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 .
Claim Rejections - 35 USC § 112
1. 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 23-26 are 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 pre-AIA the applicant regards as the invention.
Claim 23, line 9, recites the limitation of “at least in part” which is confusing as it is unclear what constitute “at least in part” as recited in the claim. As such the claim limitation is indefinite.
Claim 24, lines 15, 19 and 23, recites the limitation of “at least in part” which is confusing as it is unclear what constitute “at least in part” as recited in the claim. As such the claim limitation is indefinite.
Claims 25 and 26 are rejected based upon their dependency from claim 24.
Claim 24, lines 17-18, recites the limitation of “a baseline operating mode whereby the system maintains a baseline volume of stored hot water at a baseline temperature” which is confusing as it is unclear what constitute “baseline operating mode” … “baseline volume” and “baseline temperature” as recited in the claim. As such the claim limitation is indefinite.
Claims 25 and 26 are rejected based upon their dependency from claim 24.
Claims 21-25 are 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 pre-AIA the applicant regards as the invention.
Claim 21, calls for the limitations of the “controller that determines” and claim 24 calls for the limitations of the “controller that “determines” and “configured”. Applicant’s specification paragraph [0073], [0078-0078], [0084], [0088], [00101-00103] and [00109] describes that “the present invention can provide a baseline operating scheme, controller is configured to utilize machine learning, the system may be configured to continuously monitor tank temperatures, and the machine learning program can develop optimized heat pump; and system configured to utilize machine learning, the machine learning program can determine”. Although structure (15) is present in the specification (controller); however, the specification discloses no corresponding machine learning algorithm associated with the controller/program/ algorithm). Mere reference to a general-purpose controller without providing detail about the means to accomplish the function, is not an adequate disclosure. Id. at 1334; Finisar, 523 F.3d at 1340-41. In addition, simply reciting the claimed function in the specification, while saying nothing about how the controller ensures that the functions are performed, is not a sufficient disclosure for an algorithm, which by definition, must contain a sequence of steps. Blackboard, Inc. v. Desire2Learn, Inc., 574 F.3d 1371, 1384 (Fed. Cir. 2009).
The specification must sufficiently disclose an algorithm to transform a general control part to a special purpose controller so that a person of ordinary skill in the art can implement the disclosed algorithm to achieve the claimed function. Id. at 1338. Therefore, the claim is indefinite; and a method claim that only claims a computer operation by function without an algorithm is considered "pure functional claiming"; this is because it's an expression of a desired result without providing instructions on how to achieve it.
Claims 23 and 25-26 are dependent from claims 21 and 23 are rejected under 35 U.S.C. 112 above and therefore inherit the deficiencies of the parent claims 21 and 23.
Claim Rejections - 35 USC § 103
2. 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 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 of this title, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 21 and 23-26 are rejected under 35 U.S.C. 103 as being unpatentable over WATANABE et al. (English Translated Japanese Patent Pub No.: 2014194293 A), hereinafter referred to as WATANABE et al. ‘293, in view of Peter (GB. Patent No.: 2604950 A), hereinafter referred to as Peter ‘950.
Regarding claim 21, WATANABE et al ‘293 disclose a heat pump water heater system, comprising: an air-to-water heat pump unit (1) including a compressor (6) that compresses and heats refrigerant to heat water, and a heat exchanger (9) that is configured to be exposed to ambient air whereby heat from the ambient air is transferred to refrigerant flowing through the heat exchanger {as shown in Figs. 1-2: ¶¶ [0001-0003], [0012-0020]}; a hot water tank system (2/3n) that is configured to receive and store hot water from the heat pump unit {as shown in Fig. 1: ¶¶ [0007-0008], [0013] and [0016]}; a plurality of temperature sensors (27a-i) that are configured to measure water temperatures in the hot water tank system, and configured such that a volume of water in the hot water tank system at a temperature above or below a sensed temperature can be determined {as shown in Figs. 1-2: ¶¶ [0015-0016] and [0048-0049}; and a controller (21) that determines a volume of hot water in the hot water tank system above a predefined temperature based on the sensor data from the plurality of temperature sensors, wherein the hot water tank system includes at least two stratified tanks (11a/11n) that are fluidly interconnected such that when the system is increasing a volume of hot water in the hot water tank system, hot water from the heat pump unit flows into a top (11aT) of a first tank (11a), water from a bottom (11aB) of the first tank flows into a top (11nT) of a second tank (11n), water from a bottom (11nB) of the second tank is returned (4) to the heat pump unit and heated (1), whereby the temperature of the water in each of the tanks is higher at a top of the tank and lower at a bottom of the tank, and the water in the top of the first tank has a higher temperature than water in the top of the second tank {as shown in Figs. 1 and 6: ¶¶ [0002], [0004], [0014-0021], [0035-0040] and [0048-0049]}.
However, WATANABE et al ‘293 fail to explicitly disclose the limitations of the heat exchanger that is configured to be exposed to ambient air from outside of a building whereby heat from the ambient air is transferred to refrigerant flowing through the heat exchanger.
Peter ‘660 teaches: the concept of the heat exchanger that is configured to be exposed to ambient air from outside of a building whereby heat from the ambient air is transferred to refrigerant flowing through the heat exchanger {see Page 6, ¶¶ 1 and 6; and Page 10, ¶2}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify WATANABE et al ‘293 in view of Peter ‘660 to include a building, in order to facilitate utilization of a centralized water provision system to a plurality of water outlets {Peter ‘660 – Page 10, ¶2}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the WATANABE et al ‘293 in view of Peter ‘660 to obtain the invention as specified in claim 1.
Regarding claim 23, the combination of WATANABE et al ‘293 and Peter ‘660 disclose and teach the heat pump water heater system of claim 21, WATANABE et al ‘293 wherein: a first water temperature sensor (27a) is located at an upper portion of the first water tank (10T) {as shown in Fig. 1: ¶¶ [0015] and [0036]}; a second water temperature sensor (27c) is located at a lower portion (10B) of the first water tank {as shown in Fig. 1: ¶¶ [0015] and [0020]}; a third water temperature sensor (27d) is located at an upper portion (11aT) of the second water tank {as shown in Fig. 1: ¶¶ [0015] and [0036]}; a fourth water temperature sensor (27f) is located at a lower portion (11aB) of the second water tank {as shown in Fig. 1: ¶¶ [0015] and [0017]}; a fifth water temperature sensor (27g) is located at an upper portion (11nT) of the third water tank {as shown in Fig. 1: ¶¶ [0015] and [0017]}; a sixth water temperature sensor (27i) is located at a lower portion (11nB) of the third water tank {as shown in Fig. 1: ¶¶ [0015] and [0021]}; and wherein the controller is configured to determine a volume of hot water in the hot water tank system based, at least in part, on water temperatures measured by the first, second, third, fourth, fifth, and sixth water temperature sensors {see ¶¶ [0049] and [0055-0058]}.
Regarding claim 24, WATANABE et al ‘293 disclose a heat pump water heater system, comprising: an air-to-water heat pump unit (1) including a compressor (6) that compresses and heats refrigerant to heat water, and a heat exchanger (9) that is configured to be exposed to ambient air from outside of a building whereby heat from the ambient air is transferred to refrigerant flowing through the heat exchanger {as shown in Figs. 1-2: ¶¶ [0001-0003], [0012-0020]}; a hot water tank system (2/3n) that is configured to receive and store hot water from the heat pump unit a plurality of temperature sensors (27a-i) that are configured to measure water temperatures in the hot water tank system, and configured such that a volume of water in the hot water tank system at a temperature above or below a sensed temperature can be determined {as shown in Figs. 1-2: ¶¶ [0007-0008], [0013], [0015-0016] and [0048-0049]}; and a controller (21) that determines a volume of hot water in the hot water tank system above a predefined temperature based on the sensor data from the plurality of temperature sensors{as shown in Figs. 1 and 6: ¶¶ [0048-0049]}.
However, WATANABE et al ‘293 fail to disclose the limitations of wherein: the controller is configured to turn the heat pump unit ON and OFF based, at least in part, on temperatures from a first pair of temperature sensors being below and above, respectively, LOW and HIGH temperatures during a baseline operating mode whereby the system maintains a baseline volume of stored hot water at a baseline temperature; the controller is configured to turn the heat pump unit ON and OFF based, at least in part, on temperatures from a second pair of temperature sensors being below and above, respectively, LOW and HIGH temperatures during a load up cycle whereby the volume of stored hot water at the baseline temperature is initially reduced during a load up cycle; and the controller is configured to turn the heat pump unit ON and OFF based, at least in part, on temperatures from a second pair of temperature sensors being below and above, respectively, LOW and HIGH temperatures after the volume of stored hot water at the baseline temperature is reduced whereby a volume of hot water at or above the baseline temperature is increased prior to a predicted period of increased demand.
Peter ‘660 teaches: the concept of machine leaning algorithm (120) programmable controller (110) capable of being reprogrammed/configured to configured to turn the heat pump unit ON and OFF based, at least in part, on temperatures from a first pair of temperature sensors being below and above, respectively, LOW and HIGH temperatures during a baseline operating mode whereby the system maintains a baseline volume of stored hot water at a baseline temperature; the controller is configured to turn the heat pump unit ON and OFF based, at least in part, on temperatures from a second pair of temperature sensors being below and above, respectively, LOW and HIGH temperatures during a load up cycle whereby the volume of stored hot water at the baseline temperature is initially reduced during a load up cycle; and the controller is configured to turn the heat pump unit ON and OFF based, at least in part, on temperatures from a second pair of temperature sensors being below and above, respectively, LOW and HIGH temperatures after the volume of stored hot water at the baseline temperature is reduced whereby a volume of hot water at or above the baseline temperature is increased prior to a predicted period of increased demand {see Page 11, ¶¶ 1-2; and Page 17, ¶1 through Page 20}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify WATANABE et al ‘293 controller by the controller of Peter ‘660 so as to enable the configured to turn the heat pump unit ON and OFF based, at least in part, on temperatures from a first pair of temperature sensors being below and above, respectively, LOW and HIGH temperatures during a baseline operating mode whereby the system maintains a baseline volume of stored hot water at a baseline temperature; the controller is configured to turn the heat pump unit ON and OFF based, at least in part, on temperatures from a second pair of temperature sensors being below and above, respectively, LOW and HIGH temperatures during a load up cycle whereby the volume of stored hot water at the baseline temperature is initially reduced during a load up cycle; and the controller is configured to turn the heat pump unit ON and OFF based, at least in part, on temperatures from a second pair of temperature sensors being below and above, respectively, LOW and HIGH temperatures after the volume of stored hot water at the baseline temperature is reduced whereby a volume of hot water at or above the baseline temperature is increased prior to a predicted period of increased demand, in order to optimize for lowest cost of operation {Peter ‘660 – Abstract}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the WATANABE et al ‘293 in view of Peter ‘660 to obtain the invention as specified in claim 24.
Regarding claim 25, the combination of WATANABE et al ‘293 and Peter ‘660 disclose and teach the heat pump water heater system of claim 24, WATANABE et al ‘293 as modified by Peter ‘660 is capable of being reprogramed wherein: at least one of the LOW and HIGH temperatures of the third pair of sensors is greater than the baseline temperature whereby at least some stored hot water has a temperature that is greater than the baseline temperature{see Page 11, ¶¶ 1-2; and Page 17, ¶1 through Page 20}.
Regarding claim 26, the combination of WATANABE et al ‘293 and Peter ‘660 disclose and teach the heat pump water heater system of claim 25, WATANABE et al ‘293 as modified by Peter ‘660 is capable of being reprogramed wherein: the controller is configured to cause the heat pump unit to produce hot water at a baseline output temperature in the baseline operating mode, and cause the heat pump unit to produce hot water at a load up output temperature that is greater than the baseline output temperature when the third pair of sensors is being utilized, whereby the system produces and stores at least some hot water having a temperature that is greater than the baseline temperature prior to a period of increased demand {see Page 11, ¶¶ 1-2; and Page 17, ¶1 through Page 20}.
Examiner’s Comments
3. Applicant's request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action has been vacated and substituted by this Final rejection.
Response to Arguments
4. Applicant's arguments, see pages 6-8, filed 05/06/2026, with respect to the rejection(s) of claim(s) 21-26 under 35 USC § 103(a) have been fully considered but are moot in view of the new ground(s) of rejection as detailed above.
Conclusion
5. Applicant's amendment necessitated the new grounds 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).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2016/0010878 A1 to Lee et al
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL E DUKE whose telephone number is (571)270-5290. The examiner can normally be reached on Monday thru Friday; 6:00 AM to 2:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (571)272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL E DUKE/
Primary Examiner, Art Unit 3763
05/016/2026
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