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 Objections
The claims are objected to because of the following informalities:
Claim 1 last paragraph should read, “… and configured to perform hot water control …”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 16 recites the limitation "the temperature sensor installed on the first flow path" in the last paragraph. There is insufficient antecedent basis for this limitation in the claim. The temperature sensor recited in claims 14 and 15 would be considered as being installed on the second flow path.
For the purpose of substantive examination, Examiner will consider the claim as if first introducing a temperature sensor installed on the first flow path.
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) 1-4, 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20210055018 A1 to Son in view of US 20090192748 A1 to Palmer.
Regarding claim 1. Son teaches a hot water supply apparatus (fig. 2) comprising
a first heat exchanger configured to heat heating water using heat obtained by combusting a fuel by a burner (main heat exchanger 12, described in para. 22 as, “The main heat exchanger 12 and the hot water heat exchanger 13 may be directly or indirectly supplied with heat of combustion of the burner 21.”) and
a second heat exchanger configured to generate hot water by exchanging heat between supply water supplied by the first heat exchanger and direct water (hot water heat exchanger 13, described in para. 21, “The gas appliance 10 may include … a three-way valve 14 that switches a flow passage to a heating mode or a hot water mode … a connecting pipe L5 that connects the heating water circulation pipes L1 and L2 and the heating water supply pipes L3 and L4, and a hot water heat exchanger 13 that supplies hot water through heat exchange with supply water”, as seen in fig. 2),
the hot water supply apparatus comprising:
a first temperature sensor (16b) installed on a first flow path (at least L3) through which the supply water supplied by the first heat exchanger flows to the second heat exchanger and configured to measure a temperature of the supply water (16b measures the temperature of the water from heat exchanger 12, see arrows in fig. 2);
a second temperature sensor (16a) installed on a second flow path (at least L2) through which return water of the supply water cooled after heat exchange with the second heat exchanger flows to the first heat exchanger and configured to measure a temperature of the return water (16a measures the temperature of the water from heat exchanger 13, at least when the valve 14 sends water through L5, see para. 21); and
a controller configured to perform hot water control (controller 30, para. 92, “The controller 30 obtains a required heating value that the burner 6 has to output to create a predetermined state, obtains an indicated heating value corresponding to a control value transmitted to the heat generator for control of the heat generator in the predetermined state, and determines whether the gas is unusually used, based on the required heating value and the indicated heating value.”).
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But fails to teach a controller configured to predict the temperature of the supply water based on the temperature of the return water measured by the second temperature sensor and configured to perform hot water control based on the predicted temperature of the supply water.
Palmer teaches a controller (fig. 1, controller 150) configured to predict the temperature of the supply water (T.sub.2, para. 36, “In other words, this model can be used to predict the output temperature T.sub.2 of the water at a specific flow rate at a specific time.”) based on the temperature of the return water (T.sub.1, para. 36, “In addition, the processor 140 may receive time-dependent fluid relating parameter values on its input 144 such as a fluid input temperature T.sub.1 and a fluid flow rate through the conduit 110.”) measured by the second temperature sensor (para. 34, “The temperature T.sub.1 may be measured using a temperature sensor (not shown).”) and configured to perform hot water control based on the predicted temperature of the supply water (para. 32, “The controller typically regulates the required demand for the temperature adjusting element 130 to ensure that the required output temperature T2 is achieved as accurately as possible.”).
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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 Son to implement a suitable control system, as taught by Palmer. This would provide the predictable result and benefit of providing fluid temperature control without thermal lag, as suggested by Palmer in para. 8, “The present invention seeks to provide a system for changing the temperature of a fluid that does not significantly suffer from thermal lag.”, see also last sentence of the abstract, “The system thus provides accurate fluid temperature control without suffering from the slow responsiveness that usually mars sensor-based systems.”
Regarding claim 2. Modified Son teaches the hot water supply apparatus of claim 1, wherein the controller predicts the temperature of the supply water based on
a combustion heat amount of the first heat exchanger (Palmer para. 34, “The program typically estimates the heat transfer between the conduit 110 including the temperature adjusting means 130 and the fluid 120 using one or more time-dependent variables, which may be received on the inputs 142 and 144 of the processor 140. For instance, the controller 150 may calculate a load for the temperature adjusting means 130 from the control signal 146 received from the processor 140, and may generate a further control signal forcing the temperature adjusting means 130 to assume the calculated load” When implementing the suitable control system of Palmer into the system of Son, which uses a combustion heater, it would have been obvious to adjust the burner in the same way as Palmer’s temperature adjusting means 130),
a circulation flow rate of water flowing along the first flow path and the second flow path (Palmer para. 34, “In addition, the processor 140 may receive time-dependent fluid relating parameter values on its input 144 such as … a fluid flow rate through the conduit 110.”), and
the temperature of the return water (Palmer para. 34, “In addition, the processor 140 may receive time-dependent fluid relating parameter values on its input 144 such as a fluid input temperature T.sub.1 …”), before a temperature reaction delay time until a change in the temperature of the return water is reflected on the temperature of the supply water (the system is designed to substantially immediately estimate a temperature T.sub.2, i.e. before a temperature reaction delay time, and continue to do so until the actual change of T.sub.2 is reflected).
Regarding claim 3. Modified Son teaches the hot water supply apparatus of claim 2, wherein the controller performs supply water temperature limiting control when the predicted temperature of the supply water is greater than a preset reference temperature (Palmer para. 34, “For instance, the controller 150 may calculate a load for the temperature adjusting means 130 from the control signal 146 received from the processor 140, and may generate a further control signal forcing the temperature adjusting means 130 to assume the calculated load.” Therefore, the control signal would limit the suitable temperature adjusting means 130 when necessary, to achieve the calculated load).
Regarding claim 4. Modified Son teaches the hot water supply apparatus of claim 3, wherein the controller
sets the reference temperature to the temperature of the supply water measured by the first temperature sensor when performing the supply water temperature limiting control (This corresponds to T.sub.2 in the suitable controller of Palmer, which would be the temperature measured by the sensor 16b in Son) and
performs a combustion heat amount control operation based on the reference temperature (the control of suitable 130 is based on the desired T.sub.2).
Regarding claim 14. The claim is rejected using substantially the same rationale applied to claim 1, where the prior art additionally teaches the following:
Son teaches a hot water control method for a hot water supply apparatus comprising:
measuring a temperature of return water of the supply water cooled after heat exchange with the second heat exchanger (16a measures the temperature of the water from heat exchanger 13, at least when the valve 14 sends water through L5, see para. 21) using a temperature sensor (16a) installed on a flow path through which the return water flows to the first heat exchanger (at least L2).
Regarding claim 15. The claim is rejected using substantially the same rationale applied to claim 2.
Regarding claim 16. The claim is rejected using substantially the same rationale as applied to claim 4.
Claim Interpretation: The claim is being interpreted consistent with MPEP 2111.04 II, which states, The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. For example, assume a method claim requires step A if a first condition happens and step B if a second condition happens. If the claimed invention may be practiced without either the first or second condition happening, then neither step A or B is required by the broadest reasonable interpretation of the claim.” In this case, the recited performing supply water temperature limiting control is not being interpreted as required, per se, since the predicted temperature of the supply water does not have to be greater than a preset reference temperature. However, it is the Examiner’s position that the prior art does teach the contingent limitations.
Claim(s) 5-7, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Son in view of Palmer as applied to claims 1 and 16, respectively and as set forth above, and further in view of US 20220010976 A1 to Heo.
Regarding claim 5. Modified Son teaches the hot water supply apparatus of claim 1,
But fails to teach further comprising:
a mixing valve installed on a bypass flow path connecting a third flow path through which the direct water flows into the second heat exchanger and a fourth flow path through which the hot water generated by the second heat exchanger is discharged and
configured to adjust a flow rate of the direct water to adjust a temperature of the hot water discharged through the fourth flow path.
Heo teaches a mixing valve (fig. 2, copied below, mixing valve 160) installed on a bypass flow path (mixing pipe 150) connecting a third flow path through which the direct water flows into the second heat exchanger (direct water inflow pipe 130) and a fourth flow path through which the hot water generated by the second heat exchanger is discharged (hot water supply pipe 140) and
configured to adjust a flow rate of the direct water to adjust a temperature of the hot water discharged through the fourth flow path (para. 31, “the mixing valve 160 may be disposed in-line with the mixing pipe 150 and may adjust the amount of the direct water supplied to the hot-water supply pipe 140 through the mixing pipe 150 depending on an opening ratio.”).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the device of Son to implement a suitable mixing valve 160 and pipe 150, as taught by Heo. This would provide the predictable result and benefit of allowing the output hot water temperature to be regulated to a desired amount, as suggested by Heo in para. 33, “Accordingly, the temperature of the second hot water may be set to a required temperature that is a temperature set by the user.”
Regarding claim 6. Modified Son teaches the hot water supply apparatus of claim 5, wherein the controller
performs a supply water temperature limiting control when the predicted temperature of the supply water is greater than a preset reference temperature (Palmer para. 34, “For instance, the controller 150 may calculate a load for the temperature adjusting means 130 from the control signal 146 received from the processor 140, and may generate a further control signal forcing the temperature adjusting means 130 to assume the calculated load.” Therefore, the control signal would limit the suitable temperature adjusting means 130 when necessary, to achieve the calculated load) and
controls an opening rate of the mixing valve such that the temperature of the hot water is maintained at a target temperature while performing the supply water temperature limiting control (Para. 35, “The instructions stored in the memory, when executed, may cause the processor 105 to obtain a reference temperature based on the temperature of the direct water and the required temperature of the second hot water, the reference temperature being the temperature of the first hot water that allows the mixing valve 160 to maintain a preset opening ratio.” Therefore, the mixing valve could be opened when the system adjusts the burner load).
Claim Interpretation: The claim is being interpreted consistent with MPEP 2111.04 II, which states, “When analyzing the claimed system as a whole, the PTAB determined that "[t]he broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur." Schulhauser at 14. Therefore … to render the claimed system obvious, the prior art must teach the structure that performs the function of the contingent step along with the other recited claim limitations. Schulhauser at 9, 14.”
Regarding claim 7. Modified Son teaches the hot water supply apparatus of claim 6, wherein, while performing the supply water temperature limiting control (regulation of the burner), the controller controls an outlet temperature of the second heat exchanger to a temperature higher than the temperature of the hot water adjusted by the mixing valve (since unheated water is mixed with the outlet water of the second heat exchanger, the water outlet of the second heat exchanger would be understood to be necessarily higher than the adjusted temperature).
Regarding claim 17. The claim is rejected using substantially the same rationale as applied to claim 6.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Son in view of Palmer as applied to claim 8 above, and further in view of GB 2375593 A to Graham.
Regarding claim 8. Modified Son teaches the hot water supply apparatus of claim 1,
But fails to teach wherein, while combustion is performed by the burner, in a stable state in which the temperature of the supply water and the temperature of the return water are maintained constant for a predetermined period of time, the controller calculates a correction value for a combustion heat amount of the first heat exchanger and a circulation flow rate of water flowing along the first flow path and the second flow path.
Graham teaches a controller calculating a correction value for a heat amount of a heat exchanger and a circulation flow rate of water (pp. 2-3, “Preferably, a correction factor is generated and stored in respect of each of the electric heater elements. Preferably, the shower further comprises means for sensing the flow rate of the water passing through the shower in use, the control means being adapted, in use, to determine and activate a combination of elements required to raise the temperature of the water passing through the 5 heater substantially to a predetermined value in dependence on both the inlet water temperature and the flow rate.” See also the abstract to understand the basic system operation)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the device of Son, to calculate a correction factor of the heat exchanger based on at least the flow rate and water temperature increase, as taught by Graham. This would provide the predictable result and benefit of improving the predictive accuracy, as suggested by Graham in the abstract, “To improve the predictive accuracy of the control means in selecting the required combination of elements, the control means compares the actual value of the outlet water temperature achieved with an expected value for the outlet water temperature and generates a correction factor based on any differences between the expected and the actual values.”
As noted in Palmer, the temperature sensors used to measure the water temperature are susceptible to thermal lag. Therefore, one of ordinary skill in the art would only determine the actual value of the heated water during a substantially stable state after sufficient time for thermal lag to be eliminated, as claimed.
Regarding claim 9. Modified Son teaches the hot water supply apparatus of claim 8, wherein the controller calculates the correction value based on the temperature of the supply water (Graham, p. 1 para. 2, “the temperature of the water leaving the shower”), the temperature of the return water (Graham, p. 1 para. 2, “the temperature of the water entering the shower”), the combustion heat amount of the first heat exchanger (Graham, p. 1 para. 2, “the power rating of the heating element” where this is understood to be analogous to the combustion heat amount when applied to the device of Son), and the circulation flow rate (Graham, p. 1 para. 2, “the flow rate of the water passing through the water heater”).
Allowable Subject Matter
Claims 10-13, 18 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 10. The combination of Son in view of Palmer and Graham, applied to claim 8, represents the closest prior art of record to the claimed invention. The prior art fails to teach, “wherein the controller predicts the temperature of the supply water based on a correction average value of the correction values calculated in each stable state.”, in addition to the rest of the claim.
Instead, the system of Graham is used to determine a singular correction factor, and at best teaches a plurality of correction factors each corresponding to a respective heating element. Therefore, it would not have been obvious to one of ordinary skill in the art to provide a plurality of correction values, for which an average is determined, for the singular burner of Son, while predicting the temperature of the supply water based on said average, as claimed, based on the teachings of Graham and/or any further prior art of record.
Regarding claim 18. The claim would be allowable for the same reasons as claim 10.
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.
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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.
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/KURT J WOLFORD/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
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