by thermocouple 18 via signals (i.e., electrical connection))
wherein the processor (Par. 0028, lines 6-19, controller 19) is configured to:
control the flow rate of the water (Par. 0028, lines 6-19 and Par. 0030, lines 10-14, flow of water is increased when controller 19 turns pump 9 on) based on a preset water temperature (Par. 00028, significant rate of temperature drop, such as 3°C, which necessarily must be preset for the controller 19 to use it during operation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the processor of Hays, as modified above, to include the further features of the same of Macintyre in order to counteract significant temperature drops, as suggested by Par. 0028, lines 1-19 of Macintyre, and thereby increase the reliability of the air heating apparatus.
Regarding claim 13, Hays, as modified above, discloses a pump (From Hays: Fig. 1, pump 42) disposed in the main passage (From Hays: Col. 5, lines 28-33, closed loop between primary heat exchanger 12 and secondary heat exchanger 14, which includes lines 24, 26, and 44) to pump the water (From Hays: Col. 7, lines 33-38, water in the mixture) wherein the pump is electrically connected to the processor (From Hays: Col. 6, lines 45-47 and Fig. 7, controller, which electrically controls the pump 42 via contacts 79. See Col. 7, lines 31-33).
Regarding claim 14, Hays, as modified above, discloses the processor (From Hays: Col. 6, lines 45-47 and Fig. 7, controller) is electrically connected (From Hays: Col. 8, lines 28-32 and Fig. 7, via ignition control 80) to the burner (From Hays: Col. 3, lines 35-60, burner, which must be ignited for combustion to begin) to adjust a heat energy (From Hays: Col. 3, lines 35-60 and Col. 9, lines 5-8; fuel valve 28. The magnitude of combustion can be adjusted via fuel valve 28, therefore this meets the limitation “to adjust a heat energy”) generated in the combustion reaction (From Hays: Col. 3, lines 35-60, combustion begins) through control of the combustion reaction caused by the burner (Col. 3, lines 13-15, “burner for combusting fuel”).
Regarding claim 18, Hays discloses the air heating apparatus of claim 8, further comprising:
a case (Fig. 1, front wall 105, back wall 107, side walls 106, 108, top wall, bottom wall), in which the processor (From Hays: Col. 6, line 46, controller), the burner (Col. 4, lines 38-39, burner), the heat exchanging device (Col. 7, lines 51-58, primary heat exchanger 12 which receives heat from the combusting fuel (i.e., sensible heat exchanger) and Col. 8, lines 10-21, recuperator 16 which extracts heat from the flue gases of the combusting fuel (i.e., latent heat exchanger)), the heating heat exchanger (Col. 5, lines 28-35, secondary heat exchanger 14, which receives heated water within the solution/fluid from the primary heat exchanger 12), the fan (Fig. 1 and Col. 7, lines 49-51, blower 30), are embedded,
However, Hays does not disclose an air temperature acquiring device electrically connected to the processor and configured to acquire a temperature of a returning air;
a flow rate acquiring device electrically connected to the processor and configured to acquire a flow rate of the water that flows through the main passage; and
wherein the processor is configured to:
control a temperature of the returning water based on the temperature acquired by the air temperature acquiring device and the flow rate acquired by the flow rate acquiring device.
Macintyre discloses a water heating apparatus (Abstract) similar to the present invention and Macintyre further discloses an air temperature acquiring device (Par. 0029, last 7 lines, thermocouple 16) electrically connected to the processor (Par. 0029, last 7 lines, controller 19. Given the controller 19 is an electrical component in operational communication with the thermocouple 16, this necessarily means thermocouple 16 is electrically connected to the controller 19) and configured to acquire a temperature of a returning air (Par. 0029, last 7 lines, temperature in the flue gases)
a flow rate acquiring device (Par. 0030, last 5 lines, flow switch 12) electrically connected to the processor (Par. 0029, last 7 lines, controller 19. Given the controller 19 is an electrical component in operational communication with the flow switch 12, this necessarily means flow switch 12 is electrically connected to the controller 19) and configured to acquire a flow rate of the water (Par. 0030, last 5 lines, water flow) that flows through the main passage (Fig. 1, Par. 007, lines 1-4; and Par. 0009; tubes forming water flow path, including tubes 31, 32, 33, 36, and 38); and
wherein it is known that a processor (Par. 0029, last 7 lines, controller 19) can be configured to:
control a temperature (Fig. 1 and Par. 0029, lines 12-13, temperature of the water measured by thermocouple 15) of the returning water (Fig. 1, Par. 007, lines 1-4; and Par. 0009; water in water flow path, which may return to the same components, such as the tube-and-fin heat exchanger 5 located near thermocouple 15) based on the temperature acquired (Par. 0029, last 7 lines, temperature acquired by thermocouple 16) by the air temperature acquiring device (Par. 0029, last 7 lines, thermocouple 16) and the flow rate (Par. 0028, lines 6-19 and Par. 0030, lines 10-14, flow of water is increased when controller 19 turns pump 9 on) acquired by the flow rate acquiring device (Par. 0030, last 5 lines, flow switch 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the air heating apparatus of Hays to include the flow rate acquiring device and processor of Macintyre and modified the processor of Hays to include the capabilities of the same of Macintyre in order to keep the water in the main passage and flue gases within predetermined temperatures, as suggested by Par. 0029, lines 12-26 of Macintyre, and thereby improve efficiency and protect components from damage, as suggested by Par. 0029, lines 18-22 and 25-28 of Macintyre.
As a result of the above modification, the air temperature acquiring device of Macintyre must necessarily be in the case of Hays because Macintyre discloses the air temperature acquiring device is next to the heat exchanger and the heat exchanger of Hays is within the case. Similarly, the flow rate acquiring device must necessarily be in the case of Hays because Macintyre discloses the flow rate acquiring device acquires a flow rate of the water that flows through the main passage and the main passage of Hays is within the case.
Claims 11, 12, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Hays et al. (US4449511A, hereinafter Hays) in view of Park (US 5979372 A) and Macintyre et al. (US 20010048032 A1, hereafter Macintyre) and further in view of Sato et al. (US 20180059746 A1), hereafter Sato.
Regarding claim 11, Hays, as modified above, discloses the air heating apparatus of claim 10.
However, Hays, as modified above, does not disclose wherein the processor is configured to:
control such that the flow rate of the water is decreased when the acquisition water temperature is higher than the preset water temperature.
Sato discloses a solution to the problem of unreliable and inefficient heat exchange (Abstract) similar to the solution of the problem of unreliable and inefficient heat exchangers in the present invention. Sato further discloses it is known that a processor (Par. 0080, control unit 150A) can be configured to:
control such that a flow rate (Par. 0081, lines 4-7, flow rate) is decreased (Par. 0090, the degree of opening of valve 400 is decreased, which necessarily means the flow rate is decreased as well. See Par. 0065, last 8 lines) when an acquisition temperature (Pars. 0082 and 0083, ΔT,t and ΔT,b which are acquired from temperature sensors 300a, 300b1, and 300b2) is higher (Fig. 9, Step 303, if ΔT,t and ΔT,b are higher than ΔT,min + T1, then step 307 will occur if valve 400 is opened beyond a minimum degree of opening.) than a preset temperature (Par, 0063, last 5 lines, ΔT,min, which can be determined by an experiment before operation and Par. 0081, lines 10-14, T1, which can be “set to, for example 4°C, and the like”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the processor of Hays, as modified above, with the capabilities of the same of Sato and modify the air heating apparatus of Hays to include the valve 400 of Sato in order to supply water at a necessary flow rate by changing a degree of opening of a flow rate control valve, as suggested by the last two lines of Par. 57 of Sato, and thereby provide a redundant way of controlling the water temperature of the air heating apparatus for more reliable performance.
Regarding claim 12, Hays, as modified above, discloses the air heating apparatus of claim 9, further comprising a flow rate control valve (From Sato: Fig. 9, valve 400) to adjust the flow rate (From Sato: Par. 0081, lines 4-7, flow rate) of the water (From Hays: Col. 6, lines 20-26) that flows through the main passage (Col. 5, lines 28-33, closed loop between primary heat exchanger 12 and secondary heat exchanger 14, which includes lines 24, 26, and 44) through opening (From Sato: Fig. 9, step 308. When the degree of opening of valve 400 is increased, the flow rate is necessarily increased as well. See Par. 0065, last 8 lines) and closing (From Sato: Fig. 9, step 305. When the degree of opening of valve 400 is decreased, the flow rate is necessarily decreased as well. See Par. 0065, last 8 lines) thereof, and electrically connected (From Sato: Fig. 8, valve 400 is in electrical communication with control unit 150A) to the processor (From Hays: Col. 6, lines 45-47 and Fig. 7, controller) to be controlled.
Regarding claim 15, Hays, as modified above, discloses the air heating apparatus of claim 14 and a processor (From Hays: Col. 6, line 46, controller) is configured to:
control the heat energy (From Hays: Col. 3, lines 35-60 and Col. 9, lines 5-8; fuel valve 28. The magnitude of combustion can be adjusted via fuel valve 28, therefore this meets the limitation “control…the heat energy”).
However, Hays, as modified above, does not disclose an air temperature acquiring device electrically connected to the processor and configured to acquire a temperature of a returning air; and
a flow rate acquiring device electrically connected to the processor and configured to acquire the flow rate of the water that flows through the main passage,
wherein the processor is configured to:
control the flow rate of the water and the heat energy based on a mapping table, in which the temperature of the returning air, the flow rate of the water and the heat energy correspond to each other, and a preset air temperature.
Macintyre further discloses an air temperature acquiring device (Par. 0029, last 7 lines, thermocouple 16) electrically connected to the processor (Par. 0029, last 7 lines, controller 19. Given the controller 19 is an electrical component in operational communication with the thermocouple 16, this necessarily means thermocouple 16 is electrically connected to the controller 19) and configured to acquire a temperature of a returning air (Par. 0029, last 7 lines, temperature in the flue gases); and
a flow rate acquiring device (Par. 0030, last 5 lines, flow switch 12) electrically connected to the processor (Par. 0029, last 7 lines, controller 19. Given the controller 19 is an electrical component in operational communication with the flow switch 12, this necessarily means flow switch 12 is electrically connected to the controller 19) and configured to acquire the flow rate of the water that flows through the main passage (Par. 0030, last 5 lines, water flow),
and that it is known for the processor (Fig. 1, controller 19) to be configured to:
control the flow rate of the water (Par. 0030, last 5 lines, water flow) and the heat energy (Par. 0030, last 5 lines, gas valve 2. The magnitude of combustion can be adjusted via gas valve 2, therefore this meets the limitation “control…the heat energy”) and a preset air temperature (Par. 0029, last 7 lines, third predetermined temperature).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the air heating apparatus of Hays to include the air temperature acquiring device and flow rate acquiring device of Macintyre in order to prevent damage to the flue gas components, such as melting or burning as suggested by Par. 0029, last 4 lines of Macintyre, and thereby decrease the risk of damage to components from the flue gases.
However, Macintyre does not disclose wherein the processor is configured to:
control the flow rate of the water and the heat energy based on a mapping table, in which the temperature of the returning air, the flow rate of the water and the calorie correspond to each other, and a preset air temperature.
Sato discloses a solution to the problem of unreliable and inefficient heat exchange (Abstract) similar to the solution of the problem of unreliable and inefficient heat exchangers in the present invention. Sato further discloses it is known that a processor (Par. 0080, control unit 150A) can be configured to:
control a flow rate (Par. 0081, lines 4-7, flow rate) and the heat energy (Fig. 18, the heat generation quantity P can be 5 or 10 kW. The magnitude of the heat can be 5 or 10 kW, therefore this meets the limitation “control…the heat energy”) based on a mapping table (Par. 0080, lines 1-4, data table 153), in which the temperature of a returning air (Par. 0081-0083, temperature acquired by temperature sensor 300a), the flow rate of the liquid (Par. 0080, degree of opening of valve 400. See Par. 0065, last 8 lines) and the calorie (Par. 0081, lines 1-7, heat generation quantity) correspond to each other.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the processor of Hays to include the mapping table of Sato in order to decrease the processing time for a processor to compute how it should react to an input and thereby increase the efficiency of the air heating apparatus.
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance for claims 16 and 17:
Prior art references Hays et al. (US4449511A, hereafter Hays) and Macintyre et al. (US 20010048032 A1, hereafter Macintyre), represent the closest prior art of record to the applicant’s claimed invention as recited in claim 16.
Regarding claim 16, Hays discloses the heat exchanging device (Col. 7, lines 51-58, primary heat exchanger 12 which receives heat from the combusting fuel (i.e., sensible heat exchanger) and Col. 8, lines 10-21, recuperator 16 which extracts heat from the flue gases of the combusting fuel (i.e., latent heat exchanger)) includes:
a sensible heat exchanger (Col. 7, lines 51-58, primary heat exchanger 12 which receives heat from the combusting fuel (i.e., sensible heat exchanger)) configured to receive the heat generated by the combustion reaction and heat the water that flows through an interior thereof (From Hays: Col. 7, lines 51-58, heat is transferred the mixture, which includes water); and
a latent heat exchanger (Col. 8, lines 10-21, recuperator 16 which extracts heat from the flue gases of the combusting fuel (i.e., latent heat exchanger)) configured to use latent heat of the combustion gas generated by the combustion reaction (Col. 8, lines 10-21, latent heat is recovered by the condensation of the flue gases).
However, Hays, as modified above, does not disclose the latent heat exchanger is configured to heat the water that flows through the interior thereof.
Macintyre discloses it is known that a latent heat exchanger (Par. 0016, lines 12-15, heat exchanger 10 for transferring sensible and latent heat) can be configured to heat the water that flows through the interior thereof (Par. 0016, lines 12-15, in particular, “heat…water in the water flow path”).
However, the Examiner finds no reasonable combination to teach “a latent heat exchanger is configured to heat the water that flows through the interior thereof” in combination with the rest of the limitations of claim 16. In particular, primary reference Hays discloses the latent heat exchanger is configured to heat the air because this preheats the air before it arrives at heat exchanger 14, thereby increasing the efficiency of the air heating apparatus (From Hays: Col. 8, lines 1-25). Therefore, examiner finds no reasonable combination to teach the latent heat exchanger is configured to heat the water flowing through the heat exchanging device instead of the air, in combination with the rest of the limitations of claim 16.
Claim 17 is objected to as having allowable subject matter at least by virtue of its dependency on claim 16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Carlson et al. (US 3134543 A) discloses a water supplementing pipeline configured to supplement the water in the expansion tank; and a drain pipeline connected to the expansion tank and having an upper end located within the expansion tank and disposed on a lower side of the expansion opening, such that a level of the water accommodated in the expansion tank is maintained at less than a limit level by discharging the water accommodated in the expansion tank; wherein a distal end of the water supplementing pipeline, from which the water is discharged, is disposed adjacent to the expansion opening such that the discharged water drops into the expansion tank to supplement the water accommodated therein (claim 1); and a water level sensor acquiring device configured to acquire a level of the water accommodated in the expansion tank (claim 4).
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/E.A.L./Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762