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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Claim limitation “heating device” has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “device” coupled with functional language “to heat fluid in the tank” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 1, 2, 10, and 13 have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof. It is noted that claim 3 does provide enough structure to perform the claimed function. Therefore, claim 3 and any claim dependent therefrom is not being interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
Heating device → a compressor located adjacent to a lower side of the tank and configured to compress a refrigerant; a condenser connected with the compressor and configured to condense the refrigerant released from the compressor, the condenser having a shape surrounding an outer peripheral surface of the tank; an expansion valve connected with the condenser and configured to expand the refrigerant released from the condenser; and an evaporator configured to heat the refrigerant passing through the expansion valve.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
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 2-7 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.
Note that claim 2 is an apparatus claim (water heater) which contains a process step of determining by a user which of the heating device and the heater is to be operated is referred to as mode determination. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) since it is unclear whether infringement … occurs when one creates a system that allows the user to determine which mode the water heater is operating in, or whether infringement occurs when the user actually uses the input means see MPEP 2173.05(p).
Claims 3-7 are also rejected by virtue of dependency.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 10, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2010/0209084 to Nelson et al., hereinafter referred to as Nelson.
In reference to claim 1, Nelson discloses the claimed invention including:
a water heater (100), comprising:
a tank device including a tank (120), an inlet passage (112) connected with the tank and configured to introduce a fluid into the tank, and an outlet passage (114) connected with the tank and configured to release the fluid in the tank to a consumption site;
a heating device (130,108, etc) configured to heat the fluid in the tank;
a heater (122/124) attached through the tank and configured to directly heat the fluid in the tank; and
a controller (152) electrically connected with the heating device and the heater (as shown in figure 7b) and configured to control operations of the heating device and the heater,
wherein the controller:
determines a target heating temperature (T or T+5 depending on the mode), based on a target water outlet temperature (set point, T) and an operating load (high demand event as described in [0067] and flow chart 8E), wherein the target heating temperature (T or T+5) is a target temperature of the fluid in the tank (note that it is reasonable to consider a de-energization temperature as the target temperature) , the target water outlet temperature is a required water outlet temperature (set point, T), and the operating load is a load of the fluid released from the outlet passage (note that the large flow event is detected when a temperature difference of 3°F is detected at 328 see at least [0067] and the de-energization temperature changes from T to T+5);
operates at least one of the heating device or the heater (step 850, see figure 8D) when the temperature of the fluid in the tank (T2) is lower than the target heating temperature (T) by a reference temperature (30F) or more, and
stops operations of the heating device (at 858) and the heater (856) when the temperature of the fluid in the tank is lower than the target heating temperature (T) by less than the reference temperature (3F<30F) or is higher than the target heating temperature (see step 854, 856, 858)
In reference to claim 2, Nelson discloses the claimed invention including:
a step of determining, by a user, which of the heating device and the heater is to be operated is referred to as mode determination (an operator may select a mode of operation, step 802 [0058]), and
wherein the controller determines which of the heating device and the heater is to be operated, based on the operating load and the mode determination (see figures 8A-8E).
In reference to claim 10, Nelson discloses the claimed invention including:
the target heating temperature (T or T+5), has a value corresponding to the target water outlet temperature (T). Since the heaters are de-energized at the set point (T) during specific modes of operation, the target heating temperature would be (T) which corresponds to the target water outlet temperature.
In reference to claim 13, Nelson discloses the claimed invention including:
an outside-air temperature sensor (332) configured to measure the temperature of outside air outside the tank device,
wherein the controller determines the target heating temperature by additionally considering the temperature of the outside air measured by the outside-air temperature sensor [0034]. See [0034] where ambient temperature sensor is used to determine which heating elements should be energized which corresponds to a specific mode. Thus, it can be concluded that the temperature at 332 is additionally considered as determining which mode the water heater is operating will result in a specific de-energization temperature.
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.
Claims 3, 4, 8, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Nelson in view of US 5,946,927 to Dieckmann et al., hereinafter referred to as Dieckmann.
In reference to claim 3, Nelson as modified by Dieckmann discloses the claimed invention.
Nelson the heating device includes:
a compressor (130, 230, etc.) configured to compress a refrigerant;
a condenser (108, 208, etc.) connected with the compressor and configured to condense the refrigerant released from the compressor, the condenser having a shape surrounding an outer peripheral surface of the tank (as seen in figure 5a);
an expansion valve (106) connected with the condenser and configured to expand the refrigerant released from the condenser; and
an evaporator (102) configured to heat the refrigerant passing through the expansion valve.
Nelson fails to disclose the compressor located adjacent to a lower side of the tank.
Dieckmann teaches that in the art of heat pump water heaters, that arranging the compressor (50) adjacent to a lower side of the tank (42). This is strong evidence that modifying Nelson as claimed would produce predictable results (i.e. provide a water heater which is of substantially the same size and configuration as a comparable electric water heater, is provided with water and electrical connections disposed similarly to such connections in electric water heaters, and wherein the heat pump components are fully integrated with the tank, such that the heat pump water heater may readily be substituted for an electric water heater without a requirement for an installer having specialized skills for heat pump water heater installation). Accordingly, it would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed, to modify Nelson by Dieckmann such that the compressor located adjacent to a lower side of the tank, since all claimed elements were known in the art, and one having ordinary skill in the art could have modified the prior art as claimed by known methods with no changes in their respective functions and the combination would have yielded a predictable result of provide a water heater which is of substantially the same size and configuration as a comparable electric water heater, is provided with water and electrical connections disposed similarly to such connections in electric water heaters, and wherein the heat pump components are fully integrated with the tank, such that the heat pump water heater may readily be substituted for an electric water heater without a requirement for an installer having specialized skills for heat pump water heater installation.
In reference to claim 4, Nelson as modified by Dieckmann discloses the claimed invention.
an upper tank temperature sensor (328) disposed in an upper part of the tank and configured to measure the temperature of the fluid located in the upper part of the tank,
wherein the controller operates at least one of the heating device or the heater when a tank outlet temperature being a temperature of the fluid in the tank obtained by the upper tank temperature sensor is lower than the target heating temperature by the reference temperature or more. See [0059] where T2 is measured by sensor 126 and see also [0033] where sensor 328 is used instead of the tank wall sensor in other embodiments.
In reference to claim 8, Nelson as modified by Dieckmann discloses the claimed invention.
Nelson discloses a first winding area configured to surround the outer peripheral surface of the tank (see annotated reference below for the examiner's definition of the first winding area); and
a second winding area located above the first winding area and configured to surround the outer peripheral surface of the tank (see annotated reference below for the examiner's definition of the second winding area), and
wherein the heater includes:
a first heater member (524) disposed between the first winding area and the second winding area; and
a second heater member (522) disposed above the second winding area.
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In reference to claim 15, Nelson as modified by Dieckmann discloses the claimed invention.
Nelson discloses the upper tank temperature sensor (328) is located below a lower end of the outlet passage (314), see figure 3.
Claims 11, 12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Nelson in view of Dieckmann and US 2022/0018576 to Zimmer et al., hereinafter referred to as Zimmer.
In reference to claim 11, Nelson as modified by Dieckmann and Zimmer discloses the claimed invention.
Nelson fails to disclose the tank device further includes: a connecting passage configured to diverge from the inlet passage and the outlet passage and connect the inlet passage and the outlet passage to each other; and a mixing valve disposed in-line with the connecting passage and configured to adjust a flow rate of the fluid passing through the connecting passage.
Zimmer discloses that in the art of heat pump water heaters, that it is a known method to provide the water heater with a connecting passage (161, see figure 2) configured to diverge from the inlet passage (104) and the outlet passage (106) and connect the inlet passage and the outlet passage to each other; and a mixing valve (200) disposed in-line with the connecting passage (161) and configured to adjust a flow rate of the fluid passing through the connecting passage. Zimmer teaches that this method regulate a temperature of water [0047]. Accordingly, it would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed, to modify Nelson by Zimmer such that, the tank device further includes: a connecting passage configured to diverge from the inlet passage and the outlet passage and connect the inlet passage and the outlet passage to each other; and a mixing valve disposed in-line with the connecting passage and configured to adjust a flow rate of the fluid passing through the connecting passage in order to regulate a temperature of water.
In reference to claim 12, Nelson as modified by Dieckmann and Zimmer discloses the claimed invention.
Nelson teaches the target heating temperature (T+5F) has a value greater than the target water outlet temperature (T).
Zimmer teaches a controller (150) is electrically connected with the mixing valve, and wherein the controller adjusts an opening degree of the mixing valve, based on the tank outlet temperature (measured at 170) and the target water outlet temperature (set temperature) [0047]. Accordingly, when modifying Nelson by Zimmer as applied in claim 11 supra, the limitations of claim 12 would be met by the combination.
In reference to claim 14, Nelson as modified by Dieckmann and Zimmer discloses the claimed invention.
Zimmer teaches a lower tank temperature sensor (130) disposed in a lower part of the tank (112) and configured to measure the temperature of the fluid located in the lower part of the tank,
wherein the controller adjusts an opening degree of the mixing valve, further based on the temperature of the fluid obtained by the lower tank temperature sensor [0063]. Accordingly, when modifying Nelson by Zimmer as applied in claim 11 supra, the limitations of claim 14 would be met by the combination.
Allowable Subject Matter
Claims 5-7 and 9 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASSEY D BAUER whose telephone number is (571)270-7113. The examiner can normally be reached Mon-Thurs: 10AM-8PM (ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSEY D BAUER/ Primary Examiner, Art Unit 3763
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