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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 20 and 21 are identical and the dependent claims 22 and 23 are also identical.
Claim Rejections - 35 USC § 102
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 13-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kiarostami et al. (US 2018/0056751).
Regarding claim 13, Kiarostami (K) discloses a method of controlling a hydronic heating system comprising heating a source of coolant by a burner (102, [0033], Figure 2A) , passing coolant from a source of said coolant through a heat exchanger (153, Figure 4) under the direction of a control system (111), measuring the temperature of said coolant (via 125, [0061]) by a sensor sensing ([0061], i.e., thermistor) said coolant producing a substantially continuous and variable signal which responds to changes of temperature in said coolant, processing said continuous and variable signal in said control system and producing an output signal from said control system to said burner to commence, continue or terminate said heating of said coolant ([0051]).
Regarding claim 14, Kiarostami (K) discloses the method as in claim 13 wherein said coolant is passed from said source of coolant to said heat exchanger (153) by a coolant pump (152, Figure 4) under the control of said control system ([0040], 111) and wherein said coolant sensor is a thermistor ([0061]).
Regarding claim 15, Kiarostami (K) discloses the method as in claim 14 and further comprising passing potable water (165, Figure 4) from a source of potable water through a potable water line to said heat exchanger (153).
Regarding claim 16, Kiarostami (K) discloses the method as in claim 15 and further comprising detecting the flow of potable water in said potable water line by a flow switch (157, [0040]) which passes a signal to said control system.
Regarding claim 17, Kiarostami (K) discloses the method as in claim 16 wherein said control system controls said coolant pump (152) by signals sent from said control system to said coolant pump, said signals sent from said control system being responsive to said signal from said flow switch (157, [0055]).
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.
Claims 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kiarostami et al. (US 2018/0056751) and Huang (US 2008/0237362).
Regarding claim 18, Kiarostami (K) discloses the method as in claim 7, but not the step of further sensing the temperature of said potable water in said potable water line by a potable water sensor producing a change of resistance corresponding to the temperature of said potable water, said potable water thermistor passing a temperature dependent signal to said control system and said control system sending a touch screen signal to a touch screen where said temperature of said potable water is displayed to a. user.
However, Huang (H) discloses a hot water supply system (Abstract) that senses the temperature of said potable water in said potable water line by a potable water sensor (via 6, Figure 1) producing a change of resistance corresponding to the temperature of said potable water (This is achieved when the sensor is a thermistor disclosed by K-[0061]), said potable water thermistor passing a temperature dependent signal to said control system and said control system sending a touch screen signal to a touch screen (72, [0019,0021]) where said temperature of said potable water is displayed to a user. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to measure, control, and display the water temperature so that the user can enjoy water at his or her preferred temperature.
Regarding claim 19, Kiarostami (K), as modified, discloses the method as in claim 18 wherein said temperature dependent signal sent by said potable water thermistor sensor sends a control board signal to said control board to commence the combustion in said burner when said temperature in said potable water falls below a predetermined value ([0023]).
Regarding claim 20, Kiarostami (K) discloses the a hydronic heating system comprising a source of potable water (165, Figure 4), a coolant reservoir (164) to hold coolant, a heat exchanger (153) to exchange heat between said coolant and said potable water, a coolant sensor (125) to sense the temperature of coolant in said coolant reservoir and to send a signal corresponding to said temperature sensed to a control system (111), said coolant sensor generating a continuous signal when said hydronic heating system is under power (via a thermistor [0061]), a burner assembly (102, [0033]) controlled by said control system to apply heat to said coolant, said control system initiating or terminating combustion within said burner assembly thereby to regulate the heat applied to said coolant in said coolant reservoir ([0051]), a coolant line extending from said coolant reservoir to said heat exchanger and a coolant pump (152) in said coolant line to move said coolant through said heat exchanger responsive to a signal from said control system, a source of potable water (165, Figure 4), a potable water line (110) extending from said source of potable water to said heat exchanger, a flow switch (157) in said potable water line to detect the flow of potable water in said potable water line and to send a signal to said control system to activate said coolant pump ([0040]), a faucet (155) connected to said potable water line downstream of said heat exchanger, and a mixing valve (161) positioned between said potable water line upstream and downstream of said heat exchanger.
Kiarostami (K) does not disclose a potable water sensor in said potable water line located downstream from said heat exchanger, said potable water sensor acting to send a signal to said control system to initiate operation of said burner assembly.
However, Huang (H) discloses a hot water supply system (Abstract) with a potable water sensor (6, Figure 1) in said potable water line (2) located downstream from said heat exchanger (equivalent of 1 in Figure 1), said potable water sensor acting to send a signal to said control system to initiate operation of said burner assembly ([0023]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to measure, control, and display the water temperature so that the user can enjoy water at his or her preferred temperature.
Regarding claim 21, Kiarostami (K) discloses the a hydronic heating system comprising a source of potable water (165, Figure 4), a coolant reservoir (164) to hold coolant, a heat exchanger (153) to exchange heat between said coolant and said potable water, a coolant sensor (125) to sense the temperature of coolant in said coolant reservoir and to send a signal corresponding to said temperature sensed to a control system (111), said coolant sensor generating a continuous signal when said hydronic heating system is under power (via a thermistor [0061]), a burner assembly (102, [0033]) controlled by said control system to apply heat to said coolant, said control system initiating or terminating combustion within said burner assembly thereby to regulate the heat applied to said coolant in said coolant reservoir ([0051]), a coolant line extending from said coolant reservoir to said heat exchanger and a coolant pump (152) in said coolant line to move said coolant through said heat exchanger responsive to a signal from said control system, a source of potable water (165, Figure 4), a potable water line (110) extending from said source of potable water to said heat exchanger, a flow switch (157) in said potable water line to detect the flow of potable water in said potable water line and to send a signal to said control system to activate said coolant pump ([0040]), a faucet (155) connected to said potable water line downstream of said heat exchanger, and a mixing valve (161) positioned between said potable water line upstream and downstream of said heat exchanger.
Kiarostami (K) does not disclose a potable water sensor in said potable water line located downstream from said heat exchanger, said potable water sensor acting to send a signal to said control system to initiate operation of said burner assembly.
However, Huang (H) discloses a hot water supply system (Abstract) with a potable water sensor (6, Figure 1) in said potable water line (2) located downstream from said heat exchanger (equivalent of 1 in Figure 1), said potable water sensor acting to send a signal to said control system to initiate operation of said burner assembly ([0023]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to measure, control, and display the water temperature so that the user can enjoy water at his or her preferred temperature.
Claims 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Kiarostami et al. (US 2018/0056751), Huang (US 2008/0237362), and Hartline, Jr. (US 3,662,819).
Regarding claim 22, Kiarostami (K), as modified, discloses the hydronic heating system as in claim 20,wherein said coolant sensor is a thermistor ([0061]), but not that thermistor which produces a continuous temperature signal passed to said control system, said control system sensing the rate of change in said continuous temperature signal so as to allow calculation of the heat withdrawn from said coolant by said potable water.
However, Hartline discloses a fluid temperature controller (Abstract) wherein said coolant sensor is a thermistor (26,28) which produces a continuous temperature signal passed to said control system, said control system sensing the rate of change in said continuous temperature signal so as to allow calculation of the heat withdrawn from said coolant by said potable water (C2,L62-C3,L5). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize a known, inexpensive, and reliable technology (thermistors) to control the temperature of a fluid to a great deal of precision at a low cost.
Regarding claim 23, Kiarostami (K), as modified, discloses the hydronic heating system as in claim 20,wherein said coolant sensor is a thermistor ([0061]), but not that thermistor which produces a continuous temperature signal passed to said control system, said control system sensing the rate of change in said continuous temperature signal so as to allow calculation of the heat withdrawn from said coolant by said potable water.
However, Hartline discloses a fluid temperature controller (Abstract) wherein said coolant sensor is a thermistor (26,28) which produces a continuous temperature signal passed to said control system, said control system sensing the rate of change in said continuous temperature signal so as to allow calculation of the heat withdrawn from said coolant by said potable water (C2,L62-C3,L5). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize a known, inexpensive, and reliable technology (thermistors) to control the temperature of a fluid to a great deal of precision at a low cost.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN E BARGERO whose telephone number is (571) 270-1770. The examiner can normally be reached Monday-Friday.
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/JOHN E BARGERO/Examiner, Art Unit 3762
/STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762