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 .
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 12-16 and 18-21 s/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Carrasco et al (US 2023/0127276).
With respect to claim 12, Carrasco discloses the heater claimed including an enclosure (102), an electric heat pump (122; para 0014 and 0047) with the enclosure, and an electric resistance heater (130; para 0055) within the enclosure wherein the electric heat pump and the electric resistance heater are each configured to heat water from a swimming pool (101).
With respect to claim 13, Carrasco discloses at least a sensor (108, 110 or 129) associated with the heater.
With respect to claims 14 and 21, Carrasco discloses the controller that receive information about a desired temperature (via a temperature sensor 108) to determine an operating mode based on the received temperature to control the electric resistance heater and the electric heat pump wherein at least one of electric resistance, the electric heat pump, a heat duration, or a heating output is optimized or controlled for energy efficiency such as for cost of operating the water heating system using or activating the heat pump heater (also, see para 0002 and 0072-0073).
With respect to claim 15, Carrasco discloses for the controller that is configured to control operation only the electric resistance heater or the electric heat pump (para 0027 and 0051), or both the electric resistance heater and the electric heat pump (as different or overlapping operation times/durations can be assigned to each available heating source; para 075-0076).
With respect to claim 16, Carrasco discloses the method claimed including using a heater that receives information about a desired temperature of the pool (via a temperature sensor 101), and determining and controlling an operating mode of the heater based on the received information (para 0006-0009) wherein the heater includes an enclosure (102), a first heating source (130) within the enclosure, and a second heating source (120/122) within the enclosure wherein the first heat source comprises an electric resistance heater (para 0038 and 0055) and the second source comprises an electric heat pump (para 0014-0017).
With respect to claim 18, Carrasco discloses receiving the information via a wireless transmission by a controller of the heater (para 0058).
With respect to claim 19, Carrasco discloses the method including at least one of an activation or deactivation of the first heat source or the second heat source (para 0027 and 0051), a heating duration (expected heating time), a heating output of the second heat source (a heat output of the heat pump; para 0010), and/or a heating pattern for optimized energy efficiency (i.e., determining a cost of operating the heating system including current price data; para 0062 and 0065).
With respect to claim 20, Carrasco discloses the method including the controller that control activation only the first heat source, activating only the second heat source (para 0051), or both the first heat source and the second heat source (as different or overlapping operation times/durations can be assigned to each available heating source; para 075-0076).
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.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carrasco et al (US 2023/0127276).
Carrasco disclose the structure and method claimed for a heater that operates only the second heat source (heat pump; para 0075) as a normal mode, or operating both the first heat source and the second heat source as a fast heat mode (para 0072 and 0075 when multiple heat sources are operated), and Carrasco also allows for operating only the first heat source (para 0027 and 0051) but does not explicitly disclose for operating the first heat source or both the first heat source and the second heat source to minimize or prevent ice.
However, Carrasco discloses for generating a heating schedule (para 0070) for setting a threshold water temperature at a various time of use, and it would have been obvious to one of ordinary skill in the art to adapt Carrasco for setting such threshold water temperature to maintain a desired water temperature, i.e., including the temperature minimizing or preventing ice so that the pool water can be adequately heated by the time pool is ready for use by operating the first heat source via the controller (para 0051) or by operating both the first heat source and the second heat source if the second heat source alone is unable to sufficiently heat the water as a matter of routine operations and experimentations.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carrasco et al (US 2023/0127276) in view or Dzindo (US 2022/002666).
Carrasco discloses the structure claimed including a user interface (168) but does not explicitly show the interface on the enclosure as claimed.
Dzindo shows it is known to provide an enclosure (210) where water is pumped into the enclosure for heating wherein the enclosure is provided with a user interface/controller (236) thereon as illustrated in Figure 2.
In view of Dzindo, it would have been obvious to one of ordinary skill in the art to adapt Carrasco with the user interface that is provided on the enclosure or any suitable location, lacking criticality, to predictably allow a user to conveniently locate and access the user interface for controlling of the heater as known in the art.
Response to Arguments
Applicant's arguments filed 4/28/2026 have been fully considered but they are not persuasive.
Applicant argues Carrasco lacks any teaching of an “enclosure” or that the heating water systems are within a common enclosure.
This argument is not deemed persuasive since Carrasco clearly discloses an enclosure (102) within which the heater water systems including the heat pump (having a heat condenser 122) and the electric heater (130) are disposed therein for heating water that is pumped in from a pool (101).
Thus, the Applicant’s arguments are not deemed persuasive.
Conclusion
Applicant's amendment also necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG Y PAIK whose telephone number is (571)272-4783. The examiner can normally be reached 9:00-5:30; M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven W. Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANG Y PAIK/Primary Examiner, Art Unit 3761
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