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 .
Status
This Office Action is in response to the remarks and amendments filed on 03/27/2026. The claim objection, 35 U.S.C. 112f claim interpretation and 35 U.S.C. 112b rejections are withdrawn. Claims 1-10 remain pending for consideration on the merits.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 4-5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al (US 20230094976 A1, hereinafter Choi) in view of Tamaki et al (US 20150040595 A1, hereinafter Tamaki).
Regarding claim 1, Choi teaches an air-conditioning apparatus (figure 2 and as described in paragraph 0026) comprising: a heat source device (compressor 111) that includes a refrigerant cycle (figure 2) circulating a refrigerant (paragraph 0028); an air-conditioning unit (abstract) configured to perform a heating operation (paragraph 0047) and a cooling operation (0047) by exchanging heat between the refrigerant (paragraph 0034) and indoor air (via IU, figure 2 and paragraph 0036); a hot water supply unit (water tank 140) that includes a hot water storage tank (water tank 140) and configured to perform a hot water supply operation (paragraph 0047) by heating with the refrigerant (paragraph 0034).
Choi teaches the invention as described above but fail to teach a control circuitry configured to perform a first alternate operation of alternating between performing the heating operation and performing the hot water supply operation when a heating request and a hot water supply request are received at the same time, and to perform a second alternate operation of alternating between performing the cooling operation and performing the hot water supply operation when a cooling request and the hot water supply request are received at the same time, wherein the control circuitry is configured to perform control to make a first continuous operation time of the hot water supply operation in the first alternate operation different from a second continuous operation time of the hot water supply operation in the second alternate operation.
However, Tamaki teaches a control circuitry (controller 101) configured to perform a first alternate operation (paragraph 0040) of alternating (via communication part 104, paragraph 0038) between performing the heating operation (heating instruction, paragraph 0038) and performing the hot water supply operation (hot water supply instruction, paragraph 0038) when a heating request and a hot water supply request are received at the same time (as described in paragraph 0038), and to perform a second alternate operation of alternating between performing the cooling operation and performing the hot water supply operation (simultaneous cooling and hot water supply operation mode D, paragraph 0066) when a cooling request and the hot water supply request are received at the same time (a selection between the air-conditioning-prioritized mode and the hot-water-supply-prioritized mode, paragraph 0066), wherein the control circuitry (controller 101) is configured to perform control to make a first continuous operation time (predetermined time, paragraph 0053) of the hot water supply operation (hot water supply instruction, paragraph 0038) in the first alternate operation (paragraph 0040) different from a second continuous operation time (when the hot water supply operation mode C and the simultaneous cooling and hot water supply operation mode D continue to operate for a time longer than the predetermined time, paragraph 0053) of the hot water supply operation (hot water supply instruction, paragraph 0038) in the second alternate operation (simultaneous cooling and hot water supply operation mode D, paragraph 0066).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the apparatus in the teachings of Choi to include wherein the control circuitry unit is configured to perform control to make a first continuous operation time of the hot water supply operation in the first alternate operation different from a second continuous operation time of the hot water supply operation in the second alternate operation, wherein the control circuitry is configured to perform control to make a first continuous operation time of the hot water supply operation in the first alternate operation different from a second continuous operation time of the hot water supply operation in the second alternate operation in view of the teachings of Tamaki in order to yield the predictable result of operation efficiency is enhanced, and thereby energy saving can be achieved.
Further, it is understood, claim 1 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claim 4, the combined teachings teach wherein the hot water supply unit (water tank 140 of Choi) includes a heater (heater 141 of Choi), and the control circuitry (controller 150 of Choi) is configured to cause the heater (heater 141 of Choi) to start heating and start the heating operation in the first alternate operation (paragraph 0034 of Choi), and to cause the heater to start heating (paragraph 0080 of Choi) and start the cooling operation in the second alternate operation (paragraph 0080 of Choi).
Further, it is understood, claim 4 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claim 5, the combined teachings teach wherein the control circuitry (controller 150 of Choi) is configured to cause the heater to start heating (heater 141, paragraph 0108 of Choi) when a water temperature in the hot water storage tank reaches a threshold value (when it is determined that the temperature of the hot water supply pipe is out of the normal range (S318), the controller 150 may turn on the heater 141 (S319), paragraph 0108 of Choi).
Further, it is understood, claim 5 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claim 10, it is noted that although the preamble of claim 10 is directed towards a method, the structure of the combined teachings discloses all the structure being provided in the method steps, thus the method is also anticipated or rendered obvious by the combined teachings. If a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated or rendered obvious by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently or obviously perform the claimed process. Thus, the method, as claimed, would necessarily result from the normal operation of the apparatus. See MPEP 2112.02.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Choi as modified by Tamaki, as applied to claim 1 above, and in further view of Chikami et al (US 20190257536 A1, hereinafter Chikami).
Regarding claim 2, the combined teachings teach the invention as described above but fail to teach wherein the control circuitry is configured to set the first continuous operation time to be shorter than the second continuous operation time.
However, Chikami teaches wherein the control circuitry (controller, paragraph 0010) is configured to set the first continuous operation time to be shorter (the shorter the time period of said heating operation, paragraph 0010) than the second continuous operation time (resuming the cooling operation at an appropriate time point, paragraph 0010).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the apparatus in the teachings of Choi to include wherein the control circuitry is configured to set the first continuous operation time to be shorter than the second continuous operation time in view of the teachings of Chikami in order to yield the predictable result of the user's comfort can be ensured.
Further, it is understood, claim 2 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claim 3, the combined teachings teach wherein the control circuitry (controller, paragraph 0010 of Chikami) is configured to change at least one of the first continuous operation time and the second continuous operation time based on an outside air temperature (resume the cooling operation at an appropriate time point based on the outside temperature, paragraph 0010 of Chikami).
Further, it is understood, claim 3 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Choi as modified by Tamaki as applied to claim 4 above, and further in view of Ushijima et al (US 20090199581 A1, hereinafter Ushijima).
Regarding claim 6, the combined teachings teach the invention as described above but fail to teach wherein the control circuitry is configured to cause the heater to start heating when a condensation temperature of the refrigerant during the hot water supply operation reaches a threshold value.
However, Ushijima teaches wherein the control circuitry (control device 14) is configured to cause the heater (heat pump water heater, paragraph 0043) to start heating when a condensation temperature of the refrigerant (the condensing temperature of the water heat exchanger 2, paragraph 0043) during the hot water supply operation reaches a threshold value (via S3, paragraph 0030 and as shown on figure 3).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the apparatus in the combined teachings to include wherein the control circuitry is configured to cause the heater to start heating when a condensation temperature of the refrigerant during the hot water supply operation reaches a threshold value in view of the teachings of Ushijima in order to yield the predictable result of satisfying a need for high hot water supply ability and high heating ability while ensuring its reliability, even at a low ambient temperature.
Further, it is understood, claim 6 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Choi as modified by Tamaki as applied to claim 4 above, and further in view of White (US 20220146147 A1, hereinafter White).
Regarding claim 7, the combined teachings teach the invention as described above but fail to teach wherein the control circuitry is configured to prohibit the heater from starting heating when the heating operation is performed in the first alternate operation or when the cooling operation is performed in the second alternate operation.
However, White teaches wherein the control circuitry (control panel 116) is configured to prohibit the heating unit from starting heating (deactivating the tankless hot water heater, paragraph 0029) when the heating operation is performed in the first alternate operation (heating instruction, paragraph 0029) or when the cooling operation is performed in the second alternate operation.
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the apparatus in the combined teachings to include wherein the control circuitry is configured to prohibit the heating unit from starting heating when the heating operation is performed in the first alternate operation or when the cooling operation is performed in the second alternate operation in view of the teachings of White in order to yield the predictable result of sensing an absence of water flow, thereby deactivating the tankless hot water heater.
Further, it is understood, claim 7 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claim 8, the combined teachings teach wherein the control circuitry (controller 150 of Choi) is configured to permit the heater to perform heating (heater 141, paragraph 0047 of Choi) when the heating operation is performed in the first alternate operation (as described in paragraph 0080 of Choi) or the cooling operation is performed in the second alternate operation, and an indoor temperature reaches a target temperature (based on temperature values input from the first sensor 161 to the fourth sensor 164, paragraphs 0042-0047 of Choi).
Further, it is understood, claim 8 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Choi as modified by Tamaki as applied to claim 1 above, and further in view of Li et al (CN 112032884 A, hereinafter Li).
Regarding claim 9, the combined teachings teach the invention as described above but fail to teach wherein the heat source device includes a compressor, a minimum frequency of the compressor in the hot water supply operation is greater than a minimum frequency of the compressor in the heating operation, and the minimum frequency of the compressor in the hot water supply operation is greater than a minimum frequency of the compressor in the cooling operation.
However, Li teaches wherein the heat source device (compressor, paragraph 0002) includes a compressor (compressor, paragraph 0002), a minimum frequency of the compressor (operation frequency of the compressor, paragraph 0002) in the hot water supply operation (according to the actual water outlet temperature of the water heater, paragraph 0006) is greater (increasing the operation frequency of the compressor, paragraph 0006) than a minimum frequency of the compressor in the heating operation (the operating frequency of the compressor, paragraph 0002), and the minimum frequency of the compressor (operation frequency of the compressor, paragraph 0002) in the hot water supply operation (according to the actual water outlet temperature of the water heater, paragraph 0006) is greater than a minimum frequency of the compressor in the cooling operation (one of the ordinary skill in the art would determine that during hot water supply operation, the operation frequency of a compressor would be significantly higher than during a cooling operation to better satisfy the actual use requirement of the user and improve the use experience of the user).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the apparatus in the combined teachings to include wherein the heat source device includes a compressor, a minimum frequency of the compressor in the hot water supply operation is greater than a minimum frequency of the compressor in the heating operation, and the minimum frequency of the compressor in the hot water supply operation is greater than a minimum frequency of the compressor in the cooling operation in view of the teachings of Li in order to yield the predictable result of to better satisfy the actual use requirement of the user and improve the use experience of the user.
Response to Arguments
Applicant’s arguments with respect to claim(s) 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARIO DELEON whose telephone number is (571)272-8687. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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 Daryl 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.
/DARIO ANTONIO DELEON/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
Prosecution Insights