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 9/4/2025 have been fully considered but they are not persuasive.
The Applicant has argued that Van der Donk et al. (US 2014/0231531) does not disclose a fuel sensor configured to detect an amount of fuel within a fuel supply for a furnace of heating system because the prior art discloses a pressure sensor (40); the Office respectfully disagrees.
Van der Donk determines whether or not the gaseous fuel pressure is within a range (Abstract), so when the pressure is zero, there is no fuel and thus the fuel amount is zero and so reads on the rather broad claim language.
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 and 7-8 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Van der Donk et al. (US 2014/0231531).
Regarding claim 1, Donk (D) discloses a method for monitoring operation of a heating system configured to heat a space, the method comprising: obtaining, by one or more computing devices (30), data from a fuel sensor (40) for a period of time (Abstract), the fuel sensor configured to detect an amount of fuel within a fuel supply for a furnace of the heating system; ([0093]) determining, by the one or more computing devices, an adjustment to the operation of the heating system based, at least in part, on the data obtained from the fuel sensor; and adjusting, by the one or more computing devices, the operation of the heating system according to the adjustment ([0049]).
Regarding claim 2, Donk (D) discloses the method of claim 1, wherein when the data obtained from the fuel sensor indicates the amount of fuel within the fuel supply is constantly decreasing during the period of time, the adjustment comprises shutting down the heating system ([0093]).
Regarding claim 7, Donk (D) discloses the method of claim 1, wherein the adjustment comprises repairing ([0044]) or replacing the one or more components.
Regarding claim 8, Donk (D) discloses the method of claim 1, wherein the method further comprises: providing, by the one or more computing devices, a notification to indicate the adjustment being made to the heating system ([0045]).
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Van der Donk et al. (US 2014/0231531).
Regarding claim 3, Donk (D) discloses the method of claim 1, but not that the period of time ranges from about 12 hours to about 24 hours.
However, Donk (D) discloses that the time interval is relatively long in order to detect low pressure drops ([0093]) without mentioning a specific time interval range. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to calculate the proper interval time to that which is most likely to provide accurate monitoring of a slow gas leak, particularly because no criticality of the time interval has been disclosed in the applicant’s written disclosure.
Claims 4,6,18-21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Van der Donk et al. (US 2014/0231531) and Jacobs (US 2021/0232110).
Regarding claim 4, Donk (D) discloses the method of claim 1, but not that he method further comprises: obtaining, by the one or more computing devices, data from a plurality of temperature sensors for the period of time, each of the plurality of temperature sensors disposed within a different zone of the space; and when determining the adjustment to the operation of the heating system comprises determining, by the one or more computing devices, the adjustment based, at least in part, on the data obtained from the fuel sensor and the data obtained from the plurality of temperature sensors.
However, Jacobs (J) discloses a fuel consumption monitoring device (Abstract), wherein the method further comprises: obtaining, by the one or more computing devices (18), data from a plurality of temperature sensors (14) for the period of time, each of the plurality of temperature sensors disposed within a different zone of the space ([0029]); and when determining the adjustment to the operation of the heating system comprises determining, by the one or more computing devices, the adjustment based, at least in part, on the data obtained from the fuel sensor and the data obtained from the plurality of temperature sensors ([0031]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to monitor individual room temperatures as well as fuel use to correlate the proper functioning of the furnace, thus ensuring no malfunctions such as gas leaks occur.
Regarding claim 6, Donk (D), as modified, discloses the method of claim 4, wherein when the data obtained from the fuel sensor indicates the amount of fuel within the fuel supply is constantly decreasing and the data obtained from the plurality of temperature sensors indicates a temperature at one or more zones of the space stays constant or decreases, the adjustment comprises performing a maintenance action on one or more components of the heating system ([0032-0033]).
Regarding claim 18, Donk (D) discloses a system for monitoring operation of a heating system for a space, the system comprising: a fuel sensor (40) configured to detect an amount of fuel within a fuel supply for the heating system; and one or more computing devices (30) configured to: obtain data from the fuel sensor for a period of time (Abstract), the data indicative of the amount of fuel within the fuel supply; determine an adjustment to the operation of the heating system based, at least in part, on the data obtained from the fuel sensor ([0093]); and adjust the operation of the heating system according to the adjustment ([0049]), but does not disclose a plurality of temperature sensors that are separate from a thermostat of the heating system, each of the plurality of temperature sensors disposed within a different zone of the space;
However, Jacobs (J) discloses a fuel consumption monitoring device (Abstract), wherein the system further comprises a plurality of temperature sensors (14) that are separate from a thermostat of the heating system, each of the plurality of temperature sensors disposed within a different zone of the space ([0029]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to monitor individual room temperatures as well as fuel use to correlate the proper functioning of the furnace, thus ensuring no malfunctions such as gas leaks occur.
Regarding claim 19, Donk (D), as modified, discloses the system of claim 18, wherein when the data indicates the amount of fuel within the fuel supply is constantly decreasing during the period of time, the adjustment to the operation of the heating system is associated with shutting down a furnace of the heating system ([0032-0033]).
Regarding claim 20, Donk (D), as modified, discloses the system of claim 18, wherein the one or more computing devices are further configured to: obtain data from the plurality of temperature sensors for the period of time ([0029]).
Regarding claim 21, Donk (D), as modified, discloses the system of claim 20, wherein the one or more computing devices are further configured to: determine the adjustment to the heating system based, at least in part, on the data obtained from the fuel sensor and the data obtained from the plurality of temperature sensors and output an audible notification and/or a visual notification to indicate the adjustment being made to the heating system (D- [0045]).
Regarding claim 23, Donk (D), as modified, discloses the system of claim 18, wherein the fuel sensor comprises an ultrasonic sensor (D- [0006]).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Van der Donk et al. (US 2014/0231531) and Call et al. (US 2016/0062332).
Regarding claim 10, Donk (D) discloses the method of claim 1, but not that the method further comprises: obtaining, by the one or more computing devices, data indicative of weather conditions associated with an external environment in which the space is located.
However, Call (C) discloses a smart HVAC (Abstract) with the method steps of: obtaining, by the one or more computing devices, data indicative of weather conditions ([0025]) associated with an external environment in which the space is located. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to account for the external temperature in order to properly compensate for thermal gains or losses from or into each room to help provide the proper fuel requirements.
Regarding claim 11, Donk (D), as modified, discloses the method of claim 10, wherein determining the adjustment to the operation of the heating system comprises determining, by the one or more computing devices, the adjustment based, at least in part, on the data obtained from the fuel sensor and the data indicative of weather conditions associated with the external environment in which the space is located ([0007]).
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Van der Donk et al. (US 2014/0231531) and Martel (US 5,642,097).
Regarding claim 12, Donk (D) discloses the method of claim 1, but not the steps of: determining, by the one or more computing devices, whether the amount of fuel in the fuel supply is less than threshold amount based, at least in part, on the data obtained from the fuel sensor; responsive to determining the amount of fuel remaining in the fuel supply is less than a threshold amount, providing, by the one or more computing devices, a notification to prompt a user to perform a maintenance action on the fuel supply.
However, Martel (M) discloses a fuel tank gauge (Abstract) that determines, by the one or more computing devices, whether the amount of fuel in the fuel supply is less than threshold amount based, at least in part, on the data obtained from the fuel sensor (23); responsive to determining the amount of fuel remaining in the fuel supply is less than a threshold amount, providing, by the one or more computing devices, a notification to prompt a user to perform a maintenance action on the fuel supply (C5,L30-38). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to monitor the fuel level within a system and provide notice if there was a possibility of fuel exhaustion which could lead to lead to discomfort or death to inhabitants within a building relying on the furnace heat for survival.
Regarding claim 13, Donk (D), as modified, discloses the method of claim 12, wherein the maintenance action is associated with filling the fuel supply with fuel until the amount of fuel within the fuel supply is greater than the threshold amount (C5, L30-38).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Van der Donk et al. (US 2014/0231531), Jacobs (US 2021/0232110), and Zavodny et al. (US 2012/0318073).
Regarding claim 22, Donk (D), as modified, discloses the system of claim 21, wherein when the data obtained from the fuel sensor indicates the amount of fuel within the fuel supply is constantly decreasing ([0032-0033]), but not acquiring the data obtained from the plurality of temperature sensors indicates a temperature at one or more zones of the space stays constant or decreases, the adjustment comprises performing a maintenance action on one or more components of the heating system.
However, Zavodny (Z) discloses a HVAC monitoring system (Abstract) wherein the data obtained from the plurality of temperature sensors indicates a temperature at one or more zones of the space stays constant or decreases, the adjustment comprises performing a maintenance action on one or more components of the heating system (J- [0079-0080]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to monitor the fuel usage rate along with a temperature differential to ensure that the system was performing properly. As a clarification, fuel starvation as well as oxygen starvation would affect the combustion in the furnace and thus the heat output indicative of a malfunction or need for servicing.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Van der Donk et al. (US 2014/0231531) and Jacobs (US 2021/0232110).
Regarding claim 24, Donk (D), as modified, discloses the system of claim 18, but not that the period of time ranges from about 12 hours to about 24 hours.
However, Donk (D) discloses that the time interval is relatively long in order to detect low pressure drops (D- [0093]) without mentioning a specific time interval range. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to calculate the proper interval time to that which is most likely to provide accurate monitoring of a slow gas leak, particularly because no criticality of the time interval has been disclosed in the applicant’s written disclosure.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Van der Donk et al. (US 2014/0231531), Jacobs (US 2021/0232110), and Martel (US 5,642,097).
Regarding claim 27, Donk (D), as modified, discloses the system of claim 18, but not that the fuel supply comprises a tank, and wherein the one or more computing devices stores a threshold amount related to fuel remaining in the tank, the one or more computing devices further configured to compare the data obtained from the fuel sensor with the threshold amount and adjust operation of the heating system when the data indicative of the amount of fuel within the fuel supply is less than the threshold amount.
However, Martel (M) discloses a fuel tank gauge (Abstract) wherein the fuel supply comprises a tank (16), and wherein the one or more computing devices stores a threshold amount related to fuel remaining in the tank, the one or more computing devices further configured to compare the data obtained from the fuel sensor (23) with the threshold amount and adjust operation of the heating system when the data indicative of the amount of fuel within the fuel supply is less than the threshold amount (C5,L30-38). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to monitor the fuel level within a system and provide notice if there was a possibility of fuel exhaustion which could lead to lead to the furnace not functioning.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Van der Donk et al. (US 2014/0231531), Jacobs (US 2021/0232110), and Call et al. (US 2016/0062332).
Regarding claim 28, Donk (D), as modified, discloses the system of claim 18, but not that the one or more computing devices is configured to obtain weather data associated with an external environment in which the space is located; and the one or more computing devices is configured to compare the data from the fuel sensor with the weather data and determine whether fuel consumption is consistent with weather conditions associated with the sensed weather data.
However, Call (C) discloses a smart HVAC (Abstract) wherein: the one or more computing devices is configured to obtain weather data ([0025]) associated with an external environment in which the space is located; and the one or more computing devices is configured to compare the data from the fuel sensor with the weather data and determine whether fuel consumption is consistent with weather conditions associated with the sensed weather data ([0007]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to account for the external temperature in order to properly compensate for thermal gains or losses from or into each room to help provide the proper fuel requirements.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steve McAllister can be reached at (571) 272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN E BARGERO/Examiner, Art Unit 3762
/STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762
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