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 06/08/2026 have been fully considered.
Applicant’s argument regarding the particularly claimed boiler specifications is persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Milder et al. US20110172830A1.
Regarding the term “changeable hierarchy”, in claim 5, Paine expressly teaches a scenario where one of the boilers is removed from the hierarchy so that the removed boiler may service an alternative demand and when the demand subsides, the removed boiler is returned to the hierarchy (Col. 12 Ln. 4-24). During routine operation of the device, a boiler is removed from the cascade or hierarchy and later returned to the hierarchy.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 5, and 9-11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 5 recites “according to a changeable hierarchy…” [emphasis added]. Instant specification is silent to this particular language. Applicant’s remarks filed 06/08/2026 do not identify support for this limitation in the specification. Applicant’s remarks filed 06/08/2026 establish that the amendment is expressly an attempt to overcome the reference of Paine. While there is no requirement for the exact claim language, instant specification fails to disclose changing the hierarchy.
Claims 9-11 contain new matter by dependency.
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.
Claim(s) 1, 5, 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paine US8651064 in view of Milder et al. US20110172830A1.
Regarding claim 1, Paine US8651064 discloses a networked boiler system comprising:
a first boiler (10);
at least one secondary boiler (15) in operative connection with said first boiler and (via unnumbered data line at the bottom of Fig. 3, see annotated Figs.1 and 3 below, the capitalized annotations denoting claim limitations) having a plurality of internal sub boilers (46 and 52 in Fig. 1);
an external boiler control connected to said first boiler (building automation system 200 or computer 204, Fig. 3); and
wherein said external boiler control enables said first boiler to control a boiler parameter of said first boiler (col. 7 lines 49 – 60), said at least one secondary boiler (15), and said plurality of internal sub boilers of said at least one secondary boiler (46 and 52, Fig. 1) according to a hierarchy for controlling said first boiler, said at least one secondary boiler and said plurality of internal sub boilers of said at least one secondary boiler (cascade control of first through fourth boiler units making up the first and second boiler, Fig. 11),
wherein the hierarchy for controlling said first boiler, said at least one secondary boiler, and said plurality of internal sub boilers of said at least one secondary boiler is based on operational status and specifications associated with each of said boilers (ignition status, blower speed range, capacity, col. 10 lines 42 – 52, Col. 10 Ln. 9-27; Col. 11 Ln. 3-Col. 12 Ln. 3; Fig. 7, Col. 2 Ln. 27-35),
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Paine does not expressly disclose said specifications including one of a product name, a part number, a product line identifier, and a boiler-type identifier.
Milder et al. US20110172830A1 teaches a method and system for controlling a hydronic heating apparatus (abstract) utilizing a plurality of boilers (¶5) wherein a controller specification data is utilized to determine rules for controlling and operating the system (Abstract, ¶9, ¶33) wherein the specification include a part number (¶45). Milder further teaches including energy efficiency of sources, in this case boilers, in the data (¶35). Milder teaches that providing hydronic systems with multiple different sources is desirable and that providing this additional data in determining control and operational rules simplifies the design and allows for optimization of the heat sources. (¶4- ¶6)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art system to include specification data such as part number and energy efficiency, as taught by Milder, since doing amounts to a known technique for configuring and controlling hydronic systems with the known predictable result of simplifying design and control of said systems and optimizing a hydronic system with multiple heat sources (¶4-¶6)
Regarding claim 5, Paine US8651064 discloses a networked boiler system, comprising:
a first boiler (Fig. 1, 10);
at least one secondary boiler in operative connection with said first boiler and having a plurality of internal sub boilers (Fig. 1, 15);
an external boiler control connected to said first boiler (Fig. 5, 30); and
wherein said external boiler control enables said first boiler to control an operational state of said first boiler, said secondary boiler, and said plurality of internal sub boilers according to a changeable hierarchy, wherein said changeable hierarchy for controlling said first boiler, said at least one secondary boiler, and said plurality of internal sub boilers is determined in association with operational status and specifications associated with each of said boilers (ignition status, blower speed range, capacity, col. 10 lines 42 – 52, Col. 10 Ln. 9-27; Col. 11 Ln. 3-Col. 12 Ln. 3; Fig. 7, Col. 2 Ln. 27-35). Regarding the term “changeable hierarchy”, Paine expressly teaches a scenario where one of the boilers is removed from the hierarchy so that the removed boiler may service an alternative demand and when the demand subsides, the removed boiler is returned to the hierarchy (Col. 12 Ln. 4-24).
Regarding claim 7, Paine does not expressly disclose wherein: said specifications including one of a blower type, a fuel type, a minimum firing rate, a maximum firing rate, a minimum water flow, a maximum water flow, and a turndown ratio.
Milder et al. US20110172830A1 teaches a method and system for controlling a hydronic heating apparatus (abstract) utilizing a plurality of boilers (¶5) wherein a controller specification data is utilized to determine rules for controlling and operating the system (Abstract, ¶9, ¶33) wherein the specification include a part number (¶45). Milder further teaches including fuel type, in the data (¶40). Milder teaches that providing hydronic systems with multiple different sources is desirable and that providing this additional data in determining control and operational rules simplifies the design and allows for optimization of the heat sources. (¶4- ¶6)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art system to include specification data such as part number and energy efficiency, as taught by Milder, since doing amounts to a known technique for configuring and controlling hydronic systems with the known predictable result of simplifying design and control of said systems and optimizing a hydronic system with multiple heat sources (¶4-¶6)
Regarding claim 8, Paine does not expressly disclose wherein specifications including an efficiency rating.
Milder et al. US20110172830A1 teaches a method and system for controlling a hydronic heating apparatus (abstract) utilizing a plurality of boilers (¶5) wherein a controller specification data is utilized to determine rules for controlling and operating the system (Abstract, ¶9, ¶33) wherein the specification include a part number (¶45). Milder further teaches including energy efficiency of sources, in this case boilers, in the data (¶35). Milder teaches that providing hydronic systems with multiple different sources is desirable and that providing this additional data in determining control and operational rules simplifies the design and allows for optimization of the heat sources. (¶4- ¶6)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art system to include specification data such as part number and energy efficiency, as taught by Milder, since doing amounts to a known technique for configuring and controlling hydronic systems with the known predictable result of simplifying design and control of said systems and optimizing a hydronic system with multiple heat sources (¶4-¶6)
Regarding claim 9, Paine does not expressly disclose wherein said specifications including one of a product name, a part number, a product line identifier, and a boiler-type identifier.
Milder et al. US20110172830A1 teaches a method and system for controlling a hydronic heating apparatus (abstract) utilizing a plurality of boilers (¶5) wherein a controller specification data is utilized to determine rules for controlling and operating the system (Abstract, ¶9, ¶33) wherein the specification include a part number (¶45). Milder further teaches including energy efficiency of sources, in this case boilers, in the data (¶35). Milder teaches that providing hydronic systems with multiple different sources is desirable and that providing this additional data in determining control and operational rules simplifies the design and allows for optimization of the heat sources. (¶4- ¶6)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art system to include specification data such as part number and energy efficiency, as taught by Milder, since doing amounts to a known technique for configuring and controlling hydronic systems with the known predictable result of simplifying design and control of said systems and optimizing a hydronic system with multiple heat sources (¶4-¶6)
Regarding claim 10, Paine does not expressly disclose wherein said specifications including one of a blower type, a fuel type, a minimum firing rate, a maximum firing rate, a minimum water flow, a maximum water flow, and a turndown ratio.
Milder et al. US20110172830A1 teaches a method and system for controlling a hydronic heating apparatus (abstract) utilizing a plurality of boilers (¶5) wherein a controller specification data is utilized to determine rules for controlling and operating the system (Abstract, ¶9, ¶33) wherein the specification include a part number (¶45). Milder further teaches including fuel type, in the data (¶40). Milder teaches that providing hydronic systems with multiple different sources is desirable and that providing this additional data in determining control and operational rules simplifies the design and allows for optimization of the heat sources. (¶4- ¶6)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art system to include specification data such as part number and energy efficiency, as taught by Milder, since doing amounts to a known technique for configuring and controlling hydronic systems with the known predictable result of simplifying design and control of said systems and optimizing a hydronic system with multiple heat sources (¶4-¶6)
Regarding claim 11, Paine does not expressly disclose wherein said specifications including an efficiency rating.
Milder et al. US20110172830A1 teaches a method and system for controlling a hydronic heating apparatus (abstract) utilizing a plurality of boilers (¶5) wherein a controller specification data is utilized to determine rules for controlling and operating the system (Abstract, ¶9, ¶33) wherein the specification include a part number (¶45). Milder further teaches including energy efficiency of sources, in this case boilers, in the data (¶35). Milder teaches that providing hydronic systems with multiple different sources is desirable and that providing this additional data in determining control and operational rules simplifies the design and allows for optimization of the heat sources. (¶4- ¶6)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art system to include specification data such as part number and energy efficiency, as taught by Milder, since doing amounts to a known technique for configuring and controlling hydronic systems with the known predictable result of simplifying design and control of said systems and optimizing a hydronic system with multiple heat sources (¶4-¶6).
Conclusion
Applicant's amendment 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 Deepak Deean whose telephone number is (571)270-3347. The examiner can normally be reached M-Th 10-4.
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/DEEPAK A DEEAN/ Examiner, Art Unit 3762 /MICHAEL G HOANG/ Supervisory Patent Examiner, Art Unit 3762
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