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 § 102
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 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, 5, 8-9, 12-14 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2007/0213876 A1 (hereinafter “WARREN”).
Regarding Claims 1, 5 and 8-9, WARREN discloses a method for controlling operation of a gas furnace equipped with one or more secondary electrical power sources, the method comprising the steps of: switching the gas furnace to a secondary power mode in an event of loss of a primary electrical power source associated with the gas furnace ([0002] This invention relates to a process or method for controlling fossil fuel (oil or gas) furnaces under conditions of unintentional electrical power outage), wherein the gas furnace alternately switches between an ON state for a first prolonged time, and an OFF state for a second prolonged time, at a frequency of an optimized number of cycles per hour ([0042] The database is accessed during backup power operation by one or more algorithms to determine optimum on and off cycle durations.); wherein the gas furnace alternately switches between the ON state and the OFF state based on one or more of characteristics of a thermostat (120) associated with the gas furnace, a thermal load factor, and a thermostat preset temperature to be maintained at an AOI by the gas furnace ([0042] The database is accessed during backup power operation by one or more algorithms to determine optimum on and off cycle durations. See also paras. [0041] and [0043]); wherein the length of the cycle which includes the ON state and the OFF state of the gas furnace is longer during the secondary power mode than during the primary-power mode ([0036] According to the present invention, a backup power control or intelligent thermostat may alter the indoor temperature set point and relax the differential temperature band so as to control a heating unit in a differential temperature band greater than the typical one degree F. The differential temperature band may be any size so as to reduce energy consumption as compared to normal operation. The temperature thusly controlled is shown as the slowly oscillating temperature 606 in FIG. 6. With fewer on and off cycles, a heating unit is operated fewer times in a given time interval thus reducing the startup and shutdown losses. See also Fig. 6); wherein during the secondary power mode, the method further comprises steps of adjusting one or more control settings of the gas furnace to conserve electrical power stored in the one or more secondary electrical power sources, wherein the method of adjusting the one or more control settings comprises one or more of adjusting operating speed of a blower associated with the gas furnace to a lowest speed setting with optimized ramp changes during switching ON and OFF of the blower, increasing an ON-delay time of the blower to a first predetermined first value followed by a controlled ramp up of the blower, reducing the OFF-delay time of the blower to a second predetermined value ending with a controlled ramp down of the blower, and adjusting an input level of the gas furnace to a lowest level ([0040] With reference to FIG. 8, when line power is lost, the BUPC initiates a delay 806 before switching to auxiliary or backup electrical power 808. Next, the BUPC checks to see whether there is a comfort mode override 810. If so, the BUPC-switches into long-term protection mode 824 in which the BUPC conserves as much backup electrical energy as possible. If there is no comfort mode override, the BUPC checks to see whether the battery or alternative DC power source has a low charge 812. If so, the BUPC switches into long-term protection mode 824. If the battery or BUP unit does not have a low charge, the BUPC checks to see whether a cycle count is greater than a pre-determined short-term power outage limit 814. If so, the BUPC checks to see whether the cycle count is greater than a pre-determined long-term limit 818. If this second check is positive, then the BUPC switches into long-term protection mode 824. If the second check is negative, the BUPC switches into a long-term comfort mode 820. The BUPC in a long-term comfort mode 820 comprises increasing the differential temperature band as compared to a short-term comfort mode 816. The BUPC may take other actions in a long-term comfort mode 820 to more efficiently use the remaining electrical energy. See also [0005] A few prior art references describe control schemes for emergency or backup power operation of fossil fuel furnaces. U.S. Pat. No. 4,946,096 by Ballard et al. issued on Aug. 7, 1990 ("U.S. Pat. No. '096") discloses a control scheme for application of backup DC power to fossil fuel powered furnaces of that time period with blower and burner assemblies each having high and low settings. The control scheme restricts the furnace operation from a high heat mode during emergency power operation. As such U.S. Pat. No. '096 relies on switching to low heat mode and low circulating fan settings to reduce electrical power consumption.).
Regarding Claims 12-14 and 18, WARREN discloses a control device (104) for controlling operation of a gas furnace (106) equipped with one or more secondary electrical power sources (BUP), the control device comprises: a processor coupled to a memory storing instructions executable by the processor (see para. [0046]: “Such BPUC device may include a central processor and at least one type of memory comprising the nonexclusive list of RAM, Flash, and ROM memory.”), wherein the control device is operatively connected to the gas furnace, a primary electrical power source, and one or more secondary electrical power sources, and wherein the control device is configured to switch the gas furnace to a secondary power mode in an event of loss of the primary electrical power source (see para. [0040]), wherein the gas furnace alternately switches between an ON state for a first prolonged time, and an OFF state for a second prolonged time, at a frequency of an optimized number of cycles per hour ([0042] The database is accessed during backup power operation by one or more algorithms to determine optimum on and off cycle durations. See also paras. [0041] and [0043] and Fig. 6); wherein the control device is a thermostat (120) installed at an area of interest (AOI) to be heated by the gas furnace ([0035] In the present invention, BUP control (BUPC) separate from or imbedded in an intelligent thermostat (IT)); wherein the control device (104) is in communication with a thermostat (120) associated with the gas furnace (see para. [0035]: “The BUPC may provide bidirectional communication with a backup power device and may operate it in tandem with a thermostat.”); wherein the control device increases the length of the cycle which includes the ON state and the OFF state based on one or more of characteristics of a thermostat associated with the gas furnace, a thermal load factor, and a thermostat preset temperature to be maintained at an AOI by the gas furnace (see 606, Fig. 6; see also [0036] According to the present invention, a backup power control or intelligent thermostat may alter the indoor temperature set point and relax the differential temperature band so as to control a heating unit in a differential temperature band greater than the typical one degree F. The differential temperature band may be any size so as to reduce energy consumption as compared to normal operation. The temperature thusly controlled is shown as the slowly oscillating temperature 606 in FIG. 6. With fewer on and off cycles, a heating unit is operated fewer times in a given time interval thus reducing the startup and shutdown losses.).
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.
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.
Claims 2 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over WARREN in view of US 5427086 A (hereinafter “BROWNELL”).
Regarding Claim 2, WARREN does not explicitly disclose wherein the one or more secondary electrical power sources comprise a battery and a thermoelectric generator, wherein the method comprises the steps of: enabling the thermoelectric generator to generate electrical power from heat generated by the gas furnace during the ON state; and charging the battery and/or operating the gas furnace using the electrical power generated by the thermoelectric generator.
However, WARREN references BROWNELL which teaches forced air furnaces having means for thermoelectrically generating electric power to maintain the furnace in operation continuously despite power outages, wherein the one or more secondary electrical power sources comprise a battery (76) and a thermoelectric generator (40 or 60), wherein the method comprises the steps of: enabling the thermoelectric generator to generate electrical power from heat generated by the gas furnace during the ON state (see Col. 3, Ln. 62 through Col. 4, Ln. 3: “The control system shown in FIG. 5 includes the thermoelectric generator, either 40 or 60, the leads of which are connected to a controller 70 containing switch gear and a DC to AC inverter, which inverts the DC current from the generator into AC current for operating the blower motor and the pump, and which may be connected via a switch 72 to the house wiring which goes to the refrigerator, sump pump, freezer or other appliances which require continual operation even in the face of power outages.”); and charging the battery and/or operating the gas furnace using the electrical power generated by the thermoelectric generator (see Col. 4, Lns. 7-11: “When the furnace is in operation, the controller connects the thermoelectrically generated current, after DC to AC inversion, to the charger 74 so that the battery may be maintained charged.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify WARREN wherein the one or more secondary electrical power sources comprise a battery and a thermoelectric generator, wherein the method comprises the steps of: enabling the thermoelectric generator to generate electrical power from heat generated by the gas furnace during the ON state; and charging the battery and/or operating the gas furnace using the electrical power generated by the thermoelectric generator as taught and/or suggested by BROWNELL, since such a modification would provide an improved hot air gas-fired heating system which is electrically self-powered.
Regarding Claim 15, WARREN does not explicitly disclose wherein the one or more secondary electrical power sources comprise a battery, and a thermoelectric generator, wherein the control device is configured to: enable the thermoelectric generator to generate electrical power from heat generated by the gas furnace during the ON state; and charge the battery and/or operate the gas furnace using the electrical power generated by the thermoelectric generator.
However, WARREN references BROWNELL which teaches forced air furnaces having means for thermoelectrically generating electric power to maintain the furnace in operation continuously despite power outages, wherein the one or more secondary electrical power sources comprise a battery (76), and a thermoelectric generator (40 or 60), wherein the control device is configured to: enable the thermoelectric generator to generate electrical power from heat generated by the gas furnace during the ON state; and charge the battery and/or operate the gas furnace using the electrical power generated by the thermoelectric generator (see Col. 3, Ln. 62 through Col. 4, Ln. 3: “The control system shown in FIG. 5 includes the thermoelectric generator, either 40 or 60, the leads of which are connected to a controller 70 containing switch gear and a DC to AC inverter, which inverts the DC current from the generator into AC current for operating the blower motor and the pump, and which may be connected via a switch 72 to the house wiring which goes to the refrigerator, sump pump, freezer or other appliances which require continual operation even in the face of power outages.” See also Col. 4, Lns. 7-11: “When the furnace is in operation, the controller connects the thermoelectrically generated current, after DC to AC inversion, to the charger 74 so that the battery may be maintained charged.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify WARREN wherein the one or more secondary electrical power sources comprise a battery, and a thermoelectric generator, wherein the control device is configured to: enable the thermoelectric generator to generate electrical power from heat generated by the gas furnace during the ON state; and charge the battery and/or operate the gas furnace using the electrical power generated by the thermoelectric generator as taught and/or suggested by BROWNELL, since such a modification would provide an improved hot air gas-fired heating system which is electrically self-powered.
Claims 3 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over WARREN in view of US 2015/0204561 A1 (hereinafter “SADWICK”).
Regarding Claim 3, WARREN does not disclose wherein the one or more secondary electrical power sources comprise a battery and a solar power generation system, wherein the method comprises the steps of operating the gas furnace using the solar power generation system during daytime to build and utilize residual heat in an area of interest (AOI) to be heated by the gas furnace.
SADWICK, with reference to Fig. 39, teaches a power management system for appliances wherein the one or more secondary electrical power sources comprise a battery (402/406) and a solar power generation system (402), wherein the method comprises the steps of operating the gas furnace (see 412) using the solar power generation system during daytime to build and utilize residual heat in an area of interest (AOI) to be heated by the gas furnace.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify WARREN wherein the one or more secondary electrical power sources comprise a battery and a solar power generation system, wherein the method comprises the steps of operating the gas furnace using the solar power generation system during daytime to build and utilize residual heat in an area of interest (AOI) to be heated by the gas furnace as taught and/or suggested by SADWICK, since such a modification would make productive use of freely available renewable energy sources during main-grid power outages or would save costs by using said freely available renewable energy in place of main-grid power.
Regarding Claim 16, WARREN does not disclose wherein the one or more secondary electrical power sources comprise a battery, and a solar power generation system, wherein the control device is configured to operate the gas furnace using the solar power generation system during daytime to build and utilize residual heat in an area of interest (AOI) to be heated by the gas furnace.
SADWICK, with reference to Fig. 39, teaches a power management system for appliances wherein the one or more secondary electrical power sources comprise a battery (402/406), and a solar power generation system (402), wherein the control device is configured to operate the gas furnace (see 412) using the solar power generation system during daytime to build and utilize residual heat in an area of interest (AOI) to be heated by the gas furnace.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify WARREN wherein the one or more secondary electrical power sources comprise a battery, and a solar power generation system, wherein the control device is configured to operate the gas furnace using the solar power generation system during daytime to build and utilize residual heat in an area of interest (AOI) to be heated by the gas furnace as taught and/or suggested by SADWICK, since such a modification would make productive use of freely available renewable energy sources during main-grid power outages or would save costs by using said freely available renewable energy in place of main-grid power.
Claims 4 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over WARREN in view SADWICK and BROWNELL.
Regarding Claim 4, WARREN discloses wherein the one or more secondary electrical power sources comprise a battery (808), and a thermoelectric generator ([0006] U.S. Pat. No. 5,427,086 by Brownell issued on Jun. 27, 1995 ("U.S. Pat. No. '086") discloses a natural gas powered forced air furnace having a thermoelectric generator for providing continuous operation during an electric power outage.).
WARREN does not disclose wherein the one or more secondary electrical power sources comprise a solar power generation system, wherein the method comprises the steps of: operating the gas furnace using the solar power generation system during the daytime which enables the thermoelectric generator to generate electrical power from the heat generated by the gas furnace; and operating the gas furnace using the electrical power generated by the thermoelectric generator during the secondary power mode and/or during nighttime.
SADWICK teaches wherein the one or more secondary electrical power sources comprise a solar power generation system (402), wherein the method comprises the steps of: operating the gas furnace using the solar power generation system during the daytime ([0147] Turning to FIG. 39, wireless monitoring of power conversion and usage for collection and storage of power from solar window coverings is depicted in accordance with some embodiments of the invention. A wireless control module 400 monitors power and state of power usage in the system, including but not limited to monitoring solar panel blinds with battery backup 402. Power from the solar panel blinds with battery backup 402 can be switched between components in a wired or wireless switch 403 and converted to desired voltage and/or current levels in a DC/DC converter 404 and used to charge a backup battery or to power any DC device 406. Power from the solar panel blinds with battery backup 402 can also be converted to desired voltage and/or current levels in a DC/AC converter 410 and used to power any AC device 412 or distributed into the power grid 414.).
BROWNELL enables the thermoelectric generator (40 or 60) to generate electrical power from the heat generated by the gas furnace (see 10) and operating the gas furnace using the electrical power generated by the thermoelectric generator during the secondary power mode and/or during nighttime (see Col. 3, Ln. 62 through Col. 4, Ln. 3: “The control system shown in FIG. 5 includes the thermoelectric generator, either 40 or 60, the leads of which are connected to a controller 70 containing switch gear and a DC to AC inverter, which inverts the DC current from the generator into AC current for operating the blower motor and the pump, and which may be connected via a switch 72 to the house wiring which goes to the refrigerator, sump pump, freezer or other appliances which require continual operation even in the face of power outages.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify WARREN wherein the one or more secondary electrical power sources comprise a solar power generation system, wherein the method comprises the steps of: operating the gas furnace using the solar power generation system during the daytime which enables the thermoelectric generator to generate electrical power from the heat generated by the gas furnace; and operating the gas furnace using the electrical power generated by the thermoelectric generator during the secondary power mode and/or during nighttime as taught and/or suggested by the combined teachings of SADWICK and BROWNELL, since such a modification would save electricity cost by making productive use of freely available solar energy during daytime hours for starting said furnace, which saves costs by using said freely available renewable energy in place of main-grid power; and since such a modification would provide an improved hot air gas-fired heating system which can operate in a thermoelectrically self-powered mode.
Regarding Claim 17, see the discussion of Claim 4 above. In the interest of brevity, the same or equivalent claim limitations and the obviousness rationale for combining the references, as already discussed above, will not be repeated here.
Allowable Subject Matter
Claims 6-7, 10-11 and 19-20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because the references are either in the same field of endeavor or are reasonably pertinent to the particular problem with which the applicant was concerned. Please see form PTO-892 (Notice of References Cited) attached to, or included with, this Office Action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORGE A PEREIRO whose telephone number is (571)270-3932 and whose fax number is (571) 270-4932. The examiner can normally be reached on M-F 9:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JORGE A PEREIRO/ Primary Examiner, Art Unit 3799
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