Prosecution Insights
Last updated: April 19, 2026
Application No. 19/293,688

INTEGRATED SYSTEM FOR HEATING WATER

Non-Final OA §103
Filed
Aug 07, 2025
Examiner
DEEAN, DEEPAK A
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Carnot Labs Inc.
OA Round
1 (Non-Final)
49%
Grant Probability
Moderate
1-2
OA Rounds
3y 9m
To Grant
92%
With Interview

Examiner Intelligence

Grants 49% of resolved cases
49%
Career Allow Rate
198 granted / 406 resolved
-21.2% vs TC avg
Strong +43% interview lift
Without
With
+42.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
22 currently pending
Career history
428
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
44.3%
+4.3% vs TC avg
§102
22.5%
-17.5% vs TC avg
§112
28.3%
-11.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 406 resolved cases

Office Action

§103
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, 12, 15, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura US20240167728A1. Regarding claim 1, Nishimura US20240167728A1discloses a method comprising: during a first time period: predicting a first estimated time until a first hot water consumption event within a building (¶8, Nishimura calculates a predicted heat amount for unit time periods, ¶47); accessing a first water temperature of water stored in a water tank of a water heater supplying hot water to the building (Nishimura ¶34, tank 30); accessing a target supply temperature for water supplied to the building by the water heater (¶36, hot water supply setting temperature); estimating a first heating duration to heat water stored in the water tank to a temperature based on a temperature difference (Nishimura ¶57, for a given time period the heat pump is controlled to store an amount of heat corresponding to the predicted demand); in response to the first estimated time approaching the first heating duration, triggering a heat pump, arranged within the water heater, to heat water stored in the water tank toward the target supply temperature (Nishimura ¶57, for a given time period the heat pump is controlled to store an amount of heat corresponding to the predicted demand); and at the water heater, supplying hot water, proximal the target supply temperature and stored in the water tank, to the building during the first hot water consumption event (¶29, ¶32, during routine operation of the device, the step of supplying hot water from the tank to the building for consumption would necessarily occur in accordance with these predicted time periods); and during a second time period: predicting a second null hot water consumption window within the building (¶8, Nishimura calculates a predicted heat amount for unit time periods, ¶47, particularly contemplating the case where less heat is needed); and during the second null hot water consumption window: triggering the heat pump to maintain water stored in the water tank proximal a nominal temperature (Nishimura, Claim 1 teaches determining the optimal stored heat amount for a given time period and controlling the heat pump to reach that said stored heat amount); and at the water heater, in response to flow of water from the water heater: triggering an inline heater, interposed between the water tank and an outlet of the water heater, to heat water exiting the water tank toward the target supply temperature (Nishimura ¶64, auxiliary heater 31 is trigger at times when there is insufficient hot water storage). Nishimura does not expressly disclose During the first time period estimating a first heating duration to heat water stored in the water tank to the target supply temperature; and During the second time period the nominal temperature is less than the target supply temperature. Nishimura teaches a plurality of predetermined periods (¶47) and for each time period predicting demand and determining and optimal stored hot water heat amount (¶48). Routine operation of the system and method of Nishimura would necessarily include periods of varied demand. Nishimura Fig. 3, ¶88-¶92 teaches optimizing the amount of heat stored for each time period (abstract), accessing the temperature of the tank and controlling the heat pump to store the optimal amount of heat (¶93).The temperature of the tank directly correspond to the amount of heat stored. Nishimura, Claim 1 teaches determining the optimal stored heat amount for a given time period and controlling the heat pump to reach said stored heat amount in order to minimize losses. The temperature of the water in the tank directly corresponds to the amount of heat stored. Thus, the temperature to which the stored water is controlled is a results effective variable which varies the amount of heat stored and corresponding losses. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art method to utilize the claimed temperatures since doing so amounts to a routine optimization of a result effective variable, taught by Nishimura, with the known predictable result of varying the amount of heat stored and corresponding losses. Regarding claim 2, Nishimura teaches the method of Claim 1, further comprising, during a third time period: predicting a third estimated time until a third hot water consumption event within the building (¶8, Nishimura calculates a predicted heat amount for unit time periods, ¶47); accessing a third water temperature of water stored in the water tank (Nishimura ¶34); at a mixing valve arranged within the water heater (Nishimura, mixing valve 44), in response to flow of water from the water heater during the third hot water consumption event: combining cold water with hot water, exiting the water tank proximal the target holding temperature, to cool water exiting the water heater to the target supply temperature (¶29, ¶31). Nishimura does not expressly disclose during a third time period accessing a target holding temperature, exceeding the target supply temperature, for maintaining water stored within the water tank; estimating a third heating duration to heat water stored in the water tank to the target holding temperature based on a third difference between the third water temperature and the target holding temperature; in response to the third estimated time approaching the third heating duration, triggering the heat pump to heat water stored in the water tank toward the target holding temperature; and Nishimura teaches a plurality of predetermined periods (¶47) and for each time period predicting demand and determining and optimal stored hot water heat amount (¶48). Routine operation of the system and method of Nishimura would necessarily include periods of high demand. Nishimura Fig. 3, ¶88-¶92 teaches optimizing the amount of heat stored for each time period (abstract), accessing the temperature of the tank and controlling the heat pump to store the optimal amount of heat (¶93).The temperature of the tank directly correspond to the amount of heat stored. Nishimura establishes that the temperature of the tank, or amount of heat stored, is a results effective variable and teaches optimizing the results effective variable to meet demand and minimize costs. One of ordinary skill in the art would recognize that in time periods where demand is high, meeting demand would require higher temperature water. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art method to utilizes the claimed temperature since doing so amounts to a routine optimization of a result effective variable, taught by Nishimura, with the known predictable result of varying the amount of heat stored and corresponding losses. Regarding claim 12, the modified Nishimura teaches the method of Claim 1, further comprising: detecting flow of water from the water heater during the second null hot water consumption window (Nishimura ¶64); Nishimura does not expressly disclose in response to detecting flow of water from the water heater during the second null hot water consumption window, generating a prediction for a third hot water consumption event within the building; triggering the heat pump to heat water stored in the water tank toward the target supply temperature during a third heating duration preceding the third hot water consumption event; and at the water heater, supplying hot water, proximal the target supply temperature and stored in the water tank, to the building during the third hot water consumption event. Nishimura teaches accumulating and updating time-series data of hot water consumption (¶49), and varying or adjusting the data accumulation to suit a user (¶50, ¶51) and utilizing that data to predict hot water events (Fig. 3). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify Nishimura’s data accumulation and prediction method to meet the claimed subject matter since doing so would accommodate changes in users or user needs. Regarding claim 15, Nishimura US20240167728A1 teaches a method comprising: during a first time period: predicting a first estimated time until a first hot water consumption event within a building (¶8, Nishimura calculates a predicted heat amount for unit time periods, ¶47); accessing a first water temperature of water stored in a water tank of a water heater supplying hot water to the building (Nishimura ¶34, tank 30); accessing a target supply temperature for water supplied to the building by the water heater (¶36, hot water supply setting temperature); estimating a first heating duration to heat water stored in the water tank to the target holding temperature based on a first difference between the first water temperature and a target temperature (Nishimura ¶57, for a given time period the heat pump is controlled to store an amount of heat corresponding to the predicted demand); in response to the first estimated time approaching the first heating duration, triggering a heat pump, arranged within the water heater, to heat water stored in the water tank toward the target holding temperature (Nishimura ¶57, for a given time period the heat pump is controlled to store an a mount of heat corresponding to the predicted demand); and at a mixing valve arranged within the water heater (Nishimura, mixing valve 44): in response to flow of water from the water heater during the first hot water consumption event: combining cold water with hot water, exiting the water tank proximal the target holding temperature, to cool water exiting the water heater toward the target supply temperature (¶29, ¶31).; and during a second time period: predicting a second null hot water consumption window within the building (¶8, Nishimura calculates a predicted heat amount for unit time periods, ¶47, particularly contemplating the case where less heat is needed); and during the second null hot water consumption window: triggering the heat pump to maintain water stored in the water tank proximal a nominal temperature (Nishimura, Claim 1 teaches determining the optimal stored heat amount for a given time period and controlling the heat pump to reach that said stored heat amount); and at the water heater, in response to flow of water from the water heater: triggering an inline heater, interposed between the water tank and an outlet of the water heater, to heat water exiting the water tank toward the target supply temperature (Nishimura ¶64, auxiliary heater 31 is trigger at times when there is insufficient hot water storage). Nishimura does not expressly disclose During the first time period During the first time period accessing a target holding temperature, exceeding the target supply temperature, for maintaining water stored within the water tank; and During the second time period the nominal temperature is less than the target supply temperature. Nishimura teaches a plurality of predetermined periods (¶47) and for each time period predicting demand and determining and optimal stored hot water heat amount (¶48). Routine operation of the system and method of Nishimura would necessarily include periods of high demand. Nishimura Fig. 3, ¶88-¶92 teaches optimizing the amount of heat stored for each time period (abstract), accessing the temperature of the tank and controlling the heat pump to store the optimal amount of heat (¶93).The temperature of the tank directly correspond to the amount of heat stored. Nishimura, Claim 1 teaches determining the optimal stored heat amount for a given time period and controlling the heat pump to reach said stored heat amount in order to minimize losses. The temperature of the water in the tank directly corresponds to the amount of heat stored. Thus, the temperature to which the stored water is controlled is a results effective variable which varies the amount of heat stored and corresponding losses. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art method to utilize the claimed temperatures since doing so amounts to a routine optimization of a result effective variable, taught by Nishimura, with the known predictable result of varying the amount of heat stored and corresponding losses. Regarding claim 20, Nishimura US20240167728A1 teaches a method comprising: during a first time period: predicting a first hot water consumption event within a building (¶8, Nishimura calculates a predicted heat amount for unit time periods, ¶47); accessing a target supply temperature for water supplied to a building by a water heater (Nishimura ¶34, tank 30); triggering a heating element arranged within the water heater to heat water, stored in a water tank of the water heater, toward the target supply temperature during a first heating duration preceding the first hot water consumption event (Nishimura ¶57, for a given time period the heat pump is controlled to store an amount of heat corresponding to the predicted demand); and at the water heater, supplying hot water, proximal the target supply temperature and stored in the water tank, to the building during the first hot water consumption event (¶29, ¶32, during routine operation of the device, the step of supplying hot water from the tank to the building for consumption would necessarily occur in accordance with these predicted time periods); and during a second time period: predicting a second null hot water consumption window within the building (¶8, Nishimura calculates a predicted heat amount for unit time periods, ¶47, particularly contemplating the case where less heat is needed); and during the second null hot water consumption window: triggering the heating element to maintain water stored in the water tank proximal a holding temperature (Nishimura, Claim 1 teaches determining the optimal stored heat amount for a given time period and controlling the heat pump to reach that said stored heat amount); and at the water heater, in response to detecting flow of water from the water heater: triggering an inline heater, arranged within the water heater, to heat water exiting the water tank toward the target supply temperature (Nishimura ¶64, auxiliary heater 31 is trigger at times when there is insufficient hot water storage). Nishimura does not expressly disclose the holding temperature less than the target supply temperature Nishimura, Claim 1 teaches determining the optimal stored heat amount for a given time period and controlling the heat pump to reach said stored heat amount in order to minimize losses. The temperature of the water in the tank directly corresponds to the amount of heat stored. Thus, the temperature to which the stored water is controlled is a results effective variable which varies the amount of heat stored and corresponding losses. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art method to utilizes the claimed temperatures since doing so amounts to a routine optimization of a result effective variable, taught by Nishimura, with the known predictable result of varying the amount of heat stored and corresponding losses. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura US20240167728A1 in view of Malky US20160187894. Regarding claim 3, Nishimura does not expressly disclose the method of Claim 1, further comprising: during an initial time period preceding the first hot water consumption event: at a first time during the initial time period: triggering a recirculation pump arranged within the water heater to: draw cooled water from the building to the water tank; and supply water, proximal the target supply temperature, to the building; at a second time, following the first time, during the initial time period: detecting a second water temperature of water, drawn to the water tank by the recirculation pump, proximal the target supply temperature; and deriving a recirculation duration for the recirculation pump to purge cooled water from the building based on a difference between the first time and the second time; triggering the recirculation pump to purge cooled water from the building during the recirculation duration to supply water, proximal the target supply temperature, to the building prior to the first hot water consumption event; and deactivating the recirculation pump. Malky US20160187894 teaches a method for controlling hot water systems wherein a hot water recirculation pump is activated for particular time periods thereby purging cold water from the pipes and improving user comfort prior to the first hot water consumption event and deactivating the pump when hot water consumption is low (¶101). Nishimura predicts a hot water demand for unit time periods (¶8). Nishimura predicts high demand and low demand time periods. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify Nishimura with the method of triggering a recirculation pump prior the high demand period and deactivating the recirculation pump during low demand periods, as taught by Malky, since doing so amounts to a known technique for improving hot water systems with the known predictable result ensuring hot water reaches users in a timely fashion. Claim(s) 4, 11, 14, 17, 18, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura US20240167728A1 in view of Branecky US20230011737. Regarding claim 4, Nishimura teaches the method of Claim 1, further comprising, during a third time period: predicting a third hot water consumption event within the building a (¶8, Nishimura calculates a predicted heat amount for unit time periods, ¶47); during the third hot water consumption event: at the water heater, in response to flow of water from the water heater: triggering the inline heater to heat water exiting the water tank toward the target supply temperature (Nishimura ¶64, auxiliary heater 31 is trigger at times when there is insufficient hot water storage). Nishimura does not expressly disclose predicting a third hot water consumption volume during the third hot water consumption event, and in response to the third hot water consumption volume falling below a threshold volume, setting a target holding temperature, less than the target supply temperature, for the heat pump to maintain water stored in the water tank during a third null hot water consumption window preceding the third hot water consumption event. Branecky US20230011737 teaches a method for determining optimal operation of a water heater comprising predicting volumetric flow rate of water based on historical data (¶7, ¶14). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art method to utilize flow rates for predicting demand, as taught by Branecky, since doing so amounts to a known technique for predicting hot water demand in the art with known predictable results. Nishimura teaches a plurality of predetermined periods (¶47) and for each time period predicting demand and determining and optimal stored hot water heat amount (¶48). Routine operation of the system and method of Nishimura would necessarily include periods of low demand. Nishimura Fig. 3, ¶88-¶92 teaches optimizing the amount of heat stored for each time period (abstract), accessing the temperature of the tank and controlling the heat pump to store the optimal amount of heat (¶93).The temperature of the tank directly correspond to the amount of heat stored. Nishimura, Claim 1 teaches determining the optimal stored heat amount for a given time period and controlling the heat pump to reach said stored heat amount in order to minimize losses. The temperature of the water in the tank directly corresponds to the amount of heat stored. Thus, the temperature to which the stored water is controlled is a results effective variable which varies the amount of heat stored and corresponding losses. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art method to utilize the claimed temperatures since doing so amounts to a routine optimization of a result effective variable, taught by Nishimura, with the known predictable result of varying the amount of heat stored and corresponding losses. Regarding claim 11, Nishimura teaches the method of Claim 1: further comprising: accessing a set of historical flow data representing demand from the water heater to the building during an initial time period preceding the first time period (¶49, ¶50; and generating a set of demand templates based on the set of historical data, each demand template representing water consumption within the building during a time window (¶52, ¶53); and wherein predicting the first estimated time until the first hot water consumption event comprises: accessing a first set of data representing demand from the water heater to the building during a current time window preceding the first hot water consumption event (¶40, Nishimura is looks at the current time period and the future time period); selecting a first demand template, in the set of demand templates: representing a first set of historical corresponding to the first set of current data (¶49, ¶50, ¶40, Nishimura is looks at the current time period and the future time period); and representing a historical time window corresponding to the current time window (¶49, ¶50, ¶40, Nishimura is looks at the current time period and the future time period); and predicting the first hot water consumption event based on the first demand template representing water consumption coinciding with the first hot water consumption event (Fig. 3). Nishimura does not expressly disclose wherein the historical data is flowrate data. Branecky US20230011737 teaches a method for determining optimal operation of a water heater comprising predicting volumetric flow rate of water based on historical flow rate data (¶7, ¶14). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art method to utilize flow rates for predicting demand, as taught by Branecky, since doing so amounts to a known technique for predicting hot water demand in the art with known predictable results. Regarding claim 14, the modified Nishimura teaches the method of Claim 1: wherein triggering the heat pump to heat water stored in the water tank toward the target supply temperature during the first time period comprises: triggering the heat pump to heat water stored in the water tank prior to the first hot water consumption event by at least the first heating duration (Nishimura ¶40). Nishimura does not expressly disclose wherein predicting the first estimated time until the first hot water consumption event comprises: accessing a set of historical flow rate data representing flow rates of water from the water heater to the building; calculating an average hot water consumption volume during historical time windows coinciding with the first hot water consumption event based on the set of historical flow rate data; and in response to the average hot water consumption volume exceeding a threshold volume, predicting the first hot water consumption event; and Branecky US20230011737 teaches a method for determining optimal operation of a water heater comprising predicting volumetric flow rate of water based on historical data (¶7, ¶14). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art method to utilize flow rates for predicting demand, as taught by Branecky, since doing so amounts to a known technique for predicting hot water demand in the art with known predictable results. Regarding claim 17, the modified Nishimura teaches the method of Claim 15: further comprising: accessing a first air temperature of air supplied to the heat pump (¶27); calculating a minimum water temperature for water stored in the water tank based on a function relating: the target holding temperature (¶75); the first air temperature (¶75); and during an initial time period preceding the first hot water consumption event by more than first heating duration: triggering the heat pump to maintain water in the water tank proximal the minimum water temperature (Claim 1, Nishimura controls the heat source based on the determined optimal heat amount for the unit time period). Nishimura does not expressly disclose wherein estimating the first heating duration comprises estimating a fixed target heating duration to heat water stored in the water tank to the target supply temperature; and considering the fixed target heating duration; and a total volume of the water tank. Branecky US20230011737 teaches a method for determining optimal operation of a water heater comprising determining a fixed heating duration considering a total volume of the tank (¶53). One of ordinary skill in the art would recognize that larger volumes of water require more heat to reach a target temperature. Branecky teaches that such considerations optimize for variability in utility costs and hot water demand (¶3, ¶4) It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art method to consider the total volume of the water tank and fixed heating duration, as taught by Branecky, since doing so amounts to a known technique for determining operating parameters for a water heater in the art with known predictable results. Regarding claim 18, the modified Nishimura teaches the method of Claim 15: further comprising, during the first time period: accessing a first air temperature of air supplied to the heat pump (¶27); and wherein estimating the first heating duration to heat water stored in the water tank to the target holding temperature comprises: estimating the first heating duration to heat water stored in the water tank to the target holding temperature based on a function relating: the first difference between the first water temperature and the target holding temperature (¶75); the first air temperature (¶75). Nishimura does not expressly disclose the estimating a heating duration including a total volume of the water tank. Branecky US20230011737 teaches in the field of hot water heaters it is known to consider the volume of the tank in determining the time required to heat the tank and whether the heat source can meet the demand (¶53). One of ordinary skill in the art would recognize that larger volumes of water require more heat to reach a target temperature. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art method to consider the total volume of the water tan, as taught by Branecky, since doing so amounts to a known technique for determining operating parameters for a water heater in the art with known predictable results. Regarding claim 19, Nishimura does not expressly disclose the method of Claim 15, further comprising: during the first time period: predicting a first hot water consumption volume during the first hot water consumption event (¶8, Nishimura calculates a predicted heat amount for unit time periods, ¶47); and in response to the first hot water consumption volume falling below a total volume of the water tank, setting the target holding temperature at the target supply temperature; and during a third time period: predicting a third hot water consumption event within the building and a third hot water consumption volume during the third hot water consumption event; and in response to the third hot water consumption volume exceeding the total volume of the water tank, setting the target holding temperature exceeding the target supply temperature proportional a volume difference between the total volume of the water tank and the third hot water consumption volume. Nishimura teaches a plurality of predetermined periods (¶47) and for each time period predicting demand and determining and optimal stored hot water heat amount (¶48). Routine operation of the system and method of Nishimura would necessarily include periods of high demand. Examiner’s interpretation is that the claimed first, second, and third time periods correspond to periods of moderate demand, low demand, and high demand. Nishimura Fig. 3, ¶88-¶92 teaches optimizing the amount of heat stored for each time period (abstract), accessing the temperature of the tank and controlling the heat pump to store the optimal amount of heat (¶93).The temperature of the tank directly correspond to the amount of heat stored. Nishimura establishes that the temperature of the tank, or amount of heat stored, is a results effective variable and teaches optimizing the results effective variable to meet demand and minimize costs. One of ordinary skill in the art would recognize that in time periods where demand is high, meeting demand would require higher temperature water. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art method to utilizes the claimed temperature since doing so amounts to a routine optimization of a result effective variable, taught by Nishimura, with the known predictable result of varying the amount of heat stored and corresponding losses. Branecky US20230011737 teaches a method for determining optimal operation of a water heater comprising predicting volumetric flow rate of water (¶7) and determining a heating duration considering a total volume of the tank (¶53). One of ordinary skill in the art would recognize that larger volumes of water require more heat to reach a target temperature. Branecky teaches that such considerations optimize for variability in utility costs and hot water demand (¶3, ¶4) It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art method to consider the volume of consumption and volume of the tank, as taught by Branecky, since doing so amounts to a known technique for determining operating parameters for a water heater in the art with known predictable results. Claim(s) 5, 6, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura US20240167728A1 in view of XU US20210207848 Regarding claim 5, Nishimura further teaches the method of Claim 1, further comprising, during a third time period: predicting a third estimated time until a third hot water consumption event within the building (¶8, Nishimura calculates a predicted heat amount for unit time periods, ¶47); accessing a third water temperature of water stored in the water tank (Nishimura ¶34); estimating a third heating duration to heat water stored in the water tank to the temperature based on a third difference between the third water temperature and the temperature (Nishimura ¶57, for a given time period the heat pump is controlled to store an amount of heat corresponding to the predicted demand); and scheduling activation of the heat pump to heat water stored in the water tank to the temperature prior to the third hot water consumption event by the third heating duration (¶40, Claim 1). Nishimura does not expressly teach a sterilization temperature and accessing a sterilization hold duration for maintaining water stored in the water tank at a sterilization temperature greater than the target supply temperature; XU US20210207848 teaches a heat pump hot water heater wherein periodically the water heater is operated in a sterilization mode for a period thereby killing harmful bacteria (¶52). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art method with a sterilization operation as taught by Xu, since doing so would remove harmful bacteria. Regarding claim 6, the previously combined references teach the method of Claim 5, further comprising, during the third time period: in response to the third estimated time approaching the third heating duration, triggering the heat pump to heat water stored in the water tank toward the sterilization temperature (Nishimura ¶40, claim 1; see Xu above regarding temperature); and at a mixing valve arranged within the water heater (Nishimura, mixing valve 44), in response to flow of water from the water heater during the third heating duration: combining cold water with hot water, exiting the water tank proximal the sterilization temperature, to cool water exiting the water heater to the target supply temperature (Nishimura, ¶29, ¶31). Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura US20240167728A1 in view of Winterholler US20200158595 Regarding claim 7, Nishimura does not expressly disclose the method of Claim 1, further comprising, during a third time period: predicting a third null hot water consumption window within the building; and during the third null hot water consumption window: triggering a shutoff valve, arranged upstream of the water tank, to close to interrupt flow of cold water from the building to the water tank; detecting a first water pressure in a first hot water supply line within the building at a first time during the third null hot water consumption window; detecting a second water pressure within the first hot water supply line at a second time during the third null hot water consumption window; in response to the second water pressure falling below the first water pressure, interpreting a water leak within the first hot water supply line; and in response to interpreting the water leak: generating an alert indicating the water leak within the building; and serving the alert to a user. Winterholler US20200158595 teaches a leak detection method in a water pipe system comprising a test mode which occurs when no water withdrawals are expected (¶12) with the steps of triggering a shutoff valve to close to interrupt flow of cold water from the building to the water tank (¶11, ¶12); detecting a first water pressure in a first hot water supply line within the building at a first time during the third null hot water consumption window (¶11, ¶12); ` detecting a second water pressure within the first hot water supply line at a second time during the third null hot water consumption window(¶11, ¶12); in response to the second water pressure falling below the first water pressure, interpreting a water leak within the first hot water supply line(¶11, ¶12); and in response to interpreting the water leak: generating an alert indicating the water leak within the building (¶8, leakage indication signal); and serving the alert to a user (¶31, output means 40). Winterholler teaches that such a method provides detection and location of a leak (abstract). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with the method of leak detection taught by Winterholler since doing so amounts to a known technique for improving similar devices with the known predictable result of detecting leaks. Claim(s) 8, 9, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura US20240167728A1 in view of Nelson US2010026869 Regarding claim 8, Nishimura teaches the method of Claim 1, further comprising, during the first hot water consumption event: at a first time, accessing a second water temperature of water stored in the water tank; in response to the second water temperature falling below the target supply temperature by greater than a second difference: triggering a set of resistive heaters, arranged within the water tank, to heat water stored in the water tank toward the target supply temperature; at a second time succeeding the first time, accessing a third water temperature of water stored in the water tank; and in response to the third water temperature falling below the target supply temperature by greater than a third difference: triggering the inline heater to heat water exiting the water tank toward the target supply temperature. Nelson US2010026869 teaches a heat pump water heater control wherein the water heater comprises electric resistance heaters (¶44, claim 2) and in periods of high demand operating the heating elements (¶50). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with electric resistance heaters, as taught by Nelson, since doing so is a known technique for improving similar devices in the art with the known predictable result of accommodating high demand. Regarding claim 9, Nishimura teaches the method of Claim 1, further comprising, during a third time period: predicting a third estimated time until a third hot water consumption event within the building (¶8, Nishimura calculates a predicted heat amount for unit time periods, ¶47); accessing a third water temperature of water stored in the water tank (Nishimura ¶34, tank 30); accessing a third air temperature of ambient air proximal the water heater (Nishimura ¶27); at the water heater, supplying hot water, proximal the target supply temperature and stored in the water tank, to the building during the third hot water consumption event (¶29, ¶32, during routine operation of the device, the step of supplying hot water from the tank to the building for consumption would necessarily occur in accordance with these predicted time periods). Nishimura does not expressly disclose in response to the third air temperature falling below a minimum heat pump operating temperature, estimating a third heating duration to heat water stored in the water tank via a set of resistive heaters, arranged within the water heater, based on a third difference between the third water temperature and the target supply temperature; in response to the third estimated time approaching the third heating duration, triggering the set of resistive heaters to heat water stored in the water tank toward the target supply temperature; and Nelson US2010026869 teaches a heat pump water heater control wherein the water heater comprises electric resistance heaters (¶44, claim 2) and when the ambient temperature drops below a setpoint the heat pump is deactivated and the electric resistance heaters are used to heat water (Claim 2, ¶44). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art method to utilize resistance heaters when the ambient temperature is low, as taught by Nelson, since doing would avoid fault or poor function of the heat pump. Nishimura teaches determining operating parameters based in part on the type of energy consumed and energy efficiency of the heat source (¶75, ¶77). Thus, it would naturally flow from the teachings of Nishimura to estimate heating from the additional heat source of Nelson as the electric resistance heater would have a different efficiency and associated energy costs. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the combined references to , estimate a third heating duration to heat water stored in the water tank via a set of resistive heaters since doing so would allow the optimization method of Nishimura to optimize the operation of the device. Regarding claim 16, the modified Nishimura teaches the method of Claim 15, further comprising, during a third time period: predicting a third hot water consumption event within the building (¶8, Nishimura calculates a predicted heat amount for unit time periods, ¶47); estimating a third heating duration to heat water stored in the water tank to the target holding temperature (Nishimura ¶57, for a given time period the heat pump is controlled to store an amount of heat corresponding to the predicted demand); accessing a set of forecast electrical grid metrics representing forecast energy supply within an electrical grid supplying electrical energy to the water heater (¶81); detecting a time window of excess energy supply, preceding the third hot water consumption event by more than the third heating duration, in the set of forecast electrical grid metrics (¶60-¶62 discuss the case of excess energy supply); and in response to detecting the time window of excess energy supply, scheduling activation of the heat pump and a set of resistive heaters, arranged within the water heater, to heat water stored in the water tank to the target holding temperature during the time window (Claim 1, Nishimura controls the heat source based on the determined optimal heat amount for the unit time period). Nishimura does not expressly disclose a set of resistive heaters. Nelson US2010026869 teaches a heat pump water heater control wherein the water heater comprises electric resistance heaters (¶44, claim 2) and when the ambient temperature drops below a setpoint the heat pump is deactivated and the electric resistance heaters are used to heat water (Claim 2, ¶44). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art method to utilize resistance heaters when the ambient temperature is low, as taught by Nelson, since doing would avoid fault or poor function of the heat pump. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura US20240167728A1 in view Branecky US20230011737 and in view of Malky US20160187894 Regarding claim 10, Nishimura teaches the method of Claim 1: wherein predicting the first estimated time until the first hot water consumption event comprises: accessing a set of historical data representing flow rates of water from the water heater to the building (Nishimura ¶49) ; calculating an average hot water consumption volume during historical time windows coinciding with the first hot water consumption event based on the set of historical data (¶52); and predicting the first estimated time until the first hot water consumption event at a first fixture, in a set of fixtures located within the building, based on the average hot water consumption volume (¶93); and Nishimura does not expressly disclose the historical data is flow rate data; and further comprising: during an initial time period preceding the first hot water consumption event: triggering a recirculation valve fluidly coupled to the first fixture to open; and triggering a recirculation pump arranged within the water heater to supply water, proximal the target supply temperature, to the first fixture; and during the second null hot water consumption window: triggering the recirculation valve to close; and deactivating the recirculation pump. Branecky US20230011737 teaches a method for determining optimal operation of a water heater comprising predicting volumetric flow rate of water based on historical data (¶7, ¶14). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art method to utilize flow rates for predicting demand, as taught by Branecky, since doing so amounts to a known technique for predicting hot water demand in the art with known predictable results. Malky US20160187894 teaches a method for controlling hot water systems wherein a hot water recirculation pump and corresponding valves are activated for particular time periods thereby purging cold water from the pipes and improving user comfort prior to the first hot water consumption event and deactivating the pump when hot water consumption is low (¶101, ¶33)). Nishimura predicts a hot water demand for unit time periods (¶8). Nishimura predicts high demand and low demand time periods. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify Nishimura with the method of triggering a recirculation pump prior the high demand period and deactivating the recirculation pump during low demand periods, as taught by Malky, since doing so amounts to a known technique for improving hot water systems with the known predictable result ensuring hot water reaches users in a timely fashion. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura US20240167728A1 in view of Inoue US20080033651. Regarding claim 13, Nishimura teaches the method of Claim 1, further comprising, during a third time period: predicting a third null hot water consumption window within the building (¶8, Nishimura calculates a predicted heat amount for unit time periods, ¶47); and Nishimura does not expressly disclose during the third null hot water consumption window: accessing a forecast outdoor air temperature proximal the building; and in response to the forecast outdoor air temperature falling below a freeze-risk temperature: triggering a set of valves, arranged downstream the water tank, to open; and activating a recirculation pump arranged within the water heater to circulate heated water between the set of valves and the water tank. Inoue US20080033651 teaches a freeze forecasting device and method for a hot water heating apparatus comprising accessing a forecast outdoor air temperature proximal the building (abstract); and in response to the forecast outdoor air temperature falling below a freeze-risk temperature: triggering a set of valves, arranged downstream the water tank, to open; and activating a recirculation pump arranged within the water heater to circulate heated water between the set of valves and the water tank (Fig. 6). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art method with the freeze forecasting method taught by Inoue since doing so amounts to a known technique for improving similar devices with the known predictable result of preventing freezing. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Deepak Deean whose telephone number is (571)270-3347. The examiner can normally be reached M-Th 10-4. 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, Edelmira Bosques can be reached at (571)270-5614. 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. /DEEPAK A DEEAN/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
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Prosecution Timeline

Aug 07, 2025
Application Filed
Feb 07, 2026
Non-Final Rejection — §103 (current)

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3y 9m
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