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 § 103
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
The Supreme Court in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness which are consistent with the proper “functional approach” to the determination of obviousness as laid down in Graham. The key to supporting any rejection under 35 U.S.C. 103 is the clear articulation of the reason(s) why the claimed invention would have been obvious. The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit.
EXEMPLARY RATIONALES
Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Claim(s) 23, 26-28, 30, 33, 36-37, 44, 45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hayden et al. (US 2021/0270471A1) in view of Gallet et al. (US 2014/0105586A1) and Baxter (US 2004/0161227A1).
Hayden discloses in reference to claim:
23. (New) A partially or wholly electric fluid heater arranged to heat fluid in a first circuit, the fluid comprising heating fluid or tap water, wherein the heater comprises a fluid heater housing (100) arranged to house:
a first electric heating element 112 arranged to heat fluid in the first circuit, wherein the first heating element is arranged to be powered by both an AC power supply and a DC power supply having a
a controller 114 arranged to control distribution of power to the first heating element from the DC power supply and the AC power supply; and configured to switch between supplying DC or AC current to the heating element 112 [[0033] As shown in FIG. 1, water can be heated with an electric heat source 112. The electric heat source 112 can be powered by a DC power source 120. The electric heat source 112 can be or include any form of heat source which can be powered by a direct current power source 120. As non-limiting examples, the electric heat source 112 can include an electrical resistive heating element]
a cooling system (passive heat dissipation from the controller 114 into the surrounding environment within the housing 100) arranged to provide cooling to the controller, wherein the heater further comprises a battery charging mechanism 122, in communication with the controller 114. and wherein the battery charging mechanism 122 is arranged to charge the DC power supply taking into account instantaneous demand for heating water or tap water.
It is noted that the claim element of “a fluid heater housing” is interpreted in the broadest sense as follows: any structure that substantially encloses or surrounds. Note that although the term “housing” is not used explicitly by Hayden, the hashed line indicated at 100 can be seen to enclose or surround the fluid heater. It is further noted that the recitation of a cooling system is not accompanied by specific structure to distinguish from the passive cooling through heat transfer.
Note, also, that Hayden discloses:
[0056] The controller 114 can be configured to intelligently conserve DC energy such that DC energy can be directed to heat the water in the solar thermal reservoir 206 only as needed. Because DC energy has many uses other than heating water (e.g., powering electrical appliances, powering lights, charging electronic devices, and the like) and because energy used to heat water cannot be easily converted back into stored electrical energy, the controller 114 can be configured to learn usage patterns of the user and heat the water in the solar thermal reservoir 206 when the controller 114 anticipates hot water will be needed.
Hayden therefore discloses a controller 114 that can “conserve” or “direct” DC energy produced by PV system 122 to “charging electronic devices (such as battery 124) when said DC energy is not needed (read-taking into account instantaneous demand for heating water) to heat the water in the solar thermal reservoir 206.
Hayden further discloses:
[0037] The DC electric on-demand water heater 100 can be configured to switch between an alternating current power source (AC) and a direct current power source (DC). Note Hayden herein explicitly discusses the water heater is configured to switch between AC and DC current supplies.
To help facilitate timely switching between AC and DC power sources, the DC electric on-demand water heater 100 can include an energy detection sensing element to determine the type and quality of the electrical power being supplied. For example, the energy sensing element can detect when the DC power has begun to degrade and proactively switch the DC electric on-demand water heater 100 including resistive heating element 112 to an AC power source.
Hayden therefore discloses the claimed invention except for the specific capacity of the DC power supply being at least 1kWh and the use of a cooling system to provide active cooling to the controller.
Regarding the capacity of the power supply, it is generally known that an electric water heater uses at least 1kWh of energy under normal operations as can be seen by the table below.
PNG
media_image1.png
793
1332
media_image1.png
Greyscale
Gallet teaches a water heating system including a heat sink or convection fins for actively cooling a system controller. Specifically, Gallet teaches that due to the internal resistance, the active controller will also generate heat and thus its temperature increases, and further that high temperature can damage controller. Conventional heaters sometimes mount cooling fins on the controller for improved heat dissipation. Gallet explicitly discloses a need for improved cooling of control means in water heating devices where heat is generated internally in the components of the control means.
One of skill in the art of electric water heating would therefore find it obvious to provide a power source that has a capacity of least 1kWh so that a typical amount of hot water could be provided by the power source and further to provide an active (purposeful) cooling system, i.e. a heat sink or convective fins for cooling the water heater controller to prevent or mitigate damage from high temperatures.
Additionally, Hayden does not explicitly teach switching currents of 30 amps or more.
However, the skilled artisan would understand that typical water heaters powered by electric resistance heating elements routinely a powered by electrical supply providing 30 Amps or more. Baxter discloses a water heating device that suggests providing 30 amp power to a electric resistance water heater element. Since the provision of 30 or more amps to electric resistance heating elements used in water heating devices was known in the art the modification of Hayden’s disclosed switching means to accommodate 30 or more amps would have been obvious to one of skill in the art.
26. (New) The heater of claim 23, wherein the DC power supply 120 comprises a battery pack 124.
27. (New) The heater of claim 23, wherein the DC power supply has a capacity of at least 5kWh.
One of skill in the art would be well able to size the capacity of the power supply to provide the needed hot water which would include a capacity of at least 5kW. See above table.
28. (New) The heater of claim 23, wherein the AC power supply comprises an AC power supply adapter 312 arranged to interface with an external AC power supply, such as a mains AC power supply.
30. (New) The heater of claim 23 wherein, at any given moment, the first heating element is arranged to be powered solely by either the DC power supply or the AC power supply.
33. (New) The heater of claim 23 wherein the controller is arranged to vary the proportion of AC to DC power to the first heating element.
36. (New) The heater of any claim 23 wherein the controller is arranged to control distribution of power taking into account any one or more of:
capacity of the or each heating element;
capacity of the or each power supply;
instantaneous demand for heating water or tap water;
forecasted demand for heating water or tap water; and
instantaneous or forecasted available supply type.
37. (New) The heater of claim 23 wherein the battery charging mechanism further takes into account any one or more of:
current DC power supply battery charge level (note that charging systems are known to take charge level into account);
capacity of the or each power supply;
forecasted demand for heating water or tap water (note Heyden discloses the use of a usage pattern herein interpreted to read on a forcasted demand for heating water);
instantaneous or forecasted available supply type;
household demand.
It is noted that the provision of a battery charging mechanism as claimed is taught by Heyden.
44. (New) A method of heating a fluid in a partially or wholly electric fluid heater arranged to heat fluid in a first circuit, the fluid comprising heating fluid or tap water, wherein the heater comprises a fluid heater housing arranged to house:
a first electric heating element arranged to heat fluid in the first circuit, wherein the first heating element is arranged to be powered by both an AC power supply and a DC power supply having a capacity of at least 1 kWh;
a controller arranged to control distribution of power to the first heating element from the DC power supply and the AC power supply; wherein the controller comprises or is operatively connected to a power switching module arranged to vary power delivered to the first electric heating element by switching currents of 30 amps or more and
a cooling system arranged to provide cooling to the controller; the method comprising:
controlling the distribution of power to the first heating element from the DC power supply and the AC power supply, and optionally solely by either the DC power supply or the AC power supply at any given moment, wherein the heater further comprises a battery charging mechanism, in communication with the controller, wherein the battery charging mechanism is arranged to charge the DC power supply taking into account instantaneous demand for heating water or tap water. See reasoning above with respect to claims 23, mutatis mutandis.
45. (New) The heater of claim 23, wherein the fluid heater housing has dimensions 390 to 440 mm (1.28ft- 1.44ft) width by 270 to 365mm (.88ft- 1.2ft) depth by 600 to 825 mm (1.9ft- 2.7ft) height.
Regarding the size of the housing, Hayden discloses a water heater similar to Applicant’s claimed invention. Applicant in response to the previous Office action has provided arguments that one of skill would, after a simple online search, understand a typical boiler to have dimensions within the claimed ranges. As such the change in size of the fluid heater housing would have been an obvious design change dependent on the parameters of the particular user application.
Claim(s) 23-45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kreutzman (US 8977117) in view of Hayden et al. (US 2021/0270471A1) and further in view of Gallet et al. (US 2014/0105586A1) and Baxter (US 2004/0161227A1).
Kreutzman discloses in reference to claim:
23. (New) A partially or wholly electric fluid heater arranged to heat fluid in a first circuit, the fluid comprising heating fluid or tap water, wherein the heater comprises a fluid heater housing (the building in which the water heater is installed serves to substantially enclose or surround the fluid heater) arranged to house:
a first electric heating element 32 arranged to heat fluid in the first circuit, wherein the first heating element is arranged to be powered by both an AC power supply and a DC power supply having a
a controller 82 arranged to control distribution of power to the first heating element from the DC power supply and the AC power supply; and
a cooling system (passive heat dissipation to the surrounding environment within the building housing the water heater) arranged to provide cooling to the controller.
It is noted that the claim element of “a fluid heater housing” is interpreted in the broadest sense as follows: any structure that substantially encloses or surrounds. The Kreutzman device presents a fluid heater comprising a controller being provided outside the fluid heater housing which is housed in a room, i.e. a large housing consistent with the size of a room. It is again noted that the recitation of a cooling system is not accompanied by specific structure to distinguish from the passive cooling through heat transfer.
PNG
media_image2.png
1124
933
media_image2.png
Greyscale
PNG
media_image3.png
1089
854
media_image3.png
Greyscale
Kreutzman therefore discloses the claimed invention except for the specific capacity of the DC power supply being at least 1kWh and the controller being housed within the fluid heater housing, and further the use of a cooling system to provide active cooling to the controller, and wherein the heater further comprises a battery charging mechanism, in communication with the controller, wherein the battery charging mechanism is arranged to charge the DC power supply taking into account instantaneous demand for heating water or tap water
Again, it is generally known that an electric water heater uses at least 1kWh of energy under normal operations as can be seen by the table below.
PNG
media_image1.png
793
1332
media_image1.png
Greyscale
Hayden discloses a fluid heater including a heating element powered alternatively by both AC and DC power wherein the controller 114 for controlling power to both the AC or DC powered heating element is provided within the fluid heater housing depicted at 100, and wherein the heater further comprises a battery charging mechanism, in communication with the controller, wherein the battery charging mechanism is arranged to charge the DC power supply taking into account instantaneous demand for heating water or tap water (see discussion above)
.
One of skill in the art of electric water heating would therefore find it obvious to provide both a power source that has a capacity of least 1kWh so that a typical amount of hot water could be provided by the power source and a controller housed within the fluid heater housing as a way to provide a fluid heating device that does not require the separate installation of a controller—allowing the easy operation and installation of the device. Additionally, it would have been obvious to one of skill to modify the Kreutzman device to include the teachings of Hayden with respect to redirecting the DC energy to a charging mechanism taking into account the demand for heating water since as taught by Hayden, it is difficult to convert thermal energy back to electrical energy.
Regarding the limitation that the cooling system provides “active” cooling to the controller, Gallet teaches a water heating system including a heat sink or convection fins for actively cooling a system controller. Specifically, Gallet teaches that due to the internal resistance, the active controller will also generate heat and thus its temperature increases, and further that high temperature can damage controller. Conventional heaters sometimes mount cooling fins on the controller for improved heat dissipation. Gallet explicitly discloses a need for improved cooling of control means in water heating devices where heat is generated internally in the components of the control means.
One of skill in the art of electric water heating would therefore find it further obvious to provide an active (purposeful) cooling system, i.e. a heat sink or convective fins for cooling the water heater controller to prevent or mitigate damage from high temperatures.
Additionally, Kreutzman and Hayden does not explicitly teach switching currents of 30 amps or more.
However, the skilled artisan would understand that typical water heaters powered by electric resistance heating elements routinely a powered by electrical supply providing 30 Amps or more. Baxter discloses a water heating device that suggests providing 30 amp power to a electric resistance water heater element. Since the provision of 30 or more amps to electric resistance heating elements used in water heating devices was known in the art the modification of Hayden’s disclosed switching means to accommodate 30 or more amps would have been obvious to one of skill in the art.
24. (New) The heater of claim 23, wherein the fluid heater housing (see above) is arranged to house the DC power supply. Note that the power supply in the form of wires providing the DC voltage are housed in the structure that substantially encloses or surrounds the fluid heater.
25. (New) The heater of claim 23, wherein the cooling system is arranged to provide cooling to both the controller and the DC power supply. Note that the passive cooling through heat transfer is provided to both the controller and the power supply.
26. (New) The heater of claim 23, wherein the DC power supply 120 comprises a battery pack 124.
Hayden discloses a DC power supply 120 and the use of a battery pack 124 to provide DC power.
27. (New) The heater of claim 23, wherein the DC power supply has a capacity of at least 5kWh.
One of skill in the art would be well able to size the capacity of the power supply to provide the needed hot water which would include a capacity of at least 5kW. See above table.
28. (New) The heater of claim 23, wherein the AC power supply comprises an AC power supply adapter 312 arranged to interface with an external AC power supply, such as a mains AC power supply.
29. (New) The heater of claim 23 further arranged to heat fluid in a second circuit (fig. 4b., 7), wherein the fluid in the first circuit comprises heating fluid (water) and the fluid in the second circuit comprises tap water (water) or vice versa; and wherein the first heating element 32 is arranged to heat fluid in the first circuit, or in both the first circuit and the second circuit.
PNG
media_image4.png
1190
867
media_image4.png
Greyscale
PNG
media_image5.png
1178
855
media_image5.png
Greyscale
30. (New) The heater of claim 23 wherein, at any given moment, the first heating element is arranged to be powered solely by either the DC power supply or the AC power supply.
Kreutzman discloses in any arrangement utilizing an inverter, AC current may be fed to the heating element 32 to generate heat. Again, such a system may utilize a junction box 312 that disconnects the AC power source 310 prior to application of the AC current from the renewable energy source 60.
31. (New) The heater of claim 23 comprising:
a DC-AC converter between the DC power supply and the first heating element such that the first heating element is arranged to receive only AC power from either the AC power supply, the DC power supply or both; or
an AC-DC converter between the AC power supply and the first heating element such that the first heating element is arranged to receive only DC power from either the AC power supply, the DC power supply or both.
Kreutzman discloses:
(81) In a first embodiment, a controller 80, which in some arrangements may include an inverter, receives power from a renewable energy source 60 and is electrically interconnected to a junction box 312. The controller 80 provides electrical power from the renewable energy source to the junction box 312. In addition, the controller 80 controls a switch within the junction box 312 to selectively connect and disconnect the power sources. For instance, the switch may disconnect the AC source 310 when sufficient electrical power is received from the renewable energy source 60. In this regard, upon determining that the power from the renewable energy source is above a predetermined minimum, the AC power source 310 is disconnected and electrical energy from the renewable energy source 60 is provided directly to the heater element 32. The electrical energy provided from the renewable energy source 60 may be in the form of a DC current or, if inverter is utilized, in the form of an AC current.
It would have been obvious to one of skill in the art to provide the disclosed controller capabilities of Kreutzman within the fluid heater housing as taught by Hayden since it was known in the art to provide the controller within a housing.
32. (New) The heater of claim 23 wherein the controller is arranged to control combining of the outputs from the AC power supply and the DC power supply.
Kreutzman discloses alternatively, the system may utilize power from both sources 60, 310. In this regard, power from the renewable energy source 60 may supplement power from the AC source 310, which works to reduce the overall power usage from the AC source 310. Furthermore, in this embodiment excess power from the renewable energy source 60 may be fed back into the grid. That is, if the renewable energy source 60 provides more power than is necessary to operate the heating element or if the heating element is deactivated due to the water temperature in the tank achieving a desired temperature, the energy from renewable energy source 60 may be fed directly back into the grid in a net metering arrangement.
It would have been obvious to one of skill in the art to provide the disclosed controller capabilities of Kreutzman within the fluid heater housing as taught by Hayden since it was known in the art to provide the controller within a housing.
33. (New) The heater of claim 23 wherein the controller is arranged to vary the proportion of AC to DC power to the first heating element.
Kreutzman discloses alternatively, the system may utilize power from both sources 60, 310. In this regard, power from the renewable energy source 60 may supplement power from the AC source 310, which works to reduce the overall power usage from the AC source 310. Furthermore, in this embodiment excess power from the renewable energy source 60 may be fed back into the grid. That is, if the renewable energy source 60 provides more power than is necessary to operate the heating element or if the heating element is deactivated due to the water temperature in the tank achieving a desired temperature, the energy from renewable energy source 60 may be fed directly back into the grid in a net metering arrangement.
By supplementing power from the AC source with power from the DC source, Kreutzman is arranged to vary the proportion of AC to DC power to the first heating element.
It would have been obvious to one of skill in the art to provide the disclosed controller capabilities of Kreutzman within the fluid heater housing as taught by Hayden since it was known in the art to provide the controller within a housing.
34. (New) The heater of claim 29 wherein the controller is arranged to power the first heating element using only the AC power supply when heating liquid in the first circuit (tank water at element 32) and using only the DC power supply when heating water in the second circuit (fig. 4b element 110).
It would have been obvious to one of skill in the art to provide the disclosed controller capabilities of Kreutzman within the fluid heater housing as taught by Hayden since it was known in the art to provide the controller within a housing.
35. (New) The heater of claim 23 further comprising a second heating element arranged to heat fluid in the first circuit, the second circuit, or both. See heating elements 32, 110 or 110a or 18.
36. (New) The heater of any claim 23 wherein the controller is arranged to control distribution of power taking into account any one or more of:
capacity of the or each heating element;
capacity of the or each power supply;
instantaneous demand for heating water or tap water;
forecasted demand for heating water or tap water; and
instantaneous or forecasted available supply type.
Kreutzman discloses:
(67) FIG. 11 illustrates a controller 80 that may be utilized in conjunction with the renewable heating energy devices disclosed above. As shown in FIG. 11, the controller includes an electronic switching circuit 82 that receives power from the renewable energy source (e.g., PV array 60) and an outlet 54 that is interconnected to the supplemental heating assembly 100. The electronic switching circuit may include various switches (e.g., solid state switches, etc.) that allow for selectively completing or opening the circuit between the renewable energy source 60 and the heating assembly 100. The controller 80 further includes a processing unit 86 that includes a processor 88, memory 90 and one or more input/output interfaces. The processor 86 may perform various control operations that are stored within volatile and non-volatile memory. For instance, the processor 88 may implement the maximum power point adjustments to enhance the power output of the renewable energy source 60.
(68) In any arrangement, the processor 88 can execute software or other executable code/logic stored in the memory 90. The software/logic stored within the volatile memory may also allow the processor to monitor power produced by the renewable energy source 60 and communicate this power generation to the heater element. The processor may also be connected to a communications interface that may be represented by a variety of different devices. In this regard, the controller may be interconnected to a data network via, for example, Ethernet, RS485, SD card, a USB connection and/or a telephonic connection (e.g., cellular or landline.) In this regard, the controller may be interconnected to external systems that may interact with and/or provide further control inputs to the controller.
(69) The controller also includes a display 94 and a user input device 96. The display 94 allows for displaying system operation parameters. For instance, in one embodiment the display 94 allows for displaying a temperature of the water within the tank. Furthermore, through the user input 96, a user may selectively adjust a maximum threshold temperature for the supplementary heating element and/or water in the tank. In this regard, a user may regulate the maximum temperature within the tank and thereby the maximum output temperature of the water within the tank. In a further arrangement, the controller may output information and receive information from a remote terminal. For instance, the controller may connect by, for example, Wi-Fi to a user's home computer which may provide user interface.
(70) In a further embodiment, the controller 80 allows a user to select a maximum output water temperature that is separate from the temperature of the water within the tank. In this arrangement, to regulate the output temperature of the water from the water tank, the water tank further incorporates a mixing valve 98. See FIG. 12. This mixing valve 98 is interconnected between the water inlet 16 and the water outlet 14 of the tank 12. The valve 98 allows for mixing unheated water from the inlet pipe 16 with water exiting the outlet 14 of the hot water heater 10. In this arrangement, the outlet 14 may include a temperature sensor 78 downstream from the mixing valve 98 such that the valve may be opened and closed to generate a desired downstream temperature. Alternatively, such a mixing valve may be disposed in-line with the hot water outlet and moderate temperature by selectively opening and closing the port to the hot water. As will be appreciated, such a system allows for heating the water in the tank to a higher temperature while maintaining a lower maximum output temperature. That is, the water within the tank may be heated to a higher temperature (e.g., 150.degree.) while the maximum outlet water temperature is maintained at a lower level (e.g., 110-120.degree.). Accordingly, the controller 98 may utilize this information to control the mixing value to achieve this desired output temperature. The user may set the desired output temperature via the display.
(71) The controller 80 may also be interconnected to the standard heating element 34 of the hot water heater (or 18 in the case of a gas hot water heater), which is interconnected to a utility or fossil fuel power source. In this arrangement, the controller 80 implements logic that allows for controlling both the supplementary heating element 110 and the standard heating element 34 of the hot water heater 10.
(72) In one arrangement, the controller includes logic that allows the controller 80 to determine usage times for the hot water heater. To identify usage patterns the controller is interconnected to a sensor (e.g., flow sensor) that identifies when water flows out of the hot water heater 10. This sensor may be incorporated into the temperature sensor that identifies downstream temperatures exiting the hot water heater. Alternatively, this may be a separate sensor. Over time, the logic identifies usage times and utilizes this information to selectively operate the heating elements. For instance, the controller 80 may identify the primary usage periods between 6 am and 9 am in the morning and between 5 pm and 9 pm in the evening. Based on the usage patterns, the controller 80 may deactivate the standard heating element 34 between the hours of 9 am and 5 pm such that the only energy input to the hot water heater during this period is provided by the renewable energy source. As will be appreciated, if hot water is utilized between 8:30 am and 9 am, the water in the tank will be below the threshold level and typically the standard heating element 34 or in the case of a gas heater the burner would operate to bring the temperature of the water back to the threshold level. However, if there is no anticipated usage of water for a predetermined or user settable period (e.g., an hour) and renewable energy is being received from the renewable energy source, the controller may deactivate the standard element/burner to allow heating to be provided by the renewable energy source. Variations exist in this methodology. For instance, if a tap is open water begins to flow out of the hot water heater, the controller may re-initiate operation of the standard element. In a further arrangement, if the controller is programmable such that a user (e.g., homeowner) may set the times during which the standard element or burner is to be inoperative.
(73) As noted above, the controller 80 may be interconnected to a network via its output port. In this regard, the controller itself may be interconnected to, for example, a local utility. The local utility in this arrangement has the ability to selectively deactivate the standard heating element 34 that is interconnected to the utility. For instance during periods of high energy demand (e.g., daytime in the summer when air conditioning levels are high) the utility may deactivate all electric elements of some or all hot water heaters interconnected to their system to reduce the overall load on the grid. The same may be true for gas fired burners in another arrangement.
It would have been obvious to one of skill in the art to provide the disclosed controller capabilities of Kreutzman within the fluid heater housing as taught by Hayden since it was known in the art to provide the controller within a housing.
37. (New) The heater of claim 23 wherein the battery charging mechanism further takes into account any one or more of:
current DC power supply battery charge level (note that charging systems are known to take charge level into account);
capacity of the or each power supply;
forecasted demand for heating water or tap water (note Heyden discloses the use of a usage pattern herein interpreted to read on a forcasted demand for heating water);
instantaneous or forecasted available supply type;
household demand.
It is noted that the provision of a battery charging mechanism as claimed is taught by Heyden.
40. (New) The heater of any claim 35 wherein the fluid heater housing is arranged to house a first boiler vessel 10 containing the first heating element. See also Fig. 9a
43. (New) The heater of claim 23 wherein the controller 94 comprises a hardware thermostatic controller and a further GUI thermostatic controller.
Kreutzman discloses:
(26) The heating elements may each be interconnected to a thermostat such that each heating element is independently controlled based on its respective thermostat. In this regard, the controller may receive information from the thermostats for use in controlling the operation of the heating elements. Alternatively, the controller may receive temperature information from a single thermostat and utilize this information control both elements. In one arrangement, the electrical heating element is set to a higher temperature than the gas-fired heating element such that the electrical heating element operates prior to the operation of the gas-fired heating element. Such an arrangement may be desirable when the electrical power source is a renewable source.
(69) The controller also includes a display 94 and a user input device 96 [Read as a GUI thermostatic controller]. The display 94 allows for displaying system operation parameters. For instance, in one embodiment the display 94 allows for displaying a temperature of the water within the tank. Furthermore, through the user input 96, a user may selectively adjust a maximum threshold temperature for the supplementary heating element and/or water in the tank. In this regard, a user may regulate the maximum temperature within the tank and thereby the maximum output temperature of the water within the tank. In a further arrangement, the controller may output information and receive information from a remote terminal. For instance, the controller may connect by, for example, Wi-Fi to a user's home computer which may provide user interface.
It would have been obvious to one of skill in the art to provide the disclosed controller capabilities of Kreutzman within the fluid heater housing as taught by Hayden since it was known in the art to provide the controller within a housing.
38. (New) The heater of claim 23 further comprises a combustion heater arranged to heat fluid in the first circuit, the second circuit or both. See Figure 2 or 6
39. (New) The heater of claim 38 wherein the first heating element is arranged to heat fluid in the first circuit, and the combustion heater is arranged to heat fluid in the second circuit.
See Fig. 9a showing the combustion heater heating the fluid in the tank 214 (second circuit) and the heater 110 heating the fluid in the tank 212 (first circuit).
41. (New) The heater of claim 40 wherein the first boiler vessel 10 further contains the second heating element. See Figure 12
42. (New) The heater of claim 40 wherein the housing is further arranged to house a second boiler vessel containing the second heating element. See Figure. 9A
44. (New) A method of heating a fluid in a partially or wholly electric fluid heater arranged to heat fluid in a first circuit, the fluid comprising heating fluid or tap water, wherein the heater comprises a fluid heater housing arranged to house:
a first electric heating element arranged to heat fluid in the first circuit, wherein the first heating element is arranged to be powered by both an AC power supply and a DC power supply having a capacity of at least 1 kWh;
a controller arranged to control distribution of power to the first heating element from the DC power supply and the AC power supply; and
a cooling system arranged to provide cooling to the controller; the method comprising:
controlling the distribution of power to the first heating element from the DC power supply and the AC power supply, and optionally solely by either the DC power supply or the AC power supply at any given moment, wherein the heater further comprises a battery charging mechanism, in communication with the controller. and wherein the battery charging mechanism is arranged to charge the DC power supply taking into account instantaneous demand for heating water or tap water.
See reasoning above with respect to claims 23 and 31, mutatis mutandis.
45. (New) The heater of claim 23, wherein the fluid heater housing has dimensions 390 to 440 mm (1.28ft- 1.44ft) width by 270 to 365mm (.88ft- 1.2ft) depth by 600 to 825 mm (1.9ft- 2.7ft) height.
Regarding the size of the housing, Kreutzman and Hayden disclose water heaters similar to Applicant’s claimed invention. Applicant is response to the previous Office action has provided arguments that one of skill would, after a simple online search, understand a typical boiler to have dimensions within the claimed ranges. As such the change in size of the fluid heater housing would have been an obvious design change dependent on the parameters of the particular user application.
Response to Arguments
Applicant’s arguments filed 01/07/2026 with respect to claim(s) 23-45 have been considered but are not persuasive. Applicant argues that neither Hayden or Kreutzman disclose switching power back and forth between AC and DC sources to a single heating element moment by moment. It is first noted that Hayden explicitly discloses switching between AC and DC sources for a single heating element. It next noted that the frequency of switching argued by Applicant is not found in the claim limitations.
Applicant's amendment necessitated the new ground(s) 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).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
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, Ibrahime Abraham can be reached on 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
tsc