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 .
Claim Objections
Claim 3 uses trademarked terms, which is improper; generic terminology; should be used instead.
Claim Rejections - 35 USC § 103
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.
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 van Kampen (US 4,762,324).
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; determine a length of time taken for the signals representative of the electric current to transition between a signal representative of no electric current and a signal representative of a 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 ([0004]).
However, van Kampen (VK) discloses a flame sensor assembly (Figure 1) including: a probe (2) positioned proximate the main burner (6) 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 (48,49, Figure 32b), and a detector that provides signals representative of the electric current provided through the probe; determine a length of time taken for the signals representative of the electric current to transition between a signal representative of no electric current and a signal representative of a steady state electric current (C1, L27-37), determine, based at least in part on the determined length of time, a strength of the flame on the main burner (4, L10-18, C4, L24-33). 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.
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 Bluetooth® adapter, a Wi-Fi transceiver, a ZigBee® 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 that the flame sensor assembly includes: a probe positioned proximate the main burner to couple an electric current through a flame on the main burner, and a detector that provides signals representative of the electric current provided through the probe; the controller programmed to: determine, based on the signals representative of the electric current, a length of time taken for a transition between a signal representative of no electric current and a signal representative of a steady state electric current, select, based at least in part on the determined length of time, a flame strength level from a plurality of more than three flame strength levels.
However, van Kampen (VK) discloses a flame sensor assembly (Figure 1) including: a probe (2) positioned proximate the main burner (6) 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 (48,49, Figure 32b), and a detector that provides signals representative of the electric current provided through the probe; determine a length of time taken for the signals representative of the electric current to transition between a signal representative of no electric current and a signal representative of a steady state electric current (C1,L27-37), determine, based at least in part on the determined length of time, a strength of the flame on the main burner (4, L10-18, C4, L24-33). 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.
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; determine a length of time taken for the signals representative of the electric current to transition between a signal representative of no electric current and a signal representative of a 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 ([0004]).
However, van Kampen (VK) discloses a flame sensor assembly (Figure 1) including: a probe (2) positioned proximate the main burner (6) 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 (48,49, Figure 32b), and a detector that provides signals representative of the electric current provided through the probe; determine a length of time taken for the signals representative of the electric current to transition between a signal representative of no electric current and a signal representative of a steady state electric current (C1, L27-37), determine, based at least in part on the determined length of time, a strength of the flame on the main burner (4, L10-18, C4, L24-33). 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.
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), van Kampen (US 4,762,324), 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
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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/JOHN E BARGERO/Examiner, Art Unit 3762
/STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762