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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/24/2026 has been entered.
Status of Claims
This Office Action is in response to the remarks and amendments filed on 4/19/2018. Claims 1, 3-6, 8-10 and 12-17 are pending for consideration in this Office Action.
Response to Amendment
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “supplemental defrost source” recited in claims 11, 19 and 20 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 1-3, 5, 12, 20 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Na et al. (US2007/0079436) in view of Nolte (US2018/0195788).
Regarding Claim 1, Na teaches a system [fig 2] comprising:
a heat pump comprising a refrigerant circuit fluidly connecting a compressor [52], a condenser coil [54], a thermal expansion valve [56], and an evaporator coil [58] via refrigerant conduit such that refrigerant can pass therethrough [0025];
one or more supplemental heat sources [90] configured to output heat [0036];
a water pump [38] configured to draw water from a body of water i.e. pool, pass the water across the condenser coil and the one or more supplemental heat sources, and flow heated water from the condenser coil and/or the one or more supplemental heat sources to the body of water [0025];
one or more sensors [104; 0038];
a controller [102] configured to selectively transition the heat pump between a water heating mode and a defrost mode [0013; 0038; 0037; Table I]; and
where the controller receives sensor data from the one or more sensors [0038].
Thus, Na teaches or suggests a system that switches modes of operation between water heating and defrosting of the heat exchange coils.
However, Na does not explicitly wherein the sensors are configured to measure one or more corresponding characteristics at or near the evaporator coil;
determine that a current sensor value fails to satisfy a corresponding target value;
in response to determining that the current sensor value fails to satisfy the corresponding target value, transition the heat pump to the defrost mode, the defrost mode comprising outputting instructions for the compressor to cease operation, thereby ceasing a flow of refrigerant through the condenser coil and engaging the one or more supplemental heat sources to output heat to the water;
receive subsequent sensor data from the one or more sensors;
determine that the subsequent sensor data satisfies the corresponding target value; and
in response to determining that the subsequent sensor data satisfies the corresponding target value, transition the heat pump from the defrost mode to the water heating mode, wherein transitioning to the water heating mode comprises outputting instructions to deactivate the one or more supplemental heat sources.
However, Nolte teaches a heat pump water heater having a controller [9] and one or more sensors [Ta, T2] configured to measure one or more corresponding characteristics at or near an evaporator [3; 0014; 0015; 0016] where the controller is further configured to: receive sensor data from the one or more sensors [0019];
determine that a current sensor value fails to satisfy a corresponding target value [0020]; in response to determining that the current sensor value fails to satisfy the corresponding target value, transition the heat pump to the defrost mode [0020],
the defrost mode comprising outputting instructions for the compressor to cease operation, thereby ceasing a flow of refrigerant through a condenser coil [8] and engaging the one or more supplemental heat sources [5] to output heat to the water [0020];
receive subsequent sensor data from the one or more sensors [0021; 0021; 0022; 0023];
determine that the subsequent sensor data satisfies the corresponding target value [0021; 0021; 0022; 0023]; and in response to determining that the subsequent sensor data satisfies the corresponding target value, transition the heat pump from the defrost mode to the water heating mode, wherein transitioning to the water heating mode comprises outputting instructions to deactivate the one or more supplemental heat sources [0021; 0021; 0022; 0023] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. providing a heat pump device which enables an effective deicing or defrosting [0009].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Na to have wherein the controller is further configured to: receive sensor data from the one or more sensors; determine that a current sensor value fails to satisfy a corresponding target value; in response to determining that the current sensor value fails to satisfy the corresponding target value, transition the heat pump to the defrost mode, the defrost mode comprising outputting instructions for the compressor to cease operation, thereby ceasing a flow of refrigerant through the condenser coil and engaging the one or more supplemental heat sources to output heat to the water; receive subsequent sensor data from the one or more sensors; determine that the subsequent sensor data satisfies the corresponding target value; and in response to determining that the subsequent sensor data satisfies the corresponding target value, transition the heat pump from the defrost mode to the water heating mode, wherein transitioning to the water heating mode comprises outputting instructions to deactivate the one or more supplemental heat sources in view of the teachings of Nolte where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. providing a heat pump device which enables an effective deicing or defrosting.
Regarding Claim 2, Na, as modified, teaches the invention of claim 1 above and Na teaches wherein the water heating mode comprises (i) refrigerant flowing sequentially through the compressor, the condenser coil, the thermal expansion valve, and the evaporator coil [0036; 0038; 0039]; and Nolte teaches where (ii) the one or more supplemental heat sources [5] being deactivated such that heat is provided to the water solely by the heat pump [0019-0025].
Regarding Claim 3, Na, as modified, teaches the invention of claim 1 above and Na teaches a water temperature sensor [thermostat 104] configured to measure a temperature of water associated with the pool, wherein the controller [102] is further configured to: receive water temperature data from the water temperature sensor; determine that a current water temperature is less than a target water temperature; and output instructions for at least one of the heat pump or the one or more supplemental heat sources to provide heat to the water [0025; 0036; 0038; claim 24; claim 27].
Regarding Claim 5, Na, as modified, teaches the invention of claim 4 above and Nolte teaches wherein: the one or more sensors comprises a coil temperature sensor [T2] configured to measure a temperature of the refrigerant in or near the evaporator coil, the current sensor value is a current coil temperature, the corresponding target value is a coil temperature threshold, and determining that the current sensor value fails to satisfy the corresponding target value comprises determining that the current coil temperature is less than the coil temperature threshold [0019-0020].
Regarding Claim 12, Na, as modified, teaches the invention of claim 1 above and Na teaches wherein the one or more supplemental heat sources [90] comprises an electrical resistance heating element [0036].
Regarding Claim 20, Na, as modified, teaches the invention of claim 1 above and Nolte teaches a supplemental defrost heat source [5], wherein transitioning the heat pump to the defrost mode comprises outputting instructions for the supplemental defrost heat source to output heat [0019-0025]
Regarding Claim 21, Na, as modified, teaches the invention of claim 1 above and Nolte teaches a fan configured to pass air across the evaporator coil, wherein transitioning the heat pump to the defrost mode comprises outputting instructions for the fan to pass air across the evaporator coil [0021; 0019-0025].
Claim(s) 6 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Na et al. (US2007/0079436) and Nolte (US2018/0195788) as applied to claim 3 above, and further in view of Brown et al. (US6212894).
Regarding Claim 6, Na, as modified, teaches the invention of claim 4 above and Nolte teaches where the one or more sensors comprises an ambient temperature sensor [T1] configured to measure a temperature of ambient air at or near the evaporator coil [0015]. Na does not teach the current sensor value is a current ambient temperature, the corresponding target value is an ambient temperature threshold, and determining that the current sensor value fails to satisfy the corresponding target value comprises determining that the current ambient temperature is less than the ambient temperature threshold.
However, Brown teaches a heat pump system that heats a pool [col 1, lines 13-24] having one or more sensors [68] and where the current sensor value is a current ambient temperature, the corresponding target value is an ambient temperature threshold, and determining that the current sensor value fails to satisfy the corresponding target value comprises determining that the current ambient temperature is less than the ambient temperature threshold [col 9, line 50-col 10, line 10; see also Abstract where the anti-freeze protection control is also a defrost control and where operation of the defrost/anti-freeze protection control is indicative of the ambient temperature being less than a threshold] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. providing structure that realizes a system that reduces ice on the evaporator.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Na to have where the current sensor value is a current ambient temperature, the corresponding target value is an ambient temperature threshold, and determining that the current sensor value fails to satisfy the corresponding target value comprises determining that the current ambient temperature is less than the ambient temperature threshold in view of the teachings of Brown where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. . providing structure that realizes a system that reduces ice on the evaporator.
Regarding Claim 22, Na, as modified, teaches the invention of claim 1 above but does not explicitly teach wherein the body of water comprises a pool.
However, Brown teaches a heat pump system that heats a pool [col 1, lines 13-24] having wherein the body of water comprises a pool [col 2, lines 38-57; see also Abstract where the anti-freeze protection control is also a defrost control] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. providing where a heat pump hot water system has flexibility.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Na to have wherein the body of water comprise a pool in view of the teachings of Brown where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. providing where a heat pump hot water system has flexibility.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Na et al. (US2007/0079436) and Nolte (US2018/0195788) as applied to claim 1 above, and further in view of Dixon (US2015/0276236).
Regarding Claim 7, Na, as modified, teaches the invention of claim 4 above but does not teach wherein: the one or more sensors comprises an ambient humidity sensor configured to measure a humidity of ambient air at or near the evaporator coil, the current sensor value is a current ambient humidity, the corresponding target value is an ambient humidity threshold, and determining that the current sensor value fails to satisfy the corresponding target value comprises determining that the current ambient humidity is less than the ambient humidity threshold [0049-0055].
However, Dixon teaches a heat pump system for a pool [0002] having wherein: the one or more sensors comprises an ambient temperature sensor [80] configured to measure a humidity of ambient air at or near the evaporator coil [at 1a], the current sensor value is a current ambient humidity [0011; 0022; where panel 1a acts as an evaporator], the corresponding target value is an ambient humidity threshold, and determining that the current sensor value fails to satisfy the corresponding target value comprises determining that the current ambient humidity is less than the ambient humidity threshold [0023; 0025; where the sensor would have a failed determination when the humidity is below the defrost threshold and the system operates in a normal cycle] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provide a defrosting operation and improve the efficiency of the system.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Na to have wherein: the one or more sensors comprises an ambient humidity sensor configured to measure a humidity of ambient air at or near the evaporator coil, the current sensor value is a current ambient humidity, the corresponding target value is an ambient humidity threshold, and determining that the current sensor value fails to satisfy the corresponding target value comprises determining that the current ambient humidity is less than the ambient humidity threshold in view of the teachings of Dixon where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide a defrosting operation and improve the efficiency of the system.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Na et al. (US2007/0079436) and Nolte (US2018/0195788) as applied to claim 1 above, and further in view of Lee et al. (US2021/0010740).
Regarding Claim 11, Na, as modified, teaches the invention of claim 4 above but does not teach a supplemental defrost heat source; and a fan configured to pass air across the evaporator coil, wherein transitioning the heat pump to the defrost mode comprises outputting instructions for the supplemental defrost heat source to output heat and for the fan to pass air across the evaporator coil.
However, Lee teaches a refrigerator and a defrost method [0060-0063] having a supplemental defrost heat source [70]; and a fan [51, 120] configured to pass air across the evaporator coil, wherein transitioning the refrigerator to the defrost mode comprises outputting instructions for the supplemental defrost heat source to output heat and for the fan to pass air across the evaporator coil [0086-0089] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provide a defrosting operation and improve the efficiency of the system.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Na to have a supplemental defrost heat source; and a fan configured to pass air across the evaporator coil, wherein transitioning the heat pump to the defrost mode comprises outputting instructions for the supplemental defrost heat source to output heat and for the fan to pass air across the evaporator coil in view of the teachings of Lee where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide a defrosting operation and improve the efficiency of the system.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Na et al. (US2007/0079436) and Nolte (US2018/0195788) as applied to claim 1 above, and further in view of Lackstrom (US5509274).
Regarding Claim 13, Na teaches the invention of claim 1 above but does not teach wherein the one or more supplemental heat sources comprises a combustion- type heating device.
However, Lackstrom teaches a pool heating system having a heat pump and a gas fired heater [col 5, lines 35-55; fig 1] wherein the one or more supplemental heat sources comprises a combustion- type heating device [16; col 5, lines 35-55; fig 1] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provide a heating structure that heats water of the pool when the heat pump circuit would be inefficient [col 6, lines 36-60].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Na to have a supplemental defrost heat source; and a fan configured to pass air across the evaporator coil, wherein transitioning the heat pump to the defrost mode comprises outputting instructions for the supplemental defrost heat source to output heat and for the fan to pass air across the evaporator coil in view of the teachings of Lackstrom where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide a heating structure that heats water of the pool when the heat pump circuit would be inefficient.
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brown et al. (US6212894) in view of Nolte (US2018/0195788).
Regarding Claim 14, Brown teaches a non-transitory, computer readable medium having instructions stored thereon that, when executed by one or more processors [col 2, line 58-col 3, line 57], cause a controller [20] to:
receive water temperature data from a water temperature sensor [34] of a heating system configured to heat water of a body of water [col 7, lines 8-41; col 10, lines 10-16];
determine that a current water temperature is less than a target water temperature [col 8, lines 18-53];
output instructions for at least one of a heat pump of the HPPH system or a supplemental heat source of the heating system to provide heat to the water [col 8, lines 18-53];
receive sensor data from one or more sensors [68] configured to measure one or more corresponding characteristics at or near an evaporator coil [66] of the heating system [col 9, lines 50-65];
determine that a current sensor value fails to satisfy a corresponding target value [col 9, line 38-col 10, line 16].
Brown does not explicitly teach transitioning the heating system to a defrost mode by outputting instructions for a compressor of the heating system to cease operation, thereby ceasing a flow of refrigerant through a condenser coil of the heating system; and
outputting instructions for the supplemental heat source to generate heat for heating the body of water;
receive subsequent sensor data from the one or more sensors; determine that the subsequent sensor data satisfies the corresponding target value; and in response to determining that the subsequent sensor data satisfies the corresponding target value, transition the heating system from the defrost mode to a water heating mode, wherein transitioning to the water heating mode comprises outputting instructions to deactivate the supplemental heat source.
However, Nolte teaches a heat pump water heater having a controller [9] and one or more sensors [Ta, T2] configured to measure one or more corresponding characteristics at or near an evaporator [3; 0014; 0015; 0016] where the controller is further configured to determine that a current sensor value fails to satisfy a corresponding target value [0020] and transition the heating system to a defrost mode by outputting instructions for a compressor of the heat pump water heater to cease operation, thereby ceasing a flow of refrigerant through a condenser coil [8] of the heat pump water heater [0020-0025];
and outputting instructions for the heat source [5] to generate heat for heating the body of water [0020];
receive subsequent sensor data from the one or more sensors [0021; 0021; 0022; 0023];
determine that the subsequent sensor data satisfies the corresponding target value [0021; 0021; 0022; 0023]; and in response to determining that the subsequent sensor data satisfies the corresponding target value, transition the heat pump water heater from the defrost mode to the water heating mode, wherein transitioning to the water heating mode comprises outputting instructions to deactivate the heat source [0021; 0021; 0022; 0023] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. providing a heat pump device which enables an effective deicing or defrosting [0009].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Na to transition the heating system to a defrost mode by outputting instructions for a compressor of the heating system to cease operation, thereby ceasing a flow of refrigerant through a condenser coil of the heating system; and
outputting instructions for the supplemental heat source to generate heat for heating the body of water; receive subsequent sensor data from the one or more sensors; determine that the subsequent sensor data satisfies the corresponding target value; and in response to determining that the subsequent sensor data satisfies the corresponding target value, transition the heating system from the defrost mode to a water heating mode, wherein transitioning to the water heating mode comprises outputting instructions to deactivate the supplemental heat source in view of the teachings of Nolte where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. providing a heat pump device which enables an effective deicing or defrosting.
Regarding Claim 15, Brown, as modified, teaches the invention of claim 14 above and Nolte teaches wherein: the one or more sensors comprises a coil temperature sensor [T2] configured to measure a temperature of the refrigerant in or near the evaporator coil, the current sensor value is a current coil temperature, the corresponding target value is a coil temperature threshold, and determining that the current sensor value fails to satisfy the corresponding target value comprises determining that the current coil temperature is less than the coil temperature threshold [0019-0020].
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Na et al. (US2007/0079436) and Nolte (US2018/0195788) as applied to claim 1 above, and further in view of Lee et al. (US2021/0010740).
Regarding Claim 19, Na, as modified, teaches the invention of claim 14 above but does not teach wherein transitioning the heat pump to the defrost mode comprises outputting instructions for (i) a supplemental defrost heat source of the heating system to output heat and (ii) a fan of the heating system to pass heated air from the supplemental defrost heat source across the evaporator coil.
However, Lee teaches a refrigerator and a defrost method [0060-0063] having wherein transitioning the refrigerator to the defrost mode comprises outputting instructions for (i) a supplemental defrost heat source [70] of the heating system to output heat and (ii) a fan [51, 20] of the heating system to pass heated air from the supplemental defrost heat source across an evaporator coil [0086-0089] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provide a defrosting operation and improve the efficiency of the system.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Na to have wherein transitioning the heat pump to the defrost mode comprises outputting instructions for (i) a supplemental defrost heat source of the heating system to output heat and (ii) a fan of the heating system to pass heated air from the supplemental defrost heat source across the evaporator coil in view of the teachings of Lee where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide a defrosting operation and improve the efficiency of the system.
Claim(s) 23 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Na et al. (US2007/0079436) in view of Kajitani et al. (JPH07318164A).
Regarding Claim 23, Na teaches a system [fig 2] comprising:
a heat pump comprising a refrigerant circuit fluidly connecting a compressor [52], a condenser coil [54], a thermal expansion valve [56], and an evaporator coil [58] via refrigerant conduit such that refrigerant can pass therethrough [0025];
one or more supplemental heat sources [90] configured to output heat [0036];
a water pump [38] configured to draw water from a body of water i.e. pool, pass the water across the condenser coil and the one or more supplemental heat sources, and flow heated water from the condenser coil and/or the one or more supplemental heat sources to the body of water [0025];
one or more sensors [104; 0038];
a controller [102] configured to selectively transition the heat pump between a water heating mode and a defrost mode [0013; 0038; 0037; Table I]; and
where the controller receives sensor data from the one or more sensors [0038].
Thus, Na teaches or suggests a system that switches modes of operation between water heating and defrosting of the heat exchange coils.
However, Na does not explicitly wherein the sensors are configured to measure one or more corresponding characteristics at or near the evaporator coil;
determine that a current sensor value fails to satisfy a corresponding target value;
in response to determining that the current sensor value fails to satisfy the corresponding target value, transition the heat pump to the defrost mode,
the defrost mode comprising engaging the one or more supplemental heat sources to output heat to the water and outputting instructions for: (i) a reversing valve to reverse a direction of the flow of refrigerant through the heat pump, or (ii) a valve to open and direct the flow of refrigerant directly from the compressor to the evaporator coil, thereby bypassing the condenser coil; receive subsequent sensor data from the one or more sensors; determine that the subsequent sensor data satisfies the corresponding target value; and in response to determining that the subsequent sensor data satisfies the corresponding target value, transition the heat pump from the defrost mode to the water heating mode, wherein transitioning to the water heating mode comprises outputting instructions to deactivate the one or more supplemental heat sources.
However, Kajitani teaches a heat pump water heater having a controller [17] and one or more sensors [13; 0001; 0013; 0023; figs 1-3] having wherein the sensors [13] are configured to measure one or more corresponding characteristics at or near the evaporator coil [0003];
determine that a current sensor value fails to satisfy a corresponding target value [0013; 0016; 0019-0023];
in response to determining that the current sensor value fails to satisfy the corresponding target value, transition the heat pump water heater to the defrost mode [0013; 0016; 0019-0023],
the defrost mode comprising engaging the one or more supplemental heat sources [16] to output heat to the water and outputting instructions for: (i) a reversing valve [2] to reverse a direction of the flow of refrigerant through the heat pump water heater [0013; 0016; 0019-0023]; receive subsequent sensor data from the one or more sensors [0013; 0016; 0019-0023]; determine that the subsequent sensor data satisfies the corresponding target value [0013; 0016; 0019-0023]; and in response to determining that the subsequent sensor data satisfies the corresponding target value, transition the heat pump water heater from the defrost mode to the water heating mode, wherein transitioning to the water heating mode comprises outputting instructions to deactivate the one or more supplemental heat sources [16; 0013; 0016; 0019-0023; where a limitation was recited in the alternative] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. securing a heat-pump operation of high efficiency [0010].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Na to have wherein the sensors are configured to measure one or more corresponding characteristics at or near the evaporator coil; determine that a current sensor value fails to satisfy a corresponding target value; in response to determining that the current sensor value fails to satisfy the corresponding target value, transition the heat pump to the defrost mode,
the defrost mode comprising engaging the one or more supplemental heat sources to output heat to the water and outputting instructions for: (i) a reversing valve to reverse a direction of the flow of refrigerant through the heat pump, or (ii) a valve to open and direct the flow of refrigerant directly from the compressor to the evaporator coil, thereby bypassing the condenser coil; receive subsequent sensor data from the one or more sensors; determine that the subsequent sensor data satisfies the corresponding target value; and in response to determining that the subsequent sensor data satisfies the corresponding target value, transition the heat pump from the defrost mode to the water heating mode, wherein transitioning to the water heating mode comprises outputting instructions to deactivate the one or more supplemental heat sources in view of the teachings of Kajitani where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. securing a heat-pump operation of high efficiency.
Regarding Claim 25, Na teaches a non-transitory, computer readable medium having instructions stored thereon that, when executed by one or more processors, cause a controller [0038; TABLE I; where one skilled in the art would necessarily conclude that a generic controller contains a memory to at least store the process of Table I; see also MPEP 2106.05(d)II] to:
receive water temperature data from a water temperature sensor [104] of a heating system configured to heat water of a body of water [0025; 0036; 0038; claim 27];
determine that a current water temperature is less than a target water temperature [implicit at 0036; 0038; 0039; claim 27];
output instructions for at least one of a heat pump of the heating system or a supplemental heat source of the heating system to provide heat to the water [0036; 0038; 0039; claim 25; claim 27].
Na does not explicitly teach where the controller receives sensor data from one or more sensors configured to measure one or more corresponding characteristics at or near an evaporator coil of the heating system;
determine that a current sensor value fails to satisfy a corresponding target value;
transition the heating system to a defrost mode by: outputting instructions for: (i) a reversing valve of the heating system to reverse a direction of the flow of refrigerant through the heat pump, or (ii) a valve of the heating system to open and direct the flow of refrigerant directly from a compressor of the heating system to the evaporator coil, thereby bypassing the condenser coil; and
outputting instructions for the supplemental heat source to generate heat for heating the body of water;
receive subsequent sensor data from the one or more sensors; determine that the subsequent sensor data satisfies the corresponding target value; and
in response to determining that the subsequent sensor data satisfies the corresponding target value, transition the heating system from the defrost mode to a water heating mode, wherein transitioning to the water heating mode comprises outputting instructions to deactivate the supplemental heat source.
However, Kajitani teaches a heat pump water heater having a controller [17] and one or more sensors [13; 0001; 0013; 0023; figs 1-3] having where the controller receives sensor data from one or more sensors configured to measure one or more corresponding characteristics at or near an evaporator coil of the heat pump water heater [0003];
determine that a current sensor value fails to satisfy a corresponding target value [0013; 0016; 0019-0023];
transition the heat pump to a defrost mode by: outputting instructions for: (i) a reversing valve [2] of the heat pump water heater to reverse a direction of the flow of refrigerant through the heat pump [0013; 0016; 0019-0023] and
outputting instructions for a supplemental heat source [16] to generate heat for heating the body of water [0013; 0016; 0019-0023];
receive subsequent sensor data from the one or more sensors [0013; 0016; 0019-0023]; determine that the subsequent sensor data satisfies the corresponding target value [0013; 0016; 0019-0023]; and
in response to determining that the subsequent sensor data satisfies the corresponding target value, transition the heat pump water heater from the defrost mode to a water heating mode, wherein transitioning to the water heating mode comprises outputting instructions to deactivate the supplemental heat source [16; 0013; 0016; 0019-0023; where a limitation was recited in the alternative] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. securing a heat-pump operation of high efficiency [0010].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Na to have where the controller receives sensor data from one or more sensors configured to measure one or more corresponding characteristics at or near an evaporator coil of the heating system; determine that a current sensor value fails to satisfy a corresponding target value;
transition the heating system to a defrost mode by: outputting instructions for: (i) a reversing valve of the heating system to reverse a direction of the flow of refrigerant through the heat pump, or (ii) a valve of the heating system to open and direct the flow of refrigerant directly from a compressor of the heating system to the evaporator coil, thereby bypassing the condenser coil; and outputting instructions for the supplemental heat source to generate heat for heating the body of water; receive subsequent sensor data from the one or more sensors; determine that the subsequent sensor data satisfies the corresponding target value; and in response to determining that the subsequent sensor data satisfies the corresponding target value, transition the heating system from the defrost mode to a water heating mode, wherein transitioning to the water heating mode comprises outputting instructions to deactivate the supplemental heat source
in view of the teachings of Kajitani where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. securing a heat-pump operation of high efficiency.
Claim(s) 24 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Na et al. (US2007/0079436) in view of Kajitani et al. (JPH07318164A) as applied to claims 23 and 25 above, and further in view of Brown et al. (US6212894).
Regarding Claims 24 and 26, Na, as modified, teaches the invention of claims 23 and 25 above but does not explicitly teach wherein the body of water comprises a pool.
However, Brown teaches a heat pump system that heats a pool [col 1, lines 13-24] having wherein the body of water comprises a pool [col 2, lines 38-57; see also Abstract where the anti-freeze protection control is also a defrost control] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. providing where a heat pump hot water system has flexibility.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Na to have wherein the body of water comprise a pool in view of the teachings of Brown where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. providing where a heat pump hot water system has flexibility.
Response to Arguments
Applicant’s arguments with respect to claim(s) s 1, 14, 23 and 25 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY L FURDGE whose telephone number is (313)446-4895. The examiner can normally be reached M-R 6a-3p; F 6a-10a.
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, Jerry Fletcher can be reached at 571-270-5054. 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.
/LARRY L FURDGE/ Primary Examiner, Art Unit 3763