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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2 and 7-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 5121882 B2 to Toyoshima, cited in Applicant’s 3/25/25 IDS.
Note: Reference is made to the translation of Toyoshima cited in Applicant’s IDS.
Regarding claim 1. Toyoshima teaches a thermal storage system (para. 1, “The present invention related to a boiling up control system and a boiling up control method for controlling a storage type water heater …”) comprising:
a water heater (storage type water heater of para. 1) configured to perform delivery operation in accordance with an operation schedule (para. 7, “… an object of the present invention is to provide a boil up control system, a boil up control method, and a program capable of creating an operation plan of boil up operation …”);
memory circuitry configured to store data indicating past change in consumption of hot water from the water heater (para. 8, the hot water amount detection part and calculation unit);
acquiring circuitry configured to acquire information regarding weather forecast for a target date and a region where the water heater has been installed (para. 8, forecast acquisition unit, “In this boiling up control system, the forecast acquisition unit acquires weather forecast information.”), the target date being a date for which the operation schedule is arranged (para. 8, “The plan creation unit determines a required boiling up hot water amount of hot water to be used for the next day based on the environmental information of the next day included in the weather forecast information acquired by the forecast acquisition unit …”);
supply capacity forecast circuitry configured to determine an hourly delivery capacity of the water heater on the target date on the basis of the information regarding weather forecast (para. 8, learning unit which, “learns a combination of the environmental information in the specific time zone and the total hot water supply load in one day” where the hot water supply load is on the basis of hour delivery capacity, see fig. 3 and para. 32);
PNG
media_image1.png
444
574
media_image1.png
Greyscale
demand forecast circuitry configured to forecast hourly consumption of hot water on the target date on the basis of the data indicating past change in consumption of hot water (from para. 8, the “The learning unit learns a combination of … which is highly responsive to the prediction of the hot water supply load …” Thus, the hot water supply load is predicted); and
planning circuitry configured to determine the operation schedule that avoids shortage of hot water supply on the basis of the hourly delivery capacity and the hourly consumption of hot water (from para. 8, the “plan creation unit determines a required boiling up hot water amount of hot water to be used for the next day” is based on the previous calculations including the total hot water supply load of the previous day and the predicted load of the target day), the hourly delivery capacity being determined for the target date by the supply capacity forecast circuitry (as noted above, the combination of the environmental information and the hot water supply load is realized, i.e. a delivery capacity is determined for the target date), the hourly consumption of hot water being forecasted for the target date by the demand forecast circuitry (as noted above, the hot water supply load is predicted).
Regarding claim 2. Toyoshima teaches the thermal storage system of claim 1, wherein the demand forecast circuitry is configured to
correct the data indicating past change in consumption of hot water by use of the information regarding weather forecast for the target date (para. 8, “The learning unit learns a combination of the environmental information in the specific time zone and the total hot water supply load in one day, which is highly responsive to the prediction of the hot water supply load …” Thus the data indicating past change is corrected by the weather information to predict hot water supply load) and
forecast the hourly consumption of hot water on the target date (para. 8, “the prediction of the hot water supply load” where the predicted values would be understood to be over the course of a day, similar to fig. 3).
Regarding claim 7. Toyoshima teaches the thermal storage system of claim 1, wherein the acquiring circuitry is configured to acquire the information regarding weather forecast from a server connected to the acquiring circuitry via a network (para. 21).
Regarding claim 8. The claim is rejected using substantially the same rationale as applied to claim 1.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toyoshima as applied to claim 1 above, and further in view of the attached NPL to Science Direct, Influence of outdoor air conditions on the air source heat pumps performance, published in 2014.
Regarding claim 3. Toyoshima teaches the thermal storage system of claim 1, wherein
the memory circuitry is configured to store a capacity chart for determining the delivery capacity on the basis of outdoor air temperature (fig. 6, the COP is determined based on the outdoor temperature),
the acquiring circuitry is configured to acquire the information regarding weather forecast containing the outdoor air temperature and weather information (para. 49), and
the supply capacity forecast circuitry is configured to
refer to the capacity chart stored by the memory circuitry (para. 54),
determine the delivery capacity on the basis of information regarding the outdoor air temperature contained in the information regarding weather forecast acquired by the acquiring circuitry (the information in the forecast is used to determine the COP chart of fig. 6, paras. 53-54), and
correct the determined delivery capacity by use of the weather information contained in the information regarding weather forecast (para. 53, “The plan creation unit 57 predicts the COP corresponding to the outside air temperature at the time of operation”).
PNG
media_image2.png
485
576
media_image2.png
Greyscale
But fails to teach determining the delivery capacity on the basis of outdoor air humidity,
The information regarding weather forecast containing the outdoor air humidity, and
Determining the delivery capacity on the basis of information regarding the outdoor air humidity.
It is known in the art from Science Direct that outdoor humidity effects air source heat pumps COP (see abstract).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Toyoshima to also make determinations based on the outdoor air humidity, at least by containing humidity in the weather forecast. This would provide the predictable result and benefit of more accurately determining the COP of the heat pump in cold weather, as suggested by Science Direct in the abstract, “The analysis highlights also that the defrosting contribution on the heat pump performance is not negligible when the heat pump that operates in wet weather, although cold; in these conditions the hourly COP may be reduced by up to 20%.”
Regarding claim 9. The claim is rejected using substantially the same rationale as applied to claim 3.
Allowable Subject Matter
Claims 4-6, and 10-12 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4. Toyoshima, applied to claim 1, represents the closest prior art of record to the claimed invention.
Toyoshima teaches the thermal storage system of claim 1, wherein the water heater includes
a heat source side heat exchanger (fig. 1, heat pump unit 1 having air heat exchanger, i.e. evaporator, that exchanges heat with outside air, see para. 16),
a fan configured to supply air to the heat source side heat exchanger (paras. 15-16 describe a typical heat pump system in which, “a portion where outside air is taken in”. This is understood to be done by a fan, per se.), and
a temperature sensor configured to detect a suction temperature being a temperature of air sucked by the fan (para. 16, “In the heat pump unit 1, an outside air temperature sensor 9 for measuring an outside air temperature is provided at a portion where outside air is taken in.”),
the acquiring circuitry is configured to acquire information regarding the suction temperature from the temperature sensor in the water heater in operation (para. 34, “The storage unit 53 stores … the outside air temperature detected by the outside air temperature sensor 9”), and
the outdoor air temperature being contained in the information regarding weather forecast acquired by the acquiring circuitry (weather information from forecast acquisition unit 56).
The prior art fails to teach, “the supply capacity forecast circuitry is configured to calculate a temperature difference between outdoor air temperature and the suction temperature and correct, by use of the temperature difference, a value of the delivery capacity determined on the basis of the information regarding weather forecast.”, in addition to the rest of the claim.
Instead, the system of Toyoshima teaches “The heat pump unit 1 further includes an air heat exchanger (evaporator) that exchanges heat with outside air … an outside air temperature sensor 9 for measuring an outside air temperature is provided at a portion where outside air is taken in.” Furthermore, it would not have been obvious to one of ordinary skill in the art to calculate a temperature difference between outdoor air temperature and the suction temperature to correct the determined delivery capacity, as claimed, since the two values are understood to be substantially the same. In other words, the system is characterized by the outdoor temperature sensor and then predicted based on a forecast temperature, and no correction is required.
Regarding claim 10. The claim is allowable for substantially the same reason as claim 4.
Regarding claims 11-12. The claims are allowable for substantially the same reasons as claim 4, where the modification by Science Direct does not overcome the above deficiencies.
Regarding claim 5. Toyoshima, applied to claim 1, represents the closest prior art of record to the claimed invention.
Toyoshima teaches the thermal storage system of claim 1, wherein the water heater includes
a heat source side heat exchanger (fig. 1, heat pump unit 1 having air heat exchanger, i.e. evaporator, that exchanges heat with outside air, see para. 16),
a fan configured to supply air to the heat source side heat exchanger (paras. 15-16 describe a typical heat pump system in which, “a portion where outside air is taken in”. This is understood to be done by a fan, per se.), and
a temperature sensor configured to detect a suction temperature being a temperature of air sucked by the fan (para. 16, “In the heat pump unit 1, an outside air temperature sensor 9 for measuring an outside air temperature is provided at a portion where outside air is taken in.”),
the acquiring circuitry is configured to acquire information regarding the suction temperature from the temperature sensor in the water heater in operation (para. 34, “The storage unit 53 stores … the outside air temperature detected by the outside air temperature sensor 9”), and
the outdoor air temperature being contained in the information regarding weather forecast acquired by the acquiring circuitry (weather information from forecast acquisition unit 56).
The prior art fails to teach, “the supply capacity forecast circuitry is configured to determine whether outdoor air temperature is related to the suction temperature and refrain from determining the delivery capacity when the outdoor air temperature is determined to be unrelated to the suction temperature, and the planning circuitry is configured to, when the supply capacity forecast circuitry determines that the outdoor air temperature is unrelated to the suction temperature, determine the operation schedule on the basis of the hourly consumption of hot water forecasted for the target date by the demand forecast circuitry and send, to an operation terminal of the water heater, information indicating that the operation schedule has been determined without the delivery capacity being taken into account.”, in addition to the rest of the claim.
Instead, as noted above in the explanation to claim 4, Toyoshima operates where the measured suction temperature is substantially the same as the forecast temperature, this is because the suction temperature is measuring the temperature of outdoor air. Furthermore, it would not have been obvious to one of ordinary skill in the art to determine whether outdoor air temperature is related to the suction temperature, as claimed, since this is understood to be the case.
Examiner Note: The limitations related to “when the outdoor air temperature is determined to be unrelated to the suction temperature” and “when the supply capacity forecast circuitry determines that the outdoor air temperature is unrelated to the suction temperature” are being interpreted as contingent limitations consistent with MPEP 2111.04 II.
Regarding claim 6. Toyoshima, applied to claim 1, represents the closest prior art of record to the claimed invention.
Toyoshima teaches the thermal storage system of claim 1, wherein the memory circuitry is configured to store meteorological information during at least a previous one-year period in a region where the water heater has been installed (para. 42, “The storage unit 53 stores … the outside air temperature … for one year or more, preferably for a plurality of years.”).
The prior art fails to teach, “the acquiring circuitry is configured to acquire from the memory circuitry, as the information regarding weather forecast, the meteorological information for a date one year before the target date or the meteorological information for a plurality of past dates predetermined by use of as a reference date a same date one year before the target date”, in addition to the rest of the claim.
Instead, Toyoshima uses the stored outside air temperature to train the learning unit 55 in the hot water supply load corresponding to the transition of the seasons in one year, see para. 42. Furthermore, it would not have been obvious to one of ordinary skill in the art to use the stored temperature data as the forecast information, as claimed, since the system of Toyoshima uses more accurate forecasting data from the internet.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kurt J Wolford whose telephone number is (571)272-9945. The examiner can normally be reached 7:30 AM - 4:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael G Hoang can be reached at (571)272-6460. 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.
/KURT J WOLFORD/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
Prosecution Insights