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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14 and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 16 lack proper antecedent basis for “the activation of the electrical radiator system”, and it is suggested to amend it to “an activation of…”
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-12, 14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feldmeier (EP 617238) in view of Martin (GB 2 373 570), Knoeppel (US 2019/0212035), and Lesage (US 2017/0059206).
With respect to claim 1, Feldmeier discloses a management method claimed for managing at least one combi radiator (10) comprising both an electrical radiator system (shown by an electrical radiator heating element 24) and a central radiator/heating system (12) supplying water, the central radiator/heating system including a valve (18) to be selectively closed to cut off a flow of water through the combi radiator wherein Feldmeier discloses a processor unit (shown by control electronics 32) including a memory or storage (40) for controlling the electrical radiator system (via a thermal switch 26) and/or the central radiator/heating system via the valve 18. But, Feldmeier does not explicitly disclose the central radiator/heating system delivering hot water, and the management method that comprises or acquires a predefined table wherein the management method includes steps that are repeated for each day and for each period taken from a predetermined period wherein a predetermined indication is acquired from the predefined table to activate the electrical radiation system, the hot-water radiator system, or both the electrical radiator system and the hot-water radiator system as claimed.
Martin discloses it is known for a central heating system including a boiler that provides a hot water to a radiator (8) for space heating, and it would have been obvious to one of ordinary skill in the art to adapt Feldmeier with the central radiator/heating system that delivers hot water to the combi radiator that predictably provides spacing heating via the hot water for the comfort of the user as known in the art.
Knoeppel shows it is known to provide a management method performed by a processor (160) having a memory (207) that stores a predefined table shown by a user defined-schedule (para 0028) having steps that are repeated for each current/given day with a current/time period from a predetermined period that is set by at least one successive period defined in a day (also see para 0028 discloses a successive period in a day such as 6 am to 8 am, and 5 pm to 7 pm on given/current days which are Monday-Friday) with a predetermination indication (e.g., time periods) that is acquired from the predetermined table (schedule) wherein the predetermined indication is associated with the activation of the heating elements (140/145 which can be electric heating and/or gas heating; para 0019 and 0029) to produce a desired temperature output. Thus, in view of Knoeppel, it would have been obvious to one of ordinary skill in the art to adapt Feldmeier with the management method that includes the memory that stores or acquires a predefined table such as a user defined schedule that allows steps that are repeated for each day and for each period of time to meet the desired heating output of temperatures wherein such predefined schedule or table would allow the electrical radiator system and the hot-water radiator system of Feldmeier to predictably produce a desired heating output of the combi radiator at the desired time or day set by the user acquired from the predefined table (e.g., schedule).
Lesage shows it is known to provide a management control of an electric heating system (e.g., an electric heater) and another source of energy (e.g., gas energy) wherein the management method further includes selecting the electric heating system, or the gas energy, or both wherein the selection can be programmed that depends on an availability of energy or cost associated with the energy sources that are respectively provided to an first electrical system and a hot-water radiator system (para 0021-0022). And, it would have been obvious to one of ordinary skill in the art to adapt Feldmeier with the management method that includes a selection of a first indication associated with the electrical radiator system, or a second indication associated with the hot-water radiator system (which is disclosed using gas energy), or a third indication associated with both the electrical radiator system and the hot-water system to produce the desired heating output that depends on the desired heating output temperatures for the user’s need or demands wherein the activation device or the gas valve would be controlled as a function of the predetermined indication (i.e., scheduling or time period as taught by Knoeppel) that depends on the selection or activate of the electric radiator system and/or the hot-water radiator system based on the cost as taught by Lesage.
With respect to claim 2, Feldmeier discloses the processor (32) that can control the valve to open or close wherein the valve can be opened permanently with the activation of the hot-water radiator system as desired by the user to keep the combi radiator to be operated with hot-water of the hot-water radiator system permanently.
With respect to claim 3, Knoeppel discloses the predetermined indication is associated with the time periods on a given/current day. Also, see para 0028,
With respect to claim 4, Lesage discloses for a predetermined indication that can be based on electricity tariffs or energy costs that enables either the electric heating system or the gas heating system (for the hot water radiator system), or both system can be selected and activated. Also, see para 0021.
With respect to claims 5-8, Lesage discloses for a controller (13) that can be controlled remotely by a utility provider for controlling and activating a gas valve (23) for gas heating and a switch (29) for electric heating wherein the controller can be controlled remotely or wireless by the utility provider via a wireless network communication to the controller/processor (para 0018), and it would have been obvious to one of ordinary skill in the art to adapt Feldmeier with the predefined table/schedule as taught by Knoeppel that can be further modified by an electricity/energy distribution system operator or utility provider so that the electric heating radiator system and/or the hot-water radiator system (using gas) can be either activated separately or together based on the minimal energy cost or energy tariffs that is also based on given time periods or hours (para 0002-0004, 0020, and 0021) for saving purposes as known in the art.
With respect to claim 9, Knoeppel discloses for the predefined table, shown by a schedule table, that is can be modified locally by a user via a user input/output device (217). Also, see para 0028.
With respect to claim 10, Feldmeier discloses the equipment claimed including a first communication module (shown by supply lines 30) arranged to communicate with a combi radiator (10), a processor unit (32) including a memory/storage (42) to operate or perform an activation of the electrical radiator system (via a switch 26) and the valve (18) via the first communication module, but Feldmeier does not show the memory storing a predefined table.
Knoeppel shows it is known to provide a management method performed by a processor (160) having a memory (207) that stores a predefined table (a user defined-schedule; para 0028) having steps that are repeated for each current/given day with a current/time period from a predetermined period that is set by at least one successive period defined in a day (also see para 0028 discloses a successive period in a day such as 6 am to 8 am, and 5 pm to 7 pm on given/current days which are Monday-Friday) with a predetermination indication (e.g., time periods) that is acquired from the predetermined table (schedule) wherein the predetermined indication is associated with the activation of the heating elements (140/145 which can be electric heating and/or gas heating; para 0019 and 0029) to produce a desired temperature output.
Thus, in view of Knoeppel, it would have been obvious to one of ordinary skill in the art to adapt Feldmeier with the management method that includes the memory that stores a predefined table such as a user defined schedule that allows the electrical radiator system and the hot-water radiator system of Feldmeier to predictably produce a desired heating output of the combi radiator at the desired time or day set by the user acquired from the predefined table (e.g., schedule).
With respect to claim 11, Lesage discloses for a second communication module including a wireless transmission from the utility provider or the electricity DSO wherein the predefined table/schedule as taught by Knoeppel that can be further modified by an electricity/energy distribution system operator or utility provider so that the electric heating radiator system and/or the hot-water radiator system (using gas) can be either activated separately or together based on the minimal energy cost or energy tariffs based on given time periods or hours (para 0002-0004, 0020, and 0021) for saving purposes as known in the art.
With respect to claim 12, Knoeppel discloses a third communication which is shown by a local communication including a wire bus system or a wireless signal (para 0026) by which the predefined table (e.g., schedule) can be modified locally via a user input device (217). Also, see para 0028.
With respect to claim 14, Feldmeier shows the equipment being a combi radiator (10).
With respect to claim 16, Feldmeier discloses a management method claimed for managing at least one combi radiator (10) comprising both an electrical radiator system (shown by an electrical radiator heating element 24) and a central radiator/heating system (12) supplying water, the central radiator/heating system including a valve (18) to be selectively closed to cut off a flow of water through the combi radiator wherein Feldmeier discloses a processor unit (shown by control electronics 32) including a memory or storage (40) for controlling the electrical radiator system (via a thermal switch 26) and/or the central radiator/heating system via the valve 18. But, Feldmeier does not explicitly disclose a non-transitory computer readable storage medium storing a computer program including instructions for the processor unit to execute steps of the management method, the central radiator/heating system delivering hot water, and the management method that comprises a predefined table wherein the steps that are repeated for each day and for each period taken from a predetermined period wherein a predetermined indication is acquired from the predefined table to activate the electrical radiation system, the hot-water radiator system, or both the electrical radiator system and the hot-water radiator system as claimed.
Martin discloses it is known for a central heating system including a boiler that provides a hot water to a radiator (8) for space heating.
And, it would have been obvious to one of ordinary skill in the art to adapt Feldmeier with the central radiator/heating system that delivers hot water to the combi radiator that predictably provides spacing heating via the hot water for the comfort of the user as known in the art
Knoeppel shows it is known to provide a management method performed by an electronic processor (160) accessing programs and algorithm (para 0021 and 0022) with a memory (207) that stores a predefined table, shown by a user defined-schedule (para 0028) having steps that are repeated for each current/given day with a current/time period from a predetermined period that is set by at least one successive period defined in a day (also see para 0028 discloses a successive period in a day such as 6 am to 8 am, and 5 pm to 7 pm on given/current days which are Monday-Friday) with a predetermination indication (e.g., time periods) that is acquired from the predetermined table (schedule) wherein the predetermined indication is associated with the activation of the heating elements (140/145 which can be electric heating and/or gas heating; para 0019 and 0029) to produce a desired temperature output.
Thus, in view of Knoeppel, it would have been obvious to one of ordinary skill in the art to adapt Feldmeier with the processor unit shown by a control electronics (32) that can be computer programmed with algorithms or instructions to predictably execute the management method automatically wherein the processor would include the memory that stores a predefined table such as a user defined schedule that allows steps that are repeated for each day and for each period of time to meet the desired heating output of temperatures wherein such predefined schedule or table would allow the electrical radiator system and the hot-water radiator system of Feldmeier to predictably produce a desired heating output of the combi radiator at the desired time or day set by the user acquired from the predefined table (e.g., schedule).
Lesage shows it is known to provide a management control of an electric heating system (e.g., an electric heater) and another source of energy (e.g., gas energy) wherein the management method further includes selecting the electric heating system, or the gas energy, or both wherein the selection can be programmed that depends on an availability of energy or cost associated with the energy sources that are respectively provided to an first electrical system and a hot-water radiator system (para 0021-0022). And, it would have been obvious to one of ordinary skill in the art to adapt Feldmeier with the management method that includes a selection of a first indication associated with the electrical radiator system, or a second indication associated with the hot-water radiator system (which is disclosed using gas energy), or a third indication associated with both the electrical radiator system and the hot-water system to produce the desired heating output that depends on the desired heating output temperatures for the user’s need or demands wherein the activation device or the gas valve would be controlled as a function of the predetermined indication (i.e., scheduling or time period as taught by Knoeppel) that depends on the selection or activate of the electric radiator system and/or the hot-water radiator system based on the cost as taught by Lesage.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feldmeier in view of Martin, Knoeppel, and Lesage as applied to claims 1-12, 14 and 16, and further in view of Levene (US 2022/0364752).
Feldmeier in view of Martin, Knoeppel, and Lesage shows the equipment claimed including a utility providing a multi-utility including gas and electricity (para 0020 of Lesage) but does not explicitly show an electricity meter and/or a gas meter.
Levene shows it is known in the art for a utility provided that includes meters (13) for monitoring consumption of energy that include electricity as well as gas energy (para 0009).
In view of Levene, it would have been obvious to one of ordinary skill in the art to adapt Feldmeier, as modified by Martin, Knoeppel, and Lesage with the equipment or combi radiator of Martin that is further connected to an electricity or gas meter as taught by Levene to predictably determine its energy consumption to gauge how much energy is used.
Response to Arguments
Applicant's arguments filed 2/26/2026 have been fully considered but they are not persuasive.
Applicant argues that the obviousness rejection is based on an impermissible hindsight reconstruction of the claimed invention wherein Felmeier does not disclose proactive time based economic optimization wherein Knoeppel and Lesage are concerned with another technical field such as domestic hot water and not for space heating radiators. Applicant further argues that Knoeppel is related for “accelerated heating” to meet periods of “expected high water demand” and Lesage is related to managing a dual-energy water heater to reduce demand on the electric and gas grid.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). It is noted that both Knoeppel and Lesage are related to operating heating system for energy efficient manner that reduces energy usage for its cost effectiveness (see para 0038 of Knoeppel, and para 0004 and 0020 of Lesage) which relates to economic optimization as argued by Applicant and thus the combination based on economic optimization is proper based on known knowledge gleaned from the prior art.
Also, it is noted that Martin is applied to show that a boiler or water heater can be used to provide hot water to a radiator system for space heating wherein using a boiler or hot water heater for providing hot water for space radiator is known wherein such combination is proper rationale based on combining prior art elements according to known methods that yields predictable result (MPEP 2143).
With regard to “a predefined table”, Applicant argues that such table is not merely a schedule as taught by Knoeppel, and Applicant further argues that a predefined table of the present application is associated with specific time periods for purposes of optimizing energy cost based on varying tariffs wherein Knoeppel is merely related to time windows of high demand to trigger a single preprogrammed accelerated heating mode. It is noted that while Knoeppel discloses for accelerated heating, Knoeppel is concerned about an energy efficiency or costs associated with energy use (para 0038) wherein the combination with Lesage which further illustrates cost associated with energy usage (that depends on peak/non peak hours; para 0004 and 0020 of Lesage) would also the schedule or time table as shown Knoeppel would be further modified to meet the accelerated heating demands but also based on the cost as taught by Lesage as both Knoeppel and Lesage are both concerned for lowering cost of the usage.
Thus, the Applicant’s arguments are not deemed persuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/SANG Y PAIK/Primary Examiner, Art Unit 3761