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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-20 in the reply filed on 9/1/2026 is acknowledged. The traversal is on the ground(s) that it is unreasonable to say that these inventions as claimed are not capable of use together or that they can have a materially different design, mode of operation, function, or effect. This is not found persuasive because 1) Group I and Group II do not overlap in scope. Claim 1 is directed to a control system communicatively coupled to the tank temperature sensor and the at least one heating unit, the control system configured to: receive a signal from the tank temperature sensor indicative of a temperature of water in the storage tank at a location of the tank temperature sensor, determine, based on the signal received from the tank temperature sensor, a need for heating, activate, in response to determining the need for heating, the at least one heating unit to draw water from the storage tank by way of the recirculation supply port, heat said water, and return said heated water to the storage tank by way of the return port, and reduce a rate at which said water is heated in response to determining that a first criterion and a second criterion have been met whereas Claim 21 is directed to the electronic controller configured to: receive a signal from the tank temperature sensor, the tank temperature sensor positioned at a vertical location in a tank, determine, based on the signal, whether a fluid temperature at the vertical location transitions from a first temperature region to a second temperature region, wherein a temperature of the first region is greater than a temperature of the second temperature region, the first temperature region is separated from the second temperature region by a thermocline, and the electronic controller is configured to determine that the fluid temperature at the vertical location transitioned from the first temperature region to the second temperature region by detecting the thermocline passing over the tank temperature sensor; Andin response to determining that the fluid temperature at the vertical location transitioned from the first temperature region to the second temperature region, command one or more heater units to begin a draw demand response. Claim 4 together with Claim 1 does not overlap in scope with Claim 21.
Second, the claims are patentably distinct from one another. As provided above, Claim 1 is directed to a control system communicatively coupled to the tank temperature sensor and the at least one heating unit, the control system configured to: receive a signal from the tank temperature sensor indicative of a temperature of water in the storage tank at a location of the tank temperature sensor, determine, based on the signal received from the tank temperature sensor, a need for heating, activate, in response to determining the need for heating, the at least one heating unit to draw water from the storage tank by way of the recirculation supply port, heat said water, and return said heated water to the storage tank by way of the return port, and reduce a rate at which said water is heated in response to determining that a first criterion and a second criterion have been met whereas Claim 21 is directed to the electronic controller configured to: receive a signal from the tank temperature sensor, the tank temperature sensor positioned at a vertical location in a tank, determine, based on the signal, whether a fluid temperature at the vertical location transitions from a first temperature region to a second temperature region, wherein a temperature of the first region is greater than a temperature of the second temperature region, the first temperature region is separated from the second temperature region by a thermocline, and the electronic controller is configured to determine that the fluid temperature at the vertical location transitioned from the first temperature region to the second temperature region by detecting the thermocline passing over the tank temperature sensor; Andin response to determining that the fluid temperature at the vertical location transitioned from the first temperature region to the second temperature region, command one or more heater units to begin a draw demand response. Claim 4 together with Claim 1 are not the same invention with Claim 21.
Finally, the claims are directed to a different mode of operation. As provided above, Claim 1 is directed to a control system communicatively coupled to the tank temperature sensor and the at least one heating unit, the control system configured to: receive a signal from the tank temperature sensor indicative of a temperature of water in the storage tank at a location of the tank temperature sensor, determine, based on the signal received from the tank temperature sensor, a need for heating, activate, in response to determining the need for heating, the at least one heating unit to draw water from the storage tank by way of the recirculation supply port, heat said water, and return said heated water to the storage tank by way of the return port, and reduce a rate at which said water is heated in response to determining that a first criterion and a second criterion have been met whereas Claim 21 is directed to the electronic controller configured to: receive a signal from the tank temperature sensor, the tank temperature sensor positioned at a vertical location in a tank, determine, based on the signal, whether a fluid temperature at the vertical location transitions from a first temperature region to a second temperature region, wherein a temperature of the first region is greater than a temperature of the second temperature region, the first temperature region is separated from the second temperature region by a thermocline, and the electronic controller is configured to determine that the fluid temperature at the vertical location transitioned from the first temperature region to the second temperature region by detecting the thermocline passing over the tank temperature sensor; and in response to determining that the fluid temperature at the vertical location transitioned from the first temperature region to the second temperature region, command one or more heater units to begin a draw demand response. Claim 4 together with Claim 1 are not the same mode of operation as recited in Claim 21.
Additionally, (a) the inventions have acquired a separate status in the art in view of their different classification; (b) the inventions have acquired a separate status in the art due to their recognized divergent subject matter; (c) the inventions require a different field of search (for example, searching different classes/subclasses or electronic resources, or employing different search queries);(d) the prior art application to one invention would not likely be applicable to another invention.
The requirement is still deemed proper and is therefore made FINAL.
Claims 21-40 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 9/1/2026.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/19/2025 and 9/29/2025 was filed after the mailing date of the application on 10/2/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knoblett et al (U 20200393164) in view of Konowalczyk (US 20240093885).
Regarding clam 1, Knoblett teaches a water heating system (200) comprising: a storage tank (101) having a recirculation supply port (annotated fig. below), a return port (annotated fig. below) arranged above the recirculation supply port (fig. 2) in a vertical direction (fig. 2), and a tank temperature sensor (142) arranged between the recirculation supply port and the return port in the vertical direction (fig. 2); at least one heating unit (202) having a water inlet port (annotated fig. below) and a water outlet port (annotated fig. below), the water inlet port being fluidly coupled to the recirculation supply port (fig. 2) and the water outlet port being fluidly coupled to the return port (fig. 2); and a control system (140) communicatively coupled to the tank temperature sensor (dashed line from 142 to 140) and the at least one heating unit (136), the control system configured to: receive a signal (input, paragraph 0052) from the tank temperature sensor indicative of a temperature (temperature sensor measurement, paragraph 0052) of water in the storage tank at a location of the tank temperature sensor (paragraph 0052), determine, based on the signal received from the tank temperature sensor, a need for heating (difference in temperature, paragraph 0063), activate, in response to determining the need for heating, the at least one heating unit to draw water from the storage tank by way of the recirculation supply port (paragraph 0063), heat said water, and return said heated water to the storage tank by way of the return port (paragraph 0063) but fails to explicitly teach reduce a rate at which said water is heated in response to determining that a first criterion and a second criterion have been met.
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However, Konowalczyk teaches reduce a rate (s2206) at which said water is heated in response to determining that a first criterion (T) and a second criterion (T3) have been met (paragraph 0067) to provide a reduced temperature water supply mode (or budget) for the reduction of water and/or energy flow waste to water outlets, in a water provision system to conserve water and/or energy.
Therefore, it would have been obvious to a person skilled in the art before the effective filing date to modify the water heating system of Knoblett to include reduce a rate at which said water is heated in response to determining that a first criterion and a second criterion have been met in view of the teachings of Konowalczyk to provide a reduced temperature water supply mode (or budget) for the reduction of water and/or energy flow waste to water outlets, in a water provision system to conserve water and/or energy.
Regarding claim 2, the combined teachings teach reducing the rate at which said water is heated comprises stopping operation of the at least one heating unit (stop 134, paragraph 0063 of Knoblett).
Regarding claim 3, the combined teachings teach the at least one heating unit is a
heat pump heating unit (140 of Konowalczyk).
Regarding claim 4, the combined teachings teach the control system is configured to determine that the need for heating is caused by one of a draw demand (a draw demand, paragraph 0064 of Knoblett).
Regarding claim 5, the combined teachings teach the at least one heating unit includes an inlet water temperature sensor (sensor configured to measure a temperature of hot water supplied to the recirculation water inlet, paragraph 0012 of Knoblett) arranged to measure a temperature of water entering the water inlet port (paragraph 0012 of Knoblett) and an outlet water temperature sensor (temperature sensor positioned at outlet of 202, paragraph 0052 of Knoblett) arranged to measure a temperature of water exiting the water outlet port (paragraph 0052 of Knoblett), the inlet water temperature sensor and the outlet water temperature sensor being communicatively coupled to the control system (paragraph 0012, 0052, 0063 of Knoblett), and wherein the control system is configured to determine that the first criterion and the second criterion have been met based on signals received from the inlet water temperature sensor and the outlet water temperature sensor (paragraph 0012, 0052, 0063 of Knoblett, fig. 2-3, paragraph 0067 of Konowalczyk).
Regarding claim 6, the combined teachings teach the control system is configured to determine that one of the first and second criterion have been met by comparing the temperature of water exiting the water outlet port to a predetermined temperature limit (136, paragraph 0063 of Knoblett).
Regarding claim 7, the combined teachings teach the control system is configured to determine that the other of the first and second criterion has been met by comparing the temperature of water entering the water inlet port to a predetermined temperature limit (paragraph 0012, 0052, 0063 of Knoblett, fig. 2-3, paragraph 0067 of Konowalczyk).
Regarding claim 8, the combined teachings teach the at least one heating unit is one of a plurality of such heating units (700 of Knoblett) connected fluidly in parallel with one another to the recirculation supply port and the water outlet port (fig. 7 of Knoblett), and wherein the control system is configured to determine which one of the plurality of heating units to activate in response to determining the need for heating (paragraph 0073-0090 of Knoblett).
Regarding claim 9, the combined teachings teach after activating one of the plurality of heating units in response to determining the need for heating, the control system is further configured to: receive temperature signals from the tank temperature sensor over a period of time (fig. 5 of Knoblett, figs. 2-3 of Konowalczyk); determine, based on said temperature signals, that an increased rate of heating is desired; and increase the rate of heating by the plurality of heating units in response to determining that the increased rate of heating is desired (paragraph 0073-0090, fig. 5 of Knoblett, figs. 2-3 of Konowalczyk).
Regarding claim 10, the combined teachings teach the control system is configured to increase the rate of heating by activating another one of the plurality of heating units to draw water from the storage tank by way of the recirculation supply port, heat said water, and return said heated water to the storage tank by way of the return port (paragraph 0063, 0073-0090, fig. 5, 7 of Knoblett, figs. 2-3 of Konowalczyk).
Regarding claim 11, the combined teachings teach the control system is configured to determine that an increased rate of heating is desired at least in part by determining that a temperature change of water at the location of the tank temperature sensor over the period of time is below a threshold (paragraph 0063, 0073-0090, fig. 5, 7 of Knoblett, figs. 2-3 of Konowalczyk).
Regarding claims 12-20, it is noted that although the preamble of the claims is directed towards a method, the structure of the combined teachings disclose all the structure being provided in the method steps, thus the method is also anticipated 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH J MARTIN whose telephone number is (571)270-3840. The examiner can normally be reached 8:30-3:00 CT pm M-F.
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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.
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/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763
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