DETAILED ACTION
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1-14 and 20 are rejected under 35 U.S.C. 101 because it is directed to a judicial exception relating to an abstract idea without significant more.
The claims recite a method for generating a scale service alert in a water heater appliance, comprising steps which all together appear to be a process practiced mentally but not integrated into any of the physical statutory patentable categories: process, machine, manufacture, or composition of matter. One would not be able to physically practice the claims (See MPEP 2106).
Going forward with examination, at least claims 1-2 and 20 are interpreted to be (Note that the numbers in parentheses are for ease of understand the claims based on the application’s drawings):
--1. A method for generating a scale service alert in a water heater appliance (100) having a mixing valve (114) configured to mix two sources of water at different temperatures to achieve a mix temperature, a heat source (102), and a controller (402), the method comprising:
measuring, by temperature sensors (116, 118, 120), a first temperature of the water received from a cold water inlet (104), a second temperature of the water delivered from a hot water outlet (106) from the heat source (102), and a third temperature of the water delivered from a mixing outlet (112) of a mixing region (110);
calculating, by the controller (402), an initial bypass mixing percentage of water (%cold) flowing through a bypass line (108) based on the first temperature of the water, the second temperature of the water, and the third temperature of the water;
detecting, via a stepper motor (302) driving the mixing valve (114) or by a position sensor, a baseline position of the mixing valve (114);
associating, by the controller (402), the calculated initial bypass mixing percentage of water (%cold) with the detected position of the mixing valve (114) to obtain a baseline feedback measurement of the calculated initial bypass mixing percentage (%cold) of water and the associated baseline position of the mixing valve (114);
periodically comparing, by the controller (402), current measurements of at least one of the bypass mixing percentage of water (%cold) or a current position of the mixing valve (114) to the baseline feedback measurement;
detecting, by the controller (402), blockages in at least one of the two sources of water when the current position of the mixing valve (114) changes by a pre-determined amount from the associated baseline position of the mixing valve (114) to achieve the same bypass mixing percentage of water (%cold) or when the current measurements of the bypass mixing percentage of water (%cold) deviates from the initial bypass mixing percentage of water (%cold) by a pre-determined factor; and
when the current position of the mixing valve (114) cold) or when the current measurements of the bypass mixing percentage of water (%cold) deviates from the initial bypass mixing percentage of water (%cold) by the pre-determined factor, the controller (402) generates the scale service alert, thereby alerting a user to service the water heater appliance (100).--
--2. The method of claim 1, wherein the measuring the first temperature, the second temperature, and the third temperature; the calculating the initial bypass mixing percentage of water (%cold) flowing through the bypass line (108); the detecting the position of the mixing valve (114) when the water heating appliance (100) was new; and the associating the calculated initial bypass mixing percentage of water (%cold) with the detected position of the mixing valve (114) are performed after an initial installation of the water heater appliance and after a first call for heat.--
--20. A method for generating a scale service alert in a water heater appliance (100) having a mixing region (110) configured to deliver mixed water by mixing heated water received from a heat source (102) and bypass water that bypasses the heat source (102), the method comprising:
calculating, by a controller (403), a baseline bypass percentage of bypass water (%cold) entering the mixing region (110) based on baseline temperatures of the bypass water, the heated water, and the mixed water;
detecting, via a stepper motor (302) driving a mixing valve (114) in the mixing region (110) or by a position sensor, a baseline position of the mixing valve (114) cold) to obtain a baseline feedback measurement including the baseline bypass percentage of bypass water (%cold) and a baseline position of the mixing valve (114);
comparing, by a controller (403), the baseline feedback measurement to at least one of a subsequent bypass percentage of bypass water (%cold) or a subsequent position of the mixing valve (114); and
when the subsequent bypass percentage of bypass water (%cold) deviates from the baseline bypass percentage of bypass water (%cold) by a pre-determined factor, or when the subsequent position of the mixing valve (114) deviates from the baseline position of the mixing valve (114) by a pre-determined factor, the controller (402) generates the scale service alert, thereby alerting a user to service the water heater appliance (100).--
Allowable Subject Matter
All pending claims 1-20 would be allowed if the above 101 rejections were overcome. The following would be an examiner’s statement of reasons for allowance:
With respect to independent claim 1, prior art of record doesn’t teach, suggest, or render obvious the total combination of the recited features, including the following allowable subject matter:
“…periodically comparing, by the controller (402), current measurements of at least one of the bypass mixing percentage of water (%cold) or a current position of the mixing valve (114) to the baseline feedback measurement;
detecting, by the controller (402), blockages in at least one of the two sources of water when the current position of the mixing valve (114) changes by a pre-determined amount from the associated baseline position of the mixing valve (114) to achieve the same bypass mixing percentage of water (%cold) or when the current measurements of the bypass mixing percentage of water (%cold) deviates from the initial bypass mixing percentage of water (%cold) by a pre-determined factor; and
when the current position of the mixing valve (114) changes by the pre-determined amount to achieve the same bypass mixing percentage of water (%cold) or when the current measurements of the bypass mixing percentage of water (%cold) deviates from the initial bypass mixing percentage of water (%cold) by the pre-determined factor, the controller (402) generates the scale service alert, thereby alerting a user to service the water heater appliance (100).”
(Claims 2-14 are dependent on claim 1.)
With respect to independent claim 15, prior art of record doesn’t teach, suggest, or render obvious the total combination of the recited features, including the following allowable subject matter (which essentially equivalent to the allowable subject matter of claim 1):
“…a controller (403) configured to:
…compare feedback measurements to the baseline feedback measurement;
detect blockages in at least one of the two sources of water when the mixing valve position requires a change of a pre-determined amount to achieve the same mixing percentage from the two sources of water; and
when the mixing valve position requires the change of the pre-determined amount to achieve the same mixing percentage from the two sources of water, trigger the scale service alert, thereby alerting the user to service the water heater appliance.”
(Claims 16-19 are dependent on claim 15.)
With respect to independent claim 20, prior art of record doesn’t teach, suggest, or render obvious the total combination of the recited features, including the following allowable subject matter (which essentially equivalent to the allowable subject matter of claim 1):
“…comparing, by a controller, the baseline feedback measurement to at least one of a subsequent bypass percentage of bypass water or a subsequent position of the mixing valve; and
when the subsequent bypass percentage of bypass water deviates from the baseline bypass percentage of bypass water by a pre-determined factor, or when the subsequent position of the mixing valve deviates from the baseline position of the mixing valve by a pre-determined factor, the controller generates the scale service alert, thereby alerting a user to service the water heater appliance.”
Conclusion
The prior art made of record below and not relied upon is considered most pertinent to applicant’s disclosure/invention.
US 9,885,497 B2 to Ward et al. discloses a method for operating a water heater appliance (100) having a mixing valve (120) configured to mix two sources of water at different temperatures to achieve a mix temperature, a heat source (101), and a controller (134). The method comprises essentially all the features recited in independent claims 1, 15 and 20, except for the allowable subject matter(s).
As shown in fig. 2 (reproduced below), the method comprises:
measuring, by temperature sensors (132, 133, 130), a first temperature (132) of the water received from a cold water inlet, a second temperature (133) of the water delivered from a hot water outlet (106) from the heat source (101), and a third temperature (130) of the water delivered from a mixing outlet (122) of a mixing region (120);
calculating, by the controller (134), an initial bypass mixing percentage of water (%cold) flowing through a bypass line based on the first temperature (132) of the water, the second temperature (133) of the water, and the third temperature (130) of the water (Col. 6, line 61 – Col. 7, line 52);
detecting, via a stepper motor driving the mixing valve (120) or by a position sensor, a baseline position (VMP theoretical) of the mixing valve 120 (Col. 6, line 61 – Col. 7, line 52);
associating, by the controller (134), the calculated initial bypass mixing percentage of water (%cold) with the detected position of the mixing valve (114) to obtain a baseline feedback measurement of the calculated initial bypass mixing percentage (%cold) of water and the associated baseline position of the mixing valve 120 (Col. 6, line 61 – Col. 7, line 52);
periodically comparing, by the controller (134), current measurements of at least one of the bypass mixing percentage of water (%cold) or a current position (VMP actual) of the mixing valve (120) to the baseline feedback measurement (to determine a difference between VMP actual and VMP theoretical, or ∆VMP; Col. 6, line 61 – Col. 7, line 52); and
calculating, by the controller (134), flow rate of water through the water heater appliance (100) for a variety of ∆VMP (Col. 8, lines 23-34).
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Ward et al. is at least silent about:
“…
detecting, by the controller (134), blockages in at least one of the two sources of water when the current position of the mixing valve (124) changes by a pre-determined amount from the associated baseline position of the mixing valve (124) to achieve the same bypass mixing percentage of water (%cold) or when the current measurements of the bypass mixing percentage of water (%cold) deviates from the initial bypass mixing percentage of water (%cold) by a pre-determined factor; and
when the current position of the mixing valve (124) changes by the pre-determined amount to achieve the same bypass mixing percentage of water (%cold) or when the current measurements of the bypass mixing percentage of water (%cold) deviates from the initial bypass mixing percentage of water (%cold) by the pre-determined factor, the controller (134) generates the scale service alert, thereby alerting a user to service the water heater appliance (100).”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nguyen (Wyn) Q. Ha whose telephone number is (571) 272-2863, email: nguyenq.ha@uspto.gov. The examiner can normally be reached Monday - Friday 8 am - 4:30 pm (Eastern Time).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at (571) 272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Nguyen Q. Ha/Primary Examiner, Art Unit 2853 July 25, 2026
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