DETAILED ACTION
This final office action is in response to amendments filed on 4/27/26.
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 § 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 1-8 and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Naghshineh, US Patent Application Publication no. 2010/0090017, in view of Harrod et al., US Patent Application Publication no. 2020/0214191 [Harrod]1.
Regarding claim 1, Naghshineh discloses a system for use with an occupiable space and a source of operational data, the operational data including electricity cost data, gas cost data, greenhouse gas intensity data associated with electricity production, greenhouse gas intensity data associated with gas production, outdoor temperature and utility load balancing data, the system comprising:
a heat pumping arrangement including a refrigerant-containing circuit including an interior portion within the space and an exterior portion outside of the space [heat pump 14 includes an outdoor unit, an indoor coil 12 to generate heat, and pipes to communicate refrigerant between the outdoor unit and indoor coil, Figure 1 and paragraphs 0115-0016];
a heater adapted to combust gas to produce a flow of heat [non-electric second heat source, such as a gas furnace, paragraphs 0015-0016]; and
distribution apparatus for, simultaneously, when the heater is producing and the heat pump is operating in the heating mode: receiving the flow of heat from the heater and transferring the received heat to air within the space; and absorbing heat from the interior portion of the circuit and transferring the absorbed heat to air within the space [the heat pump and non-electric second heat source operate substantially simultaneously when the non-electric second heat source supplements the heat pump at low outdoor temperatures, paragraphs 0013 and 0015].
Naghshineh does not specifically disclose the components included in the heat pump, but does disclose that the heat pump may include conventional components. Like Naghshineh, Harrod discloses a system that includes a heat pump. Harrod discloses that the heat pump includes a compression-expansion mechanism including a compressor and one or more expansion valves and operable in a heating mode to provide for compression of the refrigerant upstream of the exterior portion and downstream of the interior portion and expansion of the refrigerant downstream of the exterior portion and upstream of the interior portion [paragraphs 0020-0023]. Since it was known in the art before the effective filing date of the claimed inventions to include compression-expansion mechanisms including compressors and one or more expansion valves in heat pumps, it would have been obvious to one of ordinary skill in the art to use a heat pump with a known compression-expansion mechanism as the heat pump in Naghshineh.
Regarding claim 2, Naghshineh further discloses that the distribution apparatus has: a blower, a return upstream of the blower, and a supply downstream of the blower [blower 18, intake opening A, and exhaust opening B in Figure 1 and paragraphs 0014-0015].
Regarding claim 3, Naghshineh further discloses that the absorbed heat is transferred in the return and the flow of heat is transferred in the supply [blower 18, intake opening A, and exhaust opening B in Figure 1 and paragraphs 0014-0015].
Regarding claim 4, Naghshineh further discloses that the interior portion of the circuit includes a coil, the coil being disposed in the return [heat exchange coil 12 in Figure 1 and paragraph 0014].
Regarding claim 5, Naghshineh, as described above, discloses that the heater is a gas furnace, but does not disclose that the heater is a boiler. Examiner takes official notice that fossil fuels boilers were conventionally used as heating devices before the effective filing date of the claimed invention. Accordingly, it would have been obvious to one of ordinary skill in the art to substitute a conventional boiler heater for the gas furnace heater since a conventional boiler heater would also be able to provide the supplemental heating functionality at low outdoor temperatures in Naghshineh and Harrod.
Regarding claim 6, Harrod further discloses that the exterior portion of the circuit and the compression- expansion mechanism form part of a combination device which further includes a fan [outdoor unit may include a fan, paragraph 0020].
Regarding claim 7, Harrod further discloses that the compression-expansion mechanism is further operable in a cooling mode which provides for: expansion of the refrigerant upstream of the exterior portion and downstream of the interior portion; and compression of the refrigerant downstream of the exterior portion and upstream of the interior portion; the distribution apparatus, when the compression-expansion mechanism is operating in the cooling mode, absorbs heat in the return and transfers the absorbed heat to the exterior [a reversing valve is used to control refrigerant flow to cause operation in a heat pump heating mode or a heat pump cooling mode, paragraphs 0021-0023].
Regarding claim 8, Naghshineh further discloses a controller adapted to perform calculations [monitoring temperatures to perform control of the heat pump and heater, paragraphs 0015 and 0018].
Regarding claim 11, Harrod further discloses that the calculations include:
[Cp] a calculation of the cost associated with operation of the heat pumping arrangement; and [Cb] a calculation of the cost associated with the operation of the heater and the controller is adapted to operate the heat pumping arrangement and the heater in an economy mode to minimize [Cp] + [Cb] [determining an economic balance point based on the cost of operating a furnace and the cost of operating a heat pump during a range of external temperature conditions, paragraphs 0031-0035].
Regarding claim 12, Harrod further discloses that the electricity cost data is used in [Cp] [cost of electricity, paragraph 0032].
Regarding claim 13, Harrod further discloses that the controller is adapted to automatically assume, when access to electricity cost data is unavailable, a basic mode wherein, when the outdoor temperature is above a set point, the heat needs of the space are met entirely by the heat pumping arrangement [the system chooses a higher value of an application balance point and an economic balance point, paragraph 0034. One of ordinary skill in the art would realize that an application set point would be chosen in the event that the economic balance point is unavailable].
Regarding claim 14, Harrod does not disclose operating the heat pump in an override mode in response to a utility load balancing event. Examiner takes official notice that HVAC systems before the effective filing date of the claimed invention were conventionally equipped with functionality to respond to utility demand response events that override HVAC operating modes to reduce power consumption for aiding in electric grid load balancing. Accordingly, it would have been obvious to one of ordinary skill in the art to include conventional demand response functionality in the Harrod HVAC system to support electric grid load balancing.
Regarding claim 15, Harrod further discloses that the controller is adapted to automatically assume, when the space has a heat requirement and the heat pump arrangement is not operable in the heating mode, a defrost mode wherein the heat needs of the space are met by the heater [considering conditions that can cause the furnace to operate, paragraph 0025].
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Naghshineh, US Patent Application Publication no. 2010/0090017 and Harrod et al., US Patent Application Publication no. 2020/0214191 [Harrod], in view of Luca et al., EP2857760B1 [Luca]2.
Regarding claims 9 and 10, Naghshineh and Harrod do not disclose controlling the use of the heat pump and the furnace to provide heat to the structure based on green house emissions associated with operating each of the heat pump and the furnace. Like Naghshineh and Harrod, Luca discloses a hybrid heating system that includes an electric heat pump and a combustion heater. Luca further discloses controlling the use of a heat pump and a combustion boiler based on achieving the objective of minimizing CO2 emissions [paragraphs 0005, 0040 and 0053]. Since it was known in the art before the effective filing date of the claimed invention to use minimizing CO2 emissions as criteria for controlling the use of heat pumps and combustion boilers hybrid heating systems, it would have been obvious to one of ordinary skill in the art to apply the Luca teachings to the Naghshineh and Harrod hybrid heating system by implementing a balance point that is based on calculations of CO2 emissions of using the heat pump and the furnace in order to enable a user the flexibility to choose between minimizing CO2 emissions or minimizing costs when controlling the use of the heat pump and the furnace [Luca, paragraphs 0005, 0040 and 0053].
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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 PAUL B YANCHUS III whose telephone number is (571)272-3678. The examiner can normally be reached Monday-Friday 9am-5pm.
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/PAUL B YANCHUS III/Primary Examiner, Art Unit 2115 July 14, 2026
1 Harrod was previously cited.
2 Luca was previously cited.
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