Office Action Predictor
Last updated: April 15, 2026
Application No. 18/205,790

HEAT PUMP WATER HEATER

Non-Final OA §103
Filed
Jun 05, 2023
Examiner
MALLON, BRETT PETERSON
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Unknown
OA Round
1 (Non-Final)
64%
Grant Probability
Moderate
1-2
OA Rounds
2y 11m
To Grant
92%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allow Rate
78 granted / 121 resolved
-5.5% vs TC avg
Strong +28% interview lift
Without
With
+27.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
38 currently pending
Career history
159
Total Applications
across all art units

Statute-Specific Performance

§103
62.7%
+22.7% vs TC avg
§102
20.9%
-19.1% vs TC avg
§112
14.1%
-25.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 121 resolved cases

Office Action

§103
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 § 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) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomasson (US 20110259437 A1) in view of Akito (JP6575813B2), referring to the English translation dated 09/17/2025. Regarding claim 1, Thomasson teaches a water heater (domestic heating arrangement 50) to be used with a pressurized water tank (accumulator tank 52), water piping (outlet conduit 64, inlet conduit 65, outlet conduit 59, bypass circuit 54, inlet conduit 67), a heat exchanger (boiler 51), a thermostatic mixing valve (thermostatic mixing valve 53), and a circulating pump (water pump 55), the water piping is comprised of inflow piping (outlet conduit 64), outflow piping (inlet conduit 67), and circulation piping (inlet conduit 65, outlet conduit 59, bypass circuit 54), wherein the circulation piping is interposed between the inflow piping and the outflow piping (fig. 5), the inflow piping is connected to a lower portion of the water tank and configured to allow water to pass out of the water tank and into the circulation piping (“A second inlet 62 is connected to an outlet conduit 64 from the lower section of the accumulator tank 52”; arrows on fig. 5) [0039], and the outflow piping is connected to an upper portion of the water tank and configured to allow water to pass out of the circulation piping and into the water tank (“hot water will flow from the boiler 51 through the inlet conduit 67 and into to the accumulator tank 52”) [0042], a portion of the circulation piping are integrated with the heat exchanger (fig. 5) the thermostatic mixing valve is located at a junction of the inflow piping and the circulation piping (fig. 5), with the inflow piping connected to a cold water inlet of the thermostatic mixing valve (second inlet 62), one end of the circulation piping connected to a hot water inlet of the thermostatic mixing valve (first inlet 61), and another end of the circulation piping connected to a mixed water outlet of the thermostatic mixing valve (outlet 63), the circulating pump is located inline of the circulation piping between the mixed water outlet of the thermostatic mixing valve and the heat exchanger and is configured to circulate water contained within the water piping (pump 55, fig. 5), and the outflow piping is connected to the circulation piping by a T-junction located at a location between the heat exchanger and the hot water inlet of the thermostatic mixing valve (junction 66); whereby the thermostatic mixing valve is configured to allow a variable quantity of water, including no water, to flow from the water tank to the heat exchanger (fig. 1-3; no flow from second inlet 13 on fig. 1, flow from second inlet 13 on fig. 2-3), and to allow a variable quantity of water within the circulation piping to flow to the heat exchanger (fig. 1-3; no flow from first inlet 12on fig. 3, flow from first inlet 12 on fig. 1-2) Thomasson does not teach a heat pump water heater said heat pump water heater comprising a heat pump, refrigerant piping wherein the heat pump is configured to transfer heat energy to refrigerant circulated within the refrigerant piping a portion of the refrigerant piping are integrated with the heat exchanger, such that heat energy from the refrigerant contained within the refrigerant piping is transferred to water contained within the circulation piping via the heat exchanger Akito teaches a heat pump water heater (heat pump hot water supply apparatus 1) said heat pump water heater comprising a heat pump (heat pump heat source unit 3), refrigerant piping (heat pump circuit 29) wherein the heat pump is configured to transfer heat energy to refrigerant circulated within the refrigerant piping (“During the hot water storage operation, the compressor 25 and the blower fan 30 for the evaporative heat exchanger 28 are driven, respectively, and the heat of the refrigerant compressed and heated by the compressor 25 is stored in the circulation heating circuit 4 in the condensation heat exchanger 26”) [0031] a portion of the refrigerant piping are integrated with the heat exchanger (fig. 1), such that heat energy from the refrigerant contained within the refrigerant piping is transferred to water contained within the circulation piping via the heat exchanger (“Heat exchange is performed with the hot water flowing through the heat exchange passage 4b to heat the hot water”) [0031] The system of Thomasson can be modified to replace the boiler 51 with heat pump heat source unit 3 of Akito to heat the water n the heating circuit. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make this modification to allow the system of Thomasson to be compatible with an electrically powered system, therefore allowing use in an area where gas is not accessible. Regarding claim 2, Thomasson, as modified, teaches the heat pump water heater of claim 1 wherein the thermostatic mixing valve is adjustable to accommodate a desired temperature of the water contained within the circulation piping (adjustable from fig. 1-3; “As indicated in FIG. 1, the heat sensitive bulb 19 extending into the hollow body 11 of the thermostatic mixing valve 10 is initially subjected to hot water from the first inlet 12 . The water from the first inlet 12 is arranged to flow past a first section of the heat sensitive bulb 19 . The valve 21 is arranged to open if the water from the first inlet 12 exceeds a predetermined first temperature T1 , by means of the stem 17 acting on the hollow body 11 to displace the thermostatic actuator 16 away from the first end position, as indicated in FIG. 2” [0029], thus, valve moves from fig. 1 to fig. 2 arrangement when valve reaches first temperature T1) Regarding claim 3, Thomasson, as modified, teaches the heat pump water heater of claim 1 wherein the thermostatic mixing valve has a closed state and an opened state, whereby when the thermostatic mixing valve is in the closed state no water enters the circulation piping through the cold water inlet of the thermostatic mixing valve (fig. 1 of Thomasson), and when the thermostatic mixing valve is in the opened state water enters the circulation piping through the cold water inlet of the thermostatic mixing valve (figs. 2-3 of Thomasson) Regarding claim 4, Thomasson, as modified, teaches the heat pump water heater of claim 3 wherein the heat pump water heater has a priming cycle, whereby during the priming cycle the thermostatic mixing valve is in the closed state, the heat pump is activated, and the circulating pump is activated, such that the heat pump causes heat energy to be transferred to the refrigerant in the refrigerant piping, and the circulating pump causes water located within the circulation piping to circulate within the circulation piping and to flow through the heat exchanger to absorb heat energy from the refrigerant (“In operation, a temperature sensor in the accumulator tank 52 or the heating system 71 can be used to indicate that the accumulator tank 52 is cold and that a heating sequence is required. The boiler 51 is fired and when the flue gases reach a predetermined temperature the first thermostat 56 will start the pump 55 . The water being heated in the boiler 51 will then begin circulating in the bypass circuit 54 and flow through the thermostatic mixing valve 53 . Initially the water will flow through first inlet 61 and the outlet 63 to be returned to the boiler 51 (see FIG. 1). At this time, there is no flow through the inlet conduit 67 is connected to the accumulator tank 52” [0041 of Thomasson]; boiler 51 of Thomasson modified to comprise heat pump heat source unit 3 of Akito) Regarding claim 5, Thomasson, as modified, the heat pump water heater of claim 3 wherein the heat pump water heater has an operating cycle, whereby during the operating cycle the thermostatic mixing valve is in the opened state, the heat pump is activated, and the circulating pump is activated, such that water flows from the water tank through the inflow piping into the circulation piping, the heat pump causes heat energy to be transferred to the refrigerant in the refrigerant piping, the circulating pump causes water located within the circulation piping to circulate within the circulation piping and to flow through the heat exchanger to absorb heat energy from the refrigerant, and water flows into the water tank through the outflow piping (“When the water flowing through the thermostatic mixing valve 53 reaches a predetermined temperature, the thermostatic actuator in the thermostatic mixing valve 53 will open a valve and begin mixing cold water from the outlet conduit 64 from the accumulator tank 52 with the hot water from the boiler 51 at a relatively low flow rate. At the same time, hot water will flow from the boiler 51 through the inlet conduit 67 and into to the accumulator tank 52” [0042 of Thomasson]; ]; boiler 51 of Thomasson modified to comprise heat pump heat source unit 3 of Akito) Regarding claim 6, Thomasson, as modified, teaches the heat pump water heater of claim 1 wherein the heat pump water heater further comprises a temperature probe located within the water tank (“In operation, a temperature sensor in the accumulator tank 52 or the heating system 71 can be used to indicate that the accumulator tank 52 is cold”) [0041 of Thomasson] Thomasson does not teach a temperature probe located within the water tank proximate to a bottom of the water tank (“The control unit 6 receives detection signals from the temperature sensors 5a to 5d, the incoming water temperature sensor 8c, the hot water temperature sensor 9c, the outside air temperature sensor 31, etc., and the valves, pumps, etc. provided in the circulation heating circuit 4 and the hot water supply passage 9 etc. Is operated to operate the heat pump heat source unit 3 and the auxiliary heat source unit 7 so that hot water can be supplied at a hot water supply set temperature set by the user via the operation remote controller 41”) [0029]; as shown on fig. 1, temperature sensor 5a located proximate to a bottom of the water tank) The system of Thomasson can be modified to include the temperature sensors 5a to 5d of Akito (wherein temperature sensor 5a located proximate to a bottom of the water tank) as the temperature sensor in the accumulator tank 52 as disclosed in [0041] of Thomasson. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make this modification in order to receive temperature readings from multiple areas of the tank, since it is likely that water will be different temperatures at different locations; thus, each sensor can be used to indicate if the accumulator tank 52 is cold. Regarding claim 7, Thomasson, as modified, teaches the heat pump water heater of claim 6 wherein the thermostatic mixing valve has an opened state, whereby when the thermostatic mixing valve is in the opened state water enters the circulation piping through the cold water inlet of the thermostatic mixing valve (figs. 2-3 of Thomasson); the heat pump water heater has an operating cycle, whereby during the operating cycle the thermostatic mixing valve is in the opened state, the heat pump is activated, and the circulating pump is activated, such that water flows from the water tank through the inflow piping into the circulation piping, the heat pump causes heat energy to be transferred to the refrigerant in the refrigerant piping, the circulating pump causes water located within the circulation piping to circulate within the circulation piping and to flow through the heat exchanger to absorb heat energy from the refrigerant, and water flows into the water tank through the outflow piping (“When the water flowing through the thermostatic mixing valve 53 reaches a predetermined temperature, the thermostatic actuator in the thermostatic mixing valve 53 will open a valve and begin mixing cold water from the outlet conduit 64 from the accumulator tank 52 with the hot water from the boiler 51 at a relatively low flow rate. At the same time, hot water will flow from the boiler 51 through the inlet conduit 67 and into to the accumulator tank 52” [0042 of Thomasson]; boiler 51 of Thomasson modified to comprise heat pump heat source unit 3 of Akito); and the temperature probe determines the temperature of the water located in the water tank at the bottom of the water tank, and activates the operating cycle of the heat pump water heater when said temperature of said water is below a desired temperature (“In operation, a temperature sensor in the accumulator tank 52 or the heating system 71 can be used to indicate that the accumulator tank 52 is cold and that a heating sequence is required. The boiler 51 is fired and when the flue gases reach a predetermined temperature the first thermostat 56 will start the pump 55 . The water being heated in the boiler 51 will then begin circulating in the bypass circuit 54 and flow through the thermostatic mixing valve 53 . Initially the water will flow through first inlet 61 and the outlet 63 to be returned to the boiler 51 (see FIG. 1). At this time, there is no flow through the inlet conduit 67 is connected to the accumulator tank 52 . When the water flowing through the thermostatic mixing valve 53 reaches a predetermined temperature, the thermostatic actuator in the thermostatic mixing valve 53 will open a valve and begin mixing cold water from the outlet conduit 64 from the accumulator tank 52 with the hot water from the boiler 51 at a relatively low flow rate. At the same time, hot water will flow from the boiler 51 through the inlet conduit 67 and into to the accumulator tank 52” [0041-0042 of Thomasson], and deactivates the operating cycle of the heat pump water heater when said temperature of said water reaches the desired temperature (“At the end of the charging of the accumulator tank 52 , hot water will reach the lower portion of the said tank. The thermostatic mixing valve 53 will then receive hot water from both the first and the second inlets 61 , 62 . When the temperature of the water passing through the thermostatic mixing valve 53 exceeds a predetermined temperature, the thermostatic actuator in the thermostatic mixing valve 53 will close a valve and stop the flow through the bypass conduit 54 . The entire flow of hot water from the boiler 51 will then pass directly to the accumulator tank 52 and return through the thermostatic mixing valve 53 and the pump 55 . This ensures a complete and effective charging of the accumulator tank 52 . As described above, the heating of the boiler 51 will be ended when the temperature of the water leaving the boiler 51 exceeds a maximum predetermined limit”) [0043 of Thomasson] Conclusion The prior art of record not relied upon includes: Masahiro (JP2007255820A), which teaches a a similar heat pump water heater to that claimed Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRETT P MALLON whose telephone number is (571)272-4749. The examiner can normally be reached Monday-Thursday from 8am to 5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, EDELMIRA BOSQUES can be reached at (571)270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BRETT PETERSON MALLON/Examiner, Art Unit 3762 /EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3762
Read full office action

Prosecution Timeline

Jun 05, 2023
Application Filed
Sep 17, 2025
Non-Final Rejection — §103
Apr 03, 2026
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12595918
AIR CONDITIONER INDOOR UNIT AND AIR CONDITIONER
2y 5m to grant Granted Apr 07, 2026
Patent 12553666
HEAT TREATMENT SYSTEM
2y 5m to grant Granted Feb 17, 2026
Patent 12546536
VERTICAL-TYPE BAKING APPARATUS OF POSITIVE ELECTRODE MATERIAL FOR SECONDARY BATTERY
2y 5m to grant Granted Feb 10, 2026
Patent 12535236
HEAT EXCHANGE VENTILATOR
2y 5m to grant Granted Jan 27, 2026
Patent 12535227
SPLIT-TYPE RANGE HOOD HAVING GUIDING HOOK GROOVES FOR PRESSURE DISPERSION TRAY
2y 5m to grant Granted Jan 27, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
64%
Grant Probability
92%
With Interview (+27.9%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 121 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in for Full Analysis

Enter your email to receive a magic link. No password needed.

Free tier: 3 strategy analyses per month