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 .
DETAILED ACTION
1. This communication is a first office action, non-final rejection on the merits. Claims 1-20, filed as preliminary amendment, are currently pending and have been considered below.
Response to Amendment
2. Applicant’s amendment filed February 27, 2024 amends claims 1-20. Claims 1- 20 presented for Examination. Applicant’s amendment has been fully considered and entered.
Priority
3. As required by M.P.E.P.201.14(c), acknowledgement is made of applicant’s claim for priority based on applications filed on October 13, 2022(PCT/EP2022/078468) and October 13, 2021 (DE 10 2021 126 553.3).
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on 7/18/25 and 2/28/24 has been considered. The submission is in compliance with the provisions of 37 CFR 1.97. Form PTO-1449 is signed and attached hereto.
Claim Rejections - 35 USC § 103
5. 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.
6. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
7. 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.
8. Claims 1-7, 9-11 and 13-20 are rejected under 35 U.S.C. 103(a) as being unpatentable over DAAR (EP 0497147 A2) (hereinafter DAAR) in view of BERTELLI (WO 2009031169 A1) (hereinafter BERTELLI ).
Regarding claim 1, DAAR discloses a method for the safety-oriented control of at least one final control element of at least one electrically actuated gas valve (page 2, lines 24-26, devices AG, AG 'jointly control a technical process P, Actuate relay R, R 'or evaluate encoder G, G'. The relays R, R 'can, for example, trigger a switchingrelay SR that opens or closes a valve V of a burner system), which is switched by means of two relays connected in series, wherein the final control element is activated only if the first relay and the second relay are tripped (page 2, lines 24-26, The relays R, R 'can, for example, trigger a switching relay SR that opens or closes a valve V of a burner system. The transmitters G, G ', for example, can report the switching state of the switching relay SR to the subunits AG, AG)
a control device is programmed in such a way that the final control element is activated by tripping the two relays only if both the first monitoring device and the second monitoring device report to the control device that there is no flow of current before the activation (Abstract, A method for operating a program-controlled device by two ubdevices (AG,AG'), particularly for a burner system, having two identical program sequences, inwhich a mutual synchronisation of the program sequences occurs at the latest after a time (T) preselectable by user has elapsed, claim 1, Method for operating a program-controlled automation device, redundantly constructed with two sub-devices, FIG. 1, the devices AG, AG 'jointly control a technical process P, by Actuate relay R, R).
DAAR specifically fails to disclose wherein a flow of current over the first relay is monitored by a first monitoring device,
a flow of current over the second relay is monitored by a second monitoring device.
In analogous art, BERTELLI discloses wherein a flow of current over the first relay is monitored by a first monitoring device (Abstract, A monitoring device for a safety element or component of an electrical appliance for domestic use or for a gas appliance, such as a gas valve (2) or the like, said valve (2) being electrically powered by said device, this latter comprising a power supply line (4) connected to electrical connectors (2A, 2B) of the valve (2), page 4, lines 10-15, signal passes through branches 3, 10C, 13, 15, 11E and 5. (current) signal that circulating through device circuit 1 and optoisolator 16 senses current circulation through the circuit 1),
a flow of current over the second relay is monitored by a second monitoring device (page 25-28, electrical component able to determine a passage of current through branch 13, claim 6, A device as claimed in claim 1 , characterised in that the sensing means are an electrical component for sensing current passage).
.Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of a method for operating a program-controlled automation device built up redundantly by means of two subdevices (AG,AG'), particularly for a burner system, having two identical program sequences, in which a mutual synchronisation of the program sequences occurs at the latest after a time (T) preselectable by the user has elapsed disclosed by DAAR to use monitoring device for a safety element of an electrical appliance for domestic use or of a gas appliance as taught by BERTELLI to include change-over switch is connected into each of two opposing branches of the supply line, between parallel electrical branches being provided connected to electrical signal sensing means for unidirectional devices positioned in each of branches and being arranged to correctly feed this signal to safety element [BERTELLI , Abstract].
Regarding claim 2, DAAR fails to discloses the method according to claim 1, wherein, in the event of a fault in at least one of the two relays and/or in at least one of the two monitoring devices, the final control element is switched to a safe state blocked for further control (page 1, lines 12-14, control devices comprise a change-over switch or a series of change-over switch s provided in an electrical supply line to safety element, page 2, lines 17-20, Each of the two branches 3 and 5 of line 4 comprises change-over switch 7 A and 7B controlled by a control element).
In analogous art, BERTELLI discloses the method according to claim 1, wherein, in the event of a fault in at least one of the two relays and/or in at least one of the two monitoring devices, the final control element is switched to a safe state blocked for further control (page 1, lines 12-14, control devices comprise a change-over switch or a series of change-over switch s provided in an electrical supply line to safety element, page 2, lines 17-20, Each of the two branches 3 and 5 of line 4 comprises change-over switch 7 A and 7B controlled by a control element)).
.Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of a method for operating a program-controlled automation device built up redundantly by means of two subdevices (AG,AG'), particularly for a burner system, having two identical program sequences, in which a mutual synchronisation of the program sequences occurs at the latest after a time (T) preselectable by the user has elapsed disclosed by DAAR to use monitoring device for a safety element of an electrical appliance for domestic use or of a gas appliance as taught by BERTELLI to include control devices usually comprise a change-over switch or a series of change-over switches provided in an electrical supply line to said safety element, the opening and closure of which results in the operation of said element. [BERTELLI , page 1, lines 12-18].
Regarding claim 3, DAAR discloses the method according to claim 1, wherein, in the event of a fault in at least one of the two relays and/or in at least one of the two monitoring devices, the final control element is switched to a safe state blocked for further control (Abstract, controlled device by means of two subdevices (AG,AG'), FIG. 1, devices AG, AG 'control process P by Actuate relay R, R, page 2. Lines 8-10, synchronization systems, processing of interruptions (interrupts ) of sequences).
Regarding claim 4, DAAR discloses the method according to claim 1, wherein, in the event of a fault in at least one of the two relays and/or in at least one of the two monitoring devices, the final control element is switched to a safe state blocked for further control (page 2, lines 45-49, After synchronization processing of the process interrupts I and After interrupts I, counter Z reset and process begins again, page 2. Lines 7-9, synchronization processing of interruptions (interrupts ) of sequences).
Regarding claim 5, DAAR discloses the method according to claim 4, wherein, after the control device has been reset, the relay in respect of which the information has been stored is always tripped first (page 2, lines 45-49, After synchronization processing of the process interrupts I and After interrupts I, counter Z reset and process begins again, page 2. Lines 19-20, FIG. 1, each of the automation devices AG, AG 'consists of a central unit CPU, CPU' and memory M, M ' and store data information).
Regarding claim 6, DAAR discloses the method according to claim 1, wherein the two relays for activating the final control element are closed by the control device in succession, with a delay of 10 ms to 500 ms (page 2, lines 28-40, FIG 2, the devices AG, AG 'execute identical programs. After time T at the latest, here five milliseconds, the program sequences in the two subunits AG, AG 'are synchronized, In order to achieve such a synchronization, counter Z is first set to the value Z₀ and clock supplied by the clock generators where maximum of 12 clock cycles per machine command and a desired synchronization grid of 5 ms, the value Z₀ would be 5000).
Regarding claim 7, DAAR discloses the method according to claim 1, wherein the two relays for deactivating the final control element are opened by the control device in succession, with a delay of 10 ms to 500 ms (page 2, lines 28-40, FIG 2, the devices AG, AG 'execute identical programs. After time T at the latest, here five milliseconds, the program sequences in the two subunits AG, AG 'are synchronized, In order to achieve such a synchronization, counter Z is first set to the value Z₀ and clock supplied by the clock generators where maximum of 12 clock cycles per machine command and a desired synchronization grid of 5 ms, the value Z₀ would be 5000).
Regarding claim 9, DAAR fails to discloses the method according to claim 1, wherein a fault in the form of a fused relay contact is identified by means of the control device in that, despite a switched off relay, a signal from the monitoring device corresponding to the switched off relay is detected (Abstract, A change-over switch (7) is connected into each of two opposing branches (3, 5) of the supply line (4), between branches (3, 5) parallel electrical branches (10, 11 ) being provided connected to electrical signal sensing means).
In analogous art, BERTELLI discloses the method according to claim 1, wherein a fault in the form of a fused relay contact is identified by means of the control device in that, despite a switched off relay, a signal from the monitoring device corresponding to the switched off relay is detected (Abstract, A change-over switch (7) is connected into each of two opposing branches (3, 5) of the supply line (4), between branches (3, 5) parallel electrical branches (10, 11 ) being provided connected to electrical signal sensing means).
.Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of a method for operating a program-controlled automation device built up redundantly by means of two subdevices (AG,AG'), particularly for a burner system, having two identical program sequences, in which a mutual synchronisation of the program sequences occurs at the latest after a time (T) preselectable by the user has elapsed disclosed by DAAR to use monitoring device for a safety element of an electrical appliance for domestic use or of a gas appliance as taught by BERTELLI to include control devices usually comprise a change-over switch or a series of change-over switches provided in an electrical supply line to said safety element, the opening and closure of which results in the operation of said element. [BERTELLI , page 1, lines 12-18].
Regarding claim 10, DAAR fails to discloses the method according to claim 1, wherein a fault in the form of a defective relay or a fault in the form of a defective monitoring device is identified by means of the control device in that, despite a switched on relay, a signal from the monitoring device corresponding to the switched on relay is not detected.
In analogous art, BERTELLI discloses the method according to claim 1, wherein a fault in the form of a defective relay or a fault in the form of a defective monitoring device is identified by means of the control device in that, despite a switched on relay, a signal from the monitoring device corresponding to the switched on relay is not detected (page 4, lines 5-7, and lines 25-28, control unit senses that valve 2 not powered and is closed. When the switch 7B positioned is closed, a signal appears at the optoisolator 16, error situation detected by optoisolator 16, and an alarm signal or other fault indication e generated to prevent starting control sequence leading to activation of safety element, for presence of a system fault or malfunction).
.Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of a method for operating a program-controlled automation device built up redundantly by means of two subdevices (AG,AG'), particularly for a burner system, having two identical program sequences, in which a mutual synchronisation of the program sequences occurs at the latest after a time (T) preselectable by the user has elapsed disclosed by DAAR to use monitoring device for a safety element of an electrical appliance for domestic use or of a gas appliance as taught by BERTELLI to include electrical branches connected to the electrical line branches via nodes, wherein the corresponding change-over switch being disposed between two consecutive nodes present in same line branch monitoring device for a safety element of an electrical appliance ([BERTELLI , claim 2].
Regarding claim 11, DAAR fails to discloses the method according to claim 1, wherein a fault in the form of a fused relay contact in combination with a defective monitoring device is identified by means of the control device in that, in the event of a change in the switching state of the relay no change in the signal of the corresponding monitoring device is detected.
In analogous art, BERTELLI discloses the method according to claim 1, wherein a fault in the form of a fused relay contact in combination with a defective monitoring device is identified by means of the control device in that, in the event of a change in the switching state of the relay no change in the signal of the corresponding monitoring device is detected (page 4, lines 5-7, control unit senses that valve 2 not powered and is closed. When the switch 7B positioned is closed, a signal appears at the optoisolator 16, error situation detected by optoisolator 16).
.Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of a method for operating a program-controlled automation device built up redundantly by means of two subdevices (AG,AG'), particularly for a burner system, having two identical program sequences, in which a mutual synchronisation of the program sequences occurs at the latest after a time (T) preselectable by the user has elapsed disclosed by DAAR to use monitoring device for a safety element of an electrical appliance for domestic use or of a gas appliance as taught by BERTELLI to include control devices usually comprise a change-over switch or a series of change-over switches provided in an electrical supply line to said safety element, the opening and closure of which results in the operation of said element. [BERTELLI , page 1, lines 12-18].
Regarding claim 13, DAAR fails to discloses the method according to claim 1, wherein at least one monitoring device is operated by means of voltage feedback from an optocoupler contact.
In analogous art, BERTELLI discloses the method according to claim 1, wherein at least one monitoring device is operated by means of voltage feedback from an optocoupler contact (page 4, lines 1-5, the invention is in the rest state and the change-over switches 7A and 7B are open. In (rest) state there is no signal along branch 15 comprising the optoisolator 16, no signal across terminals 16A, 16B, Page 5, lines 13-15, control member act by monitoring the output of the optoisolator 16)..
.Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of a method for operating a program-controlled automation device built up redundantly by means of two subdevices (AG,AG'), particularly for a burner system, having two identical program sequences, in which a mutual synchronisation of the program sequences occurs at the latest after a time (T) preselectable by the user has elapsed disclosed by DAAR to use (rest) state there is no signal along branch comprising the optoisolator, no signal across terminals as taught by BERTELLI to include control devices usually comprise a change-over switch or a series of change-over switches provided in an electrical supply line to said safety element, the opening and closure of which results in the operation of said element. [BERTELLI , page 4, lines 5-10].
Regarding claim 14, DAAR discloses a system comprising: at least one final control element of an apparatus, wherein the final control element is designed as an electrically actuated gas valve, a first relay and a second relay (page 2, lines 24-26, devices AG, AG 'jointly control a technical process P, Actuate relay R, R 'or evaluate encoder G, G'. The relays R, R 'can, for example, trigger a switchingrelay SR that opens or closes a valve V of a burner system),
wherein the final control element is activated only if the first relay and the second relay are tripped (page 2, lines 24-26, The relays R, R 'can, for example, trigger a switching relay SR that opens or closes a valve V of a burner system. The transmitters G, G ', for example, can report the switching state of the switching relay SR to the subunits AG, AG),
a control device which is programmed in such a way that the final control element is activated by tripping the two relays only if both the first monitoring device and the second monitoring device report to the control device that there is no flow of current before the activation of the final control element ( Abstract, A method for operating a program-controlled device by two ubdevices (AG,AG'), particularly for a burner system, having two identical program sequences, inwhich a mutual synchronisation of the program sequences occurs at the latest after a time (T) preselectable by user has elapsed, claim 1, Method for operating a program-controlled automation device, redundantly constructed with two sub-devices, FIG. 1, the devices AG, AG 'jointly control a technical process P, for example by Actuate relay R, R).
DAAR fails to disclose a first monitoring device by which a flow of current across the first relay is monitored ,
a second monitoring device by which a flow of current across the second relay is monitored.
In analogous art, BERTELLI discloses a first monitoring device by which a flow of current across the first relay is monitored (Abstract, A monitoring device for a safety element or component of an electrical appliance for domestic use or for a gas appliance, such as a gas valve (2) or the like, said valve (2) being electrically powered by said device, this latter comprising a power supply line (4) connected to electrical connectors (2A, 2B) of the valve (2), page 4, lines 10-15, signal passes through branches 3, 10C, 13, 15, 11E and 5. (current) signal that circulating through device circuit 1 and optoisolator 16 senses current circulation through the circuit 1),
a second monitoring device by which a flow of current across the second relay is monitored (page 25-28, electrical component able to determine a passage of current through branch 13, claim 6, A device as claimed in claim 1 , characterised in that the sensing means are an electrical component for sensing current passage).
.Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of a method for operating a program-controlled automation device built up redundantly by means of two subdevices (AG,AG'), particularly for a burner system, having two identical program sequences, in which a mutual synchronisation of the program sequences occurs at the latest after a time (T) preselectable by the user has elapsed disclosed by DAAR to use monitoring device for a safety element of an electrical appliance for domestic use or of a gas appliance as taught by BERTELLI to include electrical branches connected to the electrical line branches via nodes, wherein the corresponding change-over switch being disposed between two consecutive nodes present in same line branch monitoring device for a safety element of an electrical appliance ([BERTELLI , claim 2].
Regarding claim 15, DAAR discloses the method according to claim 2, wherein the final control element is switched to a safe state blocked for further control by closing the gas valve (page 1, lines 12-14, control devices comprise a change-over switch or a series of change-over switch s provided in an electrical supply line to safety element, page 2, lines 17-20, Each of the two branches 3 and 5 of line 4 comprises change-over switch 7 A and 7B controlled by a control element).
Regarding claim 16, DAAR discloses the method according to claim 3, wherein the information is stored by means of an EEPROM storage module (page 2, lines 19-20, devices AG, AG 'consists of a central unit CPU, CPU' and a memory M, M ').
Regarding claim 17, DAAR discloses the method according to claim 4, wherein the renewed control of the final control element is enabled by a manual reset (page 2, lines 45-49, After synchronization processing of the process interrupts I and After interrupts I, counter Z reset and process begins again, page 2. Lines 7-9, synchronization processing of interruptions (interrupts ) of sequences).
Regarding claim 18, DAAR discloses the method according to claim 6, wherein the delay is around 100 ms (page 2, lines 28-40, FIG 2, the devices AG, AG 'execute identical programs. After time T at the latest, here five milliseconds, the program sequences in the two subunits AG, AG 'are synchronized, In order to achieve such a synchronization, counter Z is first set to the value Z₀ and clock supplied by the clock generators where maximum of 12 clock cycles per machine command and a desired synchronization grid of 5 ms, the value Z₀ would be 5000).
Regarding claim 19, DAAR discloses the method according to claim 7, wherein the delay is around 100 ms (page 2, lines 28-40, FIG 2, the devices AG, AG 'execute identical programs. After time T at the latest, here five milliseconds, the program sequences in the two subunits AG, AG 'are synchronized, In order to achieve such a synchronization, counter Z is first set to the value Z₀ and clock supplied by the clock generators where maximum of 12 clock cycles per machine command and a desired synchronization grid of 5 ms, the value Z₀ would be 5000).
Regarding claim 20, DAAR fails to discloses the method according to claim 13, wherein the at least one monitoring device is operated by means of voltage feedback from a forcibly guided double contact.
In analogous art, BERTELLI discloses the method according to claim 13, wherein the at least one monitoring device is operated by means of voltage feedback from a forcibly guided double contact (page 5, lines 20-25, control unit for the safety element, which operates at low safety voltage, Page 5, lines 13-15, control member act by monitoring the output of the optoisolator 16)..
.Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of a method for operating a program-controlled automation device built up redundantly by means of two subdevices (AG,AG'), particularly for a burner system, having two identical program sequences, in which a mutual synchronisation of the program sequences occurs at the latest after a time (T) preselectable by the user has elapsed disclosed by DAAR to use monitoring device for a safety element of an electrical appliance for domestic use or of a gas appliance as taught by BERTELLI to include electrical branches connected to the electrical line branches via nodes, wherein the corresponding change-over switch being disposed between two consecutive nodes present in same line branch monitoring device for a safety element of an electrical appliance ([BERTELLI , claim 2].
Allowable Subject Matter
9. Claims 8, and 12 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.
Citation of pertinent Prior Arts
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
i. Chavala (US 20210057905 A1) discloses in circuit and a method for shutdown of automatic ignition controls upon valve relay failures. One or more embodiments describe a method including controlling a power supply to a valve by a valve drive circuit, valve drive circuit comprising a first relay coil and a second relay coil. The method also includes controlling valve drive circuit by checking first relay coil and second relay coil and issue a drive signal to first relay coil and second relay coil, and
ii. Youtz (US 4828484 A) discloses A fail safe redundancy circuit for controlling a gas valve relay in a gas fired furnace or similar burner is disclosed. The status of the relay contacts is monitored and if those contacts are in the position for enabling the gas valve prior to an ignition attempt, a gate is enabled to shunt the control side of a circuit breaking device such as a fuse to overload that device causing it to kick out or open and interrupt power to the circuit thus disabling the burner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mirza Alam whose telephone number is (469) 295-9286. The examiner can normally be reached on Monday-Thursday 7:30AM-6:00PM (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached on 571-270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MIRZA F ALAM/Primary Examiner, Art Unit 2688
