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 .
DETAILED ACTION
Response to Amendment
The Amendment filed 8/3/26 has been entered. Claims 1-16 are pending in the application. Application’s amendments to the Drawings, Specification, and Claims have overcome each and every objection and 112(b) rejection previously set forth in the Non-Final Office Action mailed 5/13/26.
Response to Arguments
Applicant's arguments filed 8/3/26 have been fully considered but they are not persuasive.
Applicant asserts that Kreutzman does not teach a back-up power supply because an overly broad interpretation was used to teach a back-up power supply mode and that merely keeping the system running when power is out is not a back-up power supply mode.
Examiner interprets a mode in which back-up power is supplied to be a back-up power supply mode. Applicant is arguing features not claimed.
The rest of the arguments appear to be statements that the prior art does not teach elements of the claim language without further explanation. The prior art teaches the claimed elements per the rejection below.
Claim Objections
Claims 5 is objected to because of the following informalities:
Claim 5 recites “GHG content”. This abbreviation is not disclosed earlier in the claim language. For examination purposes this will be interpreted as greenhouse gas content.
Appropriate correction is required.
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, 3-4, 9, and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. PGPUB 20150354833 to Kreutzman (Kreutzman) in view of WO2007098526 to Elliot et al. (Elliot).
Regarding claim 1, Kreutzman teaches a tank configured for storing water (12, Figure 11); an electric heating element (110 and/or 34, Figure 11) and a heat pump assembly for heating the water in the tank (unlabeled arrow listed as 150 in the specification, Figure 11); and a controller operatively coupled to the electric heating element and the heat pump assembly that is configured to control operation of the water heating system (80, Paragraph 0114); wherein the controller comprises a plurality of predefined operating modes including a solar system operating mode that modifies operation based on operation of a solar generation system (Paragraph 0117 with solar arrays shown in Figure 3 and Paragraphs 0045-0046 as a renewable source); an interface configured for gathering information including electrical grid status information, user preferences for operation of the water heating system including enabling the solar system generation mode, and solar system generation operating information (Figures 6-9, Paragraphs 0087, 0090-0096 and 0117 disclose grid and user information and enabling the solar modes); wherein the controller is configured to process the information to control the water heater to increase or decrease energy consumption for water heating in relation to the operational status of the back-up power supply and/or the solar generation system (Paragraphs 0087, 0090-0096, 0103-0104, and 0111-0118 discloses increasing and decreasing use of energy sources based on information received).
Kreutzman is silent on wherein the controller comprises a plurality of predefined operating modes including a back-up power supply operating mode that modifies operation of the system based upon communication with a back-up power supply, enabling the backup power supply mode of operation, back-up power supply operating information
Elliot teaches wherein the controller comprises a plurality of predefined operating modes including a back-up power supply operating mode that modifies operation of the system based upon communication with a back-up power supply, enabling the backup power supply mode of operation, back-up power supply operating information (Paragraphs 0026 and 0058 disclose modifying operation of the system with a backup power supply). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Kreutzman with the teachings of Elliot to provide wherein the controller comprises a plurality of predefined operating modes including a back-up power supply operating mode that modifies operation of the system based upon communication with a back-up power supply, enabling the backup power supply mode of operation, back-up power supply operating information. Doing so would allow the device to operate during a power outage.
Regarding claim 3, Kreutzman teaches wherein the gathered information further comprises any of information about a heating system, a cooling system, presence of intelligent electrical panels, and presence of other smart home controller technologies (Figures 6-9, Paragraphs 0087, 0090-0096 and 0117 disclose information about at least a heating system and cooling system and this information is disclosed throughout. It is also noted that because intelligent electrical panels and other smart home technologies are not indicated as present information indicating the presence of these is also disclosed. It is noted that this claim is broad).
Regarding claim 4, Kreutzman teaches wherein the plurality of predefined operating modes further includes a minimum GHG content mode that can be activated or deactivated by a user (the device seeks to minimize cost and uses solar which would be a GHG content mode. It is noted that this claim is broad).
Regarding claim 8, the modified device of Kreutzman teaches wherein the backup power supply mode information comprises information from any of the back-up power supply system, a smart electrical panel, a smart home controller, and an outage duration analysis process (Paragraphs 0026 and 0058 of Elliot disclose modifying operation of the system with a backup power supply which includes information from the back-up power supply system).
Regarding claim 9, the modified device of Kreutzman teaches wherein the controller is further configured to receive data from an intelligent electric panel and use this information to further control the water heating system (the controller of Kreutzman is configured to receive data from the claimed panel and control with that data. It is noted that an intelligent electric panel has not been positively recited).
Regarding claim 14, Kreutzman teaches a casing enclosing the heat pump system to provide an enclosed space, the casing including at least two air openings including a first air opening of the at least two air openings configured for receiving air and a second air opening of the at least two air openings configured for exhausting air, and a fan configured to exhaust air through the second air opening (shown in Figure 11).
Regarding claim 15, Kreutzman teaches wherein the first air opening is on the side of the casing (shown in Figure 11)
Kreutzman is silent on the second air opening is on the top of the casing. It would have been obvious to one of ordinary skill in the art at the time the invention was made to move the second opening to the top of the casing, since it has been held that mere relocation of an element would not have modified the operation of the device. (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kreutzman in view of Elliot and U.S. PGPUB 20140337082 to Nofal (Nofal).
Regarding claim 2, Kreutzman is silent on wherein the solar system information further includes information about orientation of the solar generation system.
Nofal teaches wherein the solar system information further includes information about orientation of the solar generation system (Paragraph 0744). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Kreutzman with the teachings of Nofal to provide wherein the solar system information further includes information about orientation of the solar generation system. Doing so would allow for the energy collected to be more accurately predicted and calculated.
Claim(s) 6, 10, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kreutzman in view of Elliot and U.S. PGPUB 20100206869 to Nelson et al. (Nelson).
Regarding claim 6, Kreutzman is silent on wherein the controller is configured to allow the user to enable or disable the plurality of predefined operating modes.
Nelson teaches wherein the controller is configured to allow the user to enable or disable the plurality of predefined operating modes (Paragraphs 0016 and 0041 disclose selecting operating modes). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Kreutzman with the teachings of Nelson to provide wherein the controller is configured to allow the user to enable or disable the plurality of predefined operating modes. Doing so would allow the water heater to be operated in a plurality of different ways easily.
Regarding claim 10, the modified device of Kreutzman teaches further comprising at least one temperature sensor that measures air temperature and wherein the controller processes the temperature information to control the heat pump water heater system (Claim 2 of Nelson).
Regarding claim 13, the modified device of Kreutzman teaches wherein the user preferences further comprise at least one of that the water heating system is to provide a highest possible efficiency of the overall home, that the water heating system is to operate with the fastest possible heating, and that the water heating system is to balance these user preferences (Nelson teaches at least a vacation mode which would meet one of these requirements if not all. Additionally, any mode would meet this requirement because efficiency is not compared to a setpoint therefore any mode would be operating at a highest efficiency or with the fastest possible heating).
Claim(s) 7 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kreutzman in view of Elliot and U.S. PGPUB 20200175534 to Aggarwala et al. (Aggarwala).
Regarding claim 7, Kreutzman is silent on wherein the gathered information further comprises any of utility rate information and weather forecast information.
Aggarwala teaches wherein the gathered information further comprises any of utility rate information and weather forecast information (Paragraphs 0037, 0052, 0053, and 0066). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Kreutzman with the teachings of Aggarwala to provide wherein the gathered information further comprises any of utility rate information and weather forecast information. Doing so would allow the device to operate efficiently with respect to anticipated weather.
Regarding claim 12, Kreutzman is silent on wherein the controller is further configured for gathering information comprising at least one of specifications for energy-related systems of a home in which the water heating system is installed, environmental parameters for a location in which the water heating system is installed, and information regarding electrical blackouts for a location in which the water heating system is installed.
The modified device of Kreutzman teaches wherein the controller is further configured for gathering information comprising at least one of specifications for energy-related systems of a home in which the water heating system is installed, environmental parameters for a location in which the water heating system is installed, and information regarding electrical blackouts for a location in which the water heating system is installed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of _ Kreutzman ___ with the teachings of Aggarwala to provide wherein the controller is further configured for gathering information comprising at least one of specifications for energy-related systems of a home in which the water heating system is installed, environmental parameters for a location in which the water heating system is installed, and information regarding electrical blackouts for a location in which the water heating system is installed (Paragraphs 0033-0036 and 0061-0063 of Aggarwala).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kreutzman in view of Elliot and U.S. PGPUB 20060032606 to Thybo (Thybo).
Regarding claim 11, Kreutzman is silent on wherein the controller is configured to estimate the air temperature based on electrical consumption of a compressor, and temperature of refrigerant returning from the compressor, and wherein the controller processes the information to control the heat pump water heater system.
Thybo teaches wherein the controller is configured to estimate the air temperature based on electrical consumption of a compressor, and temperature of refrigerant returning from the compressor, and wherein the controller processes the information to control the heat pump water heater system (Paragraphs 0041 and 0044 disclose condenser or refrigerant temperature). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Kreutzman with the teachings of Thybo to provide wherein the controller is configured to estimate the air temperature based on electrical consumption of a compressor, and temperature of refrigerant returning from the compressor, and wherein the controller processes the information to control the heat pump water heater system. Doing so would decrease the cost of the system and/or provide an equivalent alternative (Paragraph 0044).
Allowable Subject Matter
Claim 5 is allowed.
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 STEVEN S ANDERSON II whose telephone number is (571)272-2055. The examiner can normally be reached M-F 8-5.
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 Hoang can be reached at 574-272-6460. 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.
/STEVEN S ANDERSON II/Primary Examiner, Art Unit 3762
