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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 6-8, 11-13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harrod et al., US Patent Application Publication no. 2020/0214191 [Harrod].
Regarding claim 1, Harrod discloses 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; 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 [heat pump system that includes an outdoor heat exchange unit, an indoor heat exchange unit to provide cooling or heating to a structure, a compressor and an expansion device, in which refrigerant vapor is compressed, undergoes a phase change to a refrigerant liquid, flows through an expansion device, undergoes a phase change to a vapor and returns to the compressor to complete a cycle when in a heating mode, Figures 2 and 3 and paragraphs 0020-0023];
a heater adapted to combust gas to produce a flow of heat [fossil fuel furnace, paragraph 0025]; and
distribution apparatus for, simultaneously:
when the heater is producing, receiving its flow and transferring the received heat to air within the space [the HVAC system includes a blower 56 and air ducts 58 to distribute heated or cooled air through the structure, Figure 1 and paragraphs 0020 and 0025]; and
when the compression expansion mechanism is operating in the heating mode, absorbing heat from the interior portion of the circuit and transferring the absorbed heat to air within the space [the HVAC system includes a blower 56 and air ducts 58 to distribute heated or cooled air form the heat pump through the structure, Figure 1 and paragraphs 0020 and 0025].
Regarding claim 2, Harrod further discloses that the distribution apparatus has: a blower; a return upstream of the blower; and a supply downstream of the blower [the HVAC system includes a blower 56 and air ducts 58 to distribute heated air from the furnace through the structure, Figure 1 and paragraphs 0020 and 0025].
Regarding claim 3, Harrod further disclose that the absorbed heat is transferred in the return and the flow of heat is transferred in the supply [HVAC supply units inherently output heated air to a space through a supply and input heated air though a return].
Regarding claim 4, Harrod further discloses that the interior portion of the circuit includes a coil, the coil being disposed in the return [heat exchanger 52 in Figure 1 and paragraph 0020].
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, Harrod further discloses a controller adapted to perform calculations [thermostat o other control may be used to control and operate the HVAC system, paragraph 0020].
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 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 [only the fossil fuel furnace operates when the external air temperature is below a balance point temperature, paragraph 0025].
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 5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Harrod et al., US Patent Application Publication no. 2020/0214191 [Harrod].
Regarding claim 5, Harrod, as described above, discloses that the heater is a fossil fuel 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 fossil fuel furnace heater to provide the heating functionality in Harrod.
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 aid 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.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Harrod et al., US Patent Application Publication no. 2020/0214191 [Harrod], in view of Luca et al., EP2857760B1 [Luca].
Regarding claims 9 and 10, Harrod discloses determining the cost to operate the heat pump and the furnace in order to select between using the heat pump or the furnace to provide heat to the structure. Harrod does not disclose selecting between using the heat pump or 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 Harrod, Luca discloses a hybrid heating system that includes an electric heat pump and a combustion heater. Luca further discloses selecting between using a heat pump or 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 selecting between using a heat pump or a combustion boiler to provide heating in hybrid heating systems, it would have been obvious to one of ordinary skill in the art to apply the Luca teachings to the 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 selecting between using the heat pump and the furnace [Luca, paragraphs 0005, 0040 and 0053].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lafleur et al., US Patent Application Publication no. 2012/0029725 discloses a hybrid heating system that chooses between operating a heat pump and a gas heater based on the costs to operate.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Lee can be reached at (571) 272-3667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL B YANCHUS III/Primary Examiner, Art Unit 2115 January 9, 2026