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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/15/2026 has been entered.
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.
Claim(s) 1 and 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kojima (US 2016/0334115 A1).
In regards to claim 1, Kojima teaches a system for conditioning air in a conditioned environment inside a structure (see air conditioning system 1 inside a residence 100, see fig. 1 and paragraph 45) with an outdoor environment outside the structure being non-conditioned (outside of the house 100, see fig. 1), comprising: a heat pump (see air conditioning cycle with outdoor unit 2, fig. 2), including: an indoor heat exchanger (heat exchanger HX 42) located in or in communication with the conditioned environment (HX 42 in communication with indoor space through circulation of indoor air F3, see fig. 2 and paragraph 64);
an outdoor heat exchanger (heat exchanger HX 23) located in or in communication with the outdoor environment (HX 23 within outdoor unit 2, see figs. 1-2), wherein the outdoor heat exchanger is in fluid communication with the indoor heat exchanger via a refrigerant circuit (HX 23 part of the refrigerant circuit 20, 60, see fig. 2); a fueled heater (furnace heat exchanger 55 heated by combustion gas at section 54, see paragraph 54 and fig. 2); and
a controller (controllers 28, 38), configured to, when the system is operating in a hybrid heating mode (heating of indoor air by heat exchangers 42 and 55, see fig. 2 and paragraph 54, 56), activate both of the heat pump (heat indoor air by heat exchanger 42, see paragraph 56) and the fueled heater (air heated by heat exchanger 55, see paragraph 54 and 69) based on air rise temperature (delta Tr, see paragraph 70),
wherein the air rise temperature comprises a temperature difference between air entering the indoor heat exchanger (as measured by temperature sensor 34, see fig. 2) and air exiting the indoor heat exchanger (as measured by temperature sensor 33, see fig. 2) as determined by at least one sensor (see temperature difference being between indoor air temperature Tr, which is a temperature measured, by sensor 34, of air before indoor heat exchanger 42 and air temperature Trd, which is a temperature measured, by sensor 33, of air after and heated by heat exchanger 42, paragraphs 93-94, 47 and fig. 2, 10, 12, 14).
In regards to claim 2, Kojima teaches the limitations of claim 1 and further discloses that the indoor heat exchanger (HX 42) and the fueled heater (HX 55) are located in a shared cabinet (housing 30) that is ducted into an airflow path of the conditioned environment (airflow path from inlet 32 via duct 9 and through outlet 31, see fig. 2 and paragraph 47).
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, 6, 9-15 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrod et al. (US 2005/0234597 A1) and in view of Kojima (US 2016/0334115 A1).
In regards to claim 1, Harrod teaches a system for conditioning air in a conditioned environment inside a structure (see enclosed structure and conditioned supply air duct 120, see paragraphs 24 and 41 and fig. 1) with an outdoor environment outside the structure being non-conditioned (HVAC system 100, fig. 1 with supply duct 120 for supplying conditioned air to the interior conditioned space, see paragraphs 24 and 41), comprising: a heat pump (at least compressor 102, refrigerant loop, and heat exchanger 112, see fig. 1), including: an indoor heat exchanger (heat exchanger HX 112) located in or in communication with the conditioned environment (HX 112 in communication with interior space via duct 120, see fig. 1); an outdoor heat exchanger (heat exchanger HX 106) located in or in communication with the outdoor environment (HX 106 in communication with outdoor ambient environment via fan 110, see fig. 1 and paragraph 25), wherein the outdoor heat exchanger is in fluid communication with the indoor heat exchanger via a refrigerant circuit (HX 106 and HX 112 in fluid communication with each other via refrigerant circuit/loop and valve 116, see fig. 1); a fueled heater (fuel heater 124, see paragraph 17); and a controller (controller 150), configured to, when the system is operating in a hybrid heating mode (heating demand, see paragraph 23), activate both of the heat pump and the fueled heater at a given time (compressor and heater 124 started for heating demand, see paragraphs 23, 29) based on an air rise temperature measured by at least one sensor (heating mode activated based on measured temperature, see paragraph 23, where indoor temperature is measured by second sensor, see paragraph 7; heater 124 is also activated to raise temperature of the supply/indoor air, paragraph 26; Also see compressor and heater activation based on difference between supply airflow temperature and desired inside temperature, paragraphs 30-31).
However, Harrod does not explicitly teach a temperature difference between air entering the indoor heat exchanger and air exiting the indoor heat exchanger determined by at least one sensor.
Kojima teaches a system for conditioning air in a conditioned environment inside a structure (see air conditioning system 1 inside a residence 100, see fig. 1 and paragraph 45) with an outdoor environment outside the structure being non-conditioned (outside of the house 100, see fig. 1), comprising: a heat pump (see air conditioning cycle with outdoor unit 2, fig. 2), including: an indoor heat exchanger (heat exchanger HX 42) located in or in communication with the conditioned environment (HX 42 in communication with indoor space through circulation of indoor air F3, see fig. 2 and paragraph 64); and a controller (controllers 28, 38), configured to, when the system is operating in a heating mode (heating mode, see fig. 2), activate fueled heater (by opening fuel gas valve 51, see paragraph 70) based on air rise temperature or temperature difference (delta Tr, see paragraph 70), wherein the air rise temperature comprises a temperature difference between air entering the indoor heat exchanger (as measured by temperature sensor 34, see fig. 2) and air exiting the indoor heat exchanger (as measured by temperature sensor 33, see fig. 2) as determined by at least one sensor (see temperature difference being between indoor air temperature Tr, which is a temperature measured, by sensor 34, of air before indoor heat exchanger 42 and air temperature Trd, which is a temperature measured, by sensor 33, of air after and heated by heat exchanger 42, paragraphs 93-94, 47 and fig. 2, 10, 12, 14).
It would have been obvious for one of skill in the art before the effective filing date of the claimed invention to have reprogrammed the controller of the air conditioning system of Harrod to operate the system in the heating mode based on air rise temperature, wherein the air rise temperature comprises a temperature difference between air entering the indoor heat exchanger and air exiting the indoor heat exchanger as determined by at least one sensor based on the teachings of Kojima for the advantage of determining the air warming capability of the airflow through the indoor air supply duct and control the operation of the heat pump to adjust the amount of airflow and the air warming capability of the indoor airflow to attain a comfortable indoor environment for the occupants (see paragraphs 93-94, Kojima).
In regards to claim 6, Harrod as modified teaches the limitations of claim 1 and further discloses that the controller (control panel 150) activates both of the heat pump and the fueled heater at the given time (operating both heat pump heater and auxiliary heater, see paragraphs 17 and 2-3), the fueled heater and the heat pump each operate at between 0% and 100% of respective rated outputs (activating both heat pump and auxiliary heaters 124 at any level implies operating between 0% and 100% capacity, see paragraphs 17).
In regards to claim 9, Harrod as modified teaches the limitations of claim 1 and further discloses that the controller (control panel 150) is configured to adjust a triggering threshold of the air rise temperature to trigger operating both the fueled heater and the heat pump at the given time (both heat pump heater and auxiliary heaters activated due to higher heating demand, see paragraphs 17, 2-3, 22-23, and 36) based on at least one of:
a cost of fuel for the fueled heater (adjusting heating operation criteria for providing heating with both the heat pump and the auxiliary heater based on fuel cost, see paragraph 3);
a user preference for operating the fueled heater relative to the heat pump (this is an alternative limitation);
a temperature in the outdoor environment at the given time (higher heating demand set in response to exterior temperature measured by outdoor ambient temperature sensor 152, see paragraphs 22 and 29);
a forecasted temperature for the outdoor environment at a future time (this is an alternative limitation);
a time of day of the given time (this is an alternative limitation); or
an amount of fuel available for the fueled heater at the given time (this is an alternative limitation).
In regards to claim 10, Harrod as modified teaches a method for conditioning air inside a structure (see enclosed structure and conditioned supply air duct 120, see paragraphs 24 and 41 and fig. 1), comprising:
activating, by a controller (controller 150), a heat pump (operating compressor 102, heat exchanger 112 and auxiliary heater 124, see figs. 2-3 and paragraphs 3-4, 23) to heat a conditioned environment inside the structure (HVAC system 100, fig. 1 with supply duct 120 for supplying conditioned air to the interior conditioned space, see paragraphs 24 and 41);
detecting, using at least one sensor (first and second temperature sensors for measure outdoor and indoor temperatures, see paragraphs 7-8 and 30), air rise temperature (actual inside temperature, AIT, see paragraph 30) across an indoor heat exchanger (air inside temperature measured for air passed over heat exchanger HX 112 in step 215, see paragraph 30, which implies a temperature across the indoor HX 112) of the heat pump located in or in communication with the conditioned environment (HX 112 in communication with interior space via duct 120, see fig. 1);
determining, using the controller (controller 150), whether the air rise temperature is below a triggering threshold (at steps 220, 255, determine whether AIT is below DIT, see fig. 2);
and when the air rise temperature is below the triggering threshold, activating, by the controller, a fueled heater to heat the conditioned environment contemporaneously with the heat pump at a given time (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Harrod teaches that the heater operation extended to times T2max or T3max based on inside temperature AIT being less than desired temperature DIT at steps 295 and 335 respectively, see fig. 3 and paragraphs 35-36; heating mode activated based on temperature, see paragraph 23; heater 124 is also activated to raise temperature of the supply/indoor air, paragraph 26; Also see compressor and heater activation based on difference between supply airflow temperature and desired inside temperature, paragraphs 30-31).
However, Harrod does not explicitly teach detecting a temperature difference between air entering the indoor heat exchanger and air exiting the indoor heat exchanger.
Kojima teaches a system for conditioning air in a conditioned environment inside a structure (see air conditioning system 1 inside a residence 100, see fig. 1 and paragraph 45) with an outdoor environment outside the structure being non-conditioned (outside of the house 100, see fig. 1), comprising: a heat pump (see air conditioning cycle with outdoor unit 2, fig. 2), including: an indoor heat exchanger (heat exchanger HX 42) located in or in communication with the conditioned environment (HX 42 in communication with indoor space through circulation of indoor air F3, see fig. 2 and paragraph 64); and a controller (controllers 28, 38), configured to, when the system is operating in a heating mode (heating mode, see fig. 2), activate fueled heater (by opening fuel gas valve 51, see paragraph 70) based on air rise temperature or temperature difference (delta Tr, see paragraph 70), wherein the air rise temperature comprises a temperature difference between air entering the indoor heat exchanger (as measured by temperature sensor 34, see fig. 2) and air exiting the indoor heat exchanger (as measured by temperature sensor 33, see fig. 2) as determined by at least one sensor (see temperature difference being between indoor air temperature Tr, which is a temperature measured, by sensor 34, of air before indoor heat exchanger 42 and air temperature Trd, which is a temperature measured, by sensor 33, of air after and heated by heat exchanger 42, paragraphs 93-94, 47 and fig. 2, 10, 12, 14).
It would have been obvious for one of skill in the art before the effective filing date of the claimed invention to have reprogrammed the controller of the air conditioning method of Harrod to operate the system in the heating mode based on air rise temperature, wherein the air rise temperature comprises a temperature difference between air entering the indoor heat exchanger and air exiting the indoor heat exchanger as determined by at least one sensor based on the teachings of Kojima for the advantage of determining the air warming capability of the airflow through the indoor air supply duct and control the operation of the heat pump to adjust the amount of airflow and the air warming capability of the indoor airflow to attain a comfortable indoor environment for the occupants (see paragraphs 93-94, Kojima).
In regards to claim 11, Harrod as modified teaches the limitations of claim 10 and further discloses that in response to detecting that the air rise temperature across the indoor heat exchanger is below the triggering threshold (in response to AIT temperature being below DIT temperature at step 255, see figs. 2-3): decreasing an output of the heat pump to 0% of rated output (compressor (i.e. heat pump) turned off after initiating auxiliary heater 124 at step 280, see fig. 3, and paragraph 33; wherein Aux heater 124 is turned on in response to a positive response at step 255, see figs. 2-3).
In regards to claim 12, Harrod as modified teaches the limitations of claim 11 and further discloses that in response to decreasing the output of the heat pump to 0% of rated output (compressor (i.e. heat pump) turned off after initiating auxiliary heater 124 at step 280, see fig. 3, and paragraph 33 and at step 225; wherein Aux heater 124 is turned on in response to a positive response at step 255, see figs. 2-3):
operating only the fueled heater to heat the conditioned environment (operating Aux heater and shutting down compressor, see paragraph 33);
detecting, using the at least one sensor, the air rise temperature across the indoor heat exchanger at a subsequent time to the given time (detecting AIT temperature at subsequent steps 290, 330, see fig. 3);
determining, using the controller, whether the air rise temperature is above a sufficiency threshold (AIT temperature with respect to DIT and BPT temperature with respect to OAT, see figs. 2-4); and when the air rise temperature is above the sufficiency threshold, activating, by the controller, the heat pump to heat the conditioned environment contemporaneously with the fueled heater (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Harrod teaches that the controller activates compressor heat pump and auxiliary heater 124 at steps 280, 320, and 360 in response to the air temperature being below the desired temperature at steps 295, 335, figs. 2-3 and the balance temperature above the freezing temperature (0 deg F) and above 10 degree Fahrenheit, see paragraphs 4, 31, 36).
In regards to claim 13, Harrod as modified teaches the limitations of claim 11 and further discloses that in response to determining that the air rise temperature across the indoor heat exchanger is above a sufficiency threshold (Delta T above the Delta Tmax at step 245, fig. 2; and BPT temperature below the OAT temperature at step 275, fig. 3) while heating the conditioned environment via both the heat pump (compressor activated at step 230, fig. 2) and the fueled heater (Aux heater enabled at step 245, see fig. 2): decreasing an output of the fueled heater (by deactivating or preventing the activation of auxiliary heater 124, see paragraph 33); and increasing an output of the heat pump (compressor operation extended with timer T2 at step 285, see fig. 3 and paragraphs 33-34).
In regards to claim 14, Harrod as modified teaches the limitations of claim 10 and further discloses that the controller (control panel 150) is configured to adjust a triggering threshold of the air rise temperature to trigger operating both the fueled heater and the heat pump at the given time (both heat pump heater and auxiliary heaters activated due to higher heating demand, see paragraphs 17, 2-3, 22-23, and 36) based on at least one of:
a cost of fuel for the fueled heater (adjusting heating operation criteria for providing heating with both the heat pump and the auxiliary heater based on fuel cost, see paragraph 3);
a user preference for operating the fueled heater relative to the heat pump (this is an alternative limitation);
a temperature in the outdoor environment at the given time (higher heating demand set in response to exterior temperature measured by outdoor ambient temperature sensor 152, see paragraphs 22 and 29);
a forecasted temperature for the outdoor environment at a future time (this is an alternative limitation);
a time of day of the given time (this is an alternative limitation); or
an amount of fuel available for the fueled heater at the given time (this is an alternative limitation).
In regards to claim 15, Harrod as modified teaches the limitations of claim 10 and further discloses that the controller (control panel 150) activates both of the heat pump and the fueled heater at the given time (operating both heat pump heater and auxiliary heater, see paragraphs 17 and 2-3), the fueled heater and the heat pump each operate at between 0% and 100% of respective rated outputs (activating both heat pump and auxiliary heaters 124 at any level implies operating between 0% and 100% capacity, see paragraphs 17).
In regards to claim 18, Harrod teaches a computer readable medium including instructions (see control panel 150 with instructions, figs. 1-4), that when executed by a processor (microprocessor, see paragraph 23), cause the processor to perform operations including:
activating, by a controller (controller 150), a heat pump (operating compressor 102, heat exchanger 112 and auxiliary heater 124, see figs. 2-3 and paragraphs 3-4, 23) to heat a conditioned environment (HVAC system 100, fig. 1 with supply duct 120 for supplying conditioned air to the interior conditioned space, see paragraphs 24 and 41);
detecting, using at least one sensor (first and second temperature sensors for measure outdoor and indoor temperatures, see paragraphs 7-8 and 30), an air rise temperature (actual inside temperature, AIT, see paragraph 30) across a heat exchanger (air inside temperature measured for air passed over heat exchanger HX 112 in step 215, see paragraph 30, which implies a temperature across the indoor HX 112) of the heat pump located in or in communication with the conditioned environment (HX 112 in communication with interior space via duct 120, see fig. 1);
determining, using the controller (controller 150), whether the air rise temperature is below a triggering threshold (at steps 220, 255, determine whether AIT is below DIT, see fig. 2); and when the air rise temperature is below the triggering threshold, activating, by the controller, a fueled heater to heat the conditioned environment at the same time as the heat pump at a given time (heater operation extended to times T2max or T3max based on inside temperature AIT being less than desired temperature DIT at steps 295 and 335 respectively, see fig. 3 and paragraphs 35-36; heating mode activated based on temperature, see paragraph 23; heater 124 is also activated to raise temperature of the supply/indoor air, paragraph 26; Also see compressor and heater activation based on difference between supply airflow temperature and desired inside temperature, paragraphs 30-31).
However, Harrod does not explicitly teach detecting a temperature difference between air entering the indoor heat exchanger and air exiting the indoor heat exchanger.
Kojima teaches a system for conditioning air in a conditioned environment inside a structure (see air conditioning system 1 inside a residence 100, see fig. 1 and paragraph 45) with an outdoor environment outside the structure being non-conditioned (outside of the house 100, see fig. 1), comprising: a heat pump (see air conditioning cycle with outdoor unit 2, fig. 2), including: an indoor heat exchanger (heat exchanger HX 42) located in or in communication with the conditioned environment (HX 42 in communication with indoor space through circulation of indoor air F3, see fig. 2 and paragraph 64); and a controller (controllers 28, 38), configured to, when the system is operating in a heating mode (heating mode, see fig. 2), activate fueled heater (by opening fuel gas valve 51, see paragraph 70) based on air rise temperature or temperature difference (delta Tr, see paragraph 70), wherein the air rise temperature comprises a temperature difference between air entering the indoor heat exchanger (as measured by temperature sensor 34, see fig. 2) and air exiting the indoor heat exchanger (as measured by temperature sensor 33, see fig. 2) as determined by at least one sensor (see temperature difference being between indoor air temperature Tr, which is a temperature measured, by sensor 34, of air before indoor heat exchanger 42 and air temperature Trd, which is a temperature measured, by sensor 33, of air after and heated by heat exchanger 42, paragraphs 93-94, 47 and fig. 2, 10, 12, 14).
It would have been obvious for one of skill in the art before the effective filing date of the claimed invention to have reprogrammed the controller/processor of the air conditioning system/steps of Harrod to operate the system in the heating mode based on air rise temperature, wherein the air rise temperature comprises a temperature difference between air entering the indoor heat exchanger and air exiting the indoor heat exchanger as determined by at least one sensor based on the teachings of Kojima for the advantage of determining the air warming capability of the airflow through the indoor air supply duct and control the operation of the heat pump to adjust the amount of airflow and the air warming capability of the indoor airflow to attain a comfortable indoor environment for the occupants (see paragraphs 93-94, Kojima).
In regards to claim 19, Harrod as modified teaches the limitations of claim 18 and further discloses that in response to detecting that the air rise temperature across the indoor heat exchanger is below the triggering threshold (in response to AIT temperature being below DIT temperature at step 255, see figs. 2-3): decreasing an output of the heat pump to 0% of rated output (compressor (i.e. heat pump) turned off after initiating auxiliary heater 124 at step 280, see fig. 3, and paragraph 33; wherein Aux heater 124 is turned on in response to a positive response at step 255, see figs. 2-3), and
in response to decreasing the output of the heat pump to 0% of rated output (compressor (i.e. heat pump) turned off after initiating auxiliary heater 124 at step 280, see fig. 3, and paragraph 33 and at step 225; wherein Aux heater 124 is turned on in response to a positive response at step 255, see figs. 2-3):
operating only the fueled heater to heat the conditioned environment (operating Aux heater and shutting down compressor, see paragraph 33);
detecting, using the at least one sensor, the air rise temperature across the indoor heat exchanger at a subsequent time to the given time (detecting AIT temperature at subsequent steps 290, 330, see fig. 3);
determining, using the controller, whether the air rise temperature is above a sufficiency threshold (BPT temperature with respect to OAT and AIT temperature with respect to DIT, see figs. 2-4); and when the air rise temperature is above the sufficiency threshold, activating, by the controller, the heat pump to heat the conditioned environment contemporaneously with the fueled heater (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Harrod teaches that the controller activates compressor heat pump and auxiliary heater 124 at steps 280, 320, and 360 in response to the air temperature being below the desired temperature at steps 295, 335, figs. 2-3 and the balance temperature above the freezing temperature (0 deg F) and above 10 degree Fahrenheit, see paragraphs 4, 31, 36).
In regards to claim 20, Harrod as modified teaches the limitations of claim 18 and further discloses that when the controller activates both the heat pump and the fueled heater at the given time to heat the conditioned environment, the fueled heater and the heat pump each operate at less than 100% of respective rated outputs (compressor operated at first and second level of capacities, wherein at least one of the capacities is less than 100%, see paragraphs 17-18; Also see first and second auxiliary heaters operated at two or more capacities, wherein at least one of the capacities is less than 100%, see paragraphs 2, 17, 22).
Claim(s) 2, 4 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrod et al. in view of Kojima as applied to claims 1 and 10 above and further in view of Yoh (US 2015/0219342 A1).
In regards to claim 2, Harrod as modified teaches the limitations of claim 1 and further discloses that the indoor heat exchanger (HX 112) and the fueled heater (124) are located in a ducted airflow path of the conditioned environment (HX 112 and heater 124 in an airflow path within duct 120, see fig. 1).
However, Harrod does not explicitly teach a shared cabinet for heat exchanger and the heater.
Yoh discloses an air conditioning system (heat pump 40) with an indoor heat exchanger (HX 42), a fueled heater (gas furnace heat exchange section 31, see fig. 2 and paragraphs 37-39) and the heat exchanger (HX 42) and the fueled heater (31) are located in a shared cabinet (casing 11, see figs. 1-3) that is ducted into an airflow path of the conditioned environment (airflow AF1 through casing 11 and duct 15 to the indoor spaces, see figs. 1-3).
It would have been obvious for one of skill in the art before the effective filing date of the claimed invention to have modified the air conditioning system of Harrod by providing an indoor heat exchanger and a fueled heater within a shared cabinet that is ducted into an airflow path of the conditioned environment within the air supply duct of Harrod based on the teachings of Yoh in order to gather the flammable gas of the heater and the flammable refrigerant of the flow channels within a contained space outside the occupant spaces to prevent directly leaking the flammable fluids to the indoor spaces.
In regards to claim 4, Harrod as modified teaches the limitations of claim 1 and further discloses that the fueled heater is connected to a fuel supply (fossil fuel supply to heater 124, see paragraph 33) that supplies a fuel (fossil fuel, paragraph 17, 33) to the fueled heater (see paragraph 33).
However, Harrod does not explicitly teach that the fuel includes natural gas, propane, hydrogen, fuel oil, or combinations thereof.
Yoh teaches that the fueled heater (gas furnace unit 30, fig. 3) is connected to a fuel supply (gas pipe GP for supply fuel, see fig. 3 and paragraph 42) that supplies a fuel to the fueled heater for combustion (fuel supplied via GP and valve 36 to combustion chamber 37 for igniting, see paragraphs 41-43 and fig. 3), the fuel including natural gas, propane, hydrogen, fuel oil, or combinations thereof (liquified natural or petroleum gas, see paragraph 42).
It would have been obvious for one of skill in the art before the effective filing date of the claimed invention to have modified the fueled heater of the air conditioning system of Harrod as modified by providing a fuel supply that supplies a fuel to the fueled heater for combustion, the fuel including natural gas or combination based on the teachings of Yoh in order to maintain the heating operation by continuously supplying ignition fuel in a regulated manner to adjust and fluctuate the amount of heat generated via the fuel combustion system.
In regards to claim 17, Harrod as modified teaches the limitations of claim 10 and further discloses that the indoor heat exchanger (HX 112) and the fueled heater (124) are located in a ducted airflow path of the conditioned environment (HX 112 and heater 124 in an airflow path within duct 120, see fig. 1).
However, Harrod does not explicitly teach a shared cabinet for heat exchanger and the heater.
Yoh discloses an air conditioning system (heat pump 40) with an indoor heat exchanger (HX 42), a fueled heater (gas furnace heat exchange section 31, see fig. 2 and paragraphs 37-39) and the heat exchanger (HX 42) and the fueled heater (31) are located in a shared cabinet (casing 11, see figs. 1-3) that is ducted into an airflow path of the conditioned environment (airflow AF1 through casing 11 and duct 15 to the indoor spaces, see figs. 1-3).
It would have been obvious for one of skill in the art before the effective filing date of the claimed invention to have modified the air conditioning system of the method of Harrod by providing an indoor heat exchanger and a fueled heater within a shared cabinet that is ducted into an airflow path of the conditioned environment within the air supply duct of Harrod based on the teachings of Yoh in order to gather the flammable gas of the heater and the flammable refrigerant of the flow channels within a contained space outside the occupant spaces to prevent directly leaking the flammable fluids to the indoor spaces.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrod et al. in view of Kojima as applied to claim 1 above and further in view of Yoh (US 2015/0219342 A1) and Yajima (US 2022/0065469 A1).
In regards to claim 3, Harrod as modified teaches the limitations of claim 1 and Kojima further teaches a combustion chamber (54); a vent fan (52); and heat exchange tubing (HX tubing 55, see fig. 2) located on a second side of combustion section (see fig. 2), the tubing having a first diameter connected to gas output (gas supplied via valve 51, see fig. 2 and paragraph 54).
However, Harrod does not explicitly teach a firewall; the tubing located on a second side of firewall, the tubing having a second diameter, less than the first diameter, connected to a vent fan intake.
Yoh teaches that the fueled heater (gas furnace unit 30) comprises: a firewall (combustion part 37 and metallic pipes 33, 34, within separated main body compartment 32, see fig. 3 and paragraph 45, 41; wherein combustion chamber 37 implies a chamber made of firewalls that do not allow the combustion to expand into the spaces outside the chamber); a combustion chamber (combustion chamber 37) located on a first side of the firewall (37 on side of the fan 35, fig. 3); a vent fan (vent fan 35, fig. 3) located on the first side of the firewall (fan 35 within main body 32, see fig. 3); and heat exchange tubing (heat exchange section 31 and tubing 311, fig. 3) located on a second side of the firewall, opposite to the first side (heat exchange section 31 and tubing 311 within housing 11 and outside main body part 32, see fig. 3), having a first diameter (see below annotated fig. 3) connected to a gas output of the combustion chamber (see below annotated fig. 3) and a second diameter (see below annotated fig. 3), equal to the first diameter, connected to an intake of the vent fan (heat exchange tubing fluidly connected to the intake of the vent fan 35, i.e. via air flow AF2, see fig. 3).
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It would have been obvious for one of skill in the art before the effective filing date of the claimed invention to have modified the fueled heater of the air conditioning system of Harrod as modified by providing a firewall; a combustion chamber located on a first side of the firewall; a vent fan located on the first side of the firewall; and heat exchange tubing located on a second side of the firewall, opposite to the first side, having a first diameter connected to a gas output of the combustion chamber and a second diameter, connected to an intake of the vent fan based on the teachings of Yoh in order to quickly and efficiently generate heat with a combustion of a mixture of airflow and gas flow within a controlled environment and create a strict separation between the ignition within the combustion chamber and the airflow through casing 11 towards the indoor spaces (see paragraphs 3 and 43, Yoh).
Harrod also does not explicitly teach that the second diameter is less than the first diameter.
However, Yajima discloses a combustion heater and air conditioning system (see abstract and fig. 5), wherein the fueled heater (combustion heater 3) includes a heat exchanging tubing (56) and the fueled heater having a first diameter connected to a gas output of the combustion chamber (see below annotated fig. 5) and a second diameter, less than the first diameter, connected to an intake of the vent fan (see second diameter connected to the inlet side of fan 52, fig. 5).
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It would have been obvious for one of skill in the art before the effective filing date of the claimed invention to have modified the fueled heater of the air conditioning system of Harrod as modified by providing a first diameter connected to a gas output of the combustion chamber and a second diameter, less than the first diameter, connected to an intake of the vent fan based on the teachings of Yoh in order to provide sufficient area for high temperature combustion gas to expand quickly near the heat exchange inlet and allow a steady and narrow stream of gases to be exhaust via the vent fan after an efficient heat exchange between the combusted gases and the supply airflow.
Claim(s) 5, 7, 8 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrod et al. in view of Kojima as applied to claims 1 and 10 above and further in view of Narayanamurthy (US 2011/0257795 A1).
In regards to claim 5, Harrod as modified teaches the limitations of claim 1 and further discloses an electric heater (electric heater with heating elements, see paragraphs 22, 26), wherein the controller is further configured to activate the electric heater in place of the fueled heater at the given time (control panel 150 supplies electric current to electric heaters, see paragraph 26) when heating demand exceeds the maximum amount of heating capacity of the primary fueled heater (see paragraphs 22-23).
However, Harrod does not explicitly teach that a fuel supply for the fueled heater is below a threshold reserve level or a renewable energy source associated with the electric heater is available at a threshold generation level.
Narayanamurthy discloses a control system for HVAC and heating system (100, 1000, see fig. 1 and paragraphs 21-23), an energy transfer module (120), wherein the controller (control module 140) is further configured to activate the energy transfer module and solar energy system for heating the indoor space (see paragraphs 25-26) at the given time when a fuel supply for the fueled heater is below a threshold reserve level (this is an alternative limitation) or a renewable energy source associated with the electric heater is available at a threshold generation level (controller configured to implement heating mode by initiating solar energy when temperature setpoint of T-comfort-max is reached, see paragraphs 30-31, 65 and fig. 5).
It would have been obvious for one of skill in the art before the effective filing date of the claimed invention to have reprogrammed the electric heater control at the air conditioning system of Harrod as modified to activate the electric heater in place of the fueled heater at the given time when a renewable energy source associated with the electric heater is available at a threshold generation level based on the teachings of Narayanamurthy in order to improve efficiency of the HVAC system by periodically utilizing solar energy for space conditioning when the available energy is sufficiently high and to reduce global warming by decreasing reliance on fossil fuel.
In regards to claim 7, Harrod as modified teaches the limitations of claim 5 and further discloses that the controller (control panel 150) is configured to increase an operational rate of the fueled heater (operational time of the fueled auxiliary heater 124 is extended till T2max and T3max respectively, see fig. 3) when the air rise temperature is below a sufficiency threshold for the heat pump (heater operation extended to times T2max or T3max based on inside temperature AIT being less than desired temperature DIT at steps 295 and 335 respectively, see fig. 3 and paragraphs 35-36).
In regards to claim 8, Harrod as modified teaches the limitations of claim 5 and further discloses that the controller (control panel 150) is configured to decrease an operational rate of the fueled heater (operational time of the fueled auxiliary heater 124 is reduced by terminating the heater at step 337 and by resetting heater operation duration to a lower T2 and T3 values at respective steps 296 and 336, see fig. 3) when the air rise temperature is above a sufficiency threshold for the heat pump (heater operation time reduced based on inside temperature AIT being more than the desired temperature DIT at steps 295 and 335 respectively, see fig. 3 and paragraphs 35-36).
In regards to claim 16, Harrod as modified teaches the limitations of claim 10 and further discloses an electric heater (electric heater with heating elements, see paragraphs 22, 26), wherein the controller is further configured to activate the electric heater in place of the fueled heater at the given time (control panel 150 supplies electric current to electric heaters, see paragraph 26) when heating demand exceeds the maximum amount of heating capacity of the primary fueled heater (see paragraphs 22-23).
However, Harrod does not explicitly teach that a fuel supply for the fueled heater is below a threshold reserve level or a renewable energy source associated with the electric heater is available at a threshold generation level.
Narayanamurthy discloses a control system for HVAC and heating system (100, 1000, see fig. 1 and paragraphs 21-23), an energy transfer module (120), wherein the controller (control module 140) is further configured to activate the energy transfer module and solar energy system for heating the indoor space (see paragraphs 25-26) at the given time when a fuel supply for the fueled heater is below a threshold reserve level (this is an alternative limitation) or a renewable energy source associated with the electric heater is available at a threshold generation level (controller configured to implement heating mode by initiating solar energy when temperature setpoint of T-comfort-max is reached, see paragraphs 30-31, 65 and fig. 5).
It would have been obvious for one of skill in the art before the effective filing date of the claimed invention to have reprogrammed the electric heater control at the air conditioning system of the method of Harrod as modified to activate the electric heater in place of the fueled heater at the given time when a renewable energy source associated with the electric heater is available at a threshold generation level based on the teachings of Narayanamurthy in order to improve efficiency of the HVAC system by periodically utilizing solar energy for space conditioning when the available energy is sufficiently high and to reduce global warming by decreasing reliance on fossil fuel.
Response to Arguments
Applicant’s arguments, see pages 1-6 of Remarks, filed 06/15/2026, with respect to the rejection(s) of claim(s) 1, 10 and 18 under 35 USC 102 over Harrod have been fully considered and are persuasive with respect to the amended claim language. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kojima alone under 35 USC 102 for claim 1 and Harrod in view of Kojima under 35 USC 103 for claims 1, 10 and 18.
Applicant’s arguments with respect to claim(s) 1 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. Claim 1 is now anticipated under 35 USC 102 over Kojima.
Conclusion
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/MERAJ A SHAIKH/Examiner, Art Unit 3763
/JIANYING C ATKISSON/ Supervisory Patent Examiner, Art Unit 3763
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