DETAILED ACTION
This non-final office action is in response to amendments filed on 2/25/26.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 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.
Claim 21-25, 27-32, 34-38 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Hibiya et al., US Patent Application Publication no. 2014/0222237 [Hibiya], and Zemach et al., US Patent Application Publication no. 2015/02264601, in view of Langford, US Patent no. 5,956,462 [Langford].
Regarding claims 21, 28 and 35, Hibiya discloses a system for controlling water heaters, the system comprising:
one or more water heaters comprising a first water heater [hot water supply device, paragraph 0041]; and
memory coupled to at least one processor, physically remote from the one or more water heaters [Load control apparatus 10 in Figure 1 includes a control unit 10 and a measurement unit 11 and is separated from the hot water supply device 41. The control unit 10 and measurement unit 11 may be situated in separate housings and be able to communicate with each other or situated in a single housing, paragraphs 44-0045, 0047 and 0060], wherein the at least one processor is configured to:
receive temperature data from one or more temperature sensors of the one or more water heaters [multiple temperature sensors, paragraph 0043];
determine, based on the temperature data, a first amount of hot water to be heated to a threshold temperature of heated water for an actual capacity of the first water heater to satisfy the threshold temperature [determine an amount of hot water to boil based on a present amount of residual hot water that is determined based on temperature data, paragraphs 0043, 0054-0055];
determine an amount of energy needed to heat the first amount of hot water the threshold temperature [power required to boil the amount of hot water, paragraphs 0054-0055]; and
send a control signal to the first water heater, the control signal requesting the water heater to use the amount of energy to heat the first amount of hot water to the threshold temperature [transmitting a control signal to cause the hot water supply device to heat the amount of hot water, paragraphs 0059-0061].
Hibiya, as described above discloses determining a present amount of hot water in a water heater based on data from water heater temperature sensors. Hibiya does not disclose receiving fluid flow data from one or more flow sensors and using the fluid flow data to determine the present amount of hot water in the water heater. Like Hibiya, Zemach discloses a water heater that determines a present amount of hot water in the water heater. Zemach further discloses that the present amount of hot water is determined based on temperature data from one or more water heater temperature sensors and fluid flow data from one or more water heater flow sensors [paragraphs 0054-0055 and 0087-0088]. Since it was known in the art before the effective filing date of the claimed invention to determine a present amount of water in a water heater using temperature data from one or more water heater temperature sensors and fluid flow data from one or more water heater flow sensors, it would have been obvious to one of ordinary skill in the art to incorporate one or more flow meters in the Hibiya hot water supply device and use fluid flow data from the flow meters in addition to temperature data to perform the determination of the present amount of hot water in the water heater.
Hibiya and Zemach disclose accounting for an amount of energy and an amount of time required to perform a desired water boiling process [Hibiya, paragraphs 0054-0055], but do not disclose how the required amount of energy and amount of time are determined. Like Hibiya and Zemach, Langford discloses a water heater that is controlled based on an energy and time required to perform a desired boiling process. Langford further discloses calculating, based on water temperature sensor readings and a desired temperature, a power required to heat all of the water in the tank to the desired temperature and calculating, based on the amount power required, a time required to heat the water to the desired temperature [column 4, lines 2-32]. Since it was known in the art before the effective filing date of the claimed invention to calculate an amount of energy required to heat water in a water heater based on a desired temperature of the water and an amount of time required to the water based on the amount of energy required, it would have been obvious to one of ordinary skill in the art to incorporate the Langford teachings into the Hibiya and Zemach system to accomplish the determinations of the amount of energy and amount of power required to heat the water in the water heater.
Regarding claims 22 and 29, Hibiya further discloses receiving data from a device different than the first water heater, wherein the data are indicative of energy demand of the device different than the first water heater [power consumed by load devices other than the water heater is detected and communicated to the control unit/measurement unit, paragraphs 0044-0046];
wherein sending the control signal is based on the amount of energy needed to heat the first amount of hot water to the threshold temperature and based on the energy demand of the device different than the first water heater [the control unit/measurement unit outputs the control signal to the water heater based on the power consumed by load devices other than the water heater, paragraph 0051, 0055 and 0059-0060].
Regarding claims 23, 30 and 36, Hibiya further discloses that the first amount of hot water is a difference between the actual capacity of the first water heater and a second amount of hot water whose temperature satisfies the threshold temperature [heating of 100L of hot water in addition to the existing residual hot water, paragraphs 0043 and 0054].
Regarding claims 24, 31 and 37, Hibiya further discloses that the actual capacity is less than a rated capacity of the first water heater [the capacity of 460L of hot water, the residual amount of hot water is 300L and the 100L is determined to be heated, paragraph 0055].
Regarding claims 25, 32 and 38, Hibiya further discloses that the actual capacity is based on a type of energy used to heat water in the first water heater [the amount of water to be heated is determined based on an amount of surplus power, paragraph 0058].
Regarding claims 27, 34 and 40, Hibiya further discloses that the at least one processor is further configured to determine an amount of time needed to heat the first amount of water to the threshold temperature using the amount of energy, wherein to send the control signal is based on the amount of time [period of time needed to complete the process of heating the amount of water, paragraphs 0054-0055].
Allowable Subject Matter
Claims 26, 33 and 39 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/PAUL B YANCHUS III/Primary Examiner, Art Unit 2115 April 1, 2026
1 Hibiya and Zemach were previously cited.