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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on October 3rd 2022 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claims status:
Claims 1-20 are pending.
Claims 1-20 are amended.
Claims 1-20 are examined as follow:
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 18 and 19 are rejected under 35 U.S.C. 101 because the claimed invention in claim 18 and 19 are directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because:
In claim 18, the claimed invention is directed to non-statutory subject matter of computer program or software per se, because the product does not have a physical or tangible form, when claimed as a product without any structural recitations.
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In claim 19, the claimed invention is directed to non-statutory subject matter of signal per se, even though the present application’s specification does discuss medium with 'non-transitory' but the specification uses open ended language so the implication is it could cover the BRI. The broadest reasonable interpretation of the claims therefore cover forms of non‐transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media. The specification appears to be silent about what comprises a computer readable medium. Accordingly, since the broadest reasonable interpretation of claim 19 covers a signal per se, the claims are considered as covering non‐statutory subject matter (In Re Nuijten, 500 F.3d 1436, 1356‐57 Fed. Cir. 2007; Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. 101, 24 Aug 2009 p. 2). Accordingly, the recited medium of claim 19 is nonstatutory subject matter. The Examiner respectfully recommends amending the preamble of claim 19 to "A non‐transitory tangible computer‐readable storage medium…”
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim limitation “mixing arrangement” in claims 1 and 11 have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “arrangement" coupled with functional language “… is configured to subtract fluid from the heat storage device [[(20)]] and to regulate the temperature of the fluid entering the heat distribution system [[(40)]] and control the temperature of the returning fluid from the heating distribution system [[(40)]] to the heat storage device…” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier. A review of the specification shows that, although it is not clear, the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112, sixth paragraph limitation: The limitation “mixing arrangement" has been described in Page 10 cited: “…mixing arrangement may comprise a mixing valve and a circulation pump…”.
Claim limitation “bypass arrangement” in claims 1 has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “arrangement" coupled with functional language “…for bypassing the heat storage device…” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier. A review of the specification shows that, although it is not clear, the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112, sixth paragraph limitation: The limitation “mixing arrangement" has been described in Page 19 cited: “…the bypass arrangement may comprise a bypass valve and a bypass line…”.
Claim limitation “heating arrangement” in claims 11 has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “arrangement" coupled with functional language “…heating…” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier. A review of the specification shows that, although it is not clear, the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112, sixth paragraph limitation: The limitation “heating arrangement" has been described in Page 23-26 cited as a heater and can be different types.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-20 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.
Claim 1 is indefinite, because:
It is unclear what “fluid” is for the term “…supply fluid…” in line 12, is such fluid for “the stored fluid”, “ingoing fluid”, “outgoing fluid”? Clarification if required.
It is unclear what “fluid” is for the term “…subtract fluid…” in line 15, is such fluid for “the stored fluid”, “ingoing fluid”, “outgoing fluid”, “returning fluid”? Clarification if required.
The limitation “…the temperature of the fluid…” in line 16, is lack of antecedent basis in the claim.
The limitation “…the heat distribution system…” in line 16 – 17, is lack of antecedent basis in the claim. Examiner assumed that this is referring to as “the heating distribution system” instead.
The limitation “…the temperature of the returning fluid…” in line 18, is lack of antecedent basis in the claim.
The limitation “…returning fluid…” in line 26 is already recited in line 13, it is unclear how many “returning fluid” is being cited. Clarification is required.
Claim 3 is indefinite, because:
The limitation “…outgoing fluid…” in line 4 is already recited in claim 1, it is unclear how many “outgoing fluid” is being cited. Clarification is required.
The limitation “…returning fluid…” in line 7 is already recited in claim 1, it is unclear how many “returning fluid” is being cited. Clarification is required.
The limitation “…ingoing fluid…” in line 4 is already recited in claim 1, it is unclear how many “ingoing fluid” is being cited. Clarification is required.
In claim 4, the limitation “…returning fluid…” in line 3 is already recited in previous claims, it is unclear how many “returning fluid” is being cited. Clarification is required.
Claim 5 is indefinite, because:
the limitation “…top section fluid…” in line 3 is already recited in previous claims, it is unclear how many “top section fluid” is being cited. Clarification is required.
the limitation “…midsection fluid…” in line 3 is already recited in previous claims, it is unclear how many “midsection fluid” is being cited. Clarification is required.
the limitation “…returning fluid…” in line 4 is already recited in previous claims, it is unclear how many “returning fluid” is being cited. Clarification is required.
Claim 6 is indefinite, because:
The limitation “…the temperature distribution of the stored fluid…” in line 2-3, is lack of antecedent basis in the claim.
the limitation “…midsection fluid…” in line 4 is already recited in previous claims, it is unclear how many “midsection fluid” is being cited. Clarification is required.
In claim 9, the limitation “…heated fluid…” in line 3, is lack of antecedent basis in the claim.
Claim 11 is indefinite, because:
the limitation “…the return …” in line 11 is lack of antecedent basis in the claim.
the limitation “…the return fluid …” in line 11 is lack of antecedent basis in the claim.
In claim 12, the limitation “the heating” in line 4, is lack of antecedent basis in the claim.
In claim 13, the limitation “…outgoing fluid…” in line 2 is already recited in previous claims, it is unclear how many “outgoing fluid” is being cited. Clarification is required.
Claim 15 is indefinite, because:
the limitation “…top section fluid…” in line 3 is already recited in previous claims, it is unclear how many “midsection fluid” is being cited. Clarification is required.
the limitation “…midsection fluid…” in line 3 is already recited in previous claims, it is unclear how many “midsection fluid” is being cited. Clarification is required.
In claim 16, the limitation “…the fluid flow…” is lack of antecedent basis in the claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 20 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 20 does not further limit the subject matter of claim 11, since claim 11 already recited “a control device for controlling a heating system configured to be connected to a heating distribution system of a building, wherein the control device is configured to perform the method of claim 11”.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 11-13, 16 and 20 are rejected under 35 U.S.C. 102(a) as being anticipated by Grace (WO2014/072512A2) herein set forth as Grace.
Regarding claim 11, Grace discloses a computer-implemented method, performed by a control device (refer to “controller” in the citation, Refer to page 23 lines 1-6 cited: “…The controller controls the operation of the first heat pump circuit valve 207 and the second heat pump circuit valve 209 in response to input signals from the first temperature sensor 221 , the second temperature sensor 223, the heat pump water temperature sensor 21 1 that measures the temperature of the water leaving the heat pump, and a thermometer (not shown) that is arranged to measure an external air temperature…” and page 24 lines 20-24 cited: “…If the temperature of the water is lower than the desired temperature, a controller (not shown) controls the central heating circuit mixing valve 243 so that water may be drawn from the top section 219 of the store and mixed with water from the first section at appropriate flow rates to achieve the desired temperature….”), for controlling a heating system (water heating system #201, fig.4) configured to be connected to a heating distribution system (central heating appliance #242, fig.4) of a building, the heating system (water heating system #201, fig.4) comprising a heating arrangement (heat pump #203 and boiler #231, fig. 4), a stratified heat storage device (water storage tank #205, fig.4) arranged in fluid connection with a mixing arrangement (mixing valve #243, fig.4) and the heating distribution system (central heating appliance #242, fig.4), the method comprises the steps of:
heating of a fluid (refer to “fluid” in the title) by a heating arrangement (heat pump #203 and boiler #231, fig. 4) and storing of the fluid (refer to “fluid” in the title) at differentiated temperatures in the stratified heat storage device (water storage tank #205, fig.4);
regulating (refer to Page 24 lines 20-24 cited: “…If the temperature of the water is lower than the desired temperature, a controller (not shown) controls the central heating circuit mixing valve 243 so that water may be drawn from the top section 219 of the store and mixed with water from the first section at appropriate flow rates to achieve the desired temperature. The central heating circuit delivers water back to the bottom section 213 of the store…”), in the mixing arrangement (mixing valve #243, fig.4), the temperature of the fluid (refer to “fluid” in the title) entering the heating distribution system (central heating appliance #242, fig.4);
controlling (refer to control of entering fluid to #235 in fig. 4, since #235 only have 1 return therefore, controlling the entering fluid to #235 would be controlling the return at the same time, refer to Page 27 line 1-3 cited: “…The heat exchanger circuit 233 circulates water from the top section 219 of the store 205 and water from the second section 217 of the store, through the heat exchanger 235, to the bottom section 213 of the store …”) the return of the returning fluid from the heating distribution system (central heating appliance #242, fig.4) to the heat storage device (water storage tank #205, fig.4) to ensure that the temperature difference within the heat storage device (water storage tank #205, fig.4) is at least 10°C (Refer to Page 23 line 24-25 cited: “…If the first temperature sensor 221 at the first section 215 of the store 205 measures the water temperature as greater than or equal to 30°C…” and Page 24 line 30-31 cited: “…The third temperature sensor 22 measures the temperature of the water at the top section of the store. A signal from the third temperature sensor is used to control the boiler in order to maintain the temperature at 85 °C…”) .
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Regarding claim 12, Grace discloses substantially all features set forth in claim 11, Grace further discloses wherein the heating arrangement (heat pump #203 and boiler #231, fig. 4) comprises a heat pump arrangement (heat pump #203, fig. 4), wherein the heat pump arrangement (heat pump #203, fig. 4) is arranged in fluid connection with the heat storage device (water storage tank #205, fig.4), and wherein the heating comprises: controlling (Refer to Page 23 line 24-25 cited: “…If the first temperature sensor 221 at the first section 215 of the store 205 measures the water temperature as greater than or equal to 30°C…” and Page 24 line 30-31 cited: “…The third temperature sensor 22 measures the temperature of the water at the top section of the store. A signal from the third temperature sensor is used to control the boiler in order to maintain the temperature at 85 °C…”) the controlling disclosed the heat pump arrangement (heat pump #203, fig. 4) for heating of the fluid (refer to “fluid” in the title).
Regarding claim 13, Grace discloses substantially all features set forth in claim 12, Grace further discloses wherein the controlling (Refer to Page 23 line 24-25 cited: “…If the first temperature sensor 221 at the first section 215 of the store 205 measures the water temperature as greater than or equal to 30°C…” and Page 24 line 30-31 cited: “…The third temperature sensor 22 measures the temperature of the water at the top section of the store. A signal from the third temperature sensor is used to control the boiler in order to maintain the temperature at 85 °C…”) of the heat pump arrangement (heat pump #203, fig. 4) comprises heating of the fluid (refer to “fluid” in the title) so that outgoing fluid from the heat pump arrangement (heat pump #203, fig. 4) has an outgoing temperature of at least 55oC (refer to Page 23 citation above “…third temperature sensor is used to control the boiler in order to maintain the temperature at 85 °C …”, Examiner note: to maintain 85oC, the temperature from the heat pump must at least 85oC. ).
Regarding claim 16, Grace discloses substantially all features set forth in claim 11, Grace further discloses wherein the controlling (Refer to page 24 lines 20-24 cited: “…If the temperature of the water is lower than the desired temperature, a controller (not shown) controls the central heating circuit mixing valve 243 so that water may be drawn from the top section 219 of the store and mixed with water from the first section at appropriate flow rates to achieve the desired temperature….”) of the return of the returning fluid from the heating distribution system (central heating appliance #242, fig.4) to the heat storage device (water storage tank #205, fig.4) comprises controlling the fluid flow through the heating distribution system (central heating appliance #242, fig.4) and/or withdrawing at least a part (refer as 100% withdrawing from the mixing valve #243) of the returning fluid back to the mixing arrangement (mixing valve #243, fig.4).
Regarding claim 20, Grace discloses substantially all features set forth in claim 11, Grace further discloses A control device (refer to “controller” in the citation, Refer to page 23 lines 1-6 cited: “…The controller controls the operation of the first heat pump circuit valve 207 and the second heat pump circuit valve 209 in response to input signals from the first temperature sensor 221 , the second temperature sensor 223, the heat pump water temperature sensor 21 1 that measures the temperature of the water leaving the heat pump, and a thermometer (not shown) that is arranged to measure an external air temperature…” and page 24 lines 20-24 cited: “…If the temperature of the water is lower than the desired temperature, a controller (not shown) controls the central heating circuit mixing valve 243 so that water may be drawn from the top section 219 of the store and mixed with water from the first section at appropriate flow rates to achieve the desired temperature….”) for controlling a heating system (water heating system #201, fig.4) configured to be connected to a heating distribution system (central heating appliance #242, fig.4) of a building, wherein the control device (refer to “controller” in the citation, Refer to page 23 lines 1-6 cited: “…The controller controls the operation of the first heat pump circuit valve 207 and the second heat pump circuit valve 209 in response to input signals from the first temperature sensor 221 , the second temperature sensor 223, the heat pump water temperature sensor 21 1 that measures the temperature of the water leaving the heat pump, and a thermometer (not shown) that is arranged to measure an external air temperature…” and page 24 lines 20-24 cited: “…If the temperature of the water is lower than the desired temperature, a controller (not shown) controls the central heating circuit mixing valve 243 so that water may be drawn from the top section 219 of the store and mixed with water from the first section at appropriate flow rates to achieve the desired temperature….”) is configured to perform the method according to claim11 (refer to claim 11 rejection above).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 and 3-7 are rejected under 35 U.S.C. 103 as being unpatentable over Grace (WO2014/072512A2) herein set forth as Grace, in view of DE202010013659U1 herein set forth as DE13659U1.
Regarding claim 1, Grace discloses a heating system (water heating system #201, fig.4) configured to be connected to a heating distribution system (central heating appliance #242, fig.4) of a building, the heating system (water heating system #201, fig.4) comprising:
a heat pump arrangement (heat pump #203, fig. 4) configured to heat a fluid (refer to “fluid” in the title);
a stratified heat storage device (water storage tank #205, fig.4) configured to store the fluid (refer to “fluid” in the title) at differentiated temperatures, wherein the heat storage device (water storage tank #205, fig.4) is arranged in fluid connection with the heat pump arrangement (heat pump #203, fig. 4);
a mixing arrangement (mixing valve #243, fig.4) arranged in fluid connection with the heat storage device (water storage tank #205, fig.4) and the heating distribution system (central heating appliance #242, fig.4); and
a control device (refer to “controller” cited in page 23 lines 1-6) for controlling the heating system (water heating system #201, fig.4);
wherein the heat pump arrangement (heat pump #203, fig. 4) is configured to supply outgoing fluid to the heat storage device (water storage tank #205, fig.4) and to subtract ingoing fluid from the heat storage device (water storage tank #205, fig.4), and the heat storage device (water storage tank #205, fig.4) is configured to supply fluid via the mixing arrangement (#243) to the heating distribution system (central heating appliance #242, fig.4) and to receive returning fluid from the heating distribution system (central heating appliance #242, fig.4),
wherein the mixing arrangement (mixing valve #243, fig.4) is configured to subtract fluid from the heat storage device (water storage tank #205, fig.4) and to regulate (refer to page 24 lines 20-24) the temperature of the fluid entering the heat distribution system (central heating appliance #242, fig.4) and control the temperature of the returning fluid from the heating distribution system (central heating appliance #242, fig.4) to the heat storage device (water storage tank #205, fig.4),
wherein the heat pump arrangement (heat pump #203, fig. 4) is configured to supply the outgoing fluid to the heat storage device (water storage tank #205, fig.4) at an outgoing temperature of at least 55°C (refer to page 23 line 32 - page 24 line 2),
wherein an ingoing temperature of the ingoing fluid subtracted from the heat storage device (water storage tank #205, fig.4) by the heat pump arrangement (heat pump #203, fig. 4) is at least 20°C lower (Refer to Page 24 lines 11-13: the controller creates a temperature differential between the ingoing fluid and the outgoing fluid; in use, this temperature differential can be equal to at least 20 CC, especially when for instance the temperature sensor 221 measures just above 30oC and the temperature sensor 223 measures below 55oC) than the outgoing temperature of the outgoing fluid from the heat pump arrangement (heat pump #203, fig. 4),
the heating system (water heating system #201, fig.4) further comprises a bypass arrangement (the first and second heat pump circuit control valves #207 and #209, fig.4) for bypassing the heat storage device (water storage tank #205, fig.4) during start up of the heat pump arrangement (heat pump #203, fig. 4).
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Grace does not explicitly discloses the heat storage device comprises at least one stratifier inlet device for distribution of returning fluid from the heating distribution system within the heat storage device.
In the similar field of water heating system, DE13659U1 discloses a heating system, with in particular a heat storage device (storage vessel #26, fig.1) heated by a heat pump arrangement (evaporator #12, a compressor following the flow in the flow direction of the fluid #14 Capacitor #18 and expansion valve #24, fig.1), to use a stratifier inlet device ("Schichtrohr 38" a layer tube #38, fig.1) for distribution of returning fluid from the heating distribution system within the heat storage device (storage vessel #26, fig.1) (Refer to Paragraphs 31 and Paragraph 40 in the translated document, fig. 1)
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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 Grace’s heating system with the heat storage device comprises at least one stratifier inlet device for distribution of returning fluid from the heating distribution system within the heat storage device, as taught by DE13659U1, in order to maintain the temperature distribution in the heat storage device by avoid mixing of cold returning water with the overall heated water in the heat storage device.
Regarding claim 3, the modification of Grace and DE13659U1 discloses substantially all features set forth in claim 1, Grace further discloses wherein the heat storage device (water storage tank #205, fig.4) comprises at least one storage container (water storage tank #205, fig.4), the storage container (water storage tank #205, fig.4) extending longitudinally between a top end (top #2179 fig.4) and a bottom end (bottom #213, fig.4), wherein the top end (top #219, fig.4) comprises at least one top inlet opening (refer to the opening connection from #207 to #205 in fig.1) for outgoing fluid from the heat pump arrangement (heat pump #203, fig. 4) and at least one top outlet opening (refer to “top opening” annotated in fig.4) for top section (top #2179 fig.4) fluid supplied to the mixing arrangement (mixing valve #243, fig.4), wherein the bottom end (bottom #213, fig.4) comprises at least one bottom inlet opening (refer to “bottom opening” annotated in fig. 4) for returning fluid from the heating distribution system (central heating appliance #242, fig.4) and at least one bottom outlet opening (refer to “bottom opening” annotated infig.4) for ingoing fluid subtracted by the heat pump arrangement (heat pump #203, fig. 4), wherein an intermediate portion (first section #215, fig.1) of the storage container (water storage tank #205, fig.4) arranged between the top end (top #219, fig.4) and the bottom end (bottom #213, fig.4) comprises at least one middle outlet opening (#241 connection, fig.4) for midsection (refer to the section of first section #215 in fig.4) fluid subtracted by the mixing arrangement (mixing valve #243, fig.4).
Regarding claim 4, the modification of Grace and DE13659U1 discloses substantially all features set forth in claim 3, Grace does not disclose the stratifier inlet device [[(22)]] is connected to the at least one bottom inlet opening [[(28)]] for returning fluid from the heating distribution system.
DE13659U1 already discloses the use of stratifier inlet device in the claim 1 rejection above.
DE13659U1 does not explicitly disclose the stratifier inlet device [[(22)]] is connected to the at least one bottom inlet opening [[(28)]] for returning fluid from the heating distribution system.
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 DE13659U1’s stratifier inlet device to be installed to all inlet, which include to the at least one bottom inlet opening for return fluid from the heating distribution system, in order to take advantage of utilizing the advantages of avoid mixing of cold returning water in the heat storage device fully on every inlet, such that better maintain the temperature distribution in the heat storage device.
Regarding claim 5, the modification of Grace and DE13659U1 discloses substantially all features set forth in claim 1, Grace further discloses wherein the mixing arrangement (mixing valve #15, fig.1) is configured to mix top section (refer to #5a section in fig.1) fluid received from the heat storage device (thermal storage #5 and #7 in fig.1) and midsection fluid (refer as section of #5b and #7a in fig.1) received from the heat storage device (thermal storage #5 and #7 in fig.1) and returning fluid received from the heating distribution system (heat exchanger #3, fig.1) in order to regulate (refer to controller #11 in fig.1) the temperature of the fluid entering the heating distribution system (heat exchanger #3, fig.1).
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Regarding claim 6, the modification of Grace and DE13659U1 discloses substantially all features set forth in claim 1, Grace further discloses wherein the mixing arrangement (mixing valve #243, fig.4) is configured to regulate the temperature distribution of the stored fluid within the heat storage device (water storage tank #205, fig.4) by withdrawing midsection (refer to the section of first section #215 in fig.4) fluid from the heat storage device (water storage tank #205, fig.4).
Regarding claim 7, the modification of Grace and DE13659U1 discloses substantially all features set forth in claim 1, Grace further discloses wherein the bypass arrangement (refer to the connection between valve #209 and #207 and the valves of #207 and #209 in fig.4) comprises a bypass valve [[(11)]] and a bypass line (refer to the connection between valve #209 and #207 in fig.4), wherein the bypass line (refer to the connection between valve #209 and #207 in fig.4) is arranged to connect the outgoing fluid line (refer to the connection at #207 in fig.4) from the heat pump arrangement (heat pump #203, fig. 4) and the ingoing fluid line (refer to the connection at #209 in fig.4) to the heat pump arrangement (heat pump #203, fig. 4).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Grace (WO2014/072512A2) herein set forth as Grace, in view of DE202010013659U1 herein set forth as DE13659U1, and further in view of Sakamoto et al (US2015/0059383A1) herein set forth as Sakamoto.
Regarding claim 2, the modification of Grace and DE13659U1 discloses substantially all features set forth in claim 1, the modification of Grace and DE13659U1 does not explicitly disclose wherein the heat pump arrangement [[(10)]] comprises a natural refrigerant.
In the similar field of heat pump application, Sakamoto discloses wherein the heat pump arrangement comprises a natural refrigerant (refer to Paragraph 0033 cited: “…wherein the refrigerant includes at least one natural refrigerant selected from the group consisting of water, alcohol, and ammonia…”).
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 Grace’s heat pump arrangement with wherein the heat pump arrangement comprises a natural refrigerant, as taught by Sakamoto, in order to provide a natural refrigerant that is desirable for environmental aware customers and protect the environment (refer to Paragraph 0033 cited: “…The use of such a natural refrigerant is desirable from the environmental perspectives such as protection of the ozone layer and prevention of global warming …”).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Grace (WO2014/072512A2) herein set forth as Grace, in view of DE202010013659U1 herein set forth as DE13659U1, and further in view of OR et al (US2021/0231348A1) herein set forth as OR.
Regarding claim 8, the modification of Grace and DE13659U1 discloses substantially all features set forth in claim 1, the modification of Grace and DE13659U1 does not explicitly disclose wherein the heat storage device [[(20)]] further comprises an electrical heater arrangement.
In the similar field of the water heater, OR discloses wherein the heat storage device (refer to “storage tank” annotated in fig.1b) further comprises an electrical heater arrangement (AC heating unit #740, fig.1b).
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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 Grace’s water storage device with wherein the heat storage device further comprises an electrical heater arrangement, as taught by OR, in order to provide a secondary heating for backup or extra heating needed if the heat pump is not putting out enough heat or have other unforeseen issue.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Grace (WO2014/072512A2) herein set forth as Grace, in view of DE202010013659U1 herein set forth as DE13659U1, and further in view of JP2019184116A herein set forth as JP84116A.
Regarding claim 9, the modification of Grace and DE13659U1 discloses substantially all features set forth in claim 1, the modification of Grace and DE13659U1 does not explicitly disclose wherein the heat storage device is configured to supply heated fluid to a water heater arrangement for heating of domestic water and to receive fluid returning from the water heater arrangement.
In the similar field of water heater, JP84116A discloses wherein the heat storage device (refer to “heat storage” annotated in fig.1) is configured to supply heated fluid to a water heater arrangement (heat exchanger #37, fig.1) for heating of domestic water (bathtub #1, fig.1) and to receive fluid returning (refer to pipeline 35c, in fig.1) from the water heater arrangement (heat exchanger #37, fig.1).
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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 Grace’s water heating system with wherein the heat storage device is configured to supply heated fluid to a water heater arrangement for heating of domestic water and to receive fluid returning from the water heater arrangement, as taught by JP84116A, in order to provide a water heater that capable to preventing wrong determination as to the presence or absence of hot water (refer to the abstract cited: “…To provide a water heater capable of preventing wrong determination as to the presence/absence of hot water …”), and also increase the utilization of the system, such that would increase the marketability of the system.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Grace (WO2014/072512A2) herein set forth as Grace, in view of DE202010013659U1 herein set forth as DE13659U1, and further in view of Richard (GB2493222A) herein set forth as Richard.
Regarding claim 10, the modification of Grace and DE13659U1 discloses substantially all features set forth in claim 1, the modification of Grace and DE13659U1 does not explicitly disclose wherein the heat storage device [[(20)]] comprises a water heater arrangement [[(70)]] for heating of domestic water.
In the similar field of water heating system, Richard discloses wherein the heat storage device (thermal storage #3, fig.5) comprises a water heater arrangement (heat exchanger #7, fig.5) for heating of domestic water (refer to water inlet and out let of #29 and #31 fig.5).
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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 Grace’s heat storage device with wherein the heat storage device comprises a water heater arrangement for heating of domestic water, as taught by Richard, in order to provide overheating protection, a better and more controlled water temperature for the mains water, and reducing the possibility of accidental burn from overheated main water (refer to abstract).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Grace (WO2014/072512A2) herein set forth as Grace, in view of OR et al (US2021/0231348A1) herein set forth as OR.
Regarding claim 14, Grace discloses substantially all features set forth in claim 11, Grace does not explicitly disclose wherein the heat storage device [[(20)]] further comprises an electrical heater arrangement.
In the similar field of the water heater, OR discloses wherein the heat storage device (refer to “storage tank” annotated in fig.1b) further comprises an electrical heater arrangement (AC heating unit #740, fig.1b).
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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 Grace’s method water storage device with wherein the heat storage device further comprises an electrical heater arrangement, as taught by OR, in order to provide a secondary heating for backup or extra heating needed if the heat pump is not putting out enough heat or have other unforeseen issue.
Claims 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Grace (WO2014/072512A2) herein set forth as Grace.
Regarding claim 15, Grace discloses substantially all features set forth in claim 11,
Another embodiment of fig.1, Grace further discloses wherein the mixing arrangement (mixing valve #15, fig.1) is configured to mix top section (refer to #5a section in fig.1) fluid received from the heat storage device (thermal storage #5 and #7 in fig.1) and midsection fluid (refer as section of #5b and #7a in fig.1) received from the heat storage device (thermal storage #5 and #7 in fig.1) and returning fluid received from the heating distribution system (heat exchanger #3, fig.1) in order to regulate (refer to controller #11 in fig.1) the temperature of the fluid entering the heating distribution system (heat exchanger #3, fig.1).
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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 Grace’s method fig.4 with fig.1, in order to provide the inlet temperature control to the exchanger by mixing lower temperature water from return or midsection, such that would save on energy and provide better operational cost of the system.
Regarding claim 17, Grace discloses all substantially all features set forth in claim 16,
Another embodiment of fig.3, Grace further discloses wherein the controlling (refer to fig.3 below) comprises: increasing the fluid flow through the heat distribution system when the returning fluid has a temperature value less or equal to a first threshold value; and/or decreasing the fluid flow through the heat distribution system when the returning fluid has a temperature value above the first threshold value; and/or withdrawing at least a part of the returning fluid back to the mixing arrangement when the returning fluid has a temperature value above a second threshold value, and/or full recirculation of the returning fluid back to the mixing arrangement when the returning fluid has a temperature value above a third threshold value (refer to page 19 line 32 -Page 20 line 18 cited: “…The controller 1 1 controls circulation of water through the primary circuit 23. The temperature sensor 13 in the secondary circuit senses the temperature of the water leaving the heat exchanger 3 and sends an input signal to the controller. The controller is programmed to ensure that the temperature of the water in the secondary circuit is heated to a pre-determined temperature (typically 60°C). The controller achieves this by affecting the operation of the mixing valve 15. The valve is arranged such that it can vary the relative flow rates of the water from the high-grade store 5, the low grade store 7 and the bypass 17 in response to a varying output in the secondary circuit 25.
At peak output, the valve will draw water substantially only from the high-grade store 5. If output requirement drops, the valve is controlled to alter its configuration (by changing its opening angle) to draw less water from the high-grade store, and more water from the low grade store 7. As output requirement drops further, the valve will be controlled to alter its configuration to stop drawing water from the high-grade store, drawing its water entirely from the low grade store. Further decreases in output requirement will result in the valve altering its configuration to draw more water from the bypass 17, and less from the low-grade store. Figure 3 illustrates the varying configurations of the mixing valve and demonstrates how an increase in the flow rate of water from, for example, the high grade store, results in a decrease in the flow rate of water from the low grade store. The bypass valve 19 in the bypass 17 limits the flow rate of water through the bypass to a minimum, that is enough to permit reaction of the system's sensors to further changes in secondary circuit output and to enable the pump 9 to operate continuously, if desired. An alternative water heating system 1 is shown in Figure 2. Similar features have been assigned like reference numerals. The system is substantially the same as the system shown in figure 1 and described above, except that the primary circuit 23 is split into two branches, a first branch 129 and a second branch 131 . Both branches operate in parallel…”) .
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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 Grace’s method fig.4 with fig.1, in order to provide the inlet temperature control to the exchanger by mixing lower temperature water from return or midsection, such that would save on energy and provide better operational cost of the system.
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Grace (WO2014/072512A2) herein set forth as Grace, in view of Boros (US2019/0041095A1) herein set forth as Boros.
Regarding claim 18, Grace discloses all substantially all features set forth in claim 11, Grace does not explicitly disclose A computer program comprising instructions which, when the computer program is executed by a computer, cause the computer to carry out the method according to claim 11.
In the similar field of running method for water heater, Boros discloses a computer program comprising instructions which, when the computer program [[(P)]] is executed by a computer, cause the computer to carry out the method (refer to Paragraph 0045 cited: “…a system, method, and computer program product according to an example embodiment. It will be understood that each block of the flowcharts, and combinations of blocks in the flowcharts, may be implemented by various means, such as hardware and/or a computer program product comprising one or more computer- readable media having computer readable program instructions stored thereon. For example, one or more of the procedures described herein may be embodied by computer program instructions of a computer program product. In this regard, the computer program product(s) that embody the procedures described herein may be stored by, for example, memory 24 and executed by, for example, processor 22. As will be appreciated, any such computer program product may be loaded onto a computer or other programmable apparatus to produce a machine, such that the computer program product including the instructions which execute on the computer or other programmable apparatus creates means for implementing the functions specified in the flowchart block(s). Further, the computer program product may comprise one or more non-transitory computer-readable mediums on which the computer program instructions may be stored such that the one or more computer-readable memories can direct a computer or other programmable device to cause a series of operations to be performed on the computer or other programmable apparatus to produce a computer-implemented process such that the instructions which execute on the computer or other programmable apparatus implement the functions specified in the flowchart block(s). …”).
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 Grace’s method with a computer program comprising instructions which, when the computer program is executed by a computer, cause the computer to carry out the method, as taught by Boros, in order to provide the computing capability, automation that is programable and upgradable, further improving the operational modifiability.
Regarding claim 19, Grace discloses all substantially all features set forth in claim 11, Grace does not explicitly disclose A computer-readable medium comprising instructions, which when executed by a computer, cause the computer to carry out the method according to claim11.
In the similar field of running method for water heater, Boros discloses A computer-readable medium comprising instructions, which when executed by a computer, cause the computer to carry out the method (refer to Paragraph 0045 cited: “…a system, method, and computer program product according to an example embodiment. It will be understood that each block of the flowcharts, and combinations of blocks in the flowcharts, may be implemented by various means, such as hardware and/or a computer program product comprising one or more computer- readable media having computer readable program instructions stored thereon. For example, one or more of the procedures described herein may be embodied by computer program instructions of a computer program product. In this regard, the computer program product(s) that embody the procedures described herein may be stored by, for example, memory 24 and executed by, for example, processor 22. As will be appreciated, any such computer program product may be loaded onto a computer or other programmable apparatus to produce a machine, such that the computer program product including the instructions which execute on the computer or other programmable apparatus creates means for implementing the functions specified in the flowchart block(s). Further, the computer program product may comprise one or more non-transitory computer-readable mediums on which the computer program instructions may be stored such that the one or more computer-readable memories can direct a computer or other programmable device to cause a series of operations to be performed on the computer or other programmable apparatus to produce a computer-implemented process such that the instructions which execute on the computer or other programmable apparatus implement the functions specified in the flowchart block(s). …”).
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 Grace’s method with A computer-readable medium comprising instructions, which when executed by a computer, cause the computer to carry out the method, as taught by Boros, in order to provide the computing capability, automation that is programable and upgradable, further improving the operational modifiability.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Grace (WO2014/072512A2) herein set forth as Grace, in view of DE202010013659U1 herein set forth as DE13659U1, Nolte et al (US2020/0025417A1) herein set forth as Nolte.
Regarding claim 21, the modification of Grace and DE13659U1 discloses substantially all features set forth in claim 1, the modification of Grace and DE13659U1 does not explicitly disclose a method of retrofitting an existing heating system in a building using the heating system according to claim 1.
In the field of water heater, Nolte discloses a method of retrofitting an existing heating system in a building using the heating system (refer to Paragraph 0107 cited: “…It is possible to retrofit existing water heating systems with this method.…”).
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 Grace’s system with a method of retrofitting an existing heating system in a building using the heating system, as taught by Nolte, in order to increase the utility of the system and increase the marketability too at the same time.
Conclusion
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/YEONG JUEN THONG/Examiner, Art Unit 3761 January 19th 2026
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761