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 .
DETAILED ACTION
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, 13, and 15 of U.S. Patent No. 11906174. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 and 5 of the 174 application reads on claim 1 of the present application although the claim of the present application is broader. Likewise claims 13 and 15 of the 174 application read on claim 12 of the present application although the claim of the present application is broader.
Allowable Subject Matter
Claims 2-11 and 13-20 are allowed.
The prior art does not provide a reasonable combination to teach “determine, based on monitoring data received from the first load identification sensor and a fingerprint, that the first load is switched on in association with a demand for the hot water, wherein the fingerprint is based on a pressure pattern associated with a hot water use event of the first load, determine a first load set point temperature associated with the first load” in combination with the rest of claim 1 and “determining an occurrence of the event associated with the first load based on identifying a fingerprint associated with the event in the monitoring data, wherein the fingerprint is based on a pressure pattern associated with a hot water use event of the first load, determining a first load set point temperature associated with the first load” in combination with claim 12.
U.S. PGPUB 20090287355 teaches identifying loads based on sensors but does not teach identifying loads, or individual usages points, with regards to pressure patterns nor does it teach a mixing valve.
U.S. PGPUB 20180163993 also does not teach identifying loads with regards to pressure patterns.
U.S. PGPUB 20170122575 teaches monitoring water pressure and predictive storing of water pressure data but does not teach the identification of particular loads based on pressure nor setting a temperature setpoint based on the pressure data.
U.S. PGPUB 20140131462 teaches predictive usage but does not do so with pressure measurements, does not identify loads based on pressure measurements, and does not set a temperature based on these measurements.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN S ANDERSON II whose telephone number is (571)272-2055. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hoang can be reached at 574-272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN S ANDERSON II/Primary Examiner, Art Unit 3762
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