CTNF 18/210,270 CTNF 87497 DETAILED ACTION Application Status The claims filed on 6/23/22 has been entered. Claims 1-15 remain pending in the application. 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-06 AIA 15-10-15 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 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. Claim Interpretations 35 USC § 112(f) or 112 6 th Paragraph (pre-AIA) 07-30-03 AIA 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. 07-30-04 AIA Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function. Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function. Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) 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: Cl 6 – room temperature measurement device; Cl 7 – discharge air temperature measurement device; Cl 8 – suction air temperature measurement device; Cl 10 – hot water temperature measurement device; Cl 11 – supply water temperature measurement device; and Cl 12 – discharge water temperature measurement device. The limitation of claims 7-8 and 10-12 are understood by a PHOSITA to be temperature sensors in light of the drawings temperature sensor circular symbols and paragraph 72 of the specification (PG Pub) discussing sensors, which are reasonably understood as corresponding to the system sensors, including these. The room temperature measurement device of claim 6 is reasonably understood to correspond to a thermostat, as depicted in the figures. 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 § 103 07-20 AIA The following is a quotation of 35 U.S.C. 103(a) or 103 which form the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. 07-20-aia AIA 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 of this title, 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. This application currently names joint inventors. In considering patentability of the claims under 35 U.S.C. 103(a) or 103, the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions or the effective filing date were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made or as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g) prior art under 35 U.S.C. 103(a), or of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim 1-5, 9 and 15 are rejected under 103 as being unpatentable over Hwang (KR 20170138736) in view of Park (KR 20220078515, US Pat. Pub. 2022/0178623 used as the English translation for the same foreign document). Regarding claim 1 , Hwang discloses an air heating apparatus comprising: an expansion tank (23) configured to store water; a water heater (21) configured to receive heat from a combustion gas generated by a combustion reaction and heat the water (see paragraph 50); a heating heat exchanger (150) configured to receive the water heated by the water heater and exchange heat between the water and air discharged for heating (see paragraph 59, noting under a BRI, air being discharged from 140, see fig. 1); a fan (160) configured to deliver the air to the heating heat exchanger (noting deliver being broadly interpreted as provide, see https://www.merriam-webster.com/dictionary/deliver, here fan 160 delivers air to 150 via suction); a circulation supply flow path (see fig. 3, noting starting at bottom side of 23, flowing through 6a, 6b, 151, through 4, then returning to 23 via 6d) formed to connect the expansion tank, the water heater, and the heating heat exchanger and configured to guide the water in the expansion tank via the water heater to the heating heat exchanger; a hot water heating flow path (formed at 26 going through 27d, 25, then terminating at 27b) of which one end is connected to a first point (@26) that is a point positioned downstream of the water heater in the circulation supply flow path and the other end is connected to a second point (@ connection of 27e at 27b) positioned downstream of the first point in the circulation supply flow path. Hwang fails to explicitly disclose a hot water tank in which hot water is stored and in which a heating area is disposed inside the hot water tank to heat the hot water in the hot water tank. Park teaches a hot water tank (95d) in which hot water is stored and in which a heating area is disposed inside the hot water tank to heat the hot water in the hot water tank (see paragraphs 145-146; noting heat transfer occurring within the tank must occur in a heating area for heated hot water to be able to be supplied). Applicant's claimed invention only differs from the applied prior art by a mere substitution of prior art elements (substitution of the hot water heat exchanger of Hwang with the tank hot water system of Park), where both applicant’s claimed elements, and that of the prior art, were both well known in the art at the time of invention/before the effective filing date of the claimed invention. One having ordinary skill in the art at the time of invention/before the effective filing date of the claimed invention would have recognized that upon substitution, according to known methods, predictable results would have followed as they are both provided for the generation of hot water for an external use. Accordingly, it would have been obvious to one having ordinary skill in the art at the time of invention/before the effective filing date of the claimed invention to modify the applied prior art to include these taught limitations. Regarding claim 2 , Hwang further teaches a valve part (26) configured to open or close the hot water heating flow path and open or close a downstream side of the first point (see paragraph 50, noting 3-way valve of 26 and thus one path is open while the other is closed). Regarding claim 3, Hwang further teaches a control structure (necessarily present as these components operate based on a changing mode i.e. hot water mode or heating mode and thus there must be control structure in order for them to operate) electrically connected to the valve part and configured to control an operation of the valve part and control operations of the water heater and the fan (see paragraph 33, 35 and 50, noting control of all of these elements in a heating mode). Hwang fails to explicitly disclose that the control structure is a controller. Hwang similarly teaches the use of a controller (see paragraph 28 noting control of valve 4 with this well-known control structure). One having ordinary skill in the art at the time of invention/before the effective filing date of the claimed invention would have recognized that upon substitution (control structure of which Hwang is silent, with the taught conventional controller), according to known methods, predictable results would have followed. Accordingly, it would have been obvious to one having ordinary skill in the art at the time of invention/before the effective filing date of the claimed invention to modify the applied prior art to include these taught limitations. Regarding claim 4, Hwang further teaches a circulation pump (24) disposed downstream of the expansion tank and upstream of the water heater in the circulation supply flow path (see fig. 1) and configured to pump the water in the circulation supply flow path, wherein the controller controls an operation of the circulation pump (rendered obvious via the substitution above). Regarding claim 5, Hwang further teaches that when a current mode corresponds to a heating mode in which heating of indoor air is required and does not correspond to a hot water mode in which use of the hot water is required, the controller (rendered obvious via the substitution above) controls the valve part to open the downstream side of the first point and close the hot water heating flow path (See paragraphs 50 and 59). Regarding claim 9, Hwang further teaches that when a current mode corresponds to a hot water mode in which use of the hot water is required, the controller (rendered obvious from analysis above) controls the valve part to open the hot water heating flow path and close the downstream side of the first point (see paragraph 50). Regarding claim 15, Hwang further discloses that wherein the heating area is formed in a spiral shape extending upward (see fig. 4 noting spiral formation inside 25). Claims 6-8 are rejected under 103 as being unpatentable over Hwang (KR 20170138736) in view of Park (KR 20220078515, US Pat. Pub. 2022/0178623 used as the English translation for the same foreign document), further in view of Lee (KR 10-2018-0035291). Regarding claim 6, Hwang further discloses controlling indoor air temperature via heating via controlling operations of the water heater, the fan, and the circulation pump (see paragraphs 2,3 and 59, i.e. there’s a heating mode and the system necessarily knows when to heat the disclosed room in paragraphs 2 and 3 to maintain a desired temperature). Huang fails to explicitly disclose that the above heating is effectuated by a room temperature measurement device disposed in a room, electrically connected to the controller, and configured to transmit information on an acquired room temperature to the controller, wherein the controller controls operations of the water heater, the fan, and the circulation pump based on a value obtained by comparing the room temperature acquired by the room temperature measurement device with a target room temperature. Lee teaches a room temperature measurement device (65) disposed in a room (50), electrically connected to the controller (90), and configured to transmit information on an acquired room temperature to the controller, wherein the controller controls room heating (see paragraph 317; noting a heating function) based on a value obtained by comparing the room temperature acquired by the room temperature measurement device with a target room temperature (see paragraph 318, noting a finite number of predictable solutions from paragraph 319 of different temperature measurement device locations for system heating control). Room temperature was one predictable potential solution which one having ordinary skill in the art would have pursued with a reasonable expectation of success based on the intended operation of the applied prior art, for heating control, as the room is already being heated in the disclosure of Hwang, but the specifics of what temperature value is being used is not specifically taught. There are a finite of known predictable temperature values which are known for this type of control taught in Lee. Accordingly, it would have been obvious to one having ordinary skill in the art at the time of invention/before the effective filing date of the claimed invention to modify the applied prior art to include these taught limitations. Regarding claim 7, Hwang further discloses controlling indoor air temperature via heating via controlling operations of the water heater, the fan, and the circulation pump (see paragraphs 2,3 and 59, i.e. there’s a heating mode and the system necessarily knows when to heat the disclosed room in paragraphs 2 and 3 to maintain a desired temperature). Hwang fails to explicitly disclose a discharge duct formed to communicate with a room and configured to guide the air discharged from the fan to the room; and a discharge air temperature measurement device disposed in the discharge duct and configured to measure a temperature of the air discharged from the fan, wherein the controller controls operations of the water heater, the fan, and the circulation pump based on a value obtained by comparing the temperature of the air acquired by the discharge air temperature measurement device with a target discharge air temperature. Lee teaches a discharge duct (see paragraph 320) formed to communicate with a room and configured to guide the air discharged from a fan to the room and a discharge air temperature measurement device (71) disposed in the discharge duct (see paragraph 321) and configured to measure a temperature of the air discharged, wherein the controller controls heating based on a value obtained by comparing the temperature of the air acquired by the discharge air temperature measurement device with a target discharge air temperature (see paragraph 318). Discharge air temperature was one predictable potential solution which one having ordinary skill in the art would have pursued with a reasonable expectation of success based on the intended operation of the applied prior art, for heating control, as the room is already being heated in the disclosure of Hwang, but the specifics of what temperature value is being used is not specifically taught. There are a finite of known predictable temperature values which are known for this type of control taught in Lee. Accordingly, it would have been obvious to one having ordinary skill in the art at the time of invention/before the effective filing date of the claimed invention to modify the applied prior art to include these taught limitations. Regarding claim 8, Hwang further discloses controlling indoor air temperature via heating via controlling operations of the water heater, the fan, and the circulation pump (see paragraphs 2,3 and 59, i.e. there’s a heating mode and the system necessarily knows when to heat the disclosed room in paragraphs 2 and 3 to maintain a desired temperature). Hwang fails to explicitly disclose a suction duct formed to communicate with a room and configured to guide the indoor air to the fan and a suction air temperature measurement device disposed in the suction duct and configured to measure a temperature of the air suctioned from the room, wherein the controller controls operations of the water heater, the fan, and the circulation pump based on a value obtained by comparing the temperature of the air acquired by the suction air temperature measurement device with a target suction air temperature. Lee teaches a suction duct (see paragraph 279) formed to communicate with a room and configured to guide the indoor air to the fan and a suction air temperature measurement device (72) disposed in the suction duct and configured to measure a temperature of the air suctioned from the room, wherein the controller controls operations of the heater based on a value obtained by comparing the temperature of the air acquired by the suction air temperature measurement device with a target suction air temperature (see paragraph 318). Return air temperature was one predictable potential solution which one having ordinary skill in the art would have pursued with a reasonable expectation of success based on the intended operation of the applied prior art, for heating control, as the room is already being heated in the disclosure of Hwang, but the specifics of what temperature value is being used is not specifically taught. There are a finite of known predictable temperature values which are known for this type of control taught in Lee. Accordingly, it would have been obvious to one having ordinary skill in the art at the time of invention/before the effective filing date of the claimed invention to modify the applied prior art to include these taught limitations. Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 10-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK D. MAINES whose telephone number is 571-270-1911. The examiner can normally be reached Monday thru Thursday, 7:00 AM till 7:30 PM EST. If attempts to reach examiner are unsuccessful, the examiner’s supervisor, David Eastwood can be reached at 571-270-7135. 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If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PATRICK D MAINES/Primary Examiner, Art Unit 6218 Application/Control Number: 18/210,270 Page 2 Art Unit: 6218 Application/Control Number: 18/210,270 Page 3 Art Unit: 6218 Application/Control Number: 18/210,270 Page 4 Art Unit: 6218 Application/Control Number: 18/210,270 Page 5 Art Unit: 6218 Application/Control Number: 18/210,270 Page 6 Art Unit: 6218 Application/Control Number: 18/210,270 Page 7 Art Unit: 6218 Application/Control Number: 18/210,270 Page 8 Art Unit: 6218 Application/Control Number: 18/210,270 Page 9 Art Unit: 6218 Application/Control Number: 18/210,270 Page 10 Art Unit: 6218 Application/Control Number: 18/210,270 Page 11 Art Unit: 6218 Application/Control Number: 18/210,270 Page 12 Art Unit: 6218