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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/3/2025 was filed on or after the mailing date of the application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
Reference character “112” has been used to designate both a “thermal storage unit” and “PCM” in at least 0051 and 0052.
Appropriate correction is required.
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, 10, 12, 16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bernstein (US4034801).
Regarding Claims 1 and 18, Bernstein teaches a modular HVAC-SHW system [fig 1] comprising: a heating, ventilation and air conditioning (HVAC) unit configured in an area of interest (AOI) [col 6, lines 56-66; figs 1 & 3];
a sanitary or domestic hot water (SHW/DHW) unit [108] configured in the AOI [col 8, lines 6-15; fig 1]; and
an air-to-water heat pump (AWHP) unit [88] fluidically connected to the HVAC unit and the SHW/DHW unit [108] through a water-to-water heat pump (WWHP) [114; col 7, lines 22-43; fig 1], wherein the AWHP unit is configured to enable the exchange of heat between environment and the WWHP [col 7, lines 22-43; fig 1], and the WWHP is configured to enable the exchange of heat between any of the AWHP unit, the HVAC unit, and the SHW/DHW unit [col 7, lines 22-43; fig 1].
For clarity, in regard to Claim 18, the method as claimed is carried out during the normal operation of the apparatus of Bernstein.
Regarding Claim 10, Bernstein teaches the invention of claim 1 above and Bernstein teaches wherein the heat rejected by the HVAC unit into the WWHP unit is supplied to the SHW/DHW unit or is supplied to the HVAC unit to provide reheat for the HVAC unit [col 12, lines 42-56].
Regarding Claim 12, Bernstein teaches the invention of claim 1 above and Bernstein teaches wherein the system comprises a three-way control valve [86] configured between the WWHP unit [at 108], an ambient loop (AL) return line [at least lines in loop 72], and AL supply line, wherein the AL supply line and the AL return line are fluidically connected between the AWHP unit and an ambient water flow of the AOI, wherein, the three-way control valve is actuated to select source water from the AL supply line or the AL return line based on temperatures to produce optimum operational efficiency [col 6, line 56-col 7, line 43; fig 1].
Regarding Claim 16, Bernstein teaches the invention of claim 12 above and Bernstein teaches wherein the heat rejected by the HVAC units into the corresponding first WWHP units is supplied to the one or more SHW/DHW units or to the one or more HVAC units to provide reheat for the corresponding HVAC units [col 12, lines 42-56].
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) 2, 3, 11, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bernstein (US4034801) in view of Alsadah et al. (US2020/0182558).
Regarding Claim 2, Bernstein teaches the invention of claim 1 above and Bernstein teaches wherein the system comprises a heat storage unit [110] configured between the WWHP [114] and the SHW unit [108], and wherein the heat storage unit comprises a water tank that is adapted to store heat provided by the WWHP and transfer the stored heat to the SHW/DHW unit [col 7, line 65-col 8, line 15; fig 1].
Bernstein does not teach wherein the heat storage unit comprises one or more of a phase-changing material.
However, Alsadah teaches a method for storing energy for heating and cooling of interior of buildings [0001] having wherein a heat storage unit [408] comprises one or more of a phase-changing material [0051] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. improves the efficiency of the system [0047].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Bernstein to have wherein the heat storage unit comprises one or more of a phase-changing material in view of the teachings of Alsadah where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. improves the efficiency of the system.
Regarding Claim 3, Bernstein, as modified, teaches the invention of claim 2 above and Bernstein teaches a set of conduits [at least 24, 70, 71, 72] connected between the AWHP unit [88] and the WWHP [114], the WWHP and the HVAC unit [30, 78, 80], the WWHP [114] and the SHW/DHW unit [108] and an energy recovery ventilator (ERV) or a heat recovery ventilator (HRV) [at least the components at “A”] and the HVAC unit, to fluidically and thermally connect the AWHP unit with the WWHP, the WWHP with the HVAC unit, the WWHP with the SHW/DHW unit, and the ERV with the HVAC unit [by inspection at fig 1]; and a set of valves [at least valve 44, 45, 86] configured in the set of conduits to control the flow rate and direction of fluid between the AWHP unit and the WWHP, the WWHP and the HVAC unit, the WWHP and the SHW/DHW unit, and the ERV or HRV and the HVAC unit [by inspection at fig 1; see also col 11, lines 21-33; where respective three-way valves can be gradually opened to control flow rate and can change the direction of a respective flow].
Regarding Claims 11 and 20, Bernstein teaches the invention of claims 1 and 18 above but does not teach where the system comprises a heat storage unit adapted to store heat or cold water provided by the WWHP unit and transfer the stored heat or cold water back to the HVAC unit based on cooling and heating requirement of the HVAC unit.
However, Alsadah teaches a method for storing energy for heating and cooling of interior of buildings [0001] having where the system comprises a heat storage unit adapted to store heat or cold water provided by the WWHP unit and transfer the stored heat or cold water back to the HVAC unit based on cooling and heating requirement of the HVAC unit [0051-0053] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. improves the efficiency of the system [0047].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Bernstein to have where the system comprises a heat storage unit adapted to store heat or cold water provided by the WWHP unit and transfer the stored heat or cold water back to the HVAC unit based on cooling and heating requirement of the HVAC unit in view of the teachings of Alsadah where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. improves the efficiency of the system.
For clarity, in regard to Claim 20, the method as claimed is carried out during the normal operation of the apparatus of Bernstein, as modified above.
Regarding Claim 19, Bernstein, as modified, teaches the invention of claim 18 above and Bernstein and Alsadah teaches wherein the method comprises the steps of: storing the heat provided by the at least one WWHP in a heat storage unit comprising a phase-changing material; and transferring the stored heat to the SHW/DHW units and/or to the HVAC units for reheating the HVAC units [see the rejections of claim 2 and claim 10 for specific teaching where the method as claimed are carried out during the normal operation of the modified system above].
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bernstein (US4034801, hereinafter “Bernstein”) and Alsadah et al. (US2020/0182558, hereinafter “Alsadah”) as applied to claim 3 above, and further in view of Toru et al. (JP2003269779A, hereinafter “Toru”).
Regarding Claim 4, Bernstein, as modified, teaches the invention of claim 3 above and Bernstein teaches wherein the system comprises: a set of temperature sensors configured with the AWHP unit, the WWHP, the HVAC unit, the SHW/DHW unit, and the thermal storage unit, to monitor the temperature of the fluid across the system and monitor the temperature of the AOI [col 8, line 64-col 9, line 8; col 10, line 6-68].
Bernstein does not teach a set of flow meters to monitor the flow rate and the direction of the fluid through the set of conduits.
However, Toru teaches an air conditioning facility having a flow rate control system [0001] having a flow meter [23] that monitors the flow rate and the direction of a fluid through a conduit [0016; where providing flow meters in the respective conduits require only routine skill in the art] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a flow meter having reduced cost [0021].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Bernstein to have a set of flow meters to monitor the flow rate and the direction of the fluid through the set of conduits in view of the teachings of Toru where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provides a flow meter having reduced cost.
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bernstein (US4034801), Alsadah and Toru as applied to claim 4 above, and further in view of Blanchard (US2019/0376715, hereinafter “Blanchard”).
Regarding Claim 5, Bernstein, as modified, teaches the invention of claim 4 above and teaches a controller [32, 34, 64] in communication with a set of temperature sensors [68, 92,94, 96], wherein the controller is configured to actuate at least one of the valves to enable the exchange of heat between one or more of the environments, the HVAC unit, and the SHW/DHW unit, to facilitate maintaining predefined temperatures in the room, and of the water supplied by the SHW/DHW unit [col 8, line 64-col 9, line 8; col 10, line 16-col 11, line 59].
Bernstein does not teach a set of relative humidity sensors.
However, Blanchard teaches a ventilation system [0002] have a relative humidity sensor [380; 0043] for the obvious advantage of monitoring humidity levels within the space.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Bernstein to have a set of relative humidity sensors in view of the teachings of Blanchard order to monitor humidity levels within the space.
Regarding Claim 6, Bernstein, as modified, teaches the invention of claim 5 above and Bernstein teaches wherein the system comprises an energy recovery ventilator (ERV) or a heat recovery ventilator (HRV) configured with the HVAC unit [see fig 1 where component “A” and component “B” are disclosed as the ERV and HVAC unit], the ERV or the HRV is operable to provide pre-conditioned ventilated air to the HVAC unit to keep the AOI pressurized at a predefined pressure [col 8, line 16-col 9, line 8].
For clarity, the limitation “to keep the AOI pressurized at a predefined pressure” has been interpreted as intended use. Additionally, Blanchard speaks to obtaining a predefined pressure at 0006.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bernstein (US4034801), Alsadah, Toru and Blanchard as applied to claim 6 above, and further in view of (Dickson et al. (US2018/0093900, hereinafter “Dickson”).
Regarding Claim 7, Bernstein, as modified, teaches the invention of claim 6 above but does not teach wherein one or more components of the system comprising the HVAC unit, the SHW/DHW unit, the WWHP unit, the thermal storage unit, and the ERV or the HRV are packaged within a single housing, and wherein the housing is adapted to be installed at a predefined position at the AOI.
However, Dickson teaches a mechanical, electrical and plumbing appliance [0004] having wherein one or more components of the system comprising the HVAC unit, the SHW/DHW unit, the WWHP unit, the thermal storage unit, and the ERV or the HRV are packaged within a single housing,[see 0065 where the system contains at least a heat pump 166 and hot water tank 158 in the housing shown in Fig 1J] and wherein the housing is adapted to be installed at a predefined position at the AOI [See Fig 1F where the system is installed at an outside wall; see also 0043] for the obvious advantage of providing a system having installation flexibility.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Bernstein to have wherein one or more components of the system comprising the HVAC unit, the SHW/DHW unit, the WWHP unit, the thermal storage unit, and the ERV or the HRV are packaged within a single housing, and wherein the housing is adapted to be installed at a predefined position at the AOI in view of the teachings of Dickson in order to provide a system having installation flexibility
Regarding Claim 8, Bernstein, as modified, teaches the invention of claim 7 above and Dickson teaches wherein the predefined position comprises one or more of: above a door in the AOI, wherein the packaged system is in a horizontal configuration; and against a wall in the AOI, wherein the packaged system is in a vertical configuration [0043; fig 1F where the system is adjacent a wall and in a vertical configuration].
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bernstein (US4034801), Alsadah, Toru and Blanchard as applied to claim 6 above, and further in view of Kurelowech (2012/0052791).
Regarding Claims 9 and 21, Bernstein, as modified, teaches the invention of claim 6 above but does not teach wherein the system comprises an occupancy sensor positioned in the AOI and configured to detect the presence of occupants in the AOI, wherein the ERV or HRV is operatively coupled to the occupancy sensor and the controller, wherein upon detection of the presence of occupants in the AOI, the controller operates the ERV or HRV to supply pre-conditioned ventilated air to the HVAC unit
However, Kurelowech teaches a heating and air conditioning system [0001] wherein the system comprises an occupancy sensor positioned in the AOI and configured to detect the presence of occupants in the AOI [0161], wherein the ERV or HRV [10] is operatively coupled to the occupancy sensor and the controller [63], wherein upon detection of the presence of occupants in the AOI, the controller operates the ERV or HRV to supply pre-conditioned ventilated air to the HVAC unit [22; 0054] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a system that ventilates a building in a most energy efficient manner [0005].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Bernstein to have a set of flow meters to monitor the flow rate and the direction of the fluid through the set of conduits in view of the teachings of Toru where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provides a system that ventilates a building in a most energy efficient manner.
For clarity, in regard to Claim 21, the method as claimed is carried out during the normal operation of the apparatus of Bernstein, as modified above.
Allowable Subject Matter
Claims 13-15 and 17 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
As per independent Claim 13, the prior art, Bernstein (US4034801) in view of Alsadah et al. (US2020/0182558) does not teach the device as recited, in particular “...a first set of water-to-water heat pumps (WWHP) fluidically connected to each of the HVAC units, such that there being at least one of the first WWHP fluidically connected to one of the HVAC units; one or more sanitary or domestic hot water (SHW/DHW) units configured in the one or more AOI; a second set of WWHPs fluidically connected to each of the SHW/DHW units, such that there being at least one of the second WWHP fluidically connected to one of the SHW/DHW units,” when added to the other features claimed in independent Claim 13.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY L FURDGE whose telephone number is (313)446-4895. The examiner can normally be reached M-R 6a-3p; F 6a-10a.
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/LARRY L FURDGE/Primary Examiner, Art Unit 3763