Prosecution Insights
Last updated: April 19, 2026
Application No. 18/276,003

REDUCTION OF WATER/ENERGY WASTE IN A WATER PROVISION SYSTEM

Non-Final OA §103
Filed
Aug 04, 2023
Examiner
BARGERO, JOHN E
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Octopus Energy Heating Limited
OA Round
4 (Non-Final)
56%
Grant Probability
Moderate
4-5
OA Rounds
3y 10m
To Grant
86%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allow Rate
322 granted / 579 resolved
-14.4% vs TC avg
Strong +31% interview lift
Without
With
+30.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
36 currently pending
Career history
615
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
59.2%
+19.2% vs TC avg
§102
21.9%
-18.1% vs TC avg
§112
16.1%
-23.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 579 resolved cases

Office Action

§103
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 12/29/2025 have been fully considered and are persuasive. The prior art, Al-Naffouri et al. (US 2023/0297044), had claimed priority of a provisional application filed August 19,2020, but after thorough review it was discovered that the elements relied on by the Office for the rejections were not disclosed until the filing of the PCT, so the actually filing date was August 18,2021. The Applicant’s priority date is February 7,2021. Therefore, the rejection has been withdrawn. However, upon further consideration, new grounds of rejection made below. Additionally, the Office has noticed that the claimed invention never disclose if it turns on the faucet after detection of an object below the faucet; it only modifies the flow once no object is detected. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1, 8 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 12,077,952) and Moineau (US 4,867,189). Regarding claim 1, Smith (S) discloses a heater arrangement system for a water provision system in a building for controlling a water supply provided to a water outlet (Abstract), the water outlet (102,104) being arranged to provide heated water to a user, the heater arrangement system comprising: a water heating device disposed remotely from the water outlet (C2,L33-35, in order to control the water temperature a heating device must be used); and a control module (200) comprising a processor (210) having software executing thereon, or having pre- configured hardware logic components, the control module communicatively coupled to the water heating device, the control module being configured to, when the software is executing on the processor, or by the hardware logic components: a) receive a signal from a sensor (122, C3,28-44) disposed at or near the water outlet; b) determine whether an object is present below the water outlet (C2,L3-35); c) when it is determined that there is no object below the water outlet, control the water heating device to reduce a temperature and/or flow rate of heated water supplied to the water outlet from an initial level (Figure 3); d) set a timer to begin counting from an initial time value, upon detection that the water outlet has been opened; f) stop the flow of water being supplied to the water outlet if the elapsed time of the timer has passed a threshold time value,; wherein when it is determined that the object is below the water outlet, the temperature and/or the flow rate of heated water supplied to the water outlet back is controlled to revert to the initial level (C11, L24-37); wherein the threshold time values are set by an artificial intelligence algorithm executed by the control module; wherein the artificial intelligence algorithm predicts the values of the first and second threshold time values, based on past usage of the water provision system in the building; and wherein the artificial intelligence algorithm has been trained on past usage of the water flow in the building, such that the warning is not initiated, and the water is not stopped, where such use of the water is normal for the building (C12,L21-54). Smith does not disclose the steps that; e) initiate a warning at or near the water outlet if an elapsed time of the timer has passed a first threshold time value; and e) stop the flow of water being supplied to the water outlet if the elapsed time of the timer has passed a second threshold time value, which is higher than the first threshold time value; However, Moineau (M) discloses a controller for utilizing water (Abstract) that comprises the steps that; d) set a timer to begin counting from an initial time value, upon detection that the water outlet has been opened ([C2,L8-14); e) initiate a warning at or near the water outlet if an elapsed time of the timer has passed a first threshold time value (C2,L21-25); and e) stop the flow of water being supplied to the water outlet if the elapsed time of the timer has passed a second threshold time value, which is higher than the first threshold time value (C2,L25-33). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to add the feature of notifying the user of an ending of the programed water usage, so as to avoid discomfort and to aid in conserving water as an additional feature to the faucet system. Regarding claim 8, Smith (S) discloses a method of controlling a water supply provided to a water outlet in a water provision system in a building, the water outlet being arranged to provide heated water to a user from a water heating device (C2,L33-35, in order to control the water temperature a heating device must be used), the method comprising: a) receiving a signal from a sensor (122) disposed at or near the water outlet ; b) determining whether an object (C2,L3-35) is present below the water outlet; c) when it is determined that there is no object below the water outlet, controlling the water heating device to reduce a temperature and/or flow rate of heated water supplied to the water outlet from an initial level (Figure 3); d) setting a timer to begin counting from an initial time value, upon detection that the water outlet has been opened; wherein when it is determined that the object is below the water outlet, the temperature and/or the flow rate of heated water supplied to the water outlet is controlled to revert to the initial level; wherein the threshold time values are set by an artificial intelligence algorithm executed by a control module; wherein the artificial intelligence algorithm predicts the values of the first and second threshold time values, based on past usage of the water provision system in the building; and wherein the artificial intelligence algorithm has been trained on past usage of the water flow in the building, such that the warning is not initiated, and the water is not stopped, where such use of the water is normal for the building (C11, L24-37). Smith does not disclose the steps that; e) initiating a warning at or near the water outlet if an elapsed time of the timer has passed a first threshold time value, which is higher than the first threshold time value; and f) stop a flow of water being supplied to the water outlet if the elapsed time of the timer has passed a second threshold time value, which is higher than the first threshold time value. However, Moineau (M) discloses a controller for utilizing water (Abstract) that comprises the steps that; d) setting a timer to begin counting from an initial time value, upon detection that the water outlet has been opened ([C2,L8-14); e) initiating a warning at or near the water outlet if an elapsed time of the timer has passed a first threshold time value (C2,L21-25); and e) stop the flow of water being supplied to the water outlet if the elapsed time of the timer has passed a second threshold time value, which is higher than the first threshold time value (C2,L25-33). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to add the feature of notifying the user of an ending of the programed water usage, so as to avoid discomfort and to aid in conserving water as an additional feature to the faucet system. Regarding claim 12, Smith (S), as modified, discloses a computer-readable medium (S- C4,L45-61) comprising machine-readable code, which, when executed by a processor, causes the processor to perform the method of any preceding method claim 8. Regarding claim 13, Smith (S), as modified, discloses the control module configured to control operation of a water provision system in a building over a communication channel (S- C4, L18-44), the water provision system comprising a heating system configured to heat water from the mains and controlled by the control module, the water provision system being configured to provide water heated by the heating system to a user at one or more water outlets, the control module comprising a processor having software executing thereon, or having pre-configured hardware logic components, configured for performing the method of any of the preceding method claim 8. Claims 2-4 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 12,077,952), Moineau (US 4,867,189), and Deivasigamani et al. (US 2021/0190328). Regarding claim 2, Smith (S), as modified, discloses the heater arrangement system of claim 1, but not that the water heating device comprises a heat pump and a thermal energy storage device. However, Deivasigamani (D) disclose a heating and cooling system (Abstract, Figure 1) wherein the water heating device comprises a heat pump (34) and a thermal energy storage device (20). 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 heat pump and energy storage device in a water supply system because these arrangements are well known and common in the art. Regarding claim 3, Smith (S), as modified, discloses the heater arrangement system of claim 2, wherein the thermal energy storage device is a phase change material device ([0108]). Regarding claim 4, Smith (S), as modified, discloses the heater arrangement system of claim 3, wherein the phase change material is a paraffin wax ([0108]). Regarding claim 9, Smith (S), discloses the method of claim 8, wherein, but not that the water heating device comprises a heat pump and a thermal energy storage device. However, Deivasigamani (D) disclose a heating and cooling system (Abstract, Figure 1) wherein the water heating device comprises a heat pump (34) and a thermal energy storage device (20). 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 heat pump and energy storage device in a water supply system because these arrangements are well known and common in the art. Regarding claim 10, Smith (S), as modified, discloses the method of claim 9, wherein the thermal energy storage is a phase change material device ([0108]). Regarding claim 11, Smith (S), as modified, discloses the method of claim 10, wherein the phase change material is a paraffin wax ([0108]). Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over and Smith et al. (US 12,077,952), Moineau (US 4,867,189), Deivasigamani et al. (US 2021/0190328), and Alley (US 2023/0375280). Regarding claim 5, Smith (S), as modified, discloses the heater arrangement system of claim 4, but not that the paraffin wax melts at a temperature of 40 degrees to 60 degrees C. However, Alley (Al) discloses a heat storage system (Abstract) wherein the paraffin wax melts at a temperature of 40 degrees to 60 degrees C ([0008], i.e., 115- 145 degrees Fahrenheit). 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 PCM material that changed phase close to the desired delivery water temperature in order to increase the thermal efficiency of the system. Regarding claim 6, Smith (S), as modified, discloses the heater arrangement system of claim 3, 4 or 5, wherein the latent heat capacity of the phase change material is between about 180kJ/kg and 230kJ/kg and a specific heat capacity of perhaps 2.27Jg1K-1 in the liquid phase, and 2.1Jg-1K-1 in the solid phase ([0008]). Regarding claim 7, Smith (S), as modified, discloses the heater arrangement system of any preceding claim, wherein the control module is also configured to d) collect water usage data, and generate a usage report (S-C7, L1-21) accordingly. 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. 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, Steve McAllister can be reached at (571) 272-6785. 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. /JOHN E BARGERO/Examiner, Art Unit 3762 /STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762
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Prosecution Timeline

Aug 04, 2023
Application Filed
Aug 27, 2024
Non-Final Rejection — §103
Dec 04, 2024
Response Filed
Jan 18, 2025
Final Rejection — §103
Apr 03, 2025
Response after Non-Final Action
Apr 28, 2025
Request for Continued Examination
Apr 30, 2025
Response after Non-Final Action
Sep 26, 2025
Non-Final Rejection — §103
Dec 29, 2025
Response Filed
Feb 10, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

4-5
Expected OA Rounds
56%
Grant Probability
86%
With Interview (+30.8%)
3y 10m
Median Time to Grant
High
PTA Risk
Based on 579 resolved cases by this examiner. Grant probability derived from career allow rate.

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