Prosecution Insights
Last updated: May 29, 2026
Application No. 18/667,975

Systems and Methods for Passive and Active Hybrid Defrost Control for Pool/Spa Heat Pumps

Non-Final OA §103
Filed
May 17, 2024
Priority
May 25, 2023 — provisional 63/468,927
Examiner
SHAIKH, MERAJ A
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Hayward Industries Inc.
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
1y 7m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allowance Rate
268 granted / 465 resolved
-12.4% vs TC avg
Strong +23% interview lift
Without
With
+22.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
28 currently pending
Career history
501
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
88.0%
+48.0% vs TC avg
§102
5.5%
-34.5% vs TC avg
§112
5.4%
-34.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 465 resolved cases

Office Action

§103
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 Objections Claims 6, 10 and 11 are objected to because of the following informalities: Claimed limitation, "the second predetermined temperature value" lacks antecedent basis in the claims. The above mentioned claims should recite the limitation as ‘-- a second predetermined temperature value --’ Appropriate correction is required. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1-9 and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chamoun (US 2017/0276422 A1) and in view of Aoki (US 2009/0266093 A1). In regards to claim 1, Chamoun teaches a system for passive/active hybrid defrosting of a heat pump (see figs. 1-5 and abstract), comprising: a controller (controller 100) in communication with a heat pump (see figs. 1); and a memory (memory, see paragraph 24) storing control logic executed by the controller (see figs. 1-5 and paragraph 24), the control logic causing the controller to: determine a temperature of an evaporator coil of the heat pump (temperature sensor 50 to determine temperature of evaporator coil, see paragraphs 29, 31); operate the heat pump in a passive defrost mode (operating heat pump in first/free defrost operation, paragraphs 26-28 and figs. 2-5) if the temperature of the evaporator coil indicates predetermined level of frost (see first/free defrost operation based on air temperature at the evaporator coil, paragraphs 29-30 and figs. 2-5); and operate the heat pump in an active defrost mode if the temperature of the evaporator coil remains below the first predetermined temperature value and a first time period has expired (see second/positive defrost operation when the sensed temperature is below the predetermined temperature for a predetermined time, claim 9 and figs. 2-5). However, Chamoun does not explicitly teach that frost is indicated by temperature of coil being less than or equal to a first value. Aoki discloses a defrosting system of a heat pump (see fig. 2 and abstract), comprising: a controller (control unit 12) in communication with a heat pump (see paragraph 46); and the controller configured to determine a temperature of an evaporator coil of the heat pump (determine temperature of the outdoor pipe of the evaporator coil 11, see figs. 1-2 and paragraph 43); operate the heat pump in a defrost mode (start defrost at step S5, see fig. 2) if the temperature of the evaporator coil is less than or equal to a first predetermined temperature value (if the outdoor pipe temperature is less than or equal to the set value at step S3, see fig. 2 and paragraph 59). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have reprogrammed the controller of Chamoun to determine the evaporator coil temperature and operate the heat pump in a passive defrost mode if the temperature of the evaporator coil is less than or equal to a first predetermined temperature value based on the teachings of Aoki in order to accurately determine the amount of frost accumulated on the evaporator coil because reducing temperature of the evaporator coil below zero is a direct indication of the increasing amount of frost formed on the outdoor evaporator heat exchanger (see paragraph 59, Aoki). In regards to claim 2, Chamoun as modified teaches the limitations of claim 1 and further discloses that the controller to operate the heat pump in the passive defrost mode for the first time period (free defrost mode operated within a short period, see paragraph 30; wherein, free defrost mode operated independent of second defrost operation, see figs. 2-5). In regards to claim 3, Chamoun as modified teaches the limitations of claim 2 and further discloses that the controller to stop operation of the passive defrost mode when the first time period has elapsed and the temperature of the evaporator coil remains below the first predetermined temperature value (free defrost mode stopped after short period of time irrespective of the coil temperature rising above a predetermine temperature, see paragraph 30). In addition, Chamoun does not teach stopping operation of the passive defrost mode when the temperature of the evaporator coil rises above the first predetermined temperature value in the passive mode. Also, Aoki teaches starting and continuing the passive defrost mode based on temperature of the evaporator coil remaining below the first predetermined temperature value (see fig. 2). Therefore, the combination teaches stopping the passive defrost mode when the first time period has elapsed while the and the temperature of the evaporator coil remains below the first predetermined temperature value because the passive defrost mode is stopped based on the first time period and not the coil temperature change within the free defrost mode. In regards to claim 4, Chamoun as modified teaches the limitations of claim 1 and further discloses that the control logic causes the controller of the heat pump to stop operation of the active defrost mode when the temperature of the evaporator coil is greater than a second predetermined temperature value (controller 100 terminates defrost cycle when coil temperature reaches predetermined increased temperature, see paragraphs 31, and 36-38). In regards to claim 5, Chamoun as modified teaches the limitations of claim 1 and further discloses that the control logic causes the controller to operate the heat pump in the active defrost mode for a second time period (controller 100 operates heat pump in active defrost mode for a second time period, see below annotated fig. 4 and paragraphs 40-41). PNG media_image1.png 500 490 media_image1.png Greyscale In regards to claim 6, Chamoun as modified teaches the limitations of claim 5 and further discloses that the control logic causes the controller to stop operation of the active defrost mode if the temperature of the evaporator coil is greater than the second predetermined temperature value (controller 100 terminates defrost cycle when coil temperature reaches predetermined increased temperature, see paragraphs 31, and 36-38). In regards to claim 7, Chamoun as modified teaches the limitations of claim 1 and further discloses that the control logic causes the controller to stop operation of the passive defrost mode or the active defrost mode upon expiration of time (free defrost mode stopped after short period of time irrespective of the coil temperature rising above a predetermine temperature, see paragraph 30; Also see figs. 4-5, where active/positive defrost mode ends after a time period). In addition, Aoki teaches that the controller (controller 12) is configured to end the defrost operation upon expiration of a timeout timer (defrost ends after expiration of adjustable defrosting time, see fig. 4 and paragraphs 59-60, 64-65). In regards to claims 8 and 9, Chamoun as modified teaches the limitations of claim 1 and Aoki further discloses that the first predetermined temperature value is 29 degrees Fahrenheit or the first predetermined temperature value falls in a range of 22-32 degrees Fahrenheit (controller 12 is configured to set the first predetermined temperature set value to -2 (negative) degree Celsius or below, which is equivalent to 28.4 degrees Fahrenheit, see S3, fig. 2 and paragraphs 64-65). It would have been for one of ordinary skill in the art before the effective filing date of the claimed invention to have reprogrammed the controller of Chamoun to set the first predetermine temperature at 29 degrees Fahrenheit (-1.67 degree Celsius) based on the teachings of Aoki because Aoki teaches setting the first predetermine temperature at 28.4 degrees Fahrenheit (-2 degree Celsius), which is very close the claimed 29 degrees Fahrenheit, and because it is a known technique to set the first predetermined temperature near or just below zero degree Celsius to prevent frost accumulation or protect efficiency of the heat pump by employing defrost methods as the frost starts to accumulate on the evaporator coil to obtain a predictable result of improved efficiency of the heat pump. In addition, applicant has not assigned any significance to the exact value of 29 degrees Fahrenheit, which improves the efficiency of the claimed heat pump in any particular way, rather the disclosure requires the first predetermine temperature to be less than or equal to 29 degrees Fahrenheit (see paragraph 12, specification). In regards to claim 11, Chamoun as modified teaches the limitations of claim 1 and Aoki further discloses that the second predetermined temperature value falls in a range of 40-50 degrees Fahrenheit (see 8 degrees Celsius for stopping defrost operation, at step S7, fig. 2; which is 46.4 degrees Fahrenheit, paragraph 59). In regards to claim 12, Chamoun as modified teaches the limitations of claim 1 and further discloses that the heat pump is operated in the passive defrost mode by turning off a compressor of the heat pump and turning on a fan of the heat pump (see defrost operation by activating outdoor heat exchanger fan 48 and turning off compressor 20, paragraphs 27-28). In regards to claim 13, Chamoun as modified teaches the limitations of claim 1 and further discloses that the heat pump is operated in the active defrost mode by turning off a fan of the heat pump and turning on a compressor of the heat pump (see defrost operation by turning on compressor 20 without turning on the outdoor heat exchanger fan 48, paragraphs 31 and 38). Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chamoun in view of Aoki as applied to claim 1 above and further in view of Wellman (US 2002/0184900 A1). In regards to claim 10, Chamoun as modified teaches the limitations of claim 1 and Aoki further discloses that the second predetermined temperature value is 46.4 degrees Fahrenheit (see step S7, fig. 2); however, Chamoun does not teach the second value to be 42 degrees Fahrenheit. Wellman teaches stopping the defrost cycle at the second predetermined temperature value between 40 and 50 degrees Fahrenheit, which includes 42 degrees Fahrenheit (see paragraphs 44, 56). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have reprogrammed the controller of Chamoun to set the second predetermined temperature value at 42 degrees Fahrenheit based on the teachings of Aoki in order to conserve energy by terminating the defrost operation before overheating the evaporator coil and restarting the cooling operation of the heat pump with a greater temperature difference. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MERAJ A SHAIKH whose telephone number is (571)272-3027. The examiner can normally be reached on M-R 9:00-1:00 pm. 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, Jianying Atkisson can be reached on 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MERAJ A SHAIKH/Examiner, Art Unit 3763 /JIANYING C ATKISSON/Supervisory Patent Examiner, Art Unit 3763
Read full office action

Prosecution Timeline

May 17, 2024
Application Filed
Mar 30, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12638199
AIR CONDITIONING SYSTEM
2y 9m to grant Granted May 26, 2026
Patent 12584678
REFRIGERATOR WITH DYNAMIC MULTI-ZONE ANTI-SWEAT HEATING SYSTEM
4y 12m to grant Granted Mar 24, 2026
Patent 12587108
POWER CONVERTING APPARATUS, HEAT PUMP APPARATUS, AND AIR CONDITIONER
2y 7m to grant Granted Mar 24, 2026
Patent 12570128
METHODS AND SYSTEMS FOR USING MEAN KINETIC TEMPERATURE TO CONTROL A TRANSPORT CLIMATE CONTROL SYSTEM
3y 7m to grant Granted Mar 10, 2026
Patent 12540769
REFRIGERATOR
3y 0m to grant Granted Feb 03, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
58%
Grant Probability
80%
With Interview (+22.9%)
3y 8m (~1y 7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 465 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month