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 4/10/2026 have been fully considered but they are not persuasive. The majority of the arguments are moot in view of the new amendments and the introduction of the new prior art, Wilson (et al. (US 5,722,822), which captures the elements of electrode response decay.
The Applicant’s argument addressing the combination of the prior art Mahowald et al. (US 2006/0017808) with the previous prior art is understood, but respectfully disagreed with. The Office realizes that Mahowald utilizes an optical form of sensing the flame, which is different, but is a flame sensor nonetheless. The art was used to define the structure of the flame sensor with a water heater; the teaching arts are mainly concerned with a generic flame sensor with very little detail as to the appliances that it is utilized in or the modes of communicating the status of the flame, such as through Wi-Fi, etc. The Office reasoned that an electrode based flame sensor could obviously be used with the claimed water heater and be configured to disseminate information on the status of the flame as the applicant’s invention does.
Claim Objections
Claim 3 is no longer objected to in view of the current amendments of 4/10/2026.
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 1-4,8-10,14-16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Mahowald et al. (US 2006/0017808) and Wilson (et al. (US 5,722,822).
Regarding claim 1, Mahowald (M) discloses a gas powered water heater comprising: a storage tank (11, [0011], Figure 1) for holding water; a main burner (13, [0007]) for burning gas to heat water in the storage tank; a flame sensor assembly (14, [0008]) a wireless communication interface (19, [0008]); and a controller (15, [0009]) connected to the flame sensor assembly and the wireless communication interface, the controller programmed to: control the main burner to selectively heat water in the storage tank ([0010]), determine a strength of the flame on the main burner, and output, using the wireless communication interface, an alert based on the determined strength of the flame on the main burner for display on a remote computing device (Claim 6).
Mahowald does not disclose the flame sensor assembly, including: a probe positioned proximate the main burner to couple an electric current to the main burner through a flame on the main burner and not to couple an electric current to the main burner when the flame is not present on the main burner, and a detector that provides signals representative of the electric current provided through the probe and that determines a length of time during which the signals representative of the electric current to alternate between a signal representative of no electric current and a signal representative of a steady state electric current before settling to the signal representative of no electric current or the signal representative of the steady state electric current, determine, based at least in part on the determined length of time, a strength of the flame on the main burner, and output, using the wireless communication interface, an alert based on the determined strength of the flame on the main burner.
However, Wilson (W) discloses a flame sensor suitable for use with a water heater that has the steps of determining a length of time during which the signals representative of the electric current to alternate between a signal representative of no electric current and a signal representative of a steady state electric current before settling to the signal representative of no electric current or the signal representative of the steady state electric current (Claim 1, C4,L41-59, i.e., warning), and determines, based at least in part on the determined length of time, a strength of the flame on the main burner (C3,L33-38, C3,L55-C4,L33) Figure 5, steps 50-EXIT). As a clarification, the signal is not sent until after comparison with previously accepted flame times, thus the delay is built into the circuit. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to use an alternative flame quality monitoring system, such as one including a probe due to their low cost and durability with the ability to monitor the status thereof to prevent fault operation of the device.
Regarding claim 2, Mahowald (M), as modified, discloses the gas powered water heater of claim 1, wherein the controller is programmed to output the alert based on the determined strength of the flame on the main burner when the determined strength of the flame on the main burner is less than an alert threshold value (M- [0010]).
Regarding claim 3, Mahowald (M), as modified, discloses the gas powered water heater of The gas powered water heater of wherein the wireless communication interface comprises one of a radio frequency (RF) transceiver (M-16, [0008]), a short-wave wireless transceiver, a near field communication (NFC) transceiver, and an infrared (IR) transceiver.
Regarding claim 4, Mahowald (M), as modified, discloses the gas powered water heater of claim 1, wherein the alert includes an indication of the determined strength of the flame on the main burner (M - [0010], i.e., Degraded).
Regarding claim 8, Mahowald (M), as modified, discloses the gas powered water heater of claim 1, wherein the controller is programmed to output the alert based on the determined strength of the flame on the main burner when the determined strength of the flame on the main burner is less than a threshold value indicating a strong flame and greater than a threshold value indicating no flame is present (M- Claim 6).
Regarding claim 9, Mahowald (M) discloses a gas powered water heater comprising: a storage tank (11, [0011], Figure 1) for holding water; a main burner (13, [0007]) for burning gas to heat water in the storage tank; a display ([004]); a flame sensor assembly (14, [0008]) including; a wireless communication interface (19, [0008]); and a controller (15, [0009]) communicatively coupled to the flame sensor assembly, the display, and the wireless communication interface, the controller programmed to output, using the wireless communication interface, capable of sending an alert based on the selected flame strength level ([0008,0010]) for display on a remote computing device.
Mahowald does not disclose the flame sensor assembly, including: a probe positioned proximate the main burner to couple an electric current to the main burner through a flame on the main burner, and a detector that provides signals representative of the electric current provided through the probe and that determines a length of time during which the signals representative of the electric current to alternate between a signal representative of no electric current and a signal representative of a steady state electric current before settling to the signal representative of no electric current or the signal representative of the steady state electric current, determine, based at least in part on the determined length of time, a strength of the flame on the main burner, and output, using the wireless communication interface, an alert based on the determined strength of the flame on the main burner.
However, Wilson (W) discloses a flame sensor suitable for use with a water heater that has the steps of determining a length of time during which the signals representative of the electric current to alternate between a signal representative of no electric current and a signal representative of a steady state electric current before settling to the signal representative of no electric current or the signal representative of the steady state electric current (Claim 1, C4,L41-59, i.e., warning), and determines, based at least in part on the determined length of time, a strength of the flame on the main burner (C3,L33-38, C3,L55-C4,L33) Figure 5, steps 50-EXIT). As a clarification, the signal is not sent until after comparison with previously accepted flame times, thus the delay is built into the circuit. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to use an alternative flame quality monitoring system, such as one including a probe due to their low cost and durability with the ability to monitor the status thereof to prevent fault operation of the device.
Regarding claim 10, Mahowald (M), as modified, discloses the gas powered water heater of claim 9 wherein the controller is programmed to output the alert based on the selected flame strength level when the selected flame strength level is less than an alert threshold value (M- [0010]).
Regarding claim 14, Mahowald (M), as modified, discloses the gas powered water heater of claim 9, wherein the controller is programmed to output the alert based on the determined strength of the flame on the main burner when the determined strength of the flame on the main burner is less than a threshold value indicating a strong flame and greater than a threshold value indicating no flame is present (M- Claim 6).
Regarding claim 15, Mahowald (M) discloses the gas powered appliance comprising: a burner (13, [0007], Figure 1) for burning gas; a display (19); a flame sensor assembly (14, [0008]) a wireless communication interface (19, [0008]); and a controller (15, [0009]) connected to the flame sensor assembly and the wireless communication interface, the controller programmed to: control the main burner to selectively heat water in the storage tank ([0010]), determine a strength of the flame on the main burner, and output, using the wireless communication interface, an alert based on the determined strength of the flame on the main burner for display on a remote computing device (Claim 6).
Mahowald does not disclose the flame sensor assembly, including: a probe positioned proximate the main burner to couple an electric current to the main burner through a flame on the main burner and not to couple an electric current to the main burner when the flame is not present on the main burner, and a detector that provides signals representative of the electric current provided through the probe and that determines a length of time during which the signals representative of the electric current to alternate between a signal representative of no electric current and a signal representative of a steady state electric current before settling to the signal representative of no electric current or the signal representative of the steady state electric current, determine, based at least in part on the determined length of time, a strength of the flame on the main burner, and output, using the wireless communication interface, an alert based on the determined strength of the flame on the main burner.
However, Wilson (W) discloses a flame sensor suitable for use with a water heater that has the steps of determining a length of time during which the signals representative of the electric current to alternate between a signal representative of no electric current and a signal representative of a steady state electric current before settling to the signal representative of no electric current or the signal representative of the steady state electric current (Claim 1, C4,L41-59, i.e., warning), and determines, based at least in part on the determined length of time, a strength of the flame on the main burner (C3,L33-38, C3,L55-C4,L33) Figure 5, steps 50-EXIT). As a clarification, the signal is not sent until after comparison with previously accepted flame times, thus the delay is built into the circuit. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to use an alternative flame quality monitoring system, such as one including a probe due to their low cost and durability with the ability to monitor the status thereof to prevent fault operation of the device.
Regarding claim 16, Mahowald (M), as modified, discloses the gas powered water heater of claim 15, wherein the controller is programmed to output the alert based on the determined strength of the flame on the main burner when the determined strength of the flame on the main burner is less than a threshold value indicating a strong flame and greater than a threshold value indicating no flame is present (M- Claim 6).
Regarding claim 20, Mahowald (M), as modified, discloses the gas powered water heater of claim 15, wherein the controller is programmed to output the alert based on the determined strength of the flame on the main burner when the determined strength of the flame on the main burner is less than a threshold value indicating a strong flame and greater than a threshold value indicating no flame is present (M- Claim 6).
Claims 5-7, 11-13, and 17 -19 are rejected under 35 U.S.C. 103 as being unpatentable over Mahowald et al. (US 2006/0017808), Wilson (et al. (US 5,722,822),and Kelly et al. (US 5,720,604).
Regarding claim 5, Mahowald (M), as modified, discloses the gas powered water heater of claim 1, but not that the controller comprises a memory storing correspondences between different flame strengths and different lengths of time taken for a transition between the signal representative of no electric current and the signal representative of the steady state electric current, and wherein the controller is programmed to determine the strength of the flame on the main burner by comparison of the determined length of time to the correspondences stored in the memory.
However, Kelly (K) discloses a flame detection system (Abstract) wherein the controller (52, i.e. microprocessor) comprises a memory storing correspondences between different flame strengths and different lengths of time taken for a transition between the signal representative of no electric current and the signal representative of the steady state electric current (Figure 5, C4,L47-51), and wherein the controller is programmed to determine the strength of the flame on the main burner by comparison of the determined length of time to the correspondences stored in the memory (Steps 80-86, Figure 5).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize the time required for the flame to reach steady state to insure that the device is working properly; an excessively long ignition time may result in hazardous conditions for the occupants.
Regarding claim 6, Mahowald (M), as modified, discloses the gas powered water heater of claim 1, but not that the controller comprises a memory, and the controller is programmed to: store, in the memory, an initial length of time taken for a transition between the signal representative of no electric current and the signal representative of the steady state electric current as a maximum flame strength in response to a received input from a user; determine a plurality of lengths of time longer than the initial length of time corresponding to a plurality of flame strength levels less than the maximum flame strength; and determine the strength of the flame on the main burner by comparison of the determined length of time to the correspondences stored in the memory.
However, Kelly (K) discloses a flame detection system (Abstract) wherein the controller (52, i.e. microprocessor) comprises a memory, and the controller is programmed to: store, in the memory, an initial length of time taken for a transition between the signal representative of no electric current and the signal representative of the steady state electric current as a maximum flame strength in response to a received input from a user (Figure 5, C4,L47-51, the input from the user is determined by the thermostat, which is based on input from a user); determine a plurality of lengths of time longer than the initial length of time corresponding to a plurality of flame strength levels less than the maximum flame strength; and determine the strength of the flame on the main burner by comparison of the determined length of time to the correspondences stored in the memory (Steps 80-86, Figure 5). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize the time required for the flame to reach steady state to insure that the device is working properly; an excessively long ignition time may result in hazardous conditions for the occupants.
Regarding claim 7, Mahowald (M), as modified, discloses the gas powered water heater of claim 1, but not that the controller comprises a memory, and the controller is programmed to: store, in the memory, an initial length of time taken for a transition between the signal representative of no electric current and the signal representative of the steady state electric current as a maximum flame strength in response to a received input from a user; and determine the strength of the flame on the main burner by comparison of the determined length of time to the initial length of time.
However, Kelly (K) discloses a flame detection system (Abstract) wherein the controller (52, i.e. microprocessor) comprises a memory, and the controller is programmed to: store, in the memory, an initial length of time taken for a transition between the signal representative of no electric current and the signal representative of the steady state electric current as a maximum flame strength in response to a received input from a user (Figure 5, C4,L47-51, the input from the user is determined by the thermostat, which is based on input from a user;; and determine the strength of the flame on the main burner by comparison of the determined length of time to the initial length of time (Steps 80-86, Figure 5). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize the time required for the flame to reach steady state to insure that the device is working properly; an excessively long ignition time may result in hazardous conditions for the occupants.
Regarding claim 11, Mahowald (M), as modified, discloses the gas powered water heater of claim 9, but not that the controller comprises a memory storing correspondences between different flame strength levels and different lengths of time taken for a transition between the signal representative of no electric current and the signal representative of the steady state electric current, and wherein the controller is programmed to select the flame strength level by comparison of the determined length of time to the correspondences stored in the memory.
However, Kelly (K) discloses a flame detection system (Abstract) wherein the controller (52, i.e. microprocessor) comprises a memory storing correspondences between different flame strength levels and different lengths of time taken for a transition between the signal representative of no electric current and the signal representative of the steady state electric current, and wherein the controller is programmed to select the flame strength level by comparison of the determined length of time to the correspondences stored in the memory (Figure 5, steps 80-86,C4,L47-51). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize the time required for the flame to reach steady state to insure that the device is working properly; an excessively long ignition time may result in hazardous conditions for the occupants.
Regarding claim 12, Mahowald (M), as modified, discloses the gas powered water heater of claim 9, but not that the controller comprises a memory, and the controller is programmed to: store, in the memory, an initial length of time taken for a transition between the signal representative of no electric current and the signal representative of the steady state electric current as a maximum flame strength in response to a received input from a user; determine a plurality of lengths of time longer than the initial length of time corresponding to a plurality of flame strength levels less than the maximum flame strength; and determine the strength of the flame on the main burner by comparison of the determined length of time to the correspondences stored in the memory.
However, Kelly (K) discloses a flame detection system (Abstract) wherein the controller (52, i.e. microprocessor) comprises a memory, and the controller is programmed to: store, in the memory, an initial length of time taken for a transition between the signal representative of no electric current and the signal representative of the steady state electric current as a maximum flame strength in response to a received input from a user (Figure 5, C4,L47-51, the input from the user is determined by the thermostat, which is based on input from a user); determine a plurality of lengths of time longer than the initial length of time corresponding to a plurality of flame strength levels less than the maximum flame strength; and determine the strength of the flame on the main burner by comparison of the determined length of time to the correspondences stored in the memory (Steps 80-86, Figure 5). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize the time required for the flame to reach steady state to insure that the device is working properly; an excessively long ignition time may result in hazardous conditions for the occupants.
Regarding claim 13, Mahowald (M), as modified, discloses the gas powered water heater of claim 9, but not that the controller comprises a memory, and the controller is programmed to: store, in the memory, an initial length of time taken for a transition between the signal representative of no electric current and the signal representative of the steady state electric current as a maximum flame strength in response to a received input from a user; and determine the strength of the flame on the main burner by comparison of the determined length of time to the initial length of time.
However, Kelly (K) discloses a flame detection system (Abstract) wherein the controller (52, i.e. microprocessor) comprises a memory, and the controller is programmed to: store, in the memory, an initial length of time taken for a transition between the signal representative of no electric current and the signal representative of the steady state electric current as a maximum flame strength in response to a received input from a user (Figure 5, C4,L47-51, the input from the user is determined by the thermostat, which is based on input from a user);; and determine the strength of the flame on the main burner by comparison of the determined length of time to the initial length of time (Steps 80-86, Figure 5). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize the time required for the flame to reach steady state to insure that the device is working properly; an excessively long ignition time may result in hazardous conditions for the occupants.
Regarding claim 17, Mahowald (M), as modified, discloses the gas powered water heater of claim 15, but not that the controller comprises a memory, and the controller is programmed to: store, in the memory, an initial length of time taken for a transition between the signal representative of no electric current and the signal representative of the steady state electric current as a maximum flame strength in response to a received input from a user; and determine the strength of the flame on the main burner by comparison of the determined length of time to the initial length of time.
However, Kelly (K) discloses a flame detection system (Abstract) wherein the controller (52, i.e. microprocessor) comprises a memory, and the controller is programmed to: store, in the memory, an initial length of time taken for a transition between the signal representative of no electric current and the signal representative of the steady state electric current as a maximum flame strength in response to a received input from a user (Figure 5, C4,L47-51, the input from the user is determined by the thermostat, which is based on input from a user;; and determine the strength of the flame on the main burner by comparison of the determined length of time to the initial length of time (Steps 80-86, Figure 5). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize the time required for the flame to reach steady state to insure that the device is working properly; an excessively long ignition time may result in hazardous conditions for the occupants.
Regarding claim 18, Mahowald (M), as modified, discloses the gas powered water heater of claim 15, but not that the controller comprises a memory storing correspondences between different flame strengths and different lengths of time taken for a transition between the signal representative of no electric current and the signal representative of the steady state electric current, and wherein the controller is programmed to determine the strength of the flame on the main burner by comparison of the determined length of time to the correspondences stored in the memory.
However, Kelly (K) discloses a flame detection system (Abstract) wherein the controller (52, i.e. microprocessor) comprises a memory storing correspondences between different flame strengths and different lengths of time taken for a transition between the signal representative of no electric current and the signal representative of the steady state electric current (Figure 5, C4,L47-51), and wherein the controller is programmed to determine the strength of the flame on the main burner by comparison of the determined length of time to the correspondences stored in the memory (Steps 80-86, Figure 5). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize the time required for the flame to reach steady state to insure that the device is working properly; an excessively long ignition time may result in hazardous conditions for the occupants.
Regarding claim 19, Mahowald (M), as modified, discloses the gas powered water heater of claim 15, but not that the controller comprises a memory, and the controller is programmed to: store, in the memory, an initial length of time taken for a transition between the signal representative of no electric current and the signal representative of the steady state electric current as a maximum flame strength in response to a received input from a user; determine a plurality of lengths of time longer than the initial length of time corresponding to a plurality of flame strength levels less than the maximum flame strength; and determine the strength of the flame on the main burner by comparison of the determined length of time to the correspondences stored in the memory.
However, Kelly (K) discloses a flame detection system (Abstract) wherein the controller (52, i.e. microprocessor) comprises a memory, and the controller is programmed to: store, in the memory, an initial length of time taken for a transition between the signal representative of no electric current and the signal representative of the steady state electric current as a maximum flame strength in response to a received input from a user (Figure 5, C4,L47-51, the input from the user is determined by the thermostat, which is based on input from a user); determine a plurality of lengths of time longer than the initial length of time corresponding to a plurality of flame strength levels less than the maximum flame strength; and determine the strength of the flame on the main burner by comparison of the determined length of time to the correspondences stored in the memory (Steps 80-86, Figure 5). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize the time required for the flame to reach steady state to insure that the device is working properly; an excessively long ignition time may result in hazardous conditions for the occupants.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Branecky et al. (US 10,132,770), claim 5, discloses a relevant flame rod analysis method; noted on PTO-892, Notice of References Cited.
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.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOHN E. BARGERO
Examiner
Art Unit 3762
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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