Prosecution Insights
Last updated: July 17, 2026
Application No. 18/310,713

THERMOSTAT CONTROLLED SWITCHING FOR ELECTRIC UNIT HEATERS

Non-Final OA §103
Filed
May 02, 2023
Examiner
OMAR, AHMED H
Art Unit
2859
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Modine Manufacturing Company
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
816 granted / 1085 resolved
+7.2% vs TC avg
Moderate +14% lift
Without
With
+14.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
34 currently pending
Career history
1119
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
88.9%
+48.9% vs TC avg
§102
6.0%
-34.0% vs TC avg
§112
0.6%
-39.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1085 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 . Claim Objections Claim 23 is objected to because of the following informalities: the claim recites the limitation “The method of claim 16, the method comprising…” Claim 16 is however directed to a thermostat “apparatus”. Claim 23 also does not further limit claim 16 as it recites similar limitations to those in claim 16. The examiner interpreted claim 23 to depend from independent claim 17 directed to a method. Appropriate correction is required. 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. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1, 3-6, 8, 10-15, 17, 19-22, 24 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over REUSCHE et al. (US 2007/0006603 A1, hereinafter REUSCHE) in view of RASTEGAR (US 2022/0080848 A1, hereinafter RASTEGAR). PNG media_image1.png 452 508 media_image1.png Greyscale PNG media_image2.png 328 312 media_image2.png Greyscale Regarding claims 1, 17 and 24 (claim 1 is considered representative for limitation matching purposes), REUSCHE discloses a controlled power outlet comprising: a thermostat (See Fig.1, Item#100, discloses a thermostat) including a temperature sensor configured to sense a temperature of a surrounding environment (See Fig.1, Item#150 and Par.28, disclose a temperature sensor); a first electrical outlet (See Fig.1, Item#120); a second electrical outlet (See Fig.2A, discloses a first outlet and a second outlet 220); a first circuit in communication with the first electrical outlet (See Fig.1, discloses each outlet 120, connected to a control unit 140, a switch 130 and an indicator 160); a second circuit in communication with the second electrical outlet (See Fig.2A, discloses a second outlet 220 controlled by a second circuit similar to that disclosed in Fig.1. Pars.57 and 64, disclose that each outlet may be controlled separately to respond to different temperature ranges which indicates the use of different switches in order to switch each outlet on or off according to the different temperature ranges); an electronic controller in communication with the temperature sensor, the first circuit, and the second circuit (See Fig.1, Item#140, and Pars.37, 57 and 64, disclose a control unit in communication with the switches of each outlet to control them according to the set temperature range to be switched on or off), the electronic controller configured to: receive, via the temperature sensor, a signal (See Fig.1, discloses the control unit 140 receives a signal from the temperature sensor 150); determine, based on the signal, a temperature value (See Par.57, discloses the control unit 140 controls the outlet based on the signal from the temperature sensor 150); determine whether the temperature value is greater than a temperature threshold (See Par.57, discloses detecting when the temperature is exceeds a set point); in response to determining that the temperature value is greater than the temperature threshold: supply power to the first circuit (See Par.57, discloses activating or deactivating an outlet by controlling the corresponding switch to activate/deactivate when the temperature exceeds a set temperature); control the first circuit to supply a charging current via the first electrical outlet (See Fig.1 and Par.57, disclose the control unit 140 activates/deactivates the switch 130 based on exceeding the preset temperature); in response to determining that the temperature value is less than the temperature threshold (See Par.57, discloses detecting when the temperature falls below a set point): supply power to the second circuit (See Par.57-58 and 64, disclose activating/deactivating the switch to the second outlet 220 of Fig.2A when the detected temperature falls below the set-point temperature); and control the second circuit to supply power to the second electrical outlet (See Fig.1 and Par.57, disclose the control unit 140 activates/deactivates the switch 130 based falling below the preset temperature). However, REUSCHE does not disclose an electric heater configured to heat the space, a first circuit to supply a charging current to an electric vehicle via the first electrical outlet and a second circuit to supply power to the electric heater via the second electrical outlet. RASTEGAR discloses a system for charging an electric vehicle, comprising a battery conditioning circuit for elevating the temperature of a vehicle battery (See Fig.3, Items#22 and Par.8, 11 and 37, disclose conditioning circuit for providing heat to the vehicle battery when the battery temperature is below a preset temperature and activating vehicle charging after the temperature is reached), a first circuit to supply a charging current to an electric vehicle via the first electrical outlet (See Fig.1, Item#6, discloses an outlet for charging a vehicle battery) and a second circuit to supply power to the electric heater (See Fig.3, discloses the conditioning circuit receiving power and providing heat to the vehicle battery). Even though, RASTEGAR discloses the conditioning circuit is used to increase the temperature of the battery by heating the battery core (Par.17) and not by increasing the ambient temperature, the examiner explains that RASTEGAR aims to increase the temperature of the battery such that it can be charged efficiently and that one of ordinary skill in the art would recognize the benefit of modifying he teachings of REUSCHE with RASTEGAR by using the controlled power outlet to power an existing electric heater to heat a space where a vehicle is located until a temperature sufficient for efficient charging is reached then activating an outlet connected to a vehicle charger. REUSCHE and RASTEGAR are analogous art since they both deal with power supply devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention REUSCHE with the teachings of RASTEGAR by using the disclosed controlled power outlet to heat a vehicle environment when the temperature is below a preset temperature using an existing electric heater and activating the vehicle charging once the temperature exceeds a preset temperature by connecting the heater to a first outlet and the vehicle charging connector to the second outlet for the benefit of improving the vehicle charging efficiency using existing user equipment instead of retrofitting a vehicle with a battery heating circuit while also improving the environment for a user in the parking and charging space. (See RASTEGAR Par.11). Regarding claim 8, REUSCHE discloses a thermostat comprising: a temperature sensor configured to sense a temperature of a surrounding environment (See Fig.1, Item#150 and Par.28, disclose a temperature sensor. Par.75, discloses the detected temperature may be air temperature i.e. ambient temperature); a first electrical outlet (See Fig.1, Item#120); a second electrical outlet (See Fig.2A, discloses a first outlet and a second outlet 220); a first circuit in communication with the first electrical outlet (See Fig.1, discloses each outlet 120, connected to a control unit 140, a switch 130 and an indicator 160); a second circuit in communication with the second electrical outlet; an electronic controller in communication with the temperature sensor, the first circuit, and the second circuit (See Fig.1, Item#140, and Pars.37, 57 and 64, disclose a control unit in communication with the switches of each outlet to control them according to the set temperature range to be switched on or off), the electronic controller configured to: receive, via the temperature sensor, a signal (See Fig.1, discloses the control unit 140 receives a signal from the temperature sensor 150); determine, based on the signal, a temperature value (See Par.57, discloses the control unit 140 controls the outlet based on the signal from the temperature sensor 150); determine whether the temperature value is greater than a temperature threshold (See Par.57, discloses detecting when the temperature is exceeds a set point); in response to determining that the temperature value is greater than the temperature threshold: supply power to the first circuit (See Par.57, discloses activating or deactivating an outlet by controlling the corresponding switch to activate/deactivate when the temperature exceeds a set temperature); control the first circuit to supply a charging current to the first electrical outlet (See Fig.1 and Par.57, disclose the control unit 140 activates/deactivates the switch 130 based on exceeding the preset temperature); in response to determining that the temperature value is less than the temperature threshold (See Par.57, discloses detecting when the temperature falls below a set point): supply power to the second circuit (See Par.57-58 and 64, disclose activating/deactivating the switch to the second outlet 220 of Fig.2A when the detected temperature falls below the set-point temperature); and control the second circuit to supply power to the second electrical outlet (See Fig.1 and Par.57, disclose the control unit 140 activates/deactivates the switch 130 based falling below the preset temperature). However, REUSCHE does not disclose the first electrical outlet is configured to connect to an electric vehicle and the second outlet is configured to connect to an electric heater. RASTEGAR discloses a system for charging an electric vehicle, comprising a battery conditioning circuit for elevating the temperature of a vehicle battery (See Fig.3, Items#22 and Par.8, 11 and 37, disclose conditioning circuit for providing heat to the vehicle battery when the battery temperature is below a preset temperature and activating vehicle charging after the temperature is reached), a first circuit to supply a charging current to an electric vehicle via the first electrical outlet (See Fig.1, Item#6, discloses an outlet for charging a vehicle battery) and a second circuit to supply power to the electric heater (See Fig.3, discloses the conditioning circuit receiving power and providing heat to the vehicle battery). Even though, RASTEGAR discloses the conditioning circuit is used to increase the temperature of the battery by heating the battery core (Par.17) and not by increasing the ambient temperature, the examiner explains that RASTEGAR aims to increase the temperature of the battery such that it can be charged efficiently and that one of ordinary skill in the art would recognize the benefit of modifying he teachings of REUSCHE with RASTEGAR by using the controlled power outlet to power an existing electric heater to heat a space where a vehicle is located until a temperature sufficient for efficient charging is reached then activating an outlet connected to a vehicle charger. REUSCHE and RASTEGAR are analogous art since they both deal with power supply devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention REUSCHE with the teachings of RASTEGAR by using the disclosed controlled power outlet to heat a vehicle environment when the temperature is below a preset temperature using an existing electric heater and activating the vehicle charging once the temperature exceeds a preset temperature by connecting the heater to a first outlet and the vehicle charging connector to the second outlet for the benefit of improving the vehicle charging efficiency using existing user equipment instead of retrofitting a vehicle with a battery heating circuit while also improving the environment for a user in the parking and charging space. (See RASTEGAR Par.11). Regarding claims 4, 11 and 20 (claim 4 is considered representative for limitation matching purposes), REUSCHE and RASTEGAR disclose the system of claim 1 as discussed above, wherein the thermostat further includes: a plug in communication with a power source, the plug configured to receive operational power from the power source (See REUSCHE, Fig.2B, Item#210, discloses a plug which connects to an outlet to receive power. Fig.3 discloses another embodiment of the invention with a plug 310 for receiving power from the power source). Regarding claims 5 and 12 (claim 5 is considered representative for limitation matching purposes), REUSCHE and RASTEGAR disclose the system of claim 1 as discussed above, wherein the thermostat further includes: a display configured to provide an indication of the temperature value (See REUSCHE, Pars.56 and 58, discloses a display which displays the temperature set points); and a user interface configured to receive a plurality of user inputs (See REUSCHE, Fig.2A, Item#272 and 273 and Par.56, disclose an increment/decrement rocker and a select button for receiving user preset temperature inputs). Regarding claims 6 and 13 (claim 6 is considered representative for limitation matching purposes), REUSCHE and RASTEGAR disclose the system of claim 5, wherein the electronic controller is configured to: receive a first user input via the user interface; and determine the temperature threshold based on the first user input (See REUSCHE, Fig.2A, Item#272 and 273 and Par.56, disclose an increment/decrement rocker and a select button for receiving user preset temperature inputs. The preset temperature threshold is determined based on the temperature input). Regarding claims 14 and 21 (claim 14 is considered representative for limitation matching purposes), REUSCHE and RASTEGAR disclose the thermostat of claim 8 as discussed above, However, REUSCHE and RASTEGAR as applied to claim 8 do not disclose wherein the first electric outlet connects to the electric vehicle via a first cord. RASTEGAR further discloses wherein the first electric outlet connects to the electric vehicle via a first cord (See RASTEGAR, Fig.1, Items#5and Par.33, discloses a cable connecting the power source to the vehicle for charging). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention disclosed by REUSCHE and RASTEGAR as applied to claim 14 with the teachings of RASTEGAR by using a cable for charging the electric vehicle for the benefit of connecting the power outlet to a vehicle within a distance from the power outlet. Regarding claims 15 and 22 (claim 15 is considered representative for limitation matching purposes), REUSCHE and RASTEGAR disclose the thermostat of claim 14 as discussed above, However, REUSCHE and RASTEGAR do not explicitly disclose wherein the second electrical outlet connects to the electric heater via a second cord, the second cord different than the first cord. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention disclosed by REUSCHE and RASTEGAR by attaching the heater via a second cord to the second electric outlet for the benefit of providing power to a heater placed at a distance from the outlet to heat the space. Regarding claims 3, 10, 19 and 26 (claim 3 is considered representative for limitation matching purposes), REUSCHE and RASTEGAR disclose the system of claim 1 as discussed above, wherein the electronic controller is configured to: determine a runtime of the electric heater; determine whether the runtime of the electric heater is greater than a runtime threshold; and stop supplying power to the second circuit in response to determining that the runtime is greater than the runtime threshold (See Par.73, discloses the outlet is activated for a period of time. This is interpreted to mean that a timer is started when the outlet is active, when the timer matches a threshold time, the outlet is switched off. REUSCHE as modified by RASTEGAR activates a heater for a predetermined period of time necessary for heating the battery environment). Claim(s) 2, 9, 18 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over REUSCHE in view of RASTEGAR and in further view of SUZUKI (US 2020/0207231 A1, hereinafter SUZUKI). Regarding claims 2, 9, 18 and 25 (claim 2 is considered representative for limitation matching purposes), REUSCHE and RASTEGAR disclose the system of claim 1 as discussed above, However, REUSCHE and RASTEGAR do not disclose wherein the electronic controller is configured to: determine whether the electric vehicle is charged; and stop supplying power to the first circuit in response to determining that the electric vehicle is charged. SUZUKI discloses a vehicle charge controller wherein the vehicle charge controller is configured to: determine whether the electric vehicle is charged; and stop supplying power to the first circuit in response to determining that the electric vehicle is charged (See Fig.3, Steps#S106-S108 and Par.30, disclose detecting when charging current drops below a threshold -i.e. charge stop current- for a period of time longer than a threshold period. This is an indication of a full charged vehicle. When the determination is in the affirmative (fully charged), charging is stopped at step S108). REUSCHE, RASTEGAR and SUZUKI are analogous art since they all deal with power supplies. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention disclosed by REUSCHE and RASTEGAR with the teachings of SUZUKI by determining whether the electric vehicle is charged and stop supplying power to the first circuit in response to determining that the electric vehicle is charged for the benefit of preventing overcharging of the vehicle battery by ending charging when the vehicle battery is fully charged. Claim(s) 7, 16, 23 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over REUSCHE in view of RASTEGAR and in further view of GARCIA SOSA (US 2015/0002302 A1, hereinafter GARCIA). Regarding claims 7, 16, 23 and 28 (claim 7 is considered representative for limitation matching purposes), REUSCHE and RASTEGAR disclose the system of claim 1 as discussed above, However, REUSCHE and RASTEGAR do not disclose wherein the thermostat further includes: a current sensor configured to sense a current of the first circuit; and wherein the electronic controller is further configured to receive, via the current sensor, a signal indicative of the current; determine, based on the signal, a current drawn by the first circuit; determine whether the current drawn is less than a current threshold; and in response to determining that the current drawn is less than the current threshold, supply power to the first circuit and the second circuit. GARCIA discloses a current supply device comprising a plurality of outlets (See Fig.2, discloses a current supply device 21 comprising a main output 25 and secondary outputs 26), the current supply device includes: a current sensor configured to sense a current of the first circuit (See Fig.2 and Fig.40, discloses a control system with consumption detector 24 which detects consumption in the main output 25); and wherein the electronic controller is further configured to receive, via the current sensor, a signal indicative of the current (See Fig.2 and Par.40, disclose the control system controls the secondary outlets based on detected consumption of the main outlet 25); determine, based on the signal, a current drawn by the first circuit (See Fig.2 and Par.40, disclose the control system controls the secondary outlets based on detected consumption of the main outlet 25 being less than a threshold); determine whether the current drawn is less than a current threshold (See Par.40, discloses determining if consumption at the main outlet 25 is less than a threshold); and in response to determining that the current drawn is less than the current threshold, supply power to the first circuit and the second circuit (See Par.40, discloses when consumption in the main outlet is less than the threshold, current is also allowed to pass through to secondary outputs 26). REUSCHE, RASTEGAR and GARCIA are analogous art since they all deal with power supplies. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention disclosed by REUSCHE and RASTEGAR with the teachings of GARCIA by adding the control system with consumption detector such that secondary outlets are activated when the consumption through the main outlet is less than a threshold for the benefit of ensuring that the power source is not overloaded and power is not taken away from a higher priority main outlet unless the consumption is below a threshold. Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over REUSCHE in view of RASTEGAR and in further view of RANERI et al. (US 10,355,482 B2, hereinafter RANERI). Regarding claim 27, REUSCHE and RASTEGAR disclose the system of claim 24 as discussed above, However, REUSCHE and RASTEGAR do not disclose wherein the thermostat is directly wired to a power source within the space, the thermostat configured to receive operational power from the power source. RANERI discloses a controlled electrical outlet based on temperature sensors, the controllable electrical outlet is directly wired to a power source within the space, the electrical outlet is configured to receive operational power from the power source (See Figs.3A-3C, discloses the controllable electrical outlet 300 and 320 in Figs.3A and 3B are hard-wired to the wall and mounted to a standard electrical outlet, while Fig.3C, discloses the electrical outlet 350 may be plugged into a wall outlet). REUSCHE, RASTEGAR and RANERI are analogous art since they all deal with controllable power supplies. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention disclosed by REUSCHE and RASTEGAR with the teachings of RANERI by hard wiring the thermostat controllable electrical outlet to the wall for the benefit of providing a built in thermally controlled outlet without the need to plug in an additional separate outlet to achieve the function. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED H OMAR whose telephone number is (571)270-7165. The examiner can normally be reached 10:00 am -7:00 PM EST. 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, Drew Dunn can be reached at 571-272-2312. 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. /AHMED H OMAR/ Primary Examiner, Art Unit 2859
Read full office action

Prosecution Timeline

May 02, 2023
Application Filed
Apr 08, 2026
Non-Final Rejection mailed — §103
Jul 07, 2026
Response Filed

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
90%
With Interview (+14.4%)
2y 7m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1085 resolved cases by this examiner. Grant probability derived from career allowance rate.

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