DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
The claims listed below are objected to because of the following informalities:
In Claim 4, lines 2-3, change “a communication interface configured to be in communication with the machine learning neural network stored at a cloud network” to
-- a communication interface configured to be in communication with the machine learning neural network, wherein the machine learning neural network is stored at a cloud network -- (or equivalent)
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.
Claims 1-6, 8, 10-12, 14 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schönfeld (us 2022/0101456 A1) (hereinafter “Schonfeld”).
Regarding Claim 1, Schonfeld teaches of a thermostat (Fig. 1) for regulating a water heater (“water heater”) (see at least [0059], [0080]-[0084] and Figs. 1-4), the thermostat comprising:
a receiver (150) configured to receive one or more inputs (e.g., “temperature”) from one or more sensors (sensors comprising elements (160), (180)) (see at least [0058]-[0061], [0068], [0080] and Figs. 1-4) configured to monitor, for a predefined duration of time (e.g., for a “goal time period” that may be, for example, “one month”) (see at least [0120] and Fig. 7), a usage pattern of the water heater (“actual thermal usage”) (see at least [0120] and Fig. 7); and
a controller (100) (see at least [0049], [0068], [0120] and Fig. 1) configured to:
determine, via a machine learning neural network (110) (see at least [0049], [0133]-[0134] and Figs. 1, 7, 8), a scheduling pattern for hot water (“optimized heating pattern”) based on the monitored usage pattern (see at least [0120], [0156]-[0158] and Figs. 7-8), and
operate the water heater based on the scheduling pattern (see at least [0156]-[0158] and Figs. 1, 7-8 - “This optimized heating pattern may be transferred to the gas valve controller 440 through the Controller Signal Connector 455”).
Regarding Claim 2, Schonfeld also teaches that the one or more sensors (160, 180) comprises at least one of a pressure sensor, a flow meter, and a temperature sensor (at least a flow meter (flow meter that captures “flow rate data”) and/or a temperature sensor (sensor of “temperature”) (see at least [0067]-[0068], [0117] and Figs. 1, 7).
Regarding Claim 3, Schonfeld also teaches of a memory (804) configured to store the machine learning neural network and the inputs received from the one or more sensors (see at least [0160], [0162], [0165] and Figs. 1, 7-8).
Regarding Claim 4, Schonfeld also teaches of a communication interface (760, 765) configured to be in communication with the machine learning neural network, wherein the machine learning neural network is stored at a cloud network (“cloud computing infrastructure or environment” shown as (820) in Fig. 8) (see at least [0103]-[0106], [0160], [0164] and Figs. 1, 7-8).
Regarding Claim 5, Schonfeld also teaches that the receiver is further configured to receive another input (at least “flow rate”) (see at least [0067]-[0068], [0117] and Figs. 1, 3, 7) from the one or more sensors (160, 180) configured to monitor a water usage pattern at one or more of a water inlet or a water outlet of the water heater (at least at the water outlet) (see at least [0004], [0067]-[0068], [0091], [0103], [0117] and Figs. 1, 3, 4A, 7).
Regarding Claim 6, Schonfeld also teaches that to determine the scheduling pattern, the controller is configured to determine an amount of water required to be output during operation of the water heater (see at least [0103]-[0106] and Fig. 7 - “The user interface 760, 765 may display actual or current water usage, such as liters or gallons per minute. The user interface 760, 765 may display a goal represented by a graphical circular ring representing the portion of the goal achieved. A usage goal may be input by a user describing a maximum amount of water to be used within a period of time such as a month. The system will monitor and report the actual water usage as to the usage goal.”).
Regarding Claim 8, Schonfeld also teaches that the receiver is further configured to receive another input from the one or more sensors configured to monitor a temperature of water (“temperature”) being provided to an inlet pipe (430) of the water heater (see at least [0091] and Fig. 4A) during one or more specific time durations of a day (such as, at least, “user provided time periods”) (see at least [0091], [0147] and Fig. 4A), and wherein the controller is configured to determine the scheduling pattern based on the monitored temperature of water (see at least [0091], [0147], [0156]-[0158] and Figs. 1, 4A, 7-8).
Regarding Claim 10, Schonfeld teaches of a method for regulating a water heater (“water heater”) by a thermostat (thermostat of Fig. 1) (see at least [0059], [0080]-[0084] and Figs. 1-4), the method comprising:
receiving (via element (150)), from one or more sensors (sensors comprising elements (160), (180)) (see at least [0058]-[0061], [0068], [0080] and Figs. 1-4), one or more inputs (e.g., “temperature”) associated with monitoring of a usage pattern of the water heater (“actual thermal usage”) for a predefined duration of time (e.g., for a “goal time period” that may be, for example, “one month”) (see at least [0120] and Fig. 7);
determining, by a controller (100) via a machine learning neural network (110) (see at least [0049], [0133]-[0134] and Figs. 1, 7, 8), a scheduling pattern for hot water (“optimized heating pattern”) based on the monitored usage pattern (see at least [0120], [0156]-[0158] and Figs. 7-8); and
operating the water heater based on the scheduling pattern (see at least [0156]-[0158] and Figs. 1, 7-8 - “This optimized heating pattern may be transferred to the gas valve controller 440 through the Controller Signal Connector 455”).
Regarding Claim 11, Schonfeld also teaches of receiving (via element (150)), from the one or more sensors (160, 180), another input (at least “flow rate”) associated with a water usage pattern at one or more of a water inlet or a water outlet of the water heater (at least at the water outlet) (see at least [0004], [0067]-[0068], [0091], [0103], [0117] and Figs. 1, 3, 4A, 7).
Regarding Claim 12, Schonfeld also teaches that determining the scheduling pattern comprises determining an amount of water required to be output during operation of the water heater (see at least [0103]-[0106] and Fig. 7 - “The user interface 760, 765 may display actual or current water usage, such as liters or gallons per minute. The user interface 760, 765 may display a goal represented by a graphical circular ring representing the portion of the goal achieved. A usage goal may be input by a user describing a maximum amount of water to be used within a period of time such as a month. The system will monitor and report the actual water usage as to the usage goal.”).
Regarding Claim 14, Schonfeld also teaches of receiving (via element (150)), from the one or more sensors (160, 180), another input (at least “flow rate”) associated with monitoring a temperature of water (“temperature”) being provided to an inlet pipe (430) of the water heater (see at least [0091] and Fig. 4A) during one or more specific time durations of a day (such as, at least, “user provided time periods”) (see at least [0091], [0147] and Fig. 4A), wherein determining the scheduling pattern comprises determining the scheduling pattern based on the monitored temperature of water (see at least [0091], [0147], [0156]-[0158] and Figs. 1, 4A, 7-8).
Regarding Claim 16, Schonfeld also teaches of recommending, via a display interface of the thermostat (760, 765), the scheduling pattern for user inputs (see at least [0103]-[0106], [0160], [0164] and Figs. 1, 7) in addition to operating the water heater based on the scheduling pattern in response to receipt of user inputs on the scheduling pattern (see at least [0103]-[0106], [0160], [0164] and Figs. 1, 7).
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.
Claims 7, 9, 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Schonfeld in view Krause et al. (US 5,626,287) (hereinafter “Krause”).
Regarding Claim 7, Schonfeld teaches the thermostat of Claim 1 (see the rejection for Claim 1) but fails to explicitly teach that the receiver is further configured to receive another input from the one or more sensors configured to monitor a time required for cooling down of at least one of an inlet pipe and an outlet pipe of the water heater, and wherein the controller is configured to determine the scheduling pattern based on the monitored time.
Krause discloses a relatable water heater system (Fig. 1) and method for using the same (see at least Abstract and Fig. 1). The water heater system comprises a water heater (T) that includes an inlet pipe (22) with a temperatures sensor (10), an outlet pipe (26) with a temperature sensor (12), a tank (24) with an internal temperature sensor (26), a receiver (50) and a controller (48) (see at least Col. 4 lines 17-64 and Figs. 1, 3). Krause teaches that the receiver is configured to receive an input from the one or more sensors that is configured to monitor a time required for cooling down of at least one of an inlet pipe and an outlet pipe of the water heater (see at least Col. 1 line 64 - Col. 2 line 23, Col. 3 lines 37-59 and Fig. 1 - “The inlet water temperature at a location near the heater is therefore high during periods of extended non-use, but cools rapidly as cold water flows through the inlet pipe to replenish hot water used within the system. The magnitude of the temperature drop and the time over which it persists are directly related to the amount of hot water used, providing information sufficient to determine the control temperature at which the system should be operated to meet demand at a given instant”), and wherein the controller is configured to determine a scheduling pattern of the system (“the control temperature at which the system should be operated to meet demand at a given instant”) based on the monitored time (see at least Col. 1 line 64 - Col. 2 line 23, Col. 3 lines 37-59 and Fig. 1). Krause teaches that such arrangement is advantageous because it, inter alia, “provides a quantitative level of control temperature which can be updated over time to meet the demand for hot water” (see at least Col. 1 line 64 - Col. 2 line 23, Col. 3 lines 37-59 and Fig. 1).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system taught by Schonfeld by configuring the existing receiver and controller to receive another input from the one or more sensors that is configured to monitor a time required for cooling down of at least one of an inlet pipe and an outlet pipe of the water heater, such that the existing controller would be configured to determine the existing controlled scheduling pattern based on the monitored time, based on the teachings of Krause. Doing so would have, inter alia, provided an easy to obtain, quantitative level of control temperature which could be updated over time to meet the demand for hot water. Note that such modification would have necessarily resulted in the invention as claimed.
Regarding Claim 9, Schonfeld teaches the thermostat of Claim 1 (see the rejection for Claim 1) but fails to explicitly teach that the receiver is further configured to receive another input from at least one internal temperature sensor of the water heater configured to determine a rate of change of temperature of water during operation of the water heater, and wherein the controller is configured to modify operation of the water heater based on the determined rate of change of temperature of water.
Krause discloses a relatable water heater system (Fig. 1) and method for using the same (see at least Abstract and Fig. 1). The water heater system comprises a water heater (T) that includes an inlet pipe (22) with a temperatures sensor (10), an outlet pipe (26) with a temperature sensor (12), a tank (24) with an internal temperature sensor (26), a receiver (50) and a controller (48) (see at least Col. 4 lines 17-64 and Figs. 1, 3). Krause teaches that the receiver is configured to receive an input from the internal temperature sensor of the water heater (16) that is configured to determine a rate of change of temperature of water during operation of the water heater (“constant rate of loss/gain”) (see at least Col. 6 lines 26-52 and Figs. 1, 3), and wherein the controller is configured to modify operation of the water heater based on the determined rate of change of temperature of water (via adjustment of the “control temperature”) (see at least Col. 6 lines 26-52 and Figs. 1, 3). Krause teaches that such arrangement is advantageous because it, inter alia, provides means for optimizing the implemented “control temperature” (see at least Col. 1 line 64 - Col. 2 line 23, Col. 3 lines 37-59 and Fig. 1).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system taught by Schonfeld by configuring the existing receiver and controller to receive another input from the one or more sensors that is configured to determine a rate of change of temperature of water during operation of the water heater, such that the existing controller would be configured to modify operation of the water heater based on the determined rate of change of temperature of water, based on the teachings of Krause. Doing so would have, inter alia, provided means for optimizing the implemented control temperature. Note that such modification would have necessarily resulted in the invention as claimed.
Regarding Claim 13, Schonfeld teaches the method of Claim 10 (see the rejection for Claim 10) but fails to explicitly teach of receiving another input from the one or more sensors configured to monitor a time required for cooling down of at least one of an inlet pipe and an outlet pipe of the water heater, and wherein determining the scheduling pattern comprises determining the scheduling pattern based on the monitored time.
Krause discloses a relatable water heater system (Fig. 1) and method for using the same (see at least Abstract and Fig. 1). The water heater system comprises a water heater (T) that includes an inlet pipe (22) with a temperatures sensor (10), an outlet pipe (26) with a temperature sensor (12), a tank (24) with an internal temperature sensor (26), a receiver (50) and a controller (48) (see at least Col. 4 lines 17-64 and Figs. 1, 3). Krause teaches that the receiver is configured to receive an input from the one or more sensors that is configured to monitor a time required for cooling down of at least one of an inlet pipe and an outlet pipe of the water heater (see at least Col. 1 line 64 - Col. 2 line 23, Col. 3 lines 37-59 and Fig. 1 - “The inlet water temperature at a location near the heater is therefore high during periods of extended non-use, but cools rapidly as cold water flows through the inlet pipe to replenish hot water used within the system. The magnitude of the temperature drop and the time over which it persists are directly related to the amount of hot water used, providing information sufficient to determine the control temperature at which the system should be operated to meet demand at a given instant”), and wherein the controller is configured to determine a scheduling pattern of the system (“the control temperature at which the system should be operated to meet demand at a given instant”) based on the monitored time (see at least Col. 1 line 64 - Col. 2 line 23, Col. 3 lines 37-59 and Fig. 1). Krause teaches that such arrangement is advantageous because it, inter alia, “provides a quantitative level of control temperature which can be updated over time to meet the demand for hot water” (see at least Col. 1 line 64 - Col. 2 line 23, Col. 3 lines 37-59 and Fig. 1).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the method taught by Schonfeld by configuring the existing receiver and controller to receive another input from the one or more sensors that is configured to monitor a time required for cooling down of at least one of an inlet pipe and an outlet pipe of the water heater, such that the existing controller would be configured to determine the existing controlled scheduling pattern based on the monitored time, based on the teachings of Krause. Doing so would have, inter alia, provided an easy to obtain, quantitative level of control temperature which could be updated over time to meet the demand for hot water. Note that such modification would have necessarily resulted in the invention as claimed.
Regarding Claim 15, Schonfeld teaches the method of Claim 10 (see the rejection for Claim 10) but fails to explicitly teach of receiving another input from at least one internal temperature sensor of the water heater configured to determine a rate of change of temperature of water during operation of the water heater, and wherein the controller is configured to modify operation of the water heater based on the determined rate of change of temperature of water.
Krause discloses a relatable water heater system (Fig. 1) and method for using the same (see at least Abstract and Fig. 1). The water heater system comprises a water heater (T) that includes an inlet pipe (22) with a temperatures sensor (10), an outlet pipe (26) with a temperature sensor (12), a tank (24) with an internal temperature sensor (26), a receiver (50) and a controller (48) (see at least Col. 4 lines 17-64 and Figs. 1, 3). Krause teaches that the receiver is configured to receive an input from the internal temperature sensor of the water heater (16) that is configured to determine a rate of change of temperature of water during operation of the water heater (“constant rate of loss/gain”) (see at least Col. 6 lines 26-52 and Figs. 1, 3), and wherein the controller is configured to modify operation of the water heater based on the determined rate of change of temperature of water (via adjustment of the “control temperature”) (see at least Col. 6 lines 26-52 and Figs. 1, 3). Krause teaches that such arrangement is advantageous because it, inter alia, provides means for optimizing the implemented “control temperature” (see at least Col. 1 line 64 - Col. 2 line 23, Col. 3 lines 37-59 and Fig. 1).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the method taught by Schonfeld by configuring the existing receiver and controller to receive another input from the one or more sensors that is configured to determine a rate of change of temperature of water during operation of the water heater, such that the existing controller would be configured to modify operation of the water heater based on the determined rate of change of temperature of water, based on the teachings of Krause. Doing so would have, inter alia, provided means for optimizing the implemented control temperature. Note that such modification would have necessarily resulted in the invention as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following prior art is considered relevant to this application in terms of structure and use:
Matsuoka (AU 2014254308 A1) (see attached original document for reference)
Kolk et al. (US 2012/0273581 A1)
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/BENJAMIN W JOHNSON/Examiner, Art Unit 3762 2/19/2026
/STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762