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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 does not includes a transitional phrase, therefore it is unclear if the scope of the claim is open or closed [see MPEP 2111.03]. For the purposes of examination, the scope of the claim is interpreted to be open (e.g. “comprising”).
Claims 16-20 are rejected on the basis of their dependency on claim 15.
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.
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) 1-4 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mullin et. al (US 2018/0087775 A1) in view of Jaeschke (US 2004/0043345 A1).
With respect to claim 1 Mullin discloses a furnace system comprising: one or more processors [reference character 510 in controller 118]; and memory [reference character 520] storing computer-executable instructions that, when executed by the one or more processors, cause the one or more processors to: receive, from an inducer sensor1 [reference character 120], first data [the pressure at 230 in Fig. 2] at a first time and second data [the pressure at 220 in Fig. 2] at a second time; determine that a first difference between the first data and the second data is less than or equal to a threshold value [reference character 640]; cause a motor speed of an inducer blower in the furnace system to adjust from a first speed to a second speed [reference characters 650-660].
Mullin does not disclose receiving, from the inducer sensor, third data; determine that a second difference between the third data and the first data or the second data is less than or equal to the threshold value; and cause the furnace system to pause operation.
Jaeschke discloses an inducer blower control system for a furnace which includes pressure transducers at the air inlet [location 64 in reference character 40] and at the inlet to the inducer blower [location 66 in reference character 34]. Jaeschke further discloses that if the differential pressure [measured by reference character 62] across the burner box [reference character 12] (between 64 and 66) is less than or equal to the threshold value; the furnace system pauses operation [see steps 406, 408, and 410 in Fig. 7A].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the furnace system taught by Mullin by including an algorithm to terminate furnace operation if the differential pressure produced by the inducer blower across the burner box is insufficient, as taught by Jaeschke, in order to prevent the buildup of hazardous combustion products/unburnt fuel and air in the burner box. Annotated Fig. 2 of Mullin is provided below to describe the location of the first, second, and third data sources, and the shared location of the second data source between Mullin and Jaeschke. In the combination the claimed second difference is provided between the third data and the second data, where the second data location is shared between Mullin and Jaeschke.
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With respect to claim 2 the combination of Mullin discloses that the computer-executable instructions cause the one or more processors to: receive, from the inducer sensor, fourth data; determine that a third difference between the fourth data and the first data or the second data is less than or equal to the threshold value; and cause the motor speed to adjust from the second speed to the first speed [see paragraph 0034 of Mullin, where the motor speed set point is updated on a periodic basis, therefore the subsequent pressure measurements are interpreted as the fourth data].
With respect to claim 3 Mullin and Jaeschke discloses that the inducer sensor is a pressure transducer, wherein the first data, second data, and third data include pressure generated by the inducer blower [reference character 120 in Fig. 2 of Mullin and reference character 62 of Jaeschke are pressure transducers].
With respect to claim 4 Mullin and Jaeschke discloses that determining that the second difference between the third data and the first data or the second data is less than or equal to the threshold value is further based on a predetermined amount of time [reference character 408 of Jaeschke] having elapsed since causing the motor speed to adjust from the first speed to the second speed.
With respect to claim 7 Mullin does not explicitly disclose that the second speed is greater than the first speed and less than a threshold motor speed. However, a person having ordinary skill in the art would recognize that the algorithm described by paragraph 0035 and Fig. 6 of Mullin would raise of lower the blower speed on the basis of the measured differential pressure to ensure the proper amount of airflow through the burner. Furthermore, every motor has a maximum rated speed, this is interpreted to be the threshold motor speed.
Claim(s) 8-11 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mullin et. al (US 2018/0087775 A1) in view of Jaeschke (US 2004/0043345 A1).
With respect to claim 8 Mullin discloses a method comprising: receiving, from an inducer sensor2 [reference character 120] of a furnace system, first data [the pressure at 230 in Fig. 2] at a first time and second data [the pressure at 220 in Fig. 2] at a second time; determining that a first difference between the first data and the second data is less than or equal to a threshold value [reference character 640]; causing a motor speed of an inducer blower in the furnace system to adjust from a first speed to a second speed [reference characters 650-660].
Mullin does not disclose receiving, from the inducer sensor, third data; determining that a second difference between the third data and the first data or the second data is less than or equal to the threshold value; and causing the furnace system to pause operation.
Jaeschke discloses an inducer blower control system for a furnace which includes pressure transducers at the air inlet [location 64 in reference character 40] and at the inlet to the inducer blower [location 66 in reference character 34]. Jaeschke further discloses that if the differential pressure [measured by reference character 62] across the burner box [reference character 12] (between 64 and 66) is less than or equal to the threshold value; the furnace system pauses operation [see steps 406, 408, and 410 in Fig. 7A].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the furnace system taught by Mullin by including an algorithm to terminate furnace operation if the differential pressure produced by the inducer blower across the burner box is insufficient, as taught by Jaeschke, in order to prevent the buildup of hazardous combustion products/unburnt fuel and air in the burner box. Annotated Fig. 2 of Mullin is provided below to describe the location of the first, second, and third data sources, and the shared location of the second data source between Mullin and Jaeschke. In the combination the claimed second difference is provided between the third data and the second data, where the second data location is shared between Mullin and Jaeschke.
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With respect to claim 9 Mullin discloses receiving, from the inducer sensor, fourth data; determining that a third difference between the fourth data and the first data or the second data is less than or equal to the threshold value; and sending, based on the third difference being less than or equal to the threshold value, an indication to adjust the motor speed of the inducer blower back to the first speed [see paragraph 0034 of Mullin, where the motor speed set point is updated on a periodic basis, therefore the subsequent pressure measurements are interpreted as the fourth data].
With respect to claim 10 Mullin and Jaeschke discloses that the inducer sensor is a pressure transducer, wherein the first data, second data, and third data include pressure generated by the inducer blower [reference character 120 in Fig. 2 of Mullin and reference character 62 of Jaeschke are pressure transducers].
With respect to claim 11 Mullin and Jaeschke discloses that determining that the second difference between the third data and the first data or the second data is less than or equal to the threshold value is further based on a predetermined amount of time [reference character 408 of Jaeschke] having elapsed since causing the motor speed to adjust from the first speed to the second speed.
With respect to claim 14 Mullin does not explicitly disclose that the second speed is greater than the first speed and less than a threshold motor speed. However, a person having ordinary skill in the art would recognize that the algorithm described by paragraph 0035 and Fig. 6 of Mullin would raise of lower the blower speed on the basis of the measured differential pressure to ensure the proper amount of airflow through the burner. Furthermore, every motor has a maximum rated speed, this is interpreted to be the threshold motor speed.
Claim(s) 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mullin et. al (US 2018/0087775 A1) in view of Jaeschke (US 2004/0043345 A1).
With respect to claim 15 Mullin discloses a non-transitory computer-readable medium storing computer-executable instructions [reference character 118 with memory 520], that when executed by one or more processors [reference character 510], cause the one or more processors to: receive, from an inducer sensor3 [reference character 120] of a furnace system, first data [the pressure at 230 in Fig. 2] at a first time and second data [the pressure at 220 in Fig. 2] at a second time; determining that a first difference between the first data and the second data is less than or equal to a threshold value [reference character 640]; causing a motor speed of an inducer blower in the furnace system to adjust from a first speed to a second speed [reference characters 650-660].
Mullin does not disclose receiving, from the inducer sensor, third data; determining that a second difference between the third data and the first data or the second data is less than or equal to the threshold value; and causing the furnace system to pause operation.
Jaeschke discloses an inducer blower control system for a furnace which includes pressure transducers at the air inlet [location 64 in reference character 40] and at the inlet to the inducer blower [location 66 in reference character 34]. Jaeschke further discloses that if the differential pressure [measured by reference character 62] across the burner box [reference character 12] (between 64 and 66) is less than or equal to the threshold value; the furnace system pauses operation [see steps 406, 408, and 410 in Fig. 7A].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the furnace system taught by Mullin by including an algorithm to terminate furnace operation if the differential pressure produced by the inducer blower across the burner box is insufficient, as taught by Jaeschke, in order to prevent the buildup of hazardous combustion products/unburnt fuel and air in the burner box. Annotated Fig. 2 of Mullin is provided below to describe the location of the first, second, and third data sources, and the shared location of the second data source between Mullin and Jaeschke. In the combination the claimed second difference is provided between the third data and the second data, where the second data location is shared between Mullin and Jaeschke.
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With respect to claim 16 Mullin discloses receiving, from the inducer sensor, fourth data; determining that a third difference between the fourth data and the first data or the second data is less than or equal to the threshold value; and sending, based on the third difference being less than or equal to the threshold value, an indication to adjust the motor speed of the inducer blower back to the first speed [see paragraph 0034 of Mullin, where the motor speed set point is updated on a periodic basis, therefore the subsequent pressure measurements are interpreted as the fourth data].
With respect to claim 17 Mullin and Jaeschke discloses that the inducer sensor is a pressure transducer, wherein the first data, second data, and third data include pressure generated by the inducer blower [reference character 120 in Fig. 2 of Mullin and reference character 62 of Jaeschke are pressure transducers].
With respect to claim 18 Mullin and Jaeschke discloses that determining that the second difference between the third data and the first data or the second data is less than or equal to the threshold value is further based on a predetermined amount of time [reference character 408 of Jaeschke] having elapsed since causing the motor speed to adjust from the first speed to the second speed.
Claim(s) 5, 12, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mullin et. al (US 2018/0087775 A1) in view of Jaeschke (US 2004/0043345 A1) in view of Fildes et. al (US 2010/0280665 A1).
With respect to claims 5, 12, and 19 the combination of Mullin and Jaeschke do not disclose that the computer-executable instructions further cause the one or more processors to: send, to a user device, a notification of a first sensor failure.
Fildes discloses a sensor and boiler control system that includes a user interface (interpreted as a user device) [reference character 260] which includes “…a sensor alarm 470 (e.g., sensor or system failure imminent, sensor maintenance required) may be issued” [paragraph 0067].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the system taught by the combination of Mullin and Jaeschke by including a system for indicating sensor failure, as taught by Fildes, in order to allow a user to preemptively replace sensors as needed.
Allowable Subject Matter
Claims 6 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIVEK K SHIRSAT whose telephone number is (571)272-3722. The examiner can normally be reached M-F 9:00AM-5:20AM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven B 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.
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/VIVEK K SHIRSAT/ Primary Examiner, Art Unit 3762
1 Paragraph 0020 of the applicant’s PgPub states that “the inducer sensor may specifically be a pressure transducer that may be used to measure the pressure within the furnace”.
2 See footnote 1.
3 See footnote 1.