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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claims 1 and 11: “an auxiliary heat source device for burning fuel and heating hot water to be supplied”
Claim 1: “a control device that controls the heat pump unit and the auxiliary heat source device”
Claims 9-10: “a solar power generation device connected to the heat pump unit as the driving source”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
With regards to the auxiliary heat source device of 1, 3-4, 7-8, 11, and 13-16, the corresponding structure described in [0023] of the specification is a combustion-type instant water heater.
With regards to the control device of claims 1-6 and 9-10, the corresponding structure described in the specification as performing the claimed function is a controller, since para. 0033 of the as-filed Specification states “The controller 100 corresponds to an embodiment of “control device”, and Fig. 1 assigns number 100 to the controller.
With regards to the a solar power generation device of claims 9-10, the written disclosure and figures don’t clearly indicate what the corresponding structure of the solar power generation device is. The drawings don’t illustrate any solar power generation device, and at best, paragraph [0071] mentions the solar power generation device but don’t clearly indicate any clear or known structure outside of saying “a small-scale power generation device such as a solar power generation device”.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 9-10 is 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.
The claim limitation “operating with electrical energy generated by a solar power generation device” of claim 9-10 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. See the 112(f) Claim Interpretation section, above, for further explanation.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 9-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 9-10 recite the limitation “operating with electrical energy generated by a solar power generation device”.
As noted in the 112(f) Claim Interpretation section, above, the disclosure doesn’t indicate what the corresponding structure of the solar power generation device is.
For this reason, the claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the art that the Applicant had possession of the claimed invention at the time of filing.
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, 3, 7, 9, 11, 13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakano (JP6086014B2), referring to the English translation dated 03/16/2026, in view of Nishikawa (WO2022044750A1), referring to the English translation dated 03/16/2026, and Kuboi (JP2011012941A), referring to the English translation dated 03/16/2026.
Regarding claim 1, Nakano teaches
a hot water supply apparatus (fig. 1), comprising:
a heat pump unit that operates with electrical energy as a driving source (heat pump operation system 2; “a heat pump type hot water storage device for storing heat as hot water stored in a hot water storage tank by driving operation using electric energy as a driving source” [0007]);
a hot water storage tank that stores hot water heated by the heat pump unit (hot water storage tank 3);
a hot water supply circuit that supplies hot water from the hot water storage tank (hot water supply passage 5);
an auxiliary heat source device for burning fuel and heating hot water to be supplied in response to a stored hot water heat amount of the hot water storage tank being insufficient for a heat amount used for hot water supply (“The hot water supply passage 5 is composed of an auxiliary heating passage 51 to which the hot water discharged from the top portion of the hot water storage tank 3 is supplied for auxiliary heating to the instantaneous heating type combustion water heater 6”) [0022]; and
a control device that controls the heat pump unit and the auxiliary heat source device (controller 10), wherein the control device
calculates a predicted heat amount used for hot water supply for each unit time period based on a past usage record of hot water supply (“The actual heat load measuring means 12 is for measuring the actual value (actual heat load) of the amount of heat used (the amount of hot water used) by the heat load operating systems 5, 8, 9, and stores the information on the measured actual heat load as And stores it in the actual heat load storing means 13 and predicts the heat load usage amount on and after the next day on the basis of the information on the actual heat load by the heat load predicting means 14”) [0029], and
Nakano does not teach
estimates an error distribution of an actual heat amount used for hot water supply with respect to the predicted heat amount used for hot water supply,
calculates an expected value of loss in a target index, caused by a hot water storage operation of the heat pump unit and a combustion operation of the auxiliary heat source device in response to generating the actual heat amount used for hot water supply, using the estimated error distribution
obtains an optimal stored hot water heat amount that minimizes the expected value of loss, and controls the heat pump unit so that the hot water storage tank stores the optimal stored hot water heat amount
Nishikawa teaches
estimates an error distribution of an actual heat amount used for hot water supply with respect to the predicted heat amount used for hot water supply (“when creating a hot water storage plan, a large margin Smrg value is set so as to compensate for the prediction error of the hot water supply demand forecasting unit 13 and the estimation error of the amount of hot water used for creating the demand forecast model M1. In many cases, a hot water storage plan for each unit time is created. Therefore, in reality, there is a possibility that the plan (in many cases, excess) tends to be excessive or insufficient. On the other hand, in the present embodiment, an appropriate margin amount Smrg, that is, a safety value S2 is set by the method described below” [0024]; set margin amount Smrg reads on estimated error distribution),
calculates an expected value of loss in a target index, caused by a hot water storage operation in response to generating the actual heat amount used for hot water supply (“The power consumption prediction unit 15 accurately predicts the power consumption required for the water heater” [0031]; power consumption used reads on value of loss in a target index), using the estimated error distribution (“When creating a charge plan for power to the storage battery, the surplus storage amount R'is calculated by subtracting the daily discharge amount from the daily charge amount by the function corresponding to the margin setting unit 14” [0045]; “With the functions of the power consumption prediction unit 15 and the power consumption correction unit 17, it is possible to create a hot water storage plan that optimizes the power consumption based on a more accurate power consumption” [0041])
obtains an optimal stored hot water heat amount that minimizes the expected value of loss, and controls the heat pump unit so that the hot water storage tank stores the optimal stored hot water heat amount (“Create a hot water storage plan so that power consumption is minimized The criteria (policy) for creating a hot water storage plan is not only to keep the hot water running out and to reduce the amount of remaining hot water as much as possible. For example, it is conceivable to create a hot water storage plan from the viewpoint of minimizing the power consumption (electric power cost) required for boiling water” [0031])
Nakano teaches a hot water supply apparatus comprising a heat pump unit and auxiliary heat source which calculates a predicted heat amount used for hot water supply for each unit time period based on a past usage record of hot water supply as claimed, however does not explicitly teach the subsequent estimation and calculation as claimed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the hot water storage plan of Nishikawa to Nakano, in order to “minimizing the power consumption (electric power cost) required for boiling water” [0031], thus reducing energy use and cost for a user.
Additionally, Kuboi teaches “The hybrid hot water supply system further includes a calculation unit that calculates a threshold value by calculation, and an input unit that inputs information necessary for calculation by the calculation unit, and the calculation unit calculates a threshold value based on running cost. When calculating a threshold value based on energy savings based on the energy unit price of the heat pump type water heater and the energy unit price of the combustion type water heater, the primary conversion energy consumed by the heat pump type water heater and the combustion type” [0011]. Thus, while Nishikawa teaches estimating an error distribution of an actual heat amount used for hot water supply, calculating an expected value of loss in a target index, and obtains an optimal stored hot water heat amount, Nishikawa applies to a system comprising only a water storage tank instead of a heat pump and auxiliary heater. Therefore, in light of the teachings of Kuboi, which discloses calculating a threshold value, of the heat pump type water heater as well as combustion type water heater based on energy unit price of each, when applying this control system of Nishikawa to Nakano, the power/cost value calculations would comprise the power/cost of both the heat pump type water heater and combustion type water heater. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to calculate the power/cost calculations in view of both the heat pump type water heater and combustion type water heater, as taught in Kuboi, in the system of Nakano, as modified, in order to more accurately estimate the total energy usage of the entire system, including the auxiliary heater.
Therefore, the combination teaches
calculates an expected value of loss in a target index, caused by a hot water storage operation of the heat pump unit and a combustion operation of the auxiliary heat source device in response to generating the actual heat amount used for hot water supply (power consumption prediction unit 15 of Nishikawa as applied in Nakano, I view of Kuboi as taught above)
Regarding claim 3, Nakano, as modified, teaches the hot water supply apparatus according to claim 1,
wherein the control device uses cost associated with an operation of the heat pump unit and an operation of the auxiliary heat source device as the target index (“For example, it is conceivable to create a hot water storage plan from the viewpoint of minimizing the power consumption (electric power cost) required for boiling water” [0031 of Nishikawa])
Regarding claim 7, Nakano, as modified, teaches the hot water supply apparatus according to claim 3,
wherein the cost associated with the operation of the heat pump unit comprises at least one of primary energy consumption in the heat pump unit, purchase cost of electrical energy, and an amount of CO2 generated by electrical energy, and the cost associated with the operation of the auxiliary heat source device comprises at least one of primary energy consumption in the auxiliary heat source device, purchase cost of fuel, and an amount of CO2 generated by combustion of fuel (“For example, it is conceivable to create a hot water storage plan from the viewpoint of minimizing the power consumption (electric power cost) required for boiling water” [0031 of Nishikawa])
Regarding claim 9, Nakano, as modified, teaches the hot water supply apparatus according to claim 7,
wherein in response to the heat pump unit operating with electrical energy transmitted from a power plant as the driving source, the control device sets the cost associated with the operation of the heat pump unit using primary energy consumption based on power generation efficiency of the power plant, power transmission and distribution loss from the power plant, and a coefficient of performance of the heat pump unit (as described in [0033] of Nakano comprising “power transmission efficiency”, “HP effective heat quantity (kcal / h) is the activation loss of the heat pump operation system 2, the recovery loss, and the heat dissipation loss Is an effective heat quantity obtained by operating operation of the heat pump operation system 2 in consideration” and “COP”), and in response to the heat pump unit operating with electrical energy generated by a solar power generation device connected to the heat pump unit as the driving source, the control device sets the cost associated with the operation of the heat pump unit using primary energy consumption based on the coefficient of performance of the heat pump unit (Nakano teaches solar as an energy source in [0005], however, since Nakano does not teach calculating energy consumption differently based on different energy sources in [0033], the amount of energy consumed by the heat pump is thus calculated in the same way for a solar energy source, which is based on a formula including “COP” in [0033], thus reading on the claim)
Regarding claim 11, Nakano teaches
a control method for controlling a hot water storage operation in a hot water supply apparatus (fig. 1) which comprises:
a heat pump unit that operates with electrical energy as a driving source (heat pump operation system 2; “a heat pump type hot water storage device for storing heat as hot water stored in a hot water storage tank by driving operation using electric energy as a driving source” [0007]);
a hot water storage tank that stores hot water heated by the heat pump unit (hot water storage tank 3);
a hot water supply circuit that supplies hot water from the hot water storage tank (hot water supply passage 5); and
an auxiliary heat source device for burning fuel and heating hot water to be supplied in response to a stored hot water heat amount of the hot water storage tank being insufficient for a heat amount used for hot water supply (“The hot water supply passage 5 is composed of an auxiliary heating passage 51 to which the hot water discharged from the top portion of the hot water storage tank 3 is supplied for auxiliary heating to the instantaneous heating type combustion water heater 6”) [0022], the control method comprising:
calculating a predicted heat amount used for hot water supply for each unit time period based on a past usage record of hot water supply (“The actual heat load measuring means 12 is for measuring the actual value (actual heat load) of the amount of heat used (the amount of hot water used) by the heat load operating systems 5, 8, 9, and stores the information on the measured actual heat load as And stores it in the actual heat load storing means 13 and predicts the heat load usage amount on and after the next day on the basis of the information on the actual heat load by the heat load predicting means 14”) [0029];
Nakano teaches
estimating an error distribution of an actual heat amount used for hot water supply with respect to the predicted heat amount used for hot water supply;
calculating an expected value of loss in a target index, caused by a hot water storage operation of the heat pump unit and a combustion operation of the auxiliary heat source device in response to generating the actual heat amount used for hot water supply, using the estimated error distribution;
calculating an optimal stored hot water heat amount that minimizes the expected value of loss; and controlling the heat pump unit so that the hot water storage tank stores the optimal stored hot water heat amount
Nishikawa teaches
estimating an error distribution of an actual heat amount used for hot water supply with respect to the predicted heat amount used for hot water supply (“when creating a hot water storage plan, a large margin Smrg value is set so as to compensate for the prediction error of the hot water supply demand forecasting unit 13 and the estimation error of the amount of hot water used for creating the demand forecast model M1. In many cases, a hot water storage plan for each unit time is created. Therefore, in reality, there is a possibility that the plan (in many cases, excess) tends to be excessive or insufficient. On the other hand, in the present embodiment, an appropriate margin amount Smrg, that is, a safety value S2 is set by the method described below” [0024]; set margin amount Smrg reads on estimated error distribution);
calculating an expected value of loss in a target index, caused by a hot water storage operation in response to generating the actual heat amount used for hot water supply (“The power consumption prediction unit 15 accurately predicts the power consumption required for the water heater” [0031]; power consumption used reads on value of loss in a target index), using the estimated error distribution (“When creating a charge plan for power to the storage battery, the surplus storage amount R'is calculated by subtracting the daily discharge amount from the daily charge amount by the function corresponding to the margin setting unit 14” [0045]; “With the functions of the power consumption prediction unit 15 and the power consumption correction unit 17, it is possible to create a hot water storage plan that optimizes the power consumption based on a more accurate power consumption” [0041]);
calculating an optimal stored hot water heat amount that minimizes the expected value of loss; and controlling the heat pump unit so that the hot water storage tank stores the optimal stored hot water heat amount (“Create a hot water storage plan so that power consumption is minimized The criteria (policy) for creating a hot water storage plan is not only to keep the hot water running out and to reduce the amount of remaining hot water as much as possible. For example, it is conceivable to create a hot water storage plan from the viewpoint of minimizing the power consumption (electric power cost) required for boiling water” [0031])
Nakano teaches a hot water supply apparatus comprising a heat pump unit and auxiliary heat source which calculates a predicted heat amount used for hot water supply for each unit time period based on a past usage record of hot water supply as claimed, however does not explicitly teach the subsequent estimation and calculation as claimed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the hot water storage plan of Nishikawa to Nakano, in order to “minimizing the power consumption (electric power cost) required for boiling water” [0031], thus reducing energy use and cost for a user.
Additionally, Kuboi teaches “The hybrid hot water supply system further includes a calculation unit that calculates a threshold value by calculation, and an input unit that inputs information necessary for calculation by the calculation unit, and the calculation unit calculates a threshold value based on running cost. When calculating a threshold value based on energy savings based on the energy unit price of the heat pump type water heater and the energy unit price of the combustion type water heater, the primary conversion energy consumed by the heat pump type water heater and the combustion type” [0011]. Thus, while Nishikawa teaches estimating an error distribution of an actual heat amount used for hot water supply, calculating an expected value of loss in a target index, and obtains an optimal stored hot water heat amount, Nishikawa applies to a system comprising only a water storage tank instead of a heat pump and auxiliary heater. Therefore, in light of the teachings of Kuboi, which discloses calculating a threshold value, of the heat pump type water heater as well as combustion type water heater based on energy unit price of each, when applying this control system of Nishikawa to Nakano, the power/cost value calculations would comprise the power/cost of both the heat pump type water heater and combustion type water heater. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to calculate the power/cost calculations in view of both the heat pump type water heater and combustion type water heater, as taught in Kuboi, in the system of Nakano, as modified, in order to more accurately estimate the total energy usage of the entire system, including the auxiliary heater.
Therefore, the combination teaches
calculating an expected value of loss in a target index, caused by a hot water storage operation of the heat pump unit and a combustion operation of the auxiliary heat source device in response to generating the actual heat amount used for hot water supply (power consumption prediction unit 15 of Nishikawa as applied in Nakano, I view of Kuboi as taught above)
Regarding claim 13, Nakano teaches the control method according to claim 11,
wherein calculating the expected value of loss comprises: calculating cost that is lost due to generation of the actual heat amount used for hot water supply using cost associated with an operation of the heat pump unit and an operation of the auxiliary heat source device as the target index (“For example, it is conceivable to create a hot water storage plan from the viewpoint of minimizing the power consumption (electric power cost) required for boiling water” [0031 of Nishikawa]); and
calculating the expected value of loss using the cost that is lost and the error distribution (“When creating a charge plan for power to the storage battery, the surplus storage amount R'is calculated by subtracting the daily discharge amount from the daily charge amount by the function corresponding to the margin setting unit 14” [0045 of Nishikawa]; “With the functions of the power consumption prediction unit 15 and the power consumption correction unit 17, it is possible to create a hot water storage plan that optimizes the power consumption based on a more accurate power consumption” [0041 of Nishikawa]; thus, utilizes error distribution)
Regarding claim 15, Nakano, as modified, teaches the control method according to claim 13,
wherein the cost associated with the operation of the heat pump unit comprises at least one of primary energy consumption in the heat pump unit, purchase cost of electrical energy, and an amount of CO2 generated by electrical energy, and the cost associated with the operation of the auxiliary heat source device comprises at least one of primary energy consumption in the auxiliary heat source device, purchase cost of fuel, and an amount of CO2 generated by combustion of fuel (“For example, it is conceivable to create a hot water storage plan from the viewpoint of minimizing the power consumption (electric power cost) required for boiling water” [0031])
Claim(s) 2, 4, 8, 10, 12, 14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakano (JP6086014B2), referring to the English translation dated 03/16/2026, in view of Nishikawa (WO2022044750A1), referring to the English translation dated 03/16/2026, and Kuboi (JP2011012941A), referring to the English translation dated 03/16/2026, in further view of Zhu (CN108317733A), referring to the English translation dated 03/16/2026.
Regarding claim 2, Nakano, as modified, does not explicitly teach the hot water supply apparatus according to claim 1,
wherein the control device estimates the error distribution on an assumption that an error of the actual heat amount used for hot water supply with respect to the predicted heat amount used for hot water supply follows a normal distribution
Zhu teaches
wherein the control device estimates the error distribution on an assumption that an error of the actual heat amount used for hot water supply with respect to the predicted heat amount used for hot water supply follows a normal distribution (“Finally, the system takes the weighted average according to the obtained detection value, and the weight can satisfy the normal distribution to reduce the fluctuation of the data and increase the reliability of the system liquid level measurement”) [00129]
Nakano, as modified, teaches the hot water supply apparatus according to claim 1 however does not explicitly teach assuming an error of the actual heat amount follows a normal distribution. Zhu teaches a hot water system wherein the system comprises a liquid level detection unit, wherein the unit takes a weighted average according to the obtained detection value which satisfies the normal distribution. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the normal distribution system of Zhu to the hot water supply demand forecasting unit 13 of Nishikawa, as applied to Nakano, since the normal distribution will “reduce the fluctuation of the data and increase the reliability of the system” [00129 of Zhu].
Regarding claim 4, Nakano, as modified, teaches the hot water supply apparatus according to claim 2,
wherein the control device uses cost associated with an operation of the heat pump unit and an operation of the auxiliary heat source device as the target index (“For example, it is conceivable to create a hot water storage plan from the viewpoint of minimizing the power consumption (electric power cost) required for boiling water” [0031 of Nishikawa])
Regarding claim 8, Nakano, as modified, teaches the hot water supply apparatus according to claim 4,
wherein the cost associated with the operation of the heat pump unit comprises at least one of primary energy consumption in the heat pump unit, purchase cost of electrical energy, and an amount of CO2 generated by electrical energy, and the cost associated with the operation of the auxiliary heat source device comprises at least one of primary energy consumption in the auxiliary heat source device, purchase cost of fuel, and an amount of CO2 generated by combustion of fuel (“For example, it is conceivable to create a hot water storage plan from the viewpoint of minimizing the power consumption (electric power cost) required for boiling water” [0031 of Nishikawa])
Regarding claim 10, Nakano, as modified, teaches the hot water supply apparatus according to claim 8,
wherein in response to the heat pump unit operating with electrical energy transmitted from a power plant as the driving source, the control device sets the cost associated with the operation of the heat pump unit using primary energy consumption based on power generation efficiency of the power plant, power transmission and distribution loss from the power plant, and a coefficient of performance of the heat pump unit (as described in [0033] of Nakano comprising “power transmission efficiency”, “HP effective heat quantity (kcal / h) is the activation loss of the heat pump operation system 2, the recovery loss, and the heat dissipation loss Is an effective heat quantity obtained by operating operation of the heat pump operation system 2 in consideration” and “COP”), and in response to the heat pump unit operating with electrical energy generated by a solar power generation device connected to the heat pump unit as the driving source, the control device sets the cost associated with the operation of the heat pump unit using primary energy consumption based on the coefficient of performance of the heat pump unit (Nakano teaches solar as an energy source in [0005], however, since Nakano does not teach calculating energy consumption differently based on different energy sources in [0033], the amount of energy consumed by the heat pump is thus calculated in the same way for a solar energy source, which is based on a formula including “COP” in [0033], thus reading on the claim)
Regarding claim 12, Nakano, as modified, does not teach the control method according to claim 11,
wherein estimating the error distribution comprises estimating the error distribution on an assumption that an error of the actual heat amount used for hot water supply with respect to the predicted heat amount used for hot water supply follows a normal distribution
Zhu teaches
wherein estimating the error distribution comprises estimating the error distribution on an assumption that an error of the actual heat amount used for hot water supply with respect to the predicted heat amount used for hot water supply follows a normal distribution (“Finally, the system takes the weighted average according to the obtained detection value, and the weight can satisfy the normal distribution to reduce the fluctuation of the data and increase the reliability of the system liquid level measurement”) [00129]
Nakano, as modified, teaches the hot water supply apparatus according to claim 1 however does not explicitly teach assuming an error of the actual heat amount follows a normal distribution. Zhu teaches a hot water system wherein the system comprises a liquid level detection unit, wherein the unit takes a weighted average according to the obtained detection value which satisfies the normal distribution. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the normal distribution system of Zhu to the hot water supply demand forecasting unit 13 of Nishikawa, as applied to Nakano, since the normal distribution will “reduce the fluctuation of the data and increase the reliability of the system” [00129 of Zhu].
Regarding claim 14, Nakano, as modified, teaches the control method according to claim 12,
wherein calculating the expected value of loss comprises: calculating cost that is lost due to generation of the actual heat amount used for hot water supply using cost associated with an operation of the heat pump unit and an operation of the auxiliary heat source device as the target index (“For example, it is conceivable to create a hot water storage plan from the viewpoint of minimizing the power consumption (electric power cost) required for boiling water” [0031 of Nishikawa]); and
calculating the expected value of loss using the cost that is lost and the error distribution (“When creating a charge plan for power to the storage battery, the surplus storage amount R'is calculated by subtracting the daily discharge amount from the daily charge amount by the function corresponding to the margin setting unit 14” [0045 of Nishikawa]; “With the functions of the power consumption prediction unit 15 and the power consumption correction unit 17, it is possible to create a hot water storage plan that optimizes the power consumption based on a more accurate power consumption” [0041 of Nishikawa]; thus, utilizes error distribution)
Regarding claim 16, Nakano, as modified, teaches the control method according to claim 14,
wherein the cost associated with the operation of the heat pump unit comprises at least one of primary energy consumption in the heat pump unit, purchase cost of electrical energy, and an amount of CO2 generated by electrical energy, and the cost associated with the operation of the auxiliary heat source device comprises at least one of primary energy consumption in the auxiliary heat source device, purchase cost of fuel, and an amount of CO2 generated by combustion of fuel (“For example, it is conceivable to create a hot water storage plan from the viewpoint of minimizing the power consumption (electric power cost) required for boiling water” [0031])
Allowable Subject Matter
Claims 5-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for indicating allowable subject matter: the subject matter not found includes “wherein the control device calculates cost that is lost in a case where the stored hot water heat amount of the hot water storage tank is less than the actual heat amount used for hot water supply and in a case where the stored hot water heat amount of the hot water storage tank is greater than the actual heat amount used for hot water supply, and calculates the expected value of loss using the calculated cost that is lost and the estimated error distribution”, in combination with the other elements of the claim. The closest art of record is Nakano in view of Nishikawa and Kuboi, as applied in the office action, however, while Nishikawa teaches setting lower and upper error limits (“For example, as the simplest example, the hot water storage plan creation unit 18 sets the lower limit value S1 for running out of hot water”) [0024 of Nishikawa]; upper limit S2 shown on fig. 6), it does not explicitly teach calculating cost in each of these cases. A modification to include this claim language would have been non-obvious to one of ordinary skill in the art, and no other prior art was found to teach the claim in its entirety.
Conclusion
The prior art of record not relied upon includes:
Konowalczyk (WO2022168043A1), which teaches a similar hot water supply apparatus as that claimed
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/BRETT P. MALLON/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762