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 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.
Claim(s) 1, 2, 4, 7-14, 17, 18, 20, and 23-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kajiyama (Japanese Patent Publication JP2012/042159A, previously cited) in view of Vaughan et al. (U.S. Patent Publication No. 2012/0279681, “Vaughan”, previously cited) in view Thielmann (U.S. Patent Publication No. 2020/0049381).
Regarding claim 1, Kajiyama discloses a heat recovery system (fig 1), the system comprising:
(i) a heat exchanger (T1) that is configured to heat water with thermal energy recovered from a wastewater stream (A), thereby obtaining heated water,
However, Kajiyama does not explicitly disclose wherein the wastewater stream is treated by a wastewater treatment system that is in fluidic communication with the heat recovery system. Vaughan, however, discloses a heat recovery system wherein a wastewater stream is treated by a wastewater treatment system that is in fluidic communication with the heat recovery system (¶0081). Vaughan teaches that this prevents the buildup of dirt or growth in the circuit (¶0081). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama to ensure that the wastewater is treated in order to ensure no build up within the circuit.
However, Kajiyama does not explicitly disclose (ii) a process control to predict a demand of a site for the heated water, wherein the process control system predicts a demand of site for the heated water, wherein the process control system predicts the demand based at least on part on real-time sensor data, wherein the real-time sensor data comprises (a) a temperature of a domestic water stream entering the site or (b) a flow rate of a domestic water stream entering the site, and
(iii) a controller is configured to control the flow rate of the wastewater through the heat recovery system based at least in part on the demand of the site for the heated water predicted in (ii).
Thielmann, however, discloses a heat recovery system (fig 1) wherein (ii) a process control to predict a demand of a site for the heated water, wherein the process control system predicts a demand of site for the heated water (¶0093), wherein the process control system predicts the demand based at least on part on real-time sensor data, wherein a real-time sensor data comprises (a) a temperature of a domestic water stream entering the site (¶0120, see ¶0093), and
(iii) a controller is configured to control a flow rate of the wastewater (via 172, ¶0078) through a heat recovery system (150) based at least in part on the demand of the site for the heated water predicted in (ii).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama to provide the real time data of Thielman in order to ensure optimal temperature of the energy loop (see ¶0093 of Thielmann).
Regarding claim 2, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. Kajiyama, as modified, further discloses wherein the wastewater is at least partially treated by the wastewater treatment system prior to entering the heat recovery system (¶0081 of Vaughn).
Regarding claim 4, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. Kajiyama, as modified, does not explicitly disclose wherein the wastewater is treated by the wastewater treatment system after exiting the heat recovery system. However, the Examiner takes Official Notice that it is old and well known for wastewater to be sent to a wastewater treatment plant in order to create potable water and it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama to have the circuit connected a wastewater treatment plant.
Regarding claim 7, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. Kajiyama further discloses wherein the device is configured to control the flow rate of the wastewater based at least in part on a temperature of the wastewater (¶0037).
Regarding claim 8, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. Kajiyama further discloses wherein the device is configured to increase the flow rate (through A) of the wastewater when the temperature of the wastewater is above a threshold value (Tth1, ¶0037).
Regarding claim 9, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. Kajiyama further discloses wherein the device is configured to decrease the flow rate (through A) of the wastewater when the temperature of the wastewater is below a threshold value (Tth1, ¶0037).
Regarding claim 10, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. Kajiyama further discloses wherein the device is configured to increase the flow rate (through A) of the wastewater through the heat recovery system when the demand for the heated water is above a threshold value (as any use of the hot water will lower the amount of sewage within tank T1 and would require a refilling of the sewage tank, see ¶0033).
Regarding claim 11, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. Kajiyama further discloses wherein the device is configured to decrease the flow rate (through A) of the wastewater through the heat recovery system when the demand for the heated water is below a threshold value (as any use of the hot water will lower the amount of sewage within tank T1 and would require a refilling of the sewage tank, see ¶0033).
Regarding claim 12, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. Kajiyama further discloses wherein the heat recovery system further comprises a wastewater holding tank (T1).
Regarding claim 13, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. Kajiyama further discloses wherein the device is configured to control the flow rate (through A) of the wastewater based at least in part on an amount of wastewater present in the wastewater holding tank (¶0033).
Regarding claim 14, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. Kajiyama further discloses wherein the device is configured to shut off when an amount of wastewater present in the wastewater holding tank is below a threshold level (¶0033).
Regarding claim 17, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations.. Kajiyama further discloses wherein the heat recovery system is located at a location that is within a source of the wastewater stream (as evident in fig 1).
Regarding claim 18, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. Kajiyama, as modified, does not explicitly disclose wherein the source is a building. Vaughan, however, teaches wherein the source is a building (20, fig 1). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama, as modified, to have the source be a building in order to provide efficient heat recovery for the building.
Regarding claim 20, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. Kajiyama, as modified, further discloses wherein at least a portion of the wastewater used by the heat recovery system is not fully treated by the wastewater treatment system (¶0081 of Vaughn).
Regarding claim 23, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. However, Kajiyama, as modified, does not explicitly disclose wherein a source of the wastewater stream is a building, and wherein the heat recovery system is located outside of the building. Thielman, however, discloses a heat recovery system (fig 1) wherein a source of the wastewater stream is a building (1), and wherein the heat recovery system (130a) is located outside of the building. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama, as modified, to provide the heat recovery system outside a building such as taught by Thielmann in order to provide ease of access to the heat recovery system.
Regarding claim 24, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. However, Kajiyama, as modified, does not explicitly disclose wherein the heat recovery system is located off-site from a source of the wastewater stream. Thielman, however, discloses a heat recovery system (130a, fig 1) which is located off-site from a source (1) of the wastewater stream. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama, as modified, to provide the heat recovery system outside a building such as taught by Thielmann in order to provide ease of access to the heat recovery system.
Regarding claim 25, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. However, Kajiyama, as modified, does not explicitly disclose wherein the process control system further predicts the demand based at least in part on historical data of water usage at the site. Thielman, however, discloses a heat recovery system (fig 1) wherein the process control system further predicts the demand based at least in part on historical data of water usage at the site (“an optimal temperature for the passive energy loop is determined by predictive analytics based on data monitored and collected from the elements that influence the selected temperature”, ¶0093). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama to provide the real time data of Thielman in order to ensure optimal temperature of the energy loop (see ¶0093 of Thielmann).
Regarding claim 26, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. However, Kajiyama, as modified, does not explicitly disclose wherein the site is a building. Thielman, however, discloses a heat recovery system (fig 1) wherein a source of the wastewater stream is a building (1), and wherein the heat recovery system (130a) is located outside of the building. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama, as modified, to have the site be a building in order to supply hot water to a building.
Claim(s) 3 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kajiyama, Vaughan, and Thielmann as applied to claims 1 and 2 above, and further in view of Anim-Mensah et al. (U.S. Patent Publication No. 2016/0081528, “Anim-Mensah”, previously cited).
Regarding claim 3, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. However, they do not explicitly disclose wherein the heat exchanger comprises a plate and frame heat exchanger. Anim-Mensah, however, discloses a plate and frame heat exchanger (fig 1A) that may exchange heat with wastewater (¶0006). Anim-Mensah teaches that the heat exchanger provides high efficiency heat exchange (¶0031). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama, as modified, to provide the heat exchanger of Anim-Mensah in order to improve heat exchange.
Regarding claim 6, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations.=. However, they do not explicitly disclose wherein the heat recovery system further comprises a screening system. Anim-Mensah, however, discloses a heat recovery system which comprises a screening system (¶0012). Anim-Mensah teaches that this allow for debris to captured (¶0012). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama, as modified, to provide screening system of Anim-Mensah in order to remove debris and thus prevent clogging.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kajiyama, Vaughan, and Thielmann as applied to claim 4 above, and further in view of Helppolainen et al. (U.S. Patent Publication No. 2021/0199389, “Helppolainen”, previously cited).
Regarding claim 5, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. However, they do not explicitly disclose wherein the heat exchanger comprises a shell and tube heat exchanger. Helppolainen, however, discloses a shell and tube heat exchanger (fig 1) that may exchange heat with wastewater (¶0002). Helppolainen teaches that the shell and tube configuration provides ease of maintenance (¶0006). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama, as modified, to provide the heat exchanger of Helppolainen in order to improve the ease of maintenance.
Claim(s) 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kajiyama, Vaughan, and Thielmann as applied to claim 1 above, and further in view of Lucas et al. (U.S. Patent Publication No. 2018/0202687, “Lucas”, previously cited)
Regarding claim 15, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. However, they do not explicitly disclose wherein the heat recovery system is contained within a complete skid mounted system. Lucas, however, discloses a heat recovery system (fig 1) which is contained within a complete skid mounted system (22, ¶0023). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama, as modified, to provide the skid of Lucas in order to allow for ease of movement of the system.
Regarding claim 16, the combination of Kajiyama, Vaughan, Thielmann and Lucas discloses all previous claim limitations. Kajiyama, as modified, further discloses wherein the complete skid mounted system is configured to be coupled to an existing wastewater treatment system (10, fig 1).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kajiyama, Vaughan, and Thielmann as applied to claim 18 above, and further in view of Ribeiro et al. (U.S. Patent Publication No. 2022/0404036, “Ribeiro”, previously cited).
Regarding claim 19, the combination of Kajiyama, Vaughan, and Thielmann discloses all previous claim limitations. However, they do not explicitly disclose wherein the heat recovery system is located in a basement of the building. Ribeiro, however discloses a heat recovery system (fig 1) which is located in the basement of a building (¶0050). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Kajiyama, as modified, to provide the heat recovery system in a basement such as taught by Ribeiro in order to allow for the system to be protected from environmental factors.
Response to Arguments
Applicant's arguments filed 10/3/2025 have been fully considered but they are not persuasive.
Applicant argues (page 6-7) that Kajiyama nor Vaughan does not teach predicting a demand for hot water based on real time sensor data as now required by claim 1. However, Thielmann is now relied upon to teach these limitations.
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.
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/HARRY E ARANT/Primary Examiner, Art Unit 3763