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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/06/2025 has been entered.
Response to Arguments
Applicant's arguments filed 10/06/2025 have been fully considered but they are not persuasive.
The Applicant has argued that the prior art, Zhao et al. (US 2023/0228453), would not be obvious to combine with the prior art because it can be used with a dishwasher and with a different type of heat exchanger; the Office respectfully disagrees because the art was used to teach the use of a heat pipe to add additional heat to a heat pump system when needed and could be accordingly sized as such and used with a plurality of heat exchangers.
Additionally argued is that the taught heating tube is not disclosed in working fluid line, but rather is used to heat a pump. The Office, again respectfully disagrees because in order for the heating pipe to be effective it must be submersed in water and could readily be installed in a pump housing or in tube or pipe and so the combination is reasonable and obvious to one of ordinary skill in the art prior to the effective filing date of this application.
The rejections remain the same.
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:
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-6,10-11, and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Process to decommission a boiler and remove (HeatingHelp.com), Electric Residential Hybrid Water Heater Instructions (Rheem), Yoshida et al (US 2018/0051894), and Zhao et al. (US 2023/0228453).
Regarding claim 1, HeatingHelp.com discloses a method for renewing a building heating system of a building, comprising steps of: a) disconnecting an existing boiler of the building heating system: from an existing fuel source, from an existing fluid line for conducting fluid to be heated by the boiler, and from an existing air inlet pipe connected to an existing air inlet opening, to allow air to be led through the boiler, and from an existing flue gas discharge pipe connected to an existing flue gas outlet opening for discharging boiler generated flue gas, b) removing said boiler (HomeownerDustin).
HeatingHelp.com does not disclose the steps of: c) connecting an air source heat pump: to the existing fluid line, to the existing air inlet pipe and/or the existing air inlet opening, and to the existing flue gas discharge pipe and/or the existing flue gas outlet opening or connecting at least one heating tube, directly or indirectly, to the heat pump to provide additional heat energy to the fluid to be heated, and d) connecting said heat pump to an intermediate working fluid line for heating a working fluid conducted through said working fluid line, wherein said working fluid line comprises at least one water heat exchanger for transferring heat from said working fluid to water conducted through at least one water line of a building water system of said building, and wherein said at least one heating tube makes part of the working fluid line, and wherein the at least one heating tube is configured for flow-through of the working fluid, such that during flow-through of the working fluid the working fluid can be heated by the heating tubes, and wherein the at least one heating tube is an electrical heating tube.
However, Rheem (R) discloses an instruction manual with the following steps of: c) connecting an air source heat pump to the existing fluid line (Page 8), to the existing air inlet pipe and/or the existing air inlet opening, and to the existing flue gas discharge pipe and/or the existing flue gas outlet opening (Page 14). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to follow common sense heat pump installation practices to ensure that the device functions properly.
Additionally, Yoshida (Y) discloses a heat pump system (Abstract) capable of comprising step j): connecting said heat pump to an intermediate working fluid line (15, Figure 1, [0023-0025]) for heating working fluid (@12) conducted through said working fluid line (31-25-21), wherein said working fluid line comprises at least one water heat exchanger (22) for transferring heat from said working fluid to water conducted through at least one water line (27) of a building water system of said building. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to encorporate a hydronic heating circuit to simplify the installation by not requiring a separate higher temperature boiler in conjunction with the household water heater.
Furthermore, Zhao (Z) discloses a heat pump cover (Abstract, Figure 8) wherein a heat augmented heat exchanger (400) that can be connected to at least one heating tube) directly or indirectly, to the heat pump to provide additional heat energy to the fluid to be heated, and wherein said at least one heating tube makes part of the working fluid line, and wherein the at least one heating tube is configured for flow-through of the working fluid, such that during flow-through of the working fluid the working fluid can be heated by the heating tubes wherein the at least one heating tube is an electrical heating tube ([400, [0082]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to add additional heat energy to the heat pump system when additional heat beyond the system’s capacity is needed in order to keep the inhabitants comfortable and an electrical heating tube to alleviate the need for exhausting of combustion gases.
Regarding claim 2, HeatingHelp.com, as modified, discloses the method according to claim 1, further comprising step f): connecting said heat pump to a control unit for controlling said heat pump (R-Pages 9-10, i.e., EcoNet).
Regarding claim 3, HeatingHelp.com, as modified, discloses the method according to claim 2, further comprising step g): connecting said control unit to at least one fluid temperature sensor and/or at least one fluid pressure sensor of the building heating system (R-Pages 9-10, i.e., EcoNet).
Regarding claim 4, HeatingHelp.com, as modified, discloses the method according to claim 1, further comprising step h): connecting at least one new fluid temperature sensor and/or at least one new fluid pressure sensor, to at least one fluid line of the building heating system (R-Page 7-8). As a clarification, the water heater comprises a thermostat which will detect the water’s temperature.
Regarding claim 5, HeatingHelp.com, as modified, discloses the method according to claim 1, further comprising step i): connecting at least one alternative auxiliary heat source, directly or indirectly, to the heat pump to provide additional heat energy to the fluid to be heated (R-Page 19, the system is a hybrid one which has an all-electric mode).
Regarding claim 6, HeatingHelp.com, as modified, discloses the method according to claim 1, further comprising step j): connecting a control unit (300) to the at least one heating tube ([400, [0082]), for controlling the at least one heating tube dependent on one or more temperature values measured by one or more temperature sensors and/or one or more fluid pressure sensors (R-Page 17-19).
Regarding claim 10, HeatingHelp.com, as modified, discloses the method according to claim 1, wherein during step d) at least one heating tube (400, Figure 8) is connected at a downstream side of the heat pump or wherein during step g) a plurality of heating tubes is connected at a downstream side of the heat pump (Figure 8, shows 2 heating tubes).
Regarding claim 11, HeatingHelp.com, as modified, discloses the method according to claim 10, wherein, during step g), a plurality of heating tubes and/or a plurality of alternative auxiliary heat sources is connected at a downstream side of the heat pump (R-Page 11, rectangular units above drain valve are heating elements).
Regarding claim 13, HeatingHelp.com, as modified, discloses the method according to claim 11, wherein at least one auxiliary heat source (R-Rheem-Page 11, rectangular units above drain valve are heating elements) is, directly or indirectly, connected to the heat pump makes part of the working fluid line (R-31, Figure 1).
Regarding claim 14, HeatingHelp.com, as modified, discloses the method according to claim 1, wherein, during step c), at least one pipe adapter is placed in between the heat pump and the existing air inlet pipe and/or the existing flue gas discharge pipe (R-Page 14).
Regarding claim 15, HeatingHelp.com, as modified, discloses the method according to claim 1, wherein the heat pump comprises an air inlet opening and an air outlet opening, and, during step c), the existing air inlet pipe is connected to the air outlet opening of the heat pump and the existing air outlet pipe is connected to the air inlet opening of the heat pump (R-Rheem-Page 14).
Regarding claim 16, HeatingHelp.com, as modified, discloses the kit of parts for renewing a building heating system by applying the method according to claim 1, comprising: at least one air source heat pump (R-Page 8), and at least one control unit (R-Page 17) connectable to said at least one air source heat pump configured to control said heat pump, and at least one control unit is connectable to at least one heating tube to control the at least one heating tube ([0059]).
Regarding claim 17, HeatingHelp.com, as modified, discloses the kit of parts according to claim 16, further comprising: at least one pipe adapter configured to be connected to the air source heat pump and to an existing air inlet pipe and/or an existing air inlet opening, and to an existing flue gas discharge pipe and/or an existing flue gas outlet (R-Page 14).
Regarding claim 18, HeatingHelp.com, as modified, discloses the kit of parts according to claim 16, further comprising: at least one new fluid temperature sensor and/or at least one new fluid pressure sensor (R-Page 7-8). As a clarification, the water heater comprises a thermostat which will detect the water’s temperature.
Regarding claim 19, HeatingHelp.com, as modified, discloses the kit of parts according to claim 16, further comprising: at least one auxiliary heat source (H, Figure 5) connectable to said heat pump, wherein the at least one control unit (R-Page 17) is connectable to said at least one auxiliary heat source to control the at least one auxiliary heat source, or the at least one auxiliary heat source, or the at least one heating tube and/or the at least one auxiliary heat source, and/or based upon fluid temperature values measured by at least one fluid temperature sensor of the building heating system, and/or said at least one new fluid temperature sensor, and/or based upon fluid pressure values measured by at least one fluid pressure sensor of the building heating system, and/or said at least one new fluid pressure sensor. (R-Pages 9-10, i.e., EcoNet).
Regarding claim 20, HeatingHelp.com, as modified, discloses the method according to claim 5, further comprising step 1): connecting a control unit (300), to the at least one alternative auxiliary heat source (400, Figure 8), for controlling the at least one alternative auxiliary heat source dependent on one or more temperature values measured by one or more temperature sensors and/or one or more fluid pressure sensors.
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Process to decommission a boiler and remove (HeatingHelp.com), Electric Residential Hybrid Water Heater Instructions (Rheem), Yoshida et al (US 2018/0051894), Zhao et al. (US 2023/0228453), and Kwun et al. (US 2017/0184323).
Regarding claim 7, HeatingHelp.com, as modified, discloses the method according to claim 5, but not that at least one heating tube is an induction heating tube.
However, Kwun discloses a water heater (Abstract) wherein the at least one heating tube is an induction heating tube (20, [0018]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize and inductive heater within the water heater due to their high efficiency which leads to more economical operation of the water heater.
Regarding claim 8, HeatingHelp.com, as modified, discloses the method according to claim 7, further comprising step i): connecting at least one induction heating tube to an alternating current source ([0016]).
Regarding claim 9, HeatingHelp.com, as modified, discloses the method according to claim 8, wherein step i) further comprises: a step of, subsequently to or simultaneously, connecting at least one frequency converter in between the alternating current source and the induction heating tube to increase a default frequency value of the alternating current source to increase a frequency value ([0031-0032]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN E BARGERO whose telephone number is (571) 270-1770. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steve McAllister can be reached at (571) 272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN E BARGERO/Examiner, Art Unit 3762
/STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762