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 .
1. Claims 1-3, 6-10, 12-14, 17-19 AND 24-28 are presented for examination. Claims 4-5, 11, 15-16 and 20-23 are cancelled.
Response to Amendment/Response to Arguments
2. 2.1 The rejection under 112 has been withdrawn since applicant’s amendments and remarks are persuasive and overcome the rejection.
2.2 The rejection under 112 has been withdrawn since applicant’s amendments and remarks are persuasive and overcome the rejection.
2.3 The rejection under 103 has been withdrawn since applicant’s amendments and remarks, see page 9, filed 01/16/2026, are persuasive and overcome the rejection.
The rejection under 103 has been withdrawn in light of the amendments made. This amendment was added in response to the non-final rejection made by the Office. As a result, the previous rejection has been withdrawn and a new rejection has been made in its place. See the rejection below.
Claim Rejections - 35 USC § 112
3. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 is s system that is written as Shulhauser type of contingent limitation. It recites " “determining if the current energy tariff is a peak tariff” Thus, under BRI, when the conditions are not satisfied, the steps that follow need not to take place. Consequently, any prior art that do not teach these subsequent steps but nonetheless teaches rest of the claim limitations would be sufficient to teach claim 2. Therefore, the claim needs to be amended such that it is not in this contingency format, especially when the allowable subject matter has been indicated to be the claim as a whole, suggesting that the Examiner was under the assumption that these claim limitations were given weight.
As per claim 3, these claims are at least rejected for their dependencies, directly or indirectly, on the rejected claim 2. They are therefore rejected as set forth above.
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.
4. 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.
4.1 Claim(s) 1-3, 7-9, 12, 17-19 and 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Erez (US 20120298204 A1) in view of Zhang (US 20190293303 A1).
Regarding claim 1, 17 and 24-25, Erez a heater arrangement system (controller 24) for controlling heating of water that is arranged to be provided to a water outlet (taps B1, B2 and B3) from a water supply (main water supply 14), the water outlet being arranged to provide heated water to a user ([0007] [0051], Fig. 1, A control system effectively controls the heating and supply of water. B1 controls the inflow of water from the main water supply), the heater arrangement system comprising:
a water heating device (Fig. 1, the heat pumps 18, which heat the water to the desired pre-determined temperature) disposed remotely from the water outlet (plurality of taps B1, B2, B3) and configured to heat water from the water supply (main water supply 14) such that heated water is arranged to be supplied to the water outlet
a flow controller configured to control flow of water to the water heating device from the water supply ([0051], B1 controls the inflow of water from the main water supply); and
a control unit communicatively coupled to the flow controller and the water heating device (Fig. 1, [0054] The system 10 further comprises a controller 24 which may be in communication with all the operating elements of the system including, the control unit being configured to:
a) determine if a current energy tariff is a peak tariff (Fig. 3, determine if the tariff is peak, normal or cheap); and
b) in response to determining that the current energy tariff is a peak tariff (Fig. 3), controlling the water heating device to reduce a temperature of the heated water provided by the water heating device from a first predetermined temperature to a second predetermined temperature, the second predetermined temperature being lower than the first predetermined temperature (Abstract, [0063], [0063]-[0071], [0100], 0101] if, during peak times the water volume capacity in storage tank 16 falls below 30% (say) and the temperature in heating tank 12 is below 55.degree. C., the heating pumps may be activated to raise the temp to a minimum of 55.degree. C. so that heated water may be transferred to storage tank 16. If the water the temperature in heating tank 12 is above 55.degree. C., the heated water will be transferred to storage tank 16, without the need to activate the heating pumps during peak tariff times. The system 10 may be configured to record all measurements associated with the system's operation, such as the amount of energy needed, by metering the water data, the temperature differences recorded by T2 during filling of storage tank 16 and by T4 during inflow of mains water, and the electric consumption of the system. Additionally, the amount of water supplied to consumers and the electricity consumption according to various tariff rates may be recorded. All measurements may be stored in a memory device for analysis and further processing), wherein the first and second predetermined temperatures are set by the user, by a utility company, or by an artificial intelligence algorithm executed by the control unit (0046], The heating system may be operated manually or automatically by the controller. The system is configured to efficiently heat water at a cheaper cost, such as by utilizing cheaper night-time electricity tariff, for example and maintaining the temperature of the water at the optimum temperature required for the user).
In addition, Erez discloses adjusting the temperature of the water, as state above, but does not specifically discloses lowering the temperature of the heated water. However, Zhang discloses in par. [0059]-[0060], 9], for storage type water heaters, the water temperature in the storage tank typically needs to be maintained at a target level (or temperature setpoint), in order to provide a stable hot water supply. When the hot water is drawn from the hot water storage tank to meet this user demand, cold makeup water is typically introduced into the hot water storage tank, and this cold water reduces the water temperature in the hot water storage tank. Once the water temperature in the hot water storage tank drops below a certain temperature threshold, the water heater control system activates the water heaters, which heat the water in the tank to a previously determined temperature setpoint.
Regarding claims 2 and 18, Erez discloses the determining if the current energy tariff is a peak tariff comprises determining whether the energy tariff is an off-peak tariff ([0020]-[0028, Fig. 2, determine if the tariff is off-peak, cheap rat tariff electricity).
Regarding claim 3 and 19, Erez discloses in response to determining that the current energy tariff is an off-peak tariff (Fig. 3, step 212, 214, 216, determine the peak tariff cheap tariff in operation), the control unit is configured to set the heater arrangement system to an energy storage mode [0020], [0024], [0027], [0026] transferring the heated water from the heating tank to the storage tank to ensure that the volume of water in the storage tank remains greater than the first minimum volume. [0028] if the volume of water in the storage tank drops below the second minimum volume during periods of regular rate electricity, activating the heat pumps to heat water within the heating tank; and [0029] transferring the heated water from the heating tank to the storage tank to ensure that the volume of water in the storage tank remains greater than the second minimum volume)
Regarding claim 7, Erez discloses reducing the temperature of water provided by the heater arrangement system is according to a predetermined target ([0063]-[0065], [0081], water enters the system 10 during periods of cheaper electricity, for example and is diverted, to the heat pumps 18, which heat the water to the desired pre-determined temperature. The heated water is pumped into the main heating tank 12).
Regarding claim 8, Erez discloses the controller (controller 24) is configured to switch to an alternative heat source to provide heated water in response to determining that the current energy tariff is a peak (Fig. 3, [0068]-[0069], [0086]-[0089], the heat pumps may be used during peak times, consumer demand and draw-off of heated water occurs during the periods of standard or peak tariff, the volume of water in the storage tank 16 will gradually be reduced. In order to conserve energy, preferably the heat pumps will only be operated during non-cheap tariff periods, if the volume of water in the storage tank 16 drops to a pre-determined level).
Regarding claims 9 and 12, Erez discloses the alternative heat source is a thermal energy storage ([0057]-[0058], [0060], The water in heating tank 12 is heated by means of the heat pumps 18. Basically, heat pumps are extremely efficient, since they transfer heat, rather than burn fuel to create it. Any type of heat pump, known in the art, may be used, such as air-air heat pumps, air-source heat pumps, ground-source heat pumps (thermal energy), that absorb heat from the ground or an underground body of water and transfer it indoors, or vice versa. Absorption heat pumps are air-source heat pumps that are powered by natural gas, solar power rather than by electricity, the system may also comprise a solar water heating system 22, which comprises vacuum tubes (or solar panels) which absorb thermal energy from the sun and convert it into usable heat ).
Erez and Zhang are analogous art. They relate to water heating system. Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify hot water heating system, taught by Zhang, incorporated with energy saving system and method for heating water, taught by Erez, in order to have an energy saving system which uses a cheaper energy source, such as low-rate electricity, to supply constant hot water on demand at all times.
4.2 Claim(s) 6 and 26-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Erez (US 20120298204 A1) in view of Zhang (US 20190293303 A1) further in view of Minnoy (US 20190338962 A1).
Regarding claims 6 and 26-28, the combination of Zhang and Erez discloses the limitations of claims 1 and 26-28, but fails to discloses the limitations of claim 6 and 26-28. However, Minnoy discloses the limitations of claims 6 and 26-28 follow: Minnoy discloses the artificial intelligence algorithm predicts values of the first and second predetermined temperatures, where the artificial intelligence algorithm has previously been trained based on data associated with past usage of the heater arrangement system ([0184], neural network can be employed to predict the needed power budget for the next timeslot (for example 24 hours). The neural network can be trained with one or more (e.g. all) of the following input parameters: current vessel temperature, target temperature, available time until target temperature needs to be reached, weekday and length of the daytime. Other input parameters may be used in different settings, for example in different geographical regions).
Minnoy, Erez and Zhang are analogous art. They relate to water heating system. Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify, heating system, taught by Minnoy, incorporated with teaching of Zhang and Erez, as state above, in order to improve the efficiency and/or reduce costs for heating.
4.3 Claim(s) 10 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Erez (US 20120298204 A1) in view of Zhang (US 20190293303 A1) further in view of Ai-Hallaj (US 20200235446 A1).
Regarding claims 10 and 13-14, the combination of Erez and Zhang discloses the limitations of claims 7-3, 12 and 24-25, as state above, but fails to discloses the limitation of claims 10 and 13-14. However, Ai-Hallaj discloses the limitations of claims 10 and 13-14, as follow:
Regarding claim 10, Ai-Hallaj discloses the energy storage mode includes either pre-heating a thermal energy storage to a first temperature, or increasing an amount temperature of heated water provided to the heater arrangement system to increase heating output, such that extra thermal energy is arranged to be stored by a structure of a building housing the heater arrangement system([0041]-[0044], Controller 20 may process the current building temperature and compare it with the desired interior temperature and adjust the flow of the heat transfer fluid such that the building temperature and the building use forecast temperature are substantially equal during the operation. The controller 20 continues to signal the pumping of the heat transfer fluid through slab 12 maintaining the desired building use forecast temperature).
Regarding claim 13, Ai-Hallaj discloses the thermal energy storage device is a phase change material device ((Abstract, thermal energy transport conduits to deliver thermal energy to the thermal mass including one or more phase change materials (PCMs)).
Regarding claim 14, Ai-Hallaj discloses the phase change material is a paraffin wax ([0035], the PCMs is a Paraffin waxes undergo negligible subcooling and are chemically inert and stable with no phase segregation).
Ai-Hallaj, Erez and Zhang are analogous art. They relate to water heating system. Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify, monitoring a thermal state of charge, taught by Ai-Hallaj, incorporated with teaching of Zhang and Erez, as state above, in order to in order to be able to alternately heat and/or cool the phase-change material are formed by a heat exchanger with tubes that extend through the phase-change material and which are provided to be affixed on a supply and an outlet of a hot medium and/or a supply and outlet of a cold medium.
Citation Pertinent prior art
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Miller (US20060276938A1) discloses devices for which energy consumption can be scheduled or deferred are activated during periods of cheapest energy usage
A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for allthat it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed wereinstead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1 009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck& Co. v. Biocraft Labs., Inc., 874 F.2d804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1, 215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163USPQ 545, 549 (CCPA 1969).
Conclusion
6. 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.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed Kidest Worku whose telephone number is 571-272-3737. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ali Mohammad can be reached on 571-272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIDEST WORKU/Primary Examiner, Art Unit 2119