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 4/15/2026 have been fully considered but they are not persuasive.
The Applicant has argued that White teaches the opposite of maintaining a heating of air when air is already being heated and demand for hot water initiates, as recited in claim 10 of the present application. Because White teaches operating principles that directly oppose those of the present application, the Applicant asserts that White therefore teaches away from the subject matter defined by claim 10 and that the skilled person would have no motivation to combine White with document Armijo or other documents to arrive at the subject matter defined by claim 10.
The Office respectfully disagrees because although White does prioritize the delivery of hot water, but if the system where stable, producing sufficient heated air and heat water there would be no need to discontinue the heating air process, although not specifically stated and so the teaching art Armijo was applied.
The Applicant further argues that there would have no motivation to apply Armijo towards arriving at maintaining a heating of air if air is already being heated and if there is a simultaneous demand for hot air and hot water.
The Office respectfully disagrees because why would someone stop a heating operation if the temperature goals are not reached and there is sufficient energy to heat both; the Office contends that the Applicant is reading limitations into claim 10 which do not exist
The Applicant also argued that Talbert, et al. (US 6109,339) does not remedy insufficiencies of the rejection of independent claim 10, which is moot because the rejection stands regarding claim 10.
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 10-11,16 and 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over White (US 2022/0146147) and Armijo et al. (US 5,544,645).
Regarding claim 10, White (W) discloses a method for controlling the heating of air and water in a combination apparatus including a water heating assembly (104, Figure 1) and an air heating assembly (106) the method comprising: detecting a presence of an air heating demand; detecting a presence or absence of a hot water demand (via (102), [0029]), and if hot water demand is present when the presence of the air heating demand is detected and if the air heating assembly is not already heating air, heating air by the air heating assembly after a predetermined delay.
White (W) does not disclose the method steps of: if the hot water demand is absent when the presence of the air heating demand is detected, heating air by the air heating assembly, or if the hot water demand is present when the presence of the air heating demand is detected and if the air heating assembly is already heating air, maintaining the heating of the air by the air heating assembly.
However, Armijo (A) discloses a combined water heater and spaced heater (Abstract) with the method step of: if the hot water demand is absent when the presence of the air heating demand is detected, heating air by the air heating assembly or if the hot water demand is present when the presence of the air heating demand is detected and if the air heating assembly is already heating air, maintaining the heating of the air by the air heating assembly (C12, L14-23). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to supply heated air and water when requested, as is the typical operation of simple combination heater device.
Regarding claim 11, White (W), as modified, discloses the method of claim 10 wherein the predetermined delay utilizes a timer (W- [0010], i.e., control interface circuit).
Regarding claim 16, White (W), as modified, discloses the method of claim 10
further comprising: heating water by the water heating assembly in response to detecting the presence of the hot water demand (W- [0030]).
Regarding claim 18, White (W), as modified, discloses the method of claim 10
wherein the presence of the hot water demand is detected by receiving an input from a sensor (W-132, [0030]).
Regarding claim 19, White (W), as modified, discloses the method of claim 10 wherein the air heating demand is detected when a thermostat detects an air temperature below a set point (W-132, [0029]).
Regarding claim 20, White (W), as modified, discloses the method of claim 10 wherein heating the air by the air heating assembly includes enabling an air circulation blower of the air heating assembly (W-202, [0029,0032]).
Regarding claim 21, White (W), as modified, discloses the method of claim 10 wherein the air is heated by the air heating assembly using a water to air heat exchanger (W-202, [0029,0032]).
Claims 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over White (US 2022/0146147), Armijo et al. (US 5,544,645), and Talbert, et al. (US 6109,339).
Regarding claim 15, White (W), as modified, discloses the method of claim 10, but not the steps of detecting an absence of the air heating demand when the air heating assembly is heating air; and initiating an air heating post purge function in response to detecting the absence of the air heating demand when the air heating assembly is heating air.
However, Talbert (T) discloses a combined heating system (Abstract) with the steps of: detecting an absence of the air heating demand when the air heating assembly is heating air; and initiating an air heating post purge function in response to detecting the absence of the air heating demand when the air heating assembly is heating air (C21, L47-57). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to apply the post purge step in order to prevent excessive heating of the heat exchanger, whilst preventing scale buildup.
Regarding claim 17, White (W), as modified, discloses the method of claim 16, but not the step of: initiating a water heating post purge function in response to detecting the absence of the hot water demand when the water heating assembly is heating water.
However, Talbert (T) discloses a combined heating system (Abstract) with the steps of: initiating a water heating post purge function in response to detecting the absence of the hot water demand when the water heating assembly is heating water (C21, L47-57). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to apply the post purge step in order to prevent excessive heating of the heat exchanger, whilst preventing scale buildup.
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.
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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