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 . This action is made final.
Claims 1-25 filed on 03/12/2026 have been reviewed and considered by this office action.
Claims 1, 2, 8, 11, 13, 18, and 19 have been amended.
Information Disclosure Statement
The information disclosure statement filed on 03/12/2026 has been reviewed and considered by this office action.
Drawings
Based on [0021-0022] of applicant’s specification as well as FIG. 1 and [0004] of provisional application 63,170/587, it appears FIG. 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification filed on 03/12/2026 has been reviewed and is considered acceptable.
Claim Interpretation
In claims 4, 5, 14, 15, 21, and 22, a non-stratified boiler tank and a stratified boiler tank are interpreted to mean the same boiler tank operating in non-stratified state when the temperature difference between the top and bottom is less than a threshold and operating in a stratified state when the temperature difference is greater than a threshold, as supported by [0032- 0033] of applicant’s specification.
Allowable Subject Matter
Claims 7, 17, and 24 would be allowable if rewritten to overcome the rejection under 35 U.S.C. 101, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Claims 7, 17, and 24 detail specific formulas to calculate a length of time available for water usage at a predetermined temperature, which are not found in the prior art cited or any other prior art that was found.
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 2, 13, and 19 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.
Regarding claim 2, the claim recites, “the predetermined temperature is between approximately 37° to approximately 40°.” The term “approximately” in claim 1 is a relative term which renders the claim indefinite. The term “approximately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purpose of examination, “between approximately 37° to approximately 40°” will be interpreted as “between 37° to 40°.”
Claims 13 and 19 recite limitations corresponding to claim 2 and are rejected for the same reason.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-25 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claims 1-7 and 25 are directed to a process. Claims 8-24 are directed to a machine or an article of manufacture.
With respect to claim 1:
2A Prong 1: The claim recites an abstract idea. Specifically:
based on at least the measured temperatures, a volume of the boiler tank, and, a flow rate of water at a point of use, determining a length of time available for water usage at the point of use at the predetermined temperature (Mental process – determining a length of time available for water usage is an evaluation that can be practically performed in the human mind or by a human using a pen and paper as a physical aid)
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
measuring, by a first sensor at the bottom portion of the boiler tank, a first temperature (TBOT) for the water therein, and, measuring, by a second sensor at the top portion of the boiler tank, a second temperature (TTOP) for the water therein (Insignificant extra-solution activity – measuring temperature represents pre-solution activity (mere data gathering) – see MPEP § 2106.05(g))
in a boiler tank for holding water, the boiler tank including an oppositely disposed top portion and a bottom portion (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
measuring, by a first sensor at the bottom portion of the boiler tank, a first temperature (TBOT) for the water therein, and, measuring, by a second sensor at the top portion of the boiler tank, a second temperature (TTOP) for the water therein (Receiving or transmitting data over a network have been deemed as well‐understood, routine, and conventional functions – see MPEP § 2106.05(d))
in a boiler tank for holding water, the boiler tank including an oppositely disposed top portion and a bottom portion (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
Therefore, claim 1 is ineligible.
With respect to claim 2:
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
wherein the predetermined temperature is between approximately 37°C to approximately 40°C (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
wherein the predetermined temperature is between approximately 37°C to approximately 40°C (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
Therefore, claim 2 is ineligible.
With respect to claim 3:
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
wherein the measuring the temperature at the bottom portion of the boiler tank and the top portion of the boiler tank is at oppositely disposed vertically oriented ends of the boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
wherein the measuring the temperature at the bottom portion of the boiler tank and the top portion of the boiler tank is at oppositely disposed vertically oriented ends of the boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
Therefore, claim 3 is ineligible.
With respect to claim 4:
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
wherein the boiler tank includes a non-stratified boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
wherein the boiler tank includes a non-stratified boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
Therefore, claim 4 is ineligible.
With respect to claim 5:
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
wherein the boiler tank includes a stratified boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
wherein the boiler tank includes a stratified boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
Therefore, claim 5 is ineligible.
With respect to claim 6:
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
wherein the point of use includes a shower (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
wherein the point of use includes a shower (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
Therefore, claim 6 is ineligible.
With respect to claim 7:
2A Prong 1: The claim recites an abstract idea. Specifically:
wherein the determining a length of time available for water usage at the predetermined temperature (TAV) is determined by the equation:
TAV=(TVB ⋅ K1)−K2,
where, K1 is a constant of 45.009, K2 is a constant of 1170.1, and TVB is a virtual bottom temperature, expressed by the equation:
TVB=(ΔT ⋅ KBV)+ TBOT,
where, ΔT is a temperature difference determined in accordance with the equation:
ΔT= TTOP - TBOT,
where, TTOP is the measured temperature from either at or proximate to a top of the boiler tank, and TBOT is the measured temperature from either at or proximate to the bottom of the boiler tank, and KBV is a constant based on the volume of the boiler tank of 0.3 (Mathematical concept – see MPEP § 2106.04(a)(2)(I))
Therefore, claim 7 is ineligible.
With respect to claim 8:
2A Prong 1: The claim recites an abstract idea. Specifically:
determine a length of time available for water usage at a point of use at the predetermined temperature, based on at least the received at least one first temperature and the at least one second temperature, a volume of the boiler, and, a flow rate of water at the point of use (Mental process – determining a length of time available for water usage is an evaluation that can be practically performed in the human mind or by a human using a pen and paper as a physical aid)
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
a receiver for receiving 1) at least one first water temperature (TBOT) from a first sensor in communication with a bottom portion of a boiler tank, and 2) at least one second water temperature (TTOP) from a second sensor in communication with a top portion of the boiler tank (Insignificant extra-solution activity – receiving temperature data represents pre-solution activity (mere data gathering) – see MPEP § 2106.05(g))
a non-transitory storage medium for storing the received at least one first water temperature and the at least one second water temperature (Insignificant extra-solution activity – storing received temperature data represents pre-solution activity (selecting a particular data source or type of data to be manipulated) – see MPEP § 2106.05(g))
a computerized processor in communication with the receiver and the non-transitory storage medium, the processor programmed to: (Mere recitation of a generic computer component – see MPEP § 2106.05(b)(I))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
a receiver for receiving 1) at least one first water temperature (TBOT) from a first sensor in communication with a bottom portion of a boiler tank, and 2) at least one second water temperature (TTOP) from a second sensor in communication with a top portion of the boiler tank (Receiving or transmitting data over a network have been deemed as well‐understood, routine, and conventional functions – see MPEP § 2106.05(d))
a non-transitory storage medium for storing the received at least one first water temperature and the at least one second water temperature (Storing and retrieving information in memory have been deemed as well‐understood, routine, and conventional functions – see MPEP § 2106.05(d))
a computerized processor in communication with the receiver and the non-transitory storage medium, the processor programmed to: (Mere recitation of a generic computer component – see MPEP § 2106.05(b)(I))
Therefore, claim 8 is ineligible.
With respect to claim 9:
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
wherein the at least one first sensor is at or proximate to the bottom portion of the boiler tank, and, the at least one second sensor is at or proximate to the top portion of the boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
wherein the at least one first sensor is at or proximate to the bottom portion of the boiler tank, and, the at least one second sensor is at or proximate to the top portion of the boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
Therefore, claim 9 is ineligible.
With respect to claim 10:
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
wherein the first sensor and the second sensor are in communication with the receiver (Insignificant extra-solution activity – sensors communicating with a receiver represents pre-solution activity (mere data gathering) – see MPEP § 2106.05(g))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
wherein the first sensor and the second sensor are in communication with the receiver (Receiving or transmitting data over a network have been deemed as well‐understood, routine, and conventional functions – see MPEP § 2106.05(d))
Therefore, claim 10 is ineligible.
With respect to claim 11:
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
wherein the first sensor and the second sensor are oppositely disposed from each other at the vertically oriented top and bottom ends of the boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
wherein the first sensor and the second sensor are oppositely disposed from each other at the vertically oriented top and bottom ends of the boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
Therefore, claim 11 is ineligible.
With respect to claim 12:
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
additionally comprising a display and a transmitter, the transmitter in communication with the processor, and for transmitting the length of time of available water usage at the predetermined temperature (Mere recitation of a generic computer component – see MPEP § 2106.05(b)(I))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
additionally comprising a display and a transmitter, the transmitter in communication with the processor, and for transmitting the length of time of available water usage at the predetermined temperature (Mere recitation of a generic computer component – see MPEP § 2106.05(b)(I))
Therefore, claim 12 is ineligible.
With respect to claim 13:
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
wherein the predetermined temperature is between approximately 37°C to approximately 40°C (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
wherein the predetermined temperature is between approximately 37°C to approximately 40°C (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
Therefore, claim 13 is ineligible.
With respect to claim 14:
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
wherein the boiler tank includes a non-stratified boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
wherein the boiler tank includes a non-stratified boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
Therefore, claim 14 is ineligible.
With respect to claim 15:
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
wherein the boiler tank includes a stratified boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
wherein the boiler tank includes a stratified boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
Therefore, claim 15 is ineligible.
With respect to claim 16:
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
wherein the point of use includes a shower (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
wherein the point of use includes a shower (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
Therefore, claim 16 is ineligible.
With respect to claim 17:
2A Prong 1: The claim recites an abstract idea. Specifically:
wherein the processor is programmed to determine the length of time available for water usage at the predetermined temperature (TAV) by applying the equation:
TAV=(TVB ⋅ K1)−K2,
where, K1 is a constant of 45.009, K2 is a constant of 1170.1, and TVB is a virtual bottom temperature, expressed by the equation:
TVB=(ΔT ⋅ KBV)+ TBOT,
where, ΔT is a temperature difference determined in accordance with the equation:
ΔT= TTOP - TBOT,
where, TTOP is the measured temperature from either at or proximate to a top of the boiler tank, and TBOT is the measured temperature from either at or proximate to the bottom of the boiler tank, and KBV is a constant based on the volume of the boiler tank of 0.3 (Mathematical concept – see MPEP § 2106.04(a)(2)(I))
Therefore, claim 17 is ineligible.
With respect to claim 18:
2A Prong 1: The claim recites an abstract idea. Specifically:
based on at least the measured temperatures, a volume of the boiler tank, and, a flow rate of water at a point of use, determining a length of time available for water usage at the point of use at the predetermined temperature (Mental process – determining a length of time available for water usage is an evaluation that can be practically performed in the human mind or by a human using a pen and paper as a physical aid)
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
A computer usable non-transitory storage medium having a computer program embodied thereon for causing a suitably programmed system to determine a time length for water usage at a predetermined temperature, by performing the following steps when such program is executed by the system, the steps comprising (Mere recitation of a generic computer component – see MPEP § 2106.05(b)(I))
measuring by a first sensor at the bottom portion of the boiler tank, a first temperature (TBOT) for the water therein, and, measuring, by a second sensor at the top portion of the boiler tank a second temperature (TTOP) for the water therein (Insignificant extra-solution activity – measuring temperature represents pre-solution activity (mere data gathering) – see MPEP § 2106.05(g))
in a boiler tank for holding water, the boiler tank including an oppositely disposed top portion and a bottom portion (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
A computer usable non-transitory storage medium having a computer program embodied thereon for causing a suitably programmed system to determine a time length for water usage at a predetermined temperature, by performing the following steps when such program is executed by the system, the steps comprising (Mere recitation of a generic computer component – see MPEP § 2106.05(b)(I))
measuring by a first sensor at the bottom portion of the boiler tank, a first temperature (TBOT) for the water therein, and, measuring, by a second sensor at the top portion of the boiler tank a second temperature (TTOP) for the water therein (Receiving or transmitting data over a network have been deemed as well‐understood, routine, and conventional functions – see MPEP § 2106.05(d))
in a boiler tank for holding water, the boiler tank including an oppositely disposed top portion and a bottom portion (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
Therefore, claim 18 is ineligible.
With respect to claim 19:
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
wherein the predetermined temperature is between approximately 37°C to approximately 40°C (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
wherein the predetermined temperature is between approximately 37°C to approximately 40°C (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
Therefore, claim 19 is ineligible.
With respect to claim 20:
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
wherein the measuring the temperature at the bottom portion of the boiler tank and the top portion of the boiler tank is at oppositely disposed vertically oriented ends of the boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
wherein the measuring the temperature at the bottom portion of the boiler tank and the top portion of the boiler tank is at oppositely disposed vertically oriented ends of the boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
Therefore, claim 20 is ineligible.
With respect to claim 21:
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
wherein the boiler tank includes a non-stratified boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
wherein the boiler tank includes a non-stratified boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
Therefore, claim 21 is ineligible.
With respect to claim 22:
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
wherein the boiler tank includes a stratified boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
wherein the boiler tank includes a stratified boiler tank (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
Therefore, claim 22 is ineligible.
With respect to claim 23:
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
wherein the point of use includes a shower (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
wherein the point of use includes a shower (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
Therefore, claim 23 is ineligible.
With respect to claim 24:
2A Prong 1: The claim recites an abstract idea. Specifically:
wherein the determining a length of time available for water usage at the predetermined temperature (TAV) is determined by the equation:
TAV=(TVB ⋅ K1)−K2,
where, K1 is a constant of 45.009, K2 is a constant of 1170.1, and TVB is a virtual bottom temperature, expressed by the equation:
TVB=(ΔT ⋅ KBV)+ TBOT,
where, ΔT is a temperature difference determined in accordance with the equation:
ΔT= TTOP - TBOT,
where, TTOP is the measured temperature from either at or proximate to a top of the boiler tank, and TBOT is the measured temperature from either at or proximate to the bottom of the boiler tank, and KBV is a constant based on the volume of the boiler tank of 0.3 (Mathematical concept – see MPEP § 2106.04(a)(2)(I))
Therefore, claim 24 is ineligible.
With respect to claim 25:
2A Prong 2: The additional elements recited in the claim do not integrate the abstract idea into a practical application, individually or in combination.
Additional elements:
wherein the boiler tank is oriented one of vertically or horizontally (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
wherein the boiler tank is oriented one of vertically or horizontally (Generally linking the use of a judicial exception to a particular technological environment or field of use – see MPEP § 2106.05(h))
Therefore, claim 25 is ineligible.
Claim Rejections - 35 USC § 102
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 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, 3-6, 8-11, 14-16, 18, 20-23, and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Porwal et al. (US 2021/0033286 A1).
Regarding claim 1, Porwal discloses a method for determining a time length for water usage at a predetermined temperature, comprising:
in a boiler tank for holding water, the boiler tank including an oppositely disposed top portion and a bottom portion (FIG. 1A), measuring, by a first sensor at the bottom portion of the boiler tank, a first temperature (TBOT) for the water therein ([0037]: “Temperature sensor 158-1 is located toward the top end (e.g., approximately ¼ the height of the tank 195 from the top end of the tank 195) and measures the temperature of the water (e.g., heated water, unheated water, mixture of heated water and unheated water) in the tank 195 at that point”), and, measuring, by a second sensor at the top portion of the boiler tank, a second temperature (TTOP) for the water therein ([0038]: “Temperature sensor 158-2 is located toward the bottom end (e.g., approximately ¼ the height of the tank 195 from the bottom end of the tank 195) and measures the temperature of the water (e.g., heated water, unheated water, mixture of heated water and unheated water) in the tank 195 at that point”); and,
based on at least the measured temperatures, a volume of the boiler tank, and, a flow rate of water at a point of use (FIG. 1, flow sensor 154-2 and [0037] “there are three temperature sensors 158 (temperature sensor 158-1, temperature sensor 158-2, and optional temperature sensor 158-3), at least one optional flow sensor 154, and an optional water leak sensor 159, all of which are types of sensors 151”; [0034]: “the heated water can be delivered to one or more of a number of devices (e.g., clothes washer, dishwasher, faucets, shower heads) that use the heated water”), determining a length of time available for water usage at the point of use at the predetermined temperature ([0103]: “the algorithms 133 used to determine how much heated water is in the tank 195 at a certain point in time can involve or be derived from regression analysis, centroid equations, and/or any other system of mathematical solutions… These algorithms 133 can be dependent upon, or independent of, one or more factors related to the water heater 190, including but not limited to the capacity of the water heater (e.g., 40 gallons, 55 gallons), the amount of heated water recently drawn from the tank 195, and the type of water heater (e.g., electric, gas, heat pump)”; [0036]: “A parameter that can be measured by a sensor 151 can include, but is not limited to, pressure, flow rate, current, voltage, power, resistance, weight, and temperature. In certain example embodiments, the parameter or parameters measured by a sensor 151 can be used by the controller 104 to determine an amount of heated water that is currently available within the tank 195 of the water heater 190 and/or how long it will take for an amount of heated water within the tank 195 of the water heater 190 to become available”; [0052]: “a protocol 132 and/or an algorithm 133 can be used, in conjunction with measurements made by one or more sensor devices 151, by the controller 104 to determine how much heated water is in the tank 195 of the water heater 190 and available for immediate use by a user 150”; [0139]: “Example embodiments can determine the supply of hot water (also called heated water herein) in a water heater. This determination can be performed in real time for a current amount or a future amount. In the case of determining a future amount, an amount of time may also be estimated using example embodiments. Example embodiments can receive input and/or information from any of a number of sensor devices and/or users to make its determinations. Example embodiments can also provide a determination as to whether there is sufficient heated water for a process that is about to be used by a user”).
Regarding claim 3, Porwal discloses the method of claim 1.
Porwal further discloses wherein the measuring the temperature at the bottom portion of the boiler tank and the top portion of the boiler tank is at oppositely disposed vertically oriented ends of the boiler tank ([0037-0038]: “Temperature sensor 158-1 is located toward the top end (e.g., approximately ¼ the height of the tank 195 from the top end of the tank 195) and measures the temperature of the water (e.g., heated water, unheated water, mixture of heated water and unheated water) in the tank 195 at that point… Temperature sensor 158-2 is located toward the bottom end (e.g., approximately ¼ the height of the tank 195 from the bottom end of the tank 195) and measures the temperature of the water (e.g., heated water, unheated water, mixture of heated water and unheated water) in the tank 195 at that point”).
Regarding claim 4, Porwal discloses the method of claim 1.
Porwal further discloses wherein the boiler tank includes a non-stratified boiler tank ([0037]: “Temperature sensor 158-1 is located toward the top end (e.g., approximately ¼ the height of the tank 195 from the top end of the tank 195) and measures the temperature of the water (e.g., heated water, unheated water, mixture of heated water and unheated water) in the tank 195 at that point,” where a tank with a mixture of heated and unheated water corresponds to a non-stratified boiler tank; FIG. 3 and [0100]: if a bottom temperature is above a threshold value, the water is considered heated in step 345, which means the tank is non-stratified).
Regarding claim 5, Porwal discloses the method of claim 1.
Porwal further discloses wherein the boiler tank includes a stratified boiler tank ([0037]: “Temperature sensor 158-1 is located toward the top end (e.g., approximately ¼ the height of the tank 195 from the top end of the tank 195) and measures the temperature of the water (e.g., heated water, unheated water, mixture of heated water and unheated water) in the tank 195 at that point. This temperature measured by temperature sensor 158-1 can be an indication of the maximum temperature of the heated water in the tank 195, although, since heat rises, the temperature of the heated water in the tank 195 above the temperature sensor 158-1 is same or higher than the temperature measured by the temperature sensor 158-1,” where a tank with hotter water at the top of the tank and cooler water at the bottom corresponds to a stratified boiler tank; FIG. 3 and [0100]: if a bottom temperature is below a threshold value, the tank is considered stratified in step 346 and tank temperature is calculated as a first value times a difference between the temperature measured at the upper temperature sensor and the temperature measured at the lower temperature sensor).
Regarding claim 6, Porwal discloses the method of claim 1.
Porwal further discloses wherein the point of use includes a shower ([0015]: “Water heaters used with example embodiments can be used for one or more of any number of processes (e.g., automatic clothes washers, automatic dishwashers, showers, sink faucets, heating systems, humidifiers)”).
Regarding claim 8, Porwal discloses an apparatus for determining a time length for water usage at a predetermined temperature, comprising:
a receiver for receiving ([0094]: “The temperature sensors 158 can measure temperature based on instructions received by the controller 104. Once the temperatures are measured, the temperature sensors 158 can send the measurements to the controller 104”) 1) at least one first water temperature (TBOT) from a first sensor in communication with a bottom portion of a boiler tank ([0094]: “one temperature sensor 158 (e.g., temperature sensor 158-1) can measure a temperature of the water toward the top end of the tank 195, and another temperature sensor 158 (e.g., temperature sensor 158-2) can measure a temperature of the water toward the bottom end of the tank 195”), and 2) at least one second water temperature (TTOP) from a second sensor in communication with a top portion of the boiler tank ([0094]: “another temperature sensor 158 (e.g., temperature sensor 158-2) can measure a temperature of the water toward the bottom end of the tank 195”);
a non-transitory storage medium for storing the received at least one first water temperature and the at least one second water temperature ([0049]: “the storage repository 130 stores one or more protocols 132, one or more algorithms 133, and stored data 134”; [0054]: “Stored data 134 can be any data associated with the water heating system 100 (including any components thereof), any measurements taken by the sensor devices 151”); and
a computerized processor in communication with the receiver and the non-transitory storage medium ([0026]: “controller 104 can include one or more of a number of components. Such components, can include, but are not limited to, a control engine 106, a communication module 108, a timer 110, an optional energy metering module 111, a power module 112, a storage repository 130, a hardware processor 120, a memory 122, a transceiver 124”), the processor programmed to:
determine a length of time available for water usage at a point of use at the predetermined temperature ([0103]: “the algorithms 133 used to determine how much heated water is in the tank 195 at a certain point in time can involve or be derived from regression analysis, centroid equations, and/or any other system of mathematical solutions… These algorithms 133 can be dependent upon, or independent of, one or more factors related to the water heater 190, including but not limited to the capacity of the water heater (e.g., 40 gallons, 55 gallons), the amount of heated water recently drawn from the tank 195, and the type of water heater (e.g., electric, gas, heat pump)”; [0036]: “A parameter that can be measured by a sensor 151 can include, but is not limited to, pressure, flow rate, current, voltage, power, resistance, weight, and temperature. In certain example embodiments, the parameter or parameters measured by a sensor 151 can be used by the controller 104 to determine an amount of heated water that is currently available within the tank 195 of the water heater 190 and/or how long it will take for an amount of heated water within the tank 195 of the water heater 190 to become available”; [0052]: “a protocol 132 and/or an algorithm 133 can be used, in conjunction with measurements made by one or more sensor devices 151, by the controller 104 to determine how much heated water is in the tank 195 of the water heater 190 and available for immediate use by a user 150”; [0139]: “Example embodiments can determine the supply of hot water (also called heated water herein) in a water heater. This determination can be performed in real time for a current amount or a future amount. In the case of determining a future amount, an amount of time may also be estimated using example embodiments. Example embodiments can receive input and/or information from any of a number of sensor devices and/or users to make its determinations. Example embodiments can also provide a determination as to whether there is sufficient heated water for a process that is about to be used by a user”), based on at least the received at least one first temperature and the at least one second temperature, a volume of the boiler, and, a flow rate of water at the point of use (FIG. 1, flow sensor 154-2 and [0037] “there are three temperature sensors 158 (temperature sensor 158-1, temperature sensor 158-2, and optional temperature sensor 158-3), at least one optional flow sensor 154, and an optional water leak sensor 159, all of which are types of sensors 151”; [0034]: “the heated water can be delivered to one or more of a number of devices (e.g., clothes washer, dishwasher, faucets, shower heads) that use the heated water”).
Regarding claim 9, Porwal discloses the apparatus of claim 8.
Porwal further discloses wherein the at least one first sensor is at or proximate to the bottom portion of the boiler tank, and, the at least one second sensor is at or proximate to the top portion of the boiler tank ([0037-0038]: “Temperature sensor 158-1 is located toward the top end (e.g., approximately ¼ the height of the tank 195 from the top end of the tank 195) and measures the temperature of the water (e.g., heated water, unheated water, mixture of heated water and unheated water) in the tank 195 at that point… Temperature sensor 158-2 is located toward the bottom end (e.g., approximately ¼ the height of the tank 195 from the bottom end of the tank 195) and measures the temperature of the water (e.g., heated water, unheated water, mixture of heated water and unheated water) in the tank 195 at that point”).
Regarding claim 10, Porwal discloses the apparatus of claim 8.
Porwal further discloses wherein the first sensor and the second sensor are in communication with the receiver ([0094]: “The temperature sensors 158 can measure temperature based on instructions received by the controller 104. Once the temperatures are measured, the temperature sensors 158 can send the measurements to the controller 104”).
Regarding claim 11, Porwal discloses the apparatus of claim 8.
Porwal further discloses wherein the first sensor and the second sensor are oppositely disposed from each other at the vertically oriented top and bottom ends of the boiler tank ([0037-0038]: “Temperature sensor 158-1 is located toward the top end (e.g., approximately ¼ the height of the tank 195 from the top end of the tank 195) and measures the temperature of the water (e.g., heated water, unheated water, mixture of heated water and unheated water) in the tank 195 at that point… Temperature sensor 158-2 is located toward the bottom end (e.g., approximately ¼ the height of the tank 195 from the bottom end of the tank 195) and measures the temperature of the water (e.g., heated water, unheated water, mixture of heated water and unheated water) in the tank 195 at that point”).
Regarding claim 14, Porwal discloses the apparatus of claim 8.
Porwal further discloses wherein the boiler tank includes a non-stratified boiler tank ([0037]: “Temperature sensor 158-1 is located toward the top end (e.g., approximately ¼ the height of the tank 195 from the top end of the tank 195) and measures the temperature of the water (e.g., heated water, unheated water, mixture of heated water and unheated water) in the tank 195 at that point,” where a tank with a mixture of heated and unheated water corresponds to a non-stratified boiler tank; FIG. 3 and [0100]: if a bottom temperature is above a threshold value, the water is considered heated in step 345, which means the tank is non-stratified).
Regarding claim 15, Porwal discloses the apparatus of claim 8.
Porwal further discloses wherein the boiler tank includes a stratified boiler tank ([0037]: “Temperature sensor 158-1 is located toward the top end (e.g., approximately ¼ the height of the tank 195 from the top end of the tank 195) and measures the temperature of the water (e.g., heated water, unheated water, mixture of heated water and unheated water) in the tank 195 at that point. This temperature measured by temperature sensor 158-1 can be an indication of the maximum temperature of the heated water in the tank 195, although, since heat rises, the temperature of the heated water in the tank 195 above the temperature sensor 158-1 is same or higher than the temperature measured by the temperature sensor 158-1,” where a tank with hotter water at the top of the tank and cooler water at the bottom corresponds to a stratified boiler tank; FIG. 3 and [0100]: if a bottom temperature is below a threshold value, the tank is considered stratified in step 346 and tank temperature is calculated as a first value times a difference between the temperature measured at the upper temperature sensor and the temperature measured at the lower temperature sensor).
Regarding claim 16, Porwal discloses the apparatus of claim 8.
Porwal further discloses wherein the point of use includes a shower ([0015]: “Water heaters used with example embodiments can be used for one or more of any number of processes (e.g., automatic clothes washers, automatic dishwashers, showers, sink faucets, heating systems, humidifiers)”).
Regarding claim 18, Porwal discloses a computer usable non-transitory storage medium having a computer program embodied thereon ([0026]: “controller 104 can include one or more of a number of components. Such components, can include, but are not limited to, a control engine 106, a communication module 108, a timer 110, an optional energy metering module 111, a power module 112, a storage repository 130, a hardware processor 120, a memory 122, a transceiver 124”) for causing a suitably programmed system to determine a time length for water usage at a predetermined temperature, by performing the following steps when such program is executed by the system, the steps comprising:
in a boiler tank for holding water, the boiler tank including an oppositely disposed top portion and a bottom portion (FIG. 1A), measuring by a first sensor at the bottom portion of the boiler tank, a first temperature (TBOT) for the water therein ([0037]: “Temperature sensor 158-1 is located toward the top end (e.g., approximately ¼ the height of the tank 195 from the top end of the tank 195) and measures the temperature of the water (e.g., heated water, unheated water, mixture of heated water and unheated water) in the tank 195 at that point”), and, measuring, by a second sensor at the top portion of the boiler tank a second temperature (TTOP) for the water therein ([0038]: “Temperature sensor 158-2 is located toward the bottom end (e.g., approximately ¼ the height of the tank 195 from the bottom end of the tank 195) and measures the temperature of the water (e.g., heated water, unheated water, mixture of heated water and unheated water) in the tank 195 at that point”); and,
based on at least the measured temperatures, a volume of the boiler, and, a flow rate of water at a point of use (FIG. 1, flow sensor 154-2 and [0037] “there are three temperature sensors 158 (temperature sensor 158-1, temperature sensor 158-2, and optional temperature sensor 158-3), at least one optional flow sensor 154, and an optional water leak sensor 159, all of which are types of sensors 151”; [0034]: “the heated water can be delivered to one or more of a number of devices (e.g., clothes washer, dishwasher, faucets, shower heads) that use the heated water”), determining a length of time available for water usage at the point of use at the predetermined temperature ([0103]: “the algorithms 133 used to determine how much heated water is in the tank 195 at a certain point in time can involve or be derived from regression analysis, centroid equations, and/or any other system of mathematical solutions… These algorithms 133 can be dependent upon, or independent of, one or more factors related to the water heater 190, including but not limited to the capacity of the water heater (e.g., 40 gallons, 55 gallons), the amount of heated water recently drawn from the tank 195, and the type of water heater (e.g., electric, gas, heat pump)”; [0036]: “A parameter that can be measured by a sensor 151 can include, but is not limited to, pressure, flow rate, current, voltage, power, resistance, weight, and temperature. In certain example embodiments, the parameter or parameters measured by a sensor 151 can be used by the controller 104 to determine an amount of heated water that is currently available within the tank 195 of the water heater 190 and/or how long it will take for an amount of heated water within the tank 195 of the water heater 190 to become available”; [0052]: “a protocol 132 and/or an algorithm 133 can be used, in conjunction with measurements made by one or more sensor devices 151, by the controller 104 to determine how much heated water is in the tank 195 of the water heater 190 and available for immediate use by a user 150”; [0139]: “Example embodiments can determine the supply of hot water (also called heated water herein) in a water heater. This determination can be performed in real time for a current amount or a future amount. In the case of determining a future amount, an amount of time may also be estimated using example embodiments. Example embodiments can receive input and/or information from any of a number of sensor devices and/or users to make its determinations. Example embodiments can also provide a determination as to whether there is sufficient heated water for a process that is about to be used by a user”).
Regarding claim 20, Porwal discloses the computer usable non-transitory storage medium of claim 18.
Porwal further discloses wherein the measuring the bottom of the boiler tank and the top of the boiler tank are at oppositely disposed vertically oriented ends of the boiler tank ([0037-0038]: “Temperature sensor 158-1 is located toward the top end (e.g., approximately ¼ the height of the tank 195 from the top end of the tank 195) and measures the temperature of the water (e.g., heated water, unheated water, mixture of heated water and unheated water) in the tank 195 at that point… Temperature sensor 158-2 is located toward the bottom end (e.g., approximately ¼ the height of the tank 195 from the bottom end of the tank 195) and measures the temperature of the water (e.g., heated water, unheated water, mixture of heated water and unheated water) in the tank 195 at that point”).
Regarding claim 21, Porwal discloses the computer usable non-transitory storage medium of claim 18.
Porwal further discloses wherein the boiler tank includes a non-stratified boiler tank ([0037]: “Temperature sensor 158-1 is located toward the top end (e.g., approximately ¼ the height of the tank 195 from the top end of the tank 195) and measures the temperature of the water (e.g., heated water, unheated water, mixture of heated water and unheated water) in the tank 195 at that point,” where a tank with a mixture of heated and unheated water corresponds to a non-stratified boiler tank; FIG. 3 and [0100]: if a bottom temperature is above a threshold value, the water is considered heated in step 345, which means the tank is non-stratified).
Regarding claim 22, Porwal discloses the computer usable non-transitory storage medium of claim 18.
Porwal further discloses wherein the boiler tank includes a stratified boiler tank ([0037]: “Temperature sensor 158-1 is located toward the top end (e.g., approximately ¼ the height of the tank 195 from the top end of the tank 195) and measures the temperature of the water (e.g., heated water, unheated water, mixture of heated water and unheated water) in the tank 195 at that point. This temperature measured by temperature sensor 158-1 can be an indication of the maximum temperature of the heated water in the tank 195, although, since heat rises, the temperature of the heated water in the tank 195 above the temperature sensor 158-1 is same or higher than the temperature measured by the temperature sensor 158-1,” where a tank with hotter water at the top of the tank and cooler water at the bottom corresponds to a stratified boiler tank; FIG. 3 and [0100]: if a bottom temperature is below a threshold value, the tank is considered stratified in step 346 and tank temperature is calculated as a first value times a difference between the temperature measured at the upper temperature sensor and the temperature measured at the lower temperature sensor).
Regarding claim 23, Porwal discloses the computer usable non-transitory storage medium of claim 18.
Porwal further discloses wherein the point of use includes a shower ([0015]: “Water heaters used with example embodiments can be used for one or more of any number of processes (e.g., automatic clothes washers, automatic dishwashers, showers, sink faucets, heating systems, humidifiers)”).
Regarding claim 25, Porwal discloses the method of claim 1.
Porwal further teaches wherein the boiler tank is oriented one of vertically or horizontally (FIG. 1A shows a vertically oriented boiler tank; [0024]: “Terms such as ‘first’, ‘second’, ‘third’, ‘top’, ‘bottom’, ‘side’, and ‘within’ are used merely to distinguish one component (or part of a component or state of a component) from another. Such terms are not meant to denote a preference or a particular orientation. Such terms are not meant to limit embodiments of water heaters with real-time hot water supply determination”).
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.
Claims 2, 13, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Porwal et al. (US 2021/0033286 A1), in view of Brunoli (US 2013/0146154 A1).
Regarding claim 2, Porwal discloses the method of claim 1.
Porwal does not explicitly teach “wherein the predetermined temperature is between approximately 37° to approximately 40°.”
Brunoli further teaches wherein the predetermined temperature is between approximately 37°C to approximately 40°C ([0022-0023]: “the temperature sensor is a thermistor device that detects a predetermined threshold water temperature. In the above embodiment the temperature activated shower controller is initiated when the thermistor detects a specific water temperature of between 30°C. and 50°C. and more preferably at a temperature of 40°C”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the method of Porwal to incorporate the teachings of Brunoli so as to include the predetermined temperature being between approximately 37° to approximately 40°. Doing so would allow the temperature to be set to any value between 30° and 50°, including the range of 37° to 40° with the aim of allowing a user to shower for a certain length of time at their preferred temperature (Brunoli, [0041]: “Before the shower cycle begins, the latching solenoid valve (not shown) begins in the open position to allow full water flow, which enables the user to feel the flowing water for the preferred shower temperature… If no input is made after a pre-determined length of time (for example thirty (30) seconds), the microprocessor unit will automatically select a default shower time setting (for example six (6) minutes)”).
Regarding claim 13, Porwal discloses the apparatus of claim 8.
Porwal does not explicitly teach “wherein the predetermined temperature is between approximately 37° to approximately 40°.”
Brunoli further teaches wherein the predetermined temperature is between approximately 37°C to approximately 40°C ([0022-0023]: “the temperature sensor is a thermistor device that detects a predetermined threshold water temperature. In the above embodiment the temperature activated shower controller is initiated when the thermistor detects a specific water temperature of between 30°C. and 50°C. and more preferably at a temperature of 40°C”).
The reasons to combine Brunoli into Porwal are the same as articulated in Claim 2 above.
Regarding claim 19, Porwal discloses the computer usable non-transitory storage medium of claim 18.
Porwal does not explicitly teach “wherein the predetermined temperature is between approximately 37° to approximately 40°.”
Brunoli further teaches wherein the predetermined temperature is between approximately 37°C to approximately 40°C ([0022-0023]: “the temperature sensor is a thermistor device that detects a predetermined threshold water temperature. In the above embodiment the temperature activated shower controller is initiated when the thermistor detects a specific water temperature of between 30°C. and 50°C. and more preferably at a temperature of 40°C”).
The reasons to combine Brunoli into Porwal are the same as articulated in Claim 2 above.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Porwal et al. (US 2021/0033286 A1), in view of Zemach (US 2015/0226460 A1).
Regarding claim 12, Porwal discloses the apparatus of claim 8.
While Porwal discloses a display and a transmitter, the transmitter in communication with the processor ([0028]: “The user 150 can use and/or include a user system (not shown, but such as a smart phone or a laptop computer), which may include a display (e.g., a GUI). The user 150 can interact with (e.g., send data to, receive data from) the controller 104 via the application interface 126”; [0044]: “the application interface 126 of the controller 104 receives data (e.g., information, communications, instructions, updates to firmware) from and sends data (e.g., information, communications, instructions) to a user 150, the power supply 135, and/or the water heater 190”), Porwal does not explicitly teach “for transmitting the length of time of available water usage at the predetermined temperature.”
Zemach further teaches additionally comprising a display and a transmitter, the transmitter in communication with the processor, and for transmitting the length of time of available water usage at the predetermined temperature (FIG. 4 and [0097]: “the display may show an amount of time remaining before the hot water runs out (step 920)”; [0096]: “in step 902, the processing unit receives the value/data of the estimated amount of available hot water, for example, as calculated in step 810 or 814 of flow 800 in FIG. 8”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the apparatus of Porwal to incorporate the teachings of Zemach so as to include a display and a transmitter, the transmitter in communication with the processor, and for transmitting the length of time of available water usage at the predetermined temperature. Doing so would allow a user to have a visual indication of available hot water with the aim of optimizing water use (Zemach, [0002-0003]: “there is a need for a system to help regulate electrical consumption, and specifically for monitoring energy consumption in the process of heating household water. It would therefore be highly advantageous to have a real-time indication of the amount of available hot water for use in a household with multiple hot water users”).
Response to Arguments
Applicant's arguments filed 03/12/2026 have been fully considered but they are not persuasive.
Regarding the objection to the drawings, according to [0001] of Applicant’s specification, provisional application 63/170,587 is incorporated by reference in its entirety. FIG. 1 is labeled as prior art in this provisional application and described as a “contemporary boiler” in [0004]. This figure appears to be the same as FIG. 1 of Applicant’s specification, which does not have the same prior art designation. If the drawing in FIG. 1 is no longer considered prior art, Applicant should provide an explanation as to why it was previously identified as prior art in the provisional application but is not considered prior art in the instant application.
Regarding the rejection under 35 U.S.C. § 112(b), [0022] of the specification says “hot water, at approximately 37°C to 40°C, for a domestic use, such as a shower.” This does not resolve the indefiniteness of the term “approximately” used in claims 2, 13, and 19. Therefore, the rejection has been maintained.
Regarding the rejections under 35 U.S.C. § 101, Applicant asserts that the claimed invention represents an improvement in technology and constitutes a practical application. Examiner respectfully disagrees. The claims recite determining a length of time for water usage based on measured parameters. This constitutes an evaluation that can be practically performed in the human mind. Applicant contends that the claims integrate the abstract idea into a practical application because they are performed in the context of a water distribution system and use real measurements. However, the claims measure data, perform a calculation, and compute a result, but do not recite any action taken based on that result. In particular, the claims do not control the boiler, modify operation of the system, or otherwise use the calculated value in a manner that improves the functioning of the system. Accordingly, Applicant’s arguments are not persuasive since the claimed invention does not reflect an improvement to a technology, but rather determines information about a system.
Claiming how the determined information is used may be helpful in demonstrating integration into a practical application. For example, FIG. 8B shows how the determined value is presented to a user.
Regarding the rejections under 35 U.S.C. § 102, Applicant argues that Porwal does not disclose a flow rate at a point of use. Examiner respectfully disagrees. The cited prior art describe the claim limitations as briefly outlined below and as described in the rejection of claims 1, 8, and 18 above.
Porwal discloses a water heating system including an outlet line 109 through which heated water is delivered to downstream uses (e.g., showers) and flow sensors, e.g., flow sensor 154-2 associated with water exiting the system via the outlet line, as shown in FIG. 1. Sensors 151 include flow sensor 154, as supported by [0037]. Therefore, the determination of available heated water may be made using parameters measured by sensors including temperature as well as flow rate at the outlet, which corresponds to flow rate at a point of use.
Regarding the rejections under 35 U.S.C. § 103, in response to Applicant’s arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Magdalena Kossek whose telephone number is (571)272-5603. The examiner can normally be reached Mon-Fri 8:00-5:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Fennema can be reached on (571)272-2748. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.I.K./Examiner, Art Unit 2117
/ROBERT E FENNEMA/Supervisory Patent Examiner, Art Unit 2117
Prosecution Insights