Prosecution Insights
Last updated: October 02, 2026
Application No. 18/461,258

Hot Water Re-Circulation Isolator System in Combination with Water Heater/Hydronic Heating System

Final Rejection §103
Filed
Sep 05, 2023
Priority
Sep 06, 2022 — provisional 63/374,657
Examiner
BARGERO, JOHN E
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Rheem Manufacturing Company
OA Round
2 (Final)
55%
Grant Probability
Moderate
3-4
OA Rounds
7m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allowance Rate
328 granted / 593 resolved
-14.7% vs TC avg
Strong +31% interview lift
Without
With
+30.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
32 currently pending
Career history
629
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
69.0%
+29.0% vs TC avg
§102
17.6%
-22.4% vs TC avg
§112
11.5%
-28.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 593 resolved cases

Office Action

§103
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 . Response to Arguments Applicant’s arguments with respect to the amended 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. Drawings In view of the amended claims of 6/17/2026, the drawings are no longer objected to under 37 CFR 1.83(a). Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1-3, 7-8, 11-12, 16-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Heo et al. (US 10,113,751 B2) in view of Laing (US 2005/0001046). Regarding claim 1, Heo (H) discloses a heating system comprising: an air handler (30, Figure 1); a water heater configured to heat water (20); an air handler loop configured to receive a second portion of hot water from water heater (41 to 21 to 40 to 31 to 41) to allow the second portion of hot water to exchange heat with air via the air handler, and to provide cooled water back to the water heater; and a controllable valve (42,C3, L64-C4,L3) configured to selectively prevent the air handler from receiving the second portion of hot water from the water heater. Heo does not disclose that the system has a water recirculation loop configured to receive a first portion of hot water from the water heater, to cause the first portion of hot water to bypass the air handler, and to provide at least a portion of the first portion of hot water back to the water heater. However, Laing (L) discloses a hot water system (Abstract) wherein the system has a water recirculation loop (12-22-40-38-44-12 Figure 1, [0072-0073]) configured to receive a first portion of hot water from the water heater (12), to cause the first portion of hot water to bypass the air handler, and to provide at least a portion of the first portion of hot water back to the water heater. As a clarification the loop would be installed between 41 and 43 of H- Figure 1. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize a water return loop for the purpose of ensuring hot water is delivered to the faucets or other distribution points almost immediately, thus enhancing the user’s experience. Regarding claim 2, Heo (H), as modified, discloses the heating system of claim 1, further comprising a thermostat (H-24) configured to generate a thermostat signal based on a detected temperature. Regarding claim 3, Heo (H), as modified, discloses the heating system of claim 2, wherein the thermostat (H-24) is configured to provide the thermostat signal to the air handler (H-C3, L18-32), and wherein the controllable valve comprises a mechanical valve (H-42, three- way valve). Regarding claim 7, Heo (H), as modified, discloses the heating system of claim 2, wherein the thermostat (H- 22, C3, L47-50) is configured to provide the thermostat signal to the water heater, and wherein the controllable valve comprises an electronically actuated valve (H- 43, C3,L64-C4,L3) disposed along a water line extending from a water outlet of the water heater (H-20) and a water inlet of the air handler (H-30, Figure 1). Regarding claim 8, Heo (H), as modified, discloses the heating system of claim 7, wherein the water heater is configured to transmit a valve control signal to the electronically actuated valve (H-42) to cause the electronically actuated valve to open to allow the air handler (H-30) to receive the second portion of hot water from the water heater, and wherein the water heater is configured to transmit an air handler signal to the air handler to cause the air handler to provide the cooled water back to the water heater (H-Figure 2, C3,L64-C4,L3). Regarding claim 11, Heo (H) discloses a method of heating water, the method comprising: heating, via a water heater (20), water; receiving, via an air handler loop (41 to 21 to 40 to 31 to 41), a second portion of hot water from the water heater; allowing, via the air handler loop, the second portion of hot water to exchange heat with air via the air handler; providing, via the air handler loop, cooled water back to the water heater; and selectively preventing, via a controllable valve (42,C3, L64-C4,L3), the air handler from receiving the second portion of hot water from the water heater. Heo does not disclose the steps of receiving, via a water recirculation loop, a first portion of hot water from the water heater; causing, via the water recirculation loop, the first portion of hot water to bypass an air handler; providing, via the water recirculation loop, at least a portion of the first portion of hot water back to the water heater. However, Laing (L) discloses a hot water system (Abstract) that discloses the steps of receiving, via a water recirculation loop (12-22-34-14-12), a first portion of hot water from the water heater (12); causing, via the water recirculation loop, the first portion of hot water to bypass an air handler; providing, via the water recirculation loop, at least a portion of the first portion of hot water back to the water heater. As a clarification the loop would be installed between 41 and 43 of H- Figure 1. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize a water return loop for the purpose of ensuring hot water is delivered to the faucets or other distribution points almost immediately, thus enhancing the user’s experience. Regarding claim 12, Heo (H), as modified, discloses the method of claim 11, further comprising generating, via a thermostat (H-24), a thermostat signal based on a detected temperature (H-C3, L18-32). Regarding claim 16, Heo (H), as modified, discloses the method of claim 12, further comprising: providing, via the thermostat (H-24, C3, L47-50), the thermostat signal to the water heater, wherein the controllable valve comprises an electronically actuated valve disposed along a water line extending from a water outlet of the water heater and a water inlet of the air handler (H-42, C3,L64-C4,L3). Regarding claim 17, Heo (H), as modified, discloses the method of claim 16, further comprising: transmitting, via the water heater, a valve control signal to the electrically actuated valve to cause the electrically activated valve to open to allow the air handler to receive the second portion of hot water from the water heater; and transmitting, via the water heater, an air handler signa to the air handler l to cause the air handler to provide the cooled water back to the water heater (H-Figure 2, C3,L64-C4,L3). Regarding claim 20, Heo (H) discloses a heating system for use with an input water source, the heating system comprising: a water heater (20) configured to heat water; an air handler loop configured to receive a second portion of hot water from the water heater and to provide cooled water back to the water heater (41 to 21 to 40 to 31 to 41); an input line valve (42,C3, L64-C4,L3) configured to receive water from the input water source and to prevent cooled water from the air handler loop for flowing out to the input water source; and a controllable valve configured prevent an air handler from receiving the second portion of hot water. Heo does not disclose that the system has a water recirculation loop configured to receive a first portion of hot water from the water heater, to cause the first portion of hot water to bypass the air handler, and to provide at least a portion of the first portion of hot water back to the water heater. However, Laing (L) discloses a hot water system (Abstract) wherein the system has a water recirculation loop (12-22-34-14-12) configured to receive a first portion of hot water from the water heater (12), to cause the first portion of hot water to bypass the air handler, and to provide at least a portion of the first portion of hot water back to the water heater. As a clarification the loop would be installed between 41 and 43 of H- Figure 1. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize a water return loop for the purpose of ensuring hot water is delivered to the faucets or other distribution points almost immediately, thus enhancing the user’s experience. Claims 4-5 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Heo et al. (US 10,113,751 B2), and Laing (US 2005/0001046), and Ng et al. (US 9,562,697). Regarding claim 4, Heo (H), as modified discloses the heating system of claim 3, but not that the mechanical valve comprises a pressure valve disposed along a water line extending from a water outlet of the air handler and a water inlet of the water heater. However, Ng (N) discloses a circulating hot water system (Abstract) wherein the mechanical valve (2.012, Figure 2) comprises a pressure valve (C4,L64-C5,L5) disposed along a water line (equivalent of 2.006) extending from a water outlet of the air handler (equivalent of 2.001a, left side pipe) and a water inlet of the water heater (equivalent of 2.00n, left side pipe). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize a pressure active valve between two devices to ensure that there is proper fluid pressure within the air handler heat exchanger to prevent damage to it. Regarding claim 5, Heo (H), as modified, discloses the heating system of claim 4, wherein the air handler is configured to pump (H- via 40) the second portion of hot water from the water heater, wherein the thermostat signal causes the air handler to pump the second portion of hot water from the water heater, and wherein the pumping of the second portion of hot water from the water heater creates pressure to open the pressure valve to cause the air handler to provide the cooled water back to the water heater (H-C3,L18-32,Figures 1-3). Regarding claim 13, Heo (H), as modified, discloses the method of claim 12, with the steps of providing, via the thermostat (H-34, C4, L4-10), the thermostat signal to the air handler (H-30), but not that the controllable valve comprises a pressure valve disposed along a water line extending from a water outlet of the air handler and a water inlet of the water heater. However, Ng (N) discloses a circulating hot water system method (Abstract) wherein the controllable valve comprises a pressure valve (C4, L64-C5, L5) disposed along a water line extending from a water outlet of the air handler and a water inlet of the water heater. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize a pressure active valve between two devices to ensure that there is proper fluid pressure within the air handler heat exchanger to prevent damage to it. Regarding claim 14, Heo (H), as modified, discloses the method of claim 13, further comprising: pumping (H-40) via the air handler, the second portion of hot water from the water heater, wherein the thermostat signal causes the air handler to pump the second portion of hot water from the water heater, and wherein the pumping of the second portion of hot water from the water heater creates pressure to open the pressure valve to cause the air handler to provide the cooled water back to the water heater (H-C3,L18-32,Figures 1-3). Claims 6, 9, 15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Heo et al. (US 10,113,751 B2), Laing (US 2005/0001046), and HU et al. (US 2019/0346155). Regarding claim 6, Heo (H), as modified, discloses the heating system of claim 3, but not that the thermostat is configured to provide the thermostat signal to the air handler via a wireless transmission. However, HU (HU) discloses a method of controlling a water heater and air handler (Abstract), wherein the thermostat is configured to provide the thermostat signal to the air handler via a wireless transmission ([0029]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize a wireless configuration in order to save time and money on installation costs because there would be no need to run signal wires throughout the system. Regarding claim 9, Heo (H), as modified, discloses the heating system of claim 7, but not that the thermostat is configured to provide the thermostat signal to the air handler via a wireless transmission. However, HU (HU) discloses a method of controlling a water heater and air handler (Abstract), wherein the thermostat is configured to provide the thermostat signal to the air handler via a wireless transmission ([0029]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize a wireless configuration in order to save time and money on installation costs because there would be no need to run signal wires throughout the system. Regarding claim 15, Heo (H), as modified, discloses the method of claim 13, but not the step of providing, via the thermostat, the thermostat signal to the air handler comprises providing the thermostat signal to the air handler via a wireless transmission. However, HU (HU) discloses a method of controlling a water heater and air handler (Abstract) with the step of providing, via the thermostat, the thermostat signal to the air handler comprises providing the thermostat signal to the air handler via a wireless transmission ([0029]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize a wireless configuration in order to save time and money on installation costs because there would be no need to run signal wires throughout the system. Regarding claim 18, Heo (H), as modified, discloses the method of claim 16, but not the step of providing, via the thermostat, the thermostat signal to the air handler comprises providing the thermostat signal to the air handler via a wireless transmission. However, HU (HU) discloses a method of controlling a water heater and air handler (Abstract) with the step of providing, via the thermostat, the thermostat signal to the air handler comprises providing the thermostat signal to the air handler via a wireless transmission ([0029]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize a wireless configuration in order to save time and money on installation costs because there would be no need to run signal wires throughout the system. Claims 10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Heo et al. (US 10,113,751 B2). Laing (US 2005/0001046), and Burlington et al. (US 3,461,854). Regarding claim 10, Heo (H), as modified, discloses the heating system of claim 1, but not that the water recirculation loop includes a dedicated return portion that is distinct from the air handler loop. However, Burlington discloses a water heating system (C1, L10-30), wherein the water recirculation loop (2-1) includes a dedicated return portion that is distinct from the heat exchanger loop (Figure 1, Arrow from 4 to1). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize separate branches for the different heating circuits to prevent thermal lag due to a longer piping path. Regarding claim 19, Heo (H), as modified, discloses the heating system of claim 11, but not that the water recirculation loop includes a dedicated return portion that is distinct from the air handler loop. However, Burlington discloses a water heating system (C1, L10-30), wherein the water recirculation loop (2-1) includes a dedicated return portion that is distinct from the heat exchanger loop (Figure 1, Arrow from 4 to1). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize separate branches for the different heating circuits to prevent thermal lag due to a longer piping path. 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 JOHN E BARGERO whose telephone number is (571) 270-1770. The examiner can normally be reached Monday-Friday. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOHN E BARGERO/Examiner, Art Unit 3762 /HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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Prosecution Timeline

Sep 05, 2023
Application Filed
Apr 08, 2026
Non-Final Rejection mailed — §103
Jun 17, 2026
Response Filed
Sep 15, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
55%
Grant Probability
86%
With Interview (+30.6%)
3y 8m (~7m remaining)
Median Time to Grant
Moderate
PTA Risk
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