Invalidity dossier
US 11371752
Gas valve control system for a water heater
Current assignee: Copeland Comfort Control LP
Added 9/24/2026, 3:48:40 PM
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Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
I'll verify current litigation/docket status and any post-grant activity before summarizing.
Let me run more targeted queries to check for any litigation or PTAB activity specific to this patent.
US 11,371,752 B2 — Summary
Important scope note: My searches (including targeted queries for litigation, PTAB, and Federal Circuit activity) returned no authoritative hit naming U.S. Patent No. 11,371,752. Results for "752 patent" queries consistently resolved to different patents (e.g., 7,512,752; 11,634,752; 9,937,846). I therefore cannot confirm or deny any 2026 CAFC docket, IPR, or district-court case involving this specific patent, and I found no CAFC 2026 docket entry for it. Everything below is drawn from the patent text supplied to me, which I treat as authoritative. Bibliographic items marked with ⚠️ are from that text and could not be independently re-verified against a live USPTO record in this session.
Bibliographic data
| Field | Value |
|---|---|
| Patent number | US 11,371,752 B2 |
| Title | Gas valve control system for a water heater |
| Application no. | US 16/796,446 |
| Filing date | 2020-02-20 |
| Issue date | 2022-06-28 |
| Earliest priority date | 2017-12-14 |
| Pre-grant publication | US 2020/0191441 A1 (2020-06-18) |
| Inventor | Thomas P. Buescher |
| Original assignee | Emerson Electric Co. |
| Current assignee | Copeland Comfort Control LP (assignment effective 2023-04-26, recorded 2023-05-30) |
| Type | Divisional of US 15/842,405 (now US 10,655,891 B2), filed 2017-12-14 |
| Status / term | Active; adjusted expiration 2038-07-06 ⚠️ |
| Claims | 18 total; independent claims 1, 8, 18 |
| Classifications | F24H9/2035 (water heater control/safety, fluid fuel); F24H15/305 & 15/31 (valve control); F16K37/0041 (valve position sensing via electrical/magnetic means); F24H15/345, 15/36, 15/242, 15/281 |
| Family siblings | US 10,655,891 B2 (parent); US 11,371,751 B2 (sibling divisional, app. 16/796,431) |
| Cited prior art | 20 references, incl. US 4,289,476; US 4,789,329; US 5,133,656; US 6,050,281; US 6,908,300; US 7,497,386; US 9,568,196 (all Emerson/Honeywell-lineage combustion controls) |
| Security interests | Royal Bank of Canada (collateral agent), U.S. Bank Trust Co. N.A. (notes collateral agent), Wells Fargo N.A. (collateral agent) — recorded 2023-07-17, effective 2023-05-31; further U.S. Bank filing 2024-07-09 ⚠️ |
| Fee status | 4th-year maintenance fee paid (recorded 2025-11-19) ⚠️ |
Abstract (as issued)
A system and method of operating a water heater controller that includes a powered vent electronic control circuit including a controller configured to control an operation of heating device having a powered draft inducer, a gas valve assembly configured to control a flow of a fuel gas to a burner of a heating device, and a switch assembly including a switch in each leg of a plurality of legs of a power supply to the gas valve assembly, the switch assembly configured to supply power and a return to the gas valve assembly in a first position and to open the plurality of legs of the power supply to the gas valve assembly in a second position, the switch assembly configured to indicate a position of the switch assembly to the controller.
Plain-language overview of the independent claims
Claim 1 — "Powered vent electronic control circuit" (apparatus). A control board for a power-vented heating appliance (water heater). It has three parts: (a) a controller that runs a heating device equipped with a powered draft inducer; (b) a gas valve assembly that meters fuel gas to the burner; and (c) a switch assembly with one switch in each of multiple legs of the gas valve's power supply. In a first position the switch assembly delivers both power and return to the gas valve; in a second position it opens all of those legs. The switch assembly also signals its own position back to the controller. The claim closes with the specific structure: a first double-throw switch that feeds power to the gas valve in position one, and in position two injects a switch-position signal into the controller. (Note the "double duty" of the same switch: power routing when on, sensing signal when off.)
Claim 8 — "Water heater controller" (apparatus). Similar architecture, with several added constraints: (a) a processor coupled to a memory device; (b) a gas valve assembly feeding a combustion chamber that is in flow communication with a forced draft inducer; (c) an inducer fan relay controlled by the processor and powering the inducer; and (d) a switch assembly with a switch in each of multiple supply legs that (i) supplies power and return to only the gas valve assembly in position one and opens all legs in position two, and (ii) reports its position to the controller in both positions. It too requires the first double-throw switch that supplies power when on and injects the position signal when off. The "only the gas valve assembly" wording is a notable negative limitation — it is the claim's mechanism for justifying a lighter-duty, lower-cost switch (the background notes a power-vent inducer can draw ~2 A at 120 V).
Claim 18 — Method of operating a water heater controller. Steps: (1) supply electrical power to a gas valve relay and to an inducer fan through an inducer fan relay; (2) supply electrical power to the gas fuel valve switch; (3) by the processor, sense a position signal having a first component (first electrical characteristic) and a second component (second electrical characteristic) when the switch is open — the two characteristics being different, with the gas fuel valve switch holding both the power-supply leg and the power-return leg open; (4) sense the position signal having only the first component when the switch is closed, with both legs closed; and (5) operate the water heater controller based on the sensed position. In the described embodiment the "first component" is an AC component and the "second component" is a DC component/offset, i.e., AC-only indicates one state and AC + DC offset indicates the other.
Dependent-claim scaffold (for context)
- Claims 2 / 12 / 13: a second double-throw switch that connects the return path in position one and opens it in position two; claim 13 adds that the two double-throw switches are ganged together (consistent with a DPDT manual switch).
- Claims 3 / 14: the switch assembly is a manually operated switch.
- Claims 4 / 15: the switch assembly couples to the gas valve through a bridge rectifier circuit (the description's full-wave bridge rectifier 144).
- Claims 5–7 and 16–17: controller sensing of the position signal — AC-only for one position, AC-plus-DC for the other.
- Claims 9–11: relay/sensing details — inducer fan relay supplying the gas valve relay, and the processor receiving a gas relay output voltage or a DC voltage signal to indicate switch position.
Drafting issues worth flagging
- Internal inconsistency on when the DC component appears. Claim 7 (dep. claim 5) recites an "AC component and a DC component when the switch assembly is in the first position," whereas claim 17 (dep. claim 8) recites AC+DC "when the switch assembly is in the second position." The detailed description contains the same apparent mismatch (it twice says the controller senses AC+DC "when the switch assembly is in the first position," while the FIG. 2 discussion and the "off contacts supply a low current DC voltage" passage associate the DC offset with the switch being off). Anyone relying on this patent should treat the AC/DC mapping as ambiguous on the face of the document.
- Claim 5/6 recite "a controller configured to sense…" even though claim 1 already recites a controller, and claims 5/6 use "controller" rather than "the controller" — a potential antecedent-basis/enablement question under §112.
- Claim 8 uses "the controller" in its switch-assembly clause without previously reciting a "controller" (it recites a "processor"); claim 17's "the controller" has the same issue.
- Typographical artifacts in the printed text: "double- throw," "in determinant," and the specification's statement that the controller senses AC+DC "when the switch assembly is in the first position." These are textual; I am reporting them literally rather than correcting them.
What I could not verify
- Any CAFC 2026 docket, appeal, IPR/PGR, reexam, or district-court complaint asserting US 11,371,752 — no authoritative source found. The only Copeland-related 2026 docket surfaced was Copeland LP v. United States, Ct. Int'l Trade No. 1:26-cv-03112 (tariff/customs matter, not patent), and an In re HVAC Equipment Antitrust Litigation MDL (E.D. Mich. No. 2:26-cv-10949) concerned antitrust claims, not this patent.
- The adjusted expiration date 2038-07-06 and maintenance-fee record, which come from the supplied Google Patents text; these would need confirmation via USPTO Patent Center, since they depend on terminal disclaimer / PTA calculation.
- Whether the sibling divisionals (US 11,371,751) and the parent (US 10,655,891) have been asserted in litigation — not determinable from what I retrieved.
If you need court-grade certainty on litigation or post-grant status, the next step would be a direct check of USPTO Patent Center / Patent Trial and Appeal Board (PTAB) and PACER docket searches restricted to this patent number and to Copeland Comfort Control LP as plaintiff.
Generated 9/29/2026, 9:34:12 PM
Cases on file (0)
Specific litigation cases in our database that name US patent 11371752. The free-form analysis below may also discuss cases beyond this list.
No cases on file mention this patent. Upload a CSV or add a case manually in Admin → Manage litigation cases.
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
I'll research litigation involving US Patent 11371752 using patent litigation sources.
Let me run more targeted searches on patent litigation databases.
Litigation Search: US Patent 11,371,752
Bottom line: I found no litigation involving U.S. Patent No. 11,371,752.
I searched for the specific patent number (in both "11371752" and "11,371,752" forms) across general web, patent-litigation aggregator content (Unified Patents, Docket Alarm, Patexia, RPX-related materials), and Federal Circuit / district court materials. None of the results associated this patent with any lawsuit. Per your instruction, I excluded results for similar but different numbers — and indeed the only hits for the literal string "11371752" were unrelated to this patent (e.g., a Spanish civil registry identification number and a UK company registration number "11371752," neither of which is a US patent reference).
What the search context did reveal (for your awareness — not litigation over '752)
The patent's assignee and family appear in other matters, which may be worth distinguishing:
| Matter | Patents at issue | Relevance |
|---|---|---|
| Ollnova Technologies Ltd. v. Copeland Comfort Control LP, et al., No. 4:22-cv-01387 (E.D. Mo.) (filed Dec. 29, 2022; terminated Aug. 11, 2025) | Ollnova's patents (e.g., 8,224,282; 7,746,887) asserted against Copeland | Different patents — not US 11,371,752 |
| PTAB IPR2023-00624 / IPR2023-00626, Copeland Comfort Control LP v. Ollnova Technologies Ltd. | 8,224,282 / 7,746,887 | Different patents — not US 11,371,752 |
These involve the same patent owner (Copeland Comfort Control LP, f/k/a Emerson Electric Co.) but not the '752 patent. I flag them only so you don't mistake them for '752 litigation.
Important caveats
- Absence of evidence ≠ evidence of absence. My search tools returned limited results, and a definitive "no litigation" determination for a specific patent generally requires direct queries to the primary sources: the Unified Patents Portal litigation caselist, PACER, Docket Alarm, Lex Machina, and RPX. I was not able to confirm a clean, exhaustive query of those databases; some returned only related-party results.
- Patent is relatively recent and narrowly owned. US 11,371,752 issued June 28, 2022 (from Application No. 16/796,446, filed Feb. 20, 2020), a divisional of App. No. 15/842,405, which issued as US 10,655,891. It is currently held by Copeland Comfort Control LP and is active (adjusted expiration 2038-07-06). It is a component/control-circuit patent; enforcement is plausible but I found no assertion.
- Related family members — US 10,655,891 and US 11,371,751 (the sibling divisional from App. No. 16/796,431) — are the patents you might also want to check for companion litigation, since a suit asserting the '752 patent would likely also plead the family members.
If you need certainty, I'd recommend running the patent number directly through PACER's "Patent Report" / a docket-search service and the Unified Patents litigation portal, which index complaints by asserted patent number.
If you can point me to a specific district or party you suspect, I can attempt a narrower follow-up search.
Generated 9/29/2026, 9:34:03 PM
Proceedings on file (0)
All PTAB activity →AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.
No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.
PTAB challenges
AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.
I'll verify the structured "no proceedings" data against web sources before writing the section.
Let me run additional targeted checks to be thorough about any petition naming this patent or its family.
Let me do two final confirmatory checks — the patent-family siblings and any Unified Patents/defensive-aggregator activity.
PTAB / AIA Trial Proceedings — US Patent No. 11,371,752
Source of record: The structured "PTAB proceedings on file" block supplied with this prompt (USPTO Open Data Portal ingest) reports zero AIA trial proceedings. I independently re-ran web searches against PTAB docket aggregators (Docket Alarm / Ex Parte AI-lab PTAB index / IP Verse) and general web for the patent number in both 11371752 and 11,371,752 forms, plus the sibling 11,371,751, the parent 10,655,891, the title, and application number 16/796,446. No petition, institution decision, FWD, or appeal naming this patent surfaced. The findings below reflect that verified absence.
Proceedings overview
Total AIA trial proceedings on US 11,371,752: 0 — no IPRs, no PGRs, no CBMs, no derivation proceedings; breakdown by status is therefore 0 active / 0 claims invalidated / 0 claims sustained / 0 settled / 0 institution denials. Bottom line for a defendant: the patent is completely untested at the PTAB. All 18 claims — including independent claims 1, 8, and 18 — stand as issued and un-amended, so there is no claim-cancellation finding to point to and no § 315(e)(2) estoppel to leverage. You would be the first challenger, which means both the upside (a clean shot with no institution-stage baggage) and the downside (no roadmap, no expert work product, no Board guidance on claim construction to reuse) are yours alone.
Per-proceeding detail
No proceeding exists to profile. The requested ### {PROCEEDING_NUMBER} — {Petitioner} v. {Patent Owner} entries are intentionally omitted rather than populated with speculation. I will not construct a proceeding number, petitioner, panel, or disposition that is not on the record.
Strategic summary
Claim status: everything is UNTESTED. Nothing has been canceled, nothing has been confirmed, and no claim has been construed by the Board. Reading the claim set as issued (per the authoritative full text in this record): independent claim 1 (powered vent electronic control circuit — switch-in-each-leg of the gas valve power supply plus a first double-throw switch that injects a position signal to the controller), claim 8 (water heater controller with processor/memory, gas valve assembly, inducer fan relay, and a switch assembly supplying "only the gas valve assembly" and indicating position in both first and second positions), and claim 18 (method of operating a water heater controller) are all live. Dependents 2–7, 9–17 flesh out the double-throw second switch, ganged switches, manual actuation, bridge rectifier coupling, and the AC-only vs. AC+DC sensing dichotomy. Because the patent has never been before the Board, there is no narrowing amendment, no certificate of correction materially affecting claim scope, and no disclaimer to account for in an infringement or invalidity analysis — you are analyzing the pristine issued claim set.
Estoppel landscape: essentially empty — and that cuts both ways. With no prior petitioner, no party is barred under 35 U.S.C. § 315(e)(2) from raising any ground, and there is no IPR-based estoppel shadow over the art. That means a defendant today has the maximum theoretical menu: § 102 and § 103 grounds built on patents and printed publications, plus § 112 written-description/enablement and indefiniteness theories in district court (which IPR cannot reach). Two practical flags, though. First, the Board's Fintiv/discretionary-denial and "settled expectations" practice has tightened; the patent issued 2022-06-28 and, as of this writing, has been in force roughly four years, which is squarely within the category the Office has recently invoked when denying institution and which would be argued by Patent Owner. Second, the PGR window closed roughly 2023-03-28 (nine months from grant under § 321(c)), so § 112 and best-mode-style attacks are no longer available inside the PTAB — they now live only in district court or ex parte reexam. Realistically, a PTAB petitioner is limited to IPR on § 102/§ 103.
Pattern signals: none pointing at this patent. There is no repeat petitioner, no defensive aggregator in the chain, and no Patent Owner-side appeal activity on this patent. The one PTAB cluster involving the current owner is a different matter and must not be conflated with this patent: IPR2023-00624 and IPR2023-00626, Copeland Comfort Control LP v. Ollnova Technologies Ltd. (filed 2023-03-06; FWDs 2024-10-01 holding all challenged claims of US 8,224,282 and US 7,746,887 unpatentable; panels including APJs Peslak, McNamara, and Silverman; IPR2023-00626 shown as appealed). In those proceedings Copeland is the Petitioner, not the Patent Owner — Copeland is on offense against a third party's patents, in parallel with the Ollnova Technologies Ltd. v. Copeland Comfort Control LP, et al., No. 4:22-cv-01387 (E.D. Mo.) litigation. Nothing in that cluster adjudicates, implicates, or estops anything about US 11,371,752. Likewise, the foreign citation to this family (CN117213072B, a citing publication) is not a validity challenge.
Why the silence is plausible (and what it does not prove). US 11,371,752 is a divisional of App. No. 15/842,405 (issued as US 10,655,891) with a sibling divisional US 11,371,751; the family is held by an operating-company patent owner (Emerson Electric Co., now Copeland Comfort Control LP), not an NPE, and the claimed subject matter is a narrow control-circuit feature in a mature, low-margin product category. Patents in that posture are frequently asserted defensively or cross-licensed rather than litigated, which reduces the population of parties with both the incentive and the standing to file an IPR. So the absence is unsurprising — but absence of evidence is not evidence of absence: a newly filed petition may not yet be indexed, and my tooling does not exhaustively query PACER or the Board's own case system.
Recommended next steps
- If you are a defendant relying on this section, do not represent to a court or adversary that there has been "PTAB activity." The correct, defensible statement is: no AIA trial proceeding appears on the record for US 11,371,752 as of 2026-09-29. Confirm independently before relying on it.
- Primary-source confirmation (do this before finalizing any opinion).
- PTAB E2E / Patent Trial and Appeal Board case search by patent number and by application number 16/796,446 — link: https://ptab.uspto.gov/ (Patent Trial and Appeal Board End-to-End system) and the public decisions index at https://www.uspto.gov/PTAB
- Unified Patents litigation & PTAB portal and Docket Alarm PTAB table for the patent number
- PACER docket search on the patent number across districts, and CourtListener/RECAP (https://www.courtlistener.com) for any complaint or CAFC appeal referencing it
- Scrub the family, not just this number. A challenger or an accused infringer should confirm the same "zero" result for the parent US 10,655,891 and sibling US 11,371,751, since any assertion campaign would likely plead the set. Petitions against the sibling/parent carry their own § 315(e)(2) consequences and would be relevant to a joint-defense posture.
- Timing if you intend to file. There is no statutory bar to IPR on this patent (IPR has no maximum patent age; § 311), but the 2025-era Office practice on discretionary denial — including "settled expectations" tied to patent age and parallel-litigation considerations — should be modeled into your go/no-go decision. Note also the one-year § 315(b) bar: if you have been served with a complaint alleging infringement of the '752 patent, the clock runs from service.
- Make the absence work for you now. Because no claim has been construed by the Board and no art has been vetted in an AIA trial, the patent's validity rest entirely on its prosecution history (which includes the non-final action 2021-11-08 and allowance 2022-03-08 on App. No. 16/796,446, per the file wrapper in the full patent record). Mine that history — the reasons for allowance, any art of record, the DIVISIONAL's relationship to the parent's prosecution — for § 325(d) and estoppel arguments and for the strongest § 103 combination, before someone else establishes the Board's first impression of these claims.
Confidence and caveats
- High confidence: No AIA trial proceeding on US 11,371,752 appears in the structured ODP-derived data or in any web source I could retrieve. The claim set (1–18), grant date (2022-06-28), priority date (2017-12-14), application number (16/796,446), and the divisional relationship to US 10,655,891 are taken verbatim from the authoritative full patent text in this record.
- Cannot confirm exhaustively: A definitive "no PTAB activity" finding requires direct PTAB E2E / PACER / commercial-database queries, which my tooling does not fully cover. Treat the "zero" as verified-best-available, not certified.
- Do not cross-contaminate: IPR2023-00624 and IPR2023-00626 concern US 8,224,282 and US 7,746,887 (Ollnova's patents) and are not proceedings on US 11,371,752. Any reuse of those outcomes in an argument about this patent would be an error.
Generated 9/29/2026, 9:34:26 PM
Ownership chain (6)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
2017-12-14 · recorded 2020-02-20 · reel 051879/0032 · Assignment
2023-04-26 · recorded 2023-05-30 · reel 063804/0611 · Assignment
Emerson Electric Co.Copeland Comfort Control LP
acquisition
2023-05-31 · recorded 2023-07-17 · reel 064278/0165 · Security Interest
Copeland Comfort Control LPROYAL BANK OF CANADA, AS COLLATERAL AGENT
securitization
2023-05-31 · recorded 2023-07-17 · reel 064280/0333 · Security Interest
Copeland Comfort Control LPU.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, AS NOTES COLLATERAL AGENT
securitization
2023-05-31 · recorded 2023-07-17 · reel 064286/0001 · Security Interest
Copeland Comfort Control LPWells Fargo Bank, National Association, as Collateral Agent
securitization
2024-07-08 · recorded 2024-07-09 · reel 068255/0466 · Security Interest
Copeland Comfort Control LPU.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, AS NOTES COLLATERAL AGENT
securitization
Assignment history
Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.
I'll research the assignment record for US 11,371,752 using available sources.
Inventors
| Inventor | Employer at filing | Notes |
|---|---|---|
| Thomas P. Buescher (Webster Groves, MO) | Emerson Electric Co. — the original assignee | Sole named inventor. The inventor→employer assignment was executed 2017-12-14 and is recorded at Reel 051879/0032 ("ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNOR:BUESCHER, THOMAS P."). |
Pattern check: No unusual inventor pattern. There is exactly one inventor, and there is no evidence of the inventor departing the assignee within 12 months of filing — the conventional "fire-sale precursor" pattern (mass inventor exodus, co-inventors scattering to competitor entities) is not present. Buescher is a career Emerson water-heater-controls inventor; the same name appears on the related Emerson patent US 9,605,872 ("Smart energy controlled water heater," App. No. 14/923,791), confirming continuous employment with the original assignee rather than an assign-after-departure fact pattern.
Original assignee
Emerson Electric Co. (St. Louis, MO) — the entity named as assignee on the issued patent (Google Patents "Original Assignee"), and confirmed by the recorded inventor assignment at Reel 051879/0032.
- Primary line of business: Diversified industrial manufacturer; the relevant business was its water-heater / HVAC controls line (powered-vent electronic gas-valve controls), historically within Emerson's Commercial & Residential Solutions / Climate Technologies segment.
- Did it ship a product embodying the claims? Yes — this is a control circuit for powered-vent (powered-draft-inducer) gas water heaters, i.e., a production appliance-control board sold into OEM water-heater builds. The patent's own background frames it around an existing OEM product ("Powered vent water heaters have typically used a master on/off switch…"). This is an operating-company patent, not a paper asset.
- Current status: Emerson Electric Co. remains an operating public company, but it divested the relevant business unit effective 2023-05-31 (per the PTAB Copeland Comfort Control LP v. Ollnova mandatory-notice record: "effective May 31, 2023, original petitioner Emerson Electric Co. divested itself of the business unit responsible for the IPRs; that group has been formed into its own corporate entity, petitioner Copeland Comfort Control LP"). The patent therefore now sits with Copeland Comfort Control LP.
Family note (cross-check for the ownership chain): US 11,371,752 is a divisional of App. No. 15/842,405 → US 10,655,891, with a sibling divisional App. No. 16/796,431 → US 11,371,751. All three should carry the same assignment chain; if you are auditing the family, expect identical reel/frame entries across all three. This is consistent with (and does not contradict) the prior Litigation section, which also flagged '891 and '751 as the companion family members.
Assignment timeline
All entries below are taken from the legal-events record in the authoritative patent text (Google Patents reproduction of the USPTO assignment data). Correspondent-of-record fields were not retrievable from the sources available to me, so those cells are marked accordingly rather than guessed — see the caveat at the end of this section.
2017-12-14 (executed) / recorded 2020-02-20 — Reel 051879/0032
- Conveyance: Assignment (Assignment of Assignors Interest)
- Assignor: Buescher, Thomas P. (individual inventor)
- Assignee: Emerson Electric Co. (MISSOURI)
- Correspondent: not surfaced in available records
- Context: Initial inventor-to-employer assignment (the standard "assignment of interest" that vests title in the operating company).
2023-04-26 (executed) / recorded 2023-05-30 — Reel 063804/0611
- Conveyance: Assignment (described as a "Supplemental IP Assignment Agreement")
- Assignor: Emerson Electric Co.
- Assignee: Copeland Comfort Control LP (MISSOURI)
- Correspondent: not surfaced in available records
- Context: Corporate divestiture / carve-out — Emerson transferred the comfort-control (water-heater/HVAC controls) business, and its IP, into the newly formed Copeland entity. Not an arm's-length patent sale to a third party.
2023-05-31 (executed) / recorded 2023-07-17 — Reel 064278/0165
- Conveyance: Security Interest
- Assignor: Copeland Comfort Control LP
- Assignee: Royal Bank of Canada, as Collateral Agent (CANADA)
- Correspondent: not surfaced in available records
- Context: Securitization / financing collateral — lien granted over the IP portfolio to support acquisition financing.
2023-05-31 (executed) / recorded 2023-07-17 — Reel 064280/0333
- Conveyance: Security Interest
- Assignor: Copeland Comfort Control LP
- Assignee: U.S. Bank Trust Company, National Association, as Notes Collateral Agent (MINNESOTA)
- Correspondent: not surfaced in available records
- Context: Securitization / financing collateral (noteholder collateral agent).
2023-05-31 (executed) / recorded 2023-07-17 — Reel 064286/0001
- Conveyance: Security Interest
- Assignor: Copeland Comfort Control LP
- Assignee: Wells Fargo Bank, National Association, as Collateral Agent (CALIFORNIA)
- Correspondent: not surfaced in available records
- Context: Securitization / financing collateral (collateral agent).
2024-07-08 (executed) / recorded 2024-07-09 — Reel 068255/0466
- Conveyance: Security Interest
- Assignor: Copeland Comfort Control LP
- Assignee: U.S. Bank Trust Company, National Association, as Notes Collateral Agent (MINNESOTA)
- Correspondent: not surfaced in available records
- Context: Securitization / refinancing — a follow-on noteholder lien record against the same portfolio.
Post-issuance fee event (not an assignment): 2025-11-19 — 4th-year maintenance fee paid (large entity, event M1551), confirming the patent is being actively maintained.
Correspondent caveat (flagged honestly): The task asks specifically for the correspondent of record (recording attorney/agent) on each reel/frame. The USPTO Assignment Center exposes that field on the individual record detail, but I could not retrieve the correspondent strings through the search tools available in this session. I am therefore not asserting any attorney or firm name for these recordations. The relevant raw records are verifiable at Reel/Frame 051879/0032, 063804/0611, 064278/0165, 064280/0333, 064286/0001, and 068255/0466 via the Assignment Center. Notably, however, the same Copeland/Emerson assignment activity surfaced a litigation-side repeat counsel: James L. Davis, Jr. (Reg. No. 57,325), counsel for Copeland Comfort Control LP in the PTAB Copeland v. Ollnova matters — a litigation counsel, not an assignment-recording correspondent, so this should not be read as an NPE-recording tell.
Timeline diagram
timeline
title Ownership of US 11371752
2017 : Inventor assignment executed
: Assigned to Emerson Electric Co
2020 : Assignment recorded at USPTO
: Filed as divisional of 15/842,405
2022 : Patent issued Jun 28
2023 : Emerson divests comfort control unit
: Copeland Comfort Control LP takes title
: Three security interests granted
2024 : Additional noteholder security interest
2025 : 4th year maintenance fee paid
NPE / troll-pattern signals
1. Shell-entity transfer — NOT PRESENT. The transfer at Reel 063804/0611 (2023-04-26) moved the patent from Emerson Electric Co. to Copeland Comfort Control LP — a named operating subsidiary created in a real corporate divestiture, not a licensing-only shell. Concrete evidence against shell status: Copeland Comfort Control LP is the real party in interest actively litigating IPRs (IPR2023-00624 / -00626), it holds a registered corporate address (8000/8100 W. Florissant Ave., St. Louis, MO 63136, per the CIPO trademark record), and it carries standard acquisition financing. A name ending in "LP" is not, by itself, a shell tell.
2. Known asserter in the chain — NOT PRESENT. No assignee on any reel/frame matches the supplied NPE lists (Acacia, Marathon, IV, Wi-LAN/Conversant, Vringo, Pendrell, etc.). The parties are Emerson Electric Co. (Fortune-500 industrial), Copeland Comfort Control LP (operating controls manufacturer), and three bank collateral agents (Royal Bank of Canada, U.S. Bank Trust, Wells Fargo) acting in a secured-lending capacity only.
3. Repeat correspondent across the chain — UNKNOWN / NOT DETERMINABLE. I could not retrieve the correspondent-of-record fields (see caveat above). The one recurring attorney name surfaced (James L. Davis, Jr.) is litigation counsel for Copeland in the Ollnova IPRs, not an assignment-recording correspondent, and a single appearance on unrelated matters does not meet the recurrence threshold for this signal. Marked unknown rather than asserted.
4. Cascading transfers — NOT PRESENT. There is a cluster of records in 2023–2024, but it is one corporate divestiture plus three-to-four parallel secured-lien filings by bank agents on the same effective date (2023-05-31), not a chain of LLCs passing the patent hand-to-hand within 24 months. The assignees do not share a common licensing correspondent address, and the 2024 record (Reel 068255/0466) is a follow-on noteholder lien, not a new owner. This is ordinary secured-financing architecture.
5. Pre-litigation transfer — NOT PRESENT. No infringement suit naming US 11,371,752 was found (consistent with the prior Litigation section). There is consequently no assignment dated within 6 months before such a suit.
6. Bankruptcy fire-sale — NOT PRESENT. Emerson's transfer of the business unit into Copeland was a strategic sale/divestiture, not a Chapter 7/11 proceeding. No bankruptcy docket or distressed-sale record appears in the chain.
7. Privateering — NOT PRESENT. No evidence that an operating company (Emerson) transferred the patent to an assertion vehicle to sue on its behalf. Copeland Comfort Control LP is a successor operating entity to the divested unit — it is the operating company, not a proxy asserting on someone else's behalf.
8. Defensive aggregator — NOT PRESENT. The chain does not terminate at RPX, AST, LOT, Unified Patents, or OIN. It terminates at Copeland Comfort Control LP, an operating manufacturer subject to lender liens.
Verdict
Operating-company assertion.
Justification (2–3 sentences): Every recorded link is an ordinary operating-company chain: inventor Buescher assigned to Emerson Electric Co. (Reel 051879/0032, executed 2017-12-14); Emerson's divestiture moved title to its successor operating entity Copeland Comfort Control LP (Reel 063804/0611, executed 2023-04-26); and the 2023–2024 records (Reels 064278/0165, 064280/0333, 064286/0001, 068255/0466) are routine secured-lien filings by bank collateral agents, not transfers of ownership to an assertion vehicle. Zero of the eight NPE signals are present, and the current owner is a manufacturer of the very products the claims cover (powered-vent water-heater gas-valve controls).
One honest caveat on the label: the "assertion" prong is unproven — no infringement suit naming this patent was found (see the Litigation section). Read this verdict as "operating-company ownership with no NPE indicators," i.e., the profile is that of a practicing entity rather than an NPE; whether Copeland has actually asserted the '752 patent against competitors is not established by any record I located.
Verify at: USPTO Assignment Center — search by patent number 11371752 at https://assignmentcenter.uspto.gov/ (mirror/index: https://assignment.uspto.gov/patent/index.html), and cross-check the reel/frame entries above (051879/0032, 063804/0611, 064278/0165, 064280/0333, 064286/0001, 068255/0466).
Generated 9/29/2026, 9:34:46 PM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
I'll verify the patent record and research each cited reference.
Let me research the key cited references in detail.
Prior-Art Analysis — US 11,371,752 B2
0. Verification of the target patent (USPTO record)
The number 11,371,752 resolves cleanly to the correct document — no similar-number substitution was made:
| Field | Value |
|---|---|
| Patent | US 11,371,752 B2 |
| Title | Gas valve control system for a water heater |
| Application | 16/796,446 (divisional of 15/842,405, now US 10,655,891 B2) |
| Filed / Issued | 2020-02-20 / 2022-06-28 |
| Earliest priority | 2017-12-14 |
| Inventor | Thomas P. Buescher |
| Assignee | Emerson Electric Co. → Copeland Comfort Control LP |
| Claims | 18 (independent 1, 8, 18) |
Critical date for §102: Because the earliest effective filing date is 2017-12-14, the AIA (§102(a)(1)–(a)(2)) governs, and any reference published or filed before 2017-12-14 is available as prior art. All 20 examiner-cited references below pre-date that date by at least ~4 months (the most recent, US 9,568,196, issued 2017-02-14; the most recent published application, US 2009/0000302, published 2009-01-01).
1. The 20 cited references (the "Citations (20)" listed on the face of '752)
These are the references the Examiner cited during prosecution of the '752 divisional. Below, each entry gives the full citation and dates as literally recorded on the patent, a description, and the claim(s) it could potentially anticipate under §102. Where I was able to pull the underlying text, I note it; where I only have the front-page record, I say so.
| # | Full citation | Filed / Pub. or Issued | Brief description | Potential §102 anticipation |
|---|---|---|---|---|
| 1 | US 2,673,603 A — "Safety control for a combustion system," George G. Outterson | 1949-07-30 / 1954-03-30 | Electro-mechanical safety control for a combustion system (pilot-proving/flame supervision). | No claim-level anticipation of '752. Background only — relates to combustion safety interlocks, not a multi-leg gas-valve power switch or switch-position feedback. |
| 2 | US 2,682,922 A — "Control unit for main gas burners and pilot burners," Cribben & Sexton Co. | 1950-04-26 / 1954-07-06 | Combined control unit sequencing gas to main and pilot burners. | No anticipation. Purely mechanical/electromechanical gas-control valving. |
| 3 | US 3,112,876 A — "Two-stage valve having floating switches," Sullivan Valve & Engineering Co. | 1960-08-25 / 1963-12-03 | Two-stage (e.g., pilot/main) valve using "floating" switch elements. | Closest of the old art on switch structure, but does not disclose a double-throw switch in each leg of a plurality of power-supply legs to a gas valve with position injection to a controller. Could be cited against the switch-structure concept of claims 1/2/12, not as full anticipation. |
| 4 | US 4,143,811 A — "Gas flow controlled furnace flue damper," Karl Sattmann | 1977-06-06 / 1979-03-13 | Damper control tied to gas flow for a furnace. | No anticipation. Directed to flue-damper actuation, not gas-valve power routing. |
| 5 | US 4,190,414 A — "Fail-safe gas feed and ignition sequence control apparatus and method for a gas-fired appliance," W. M. Cissell Mfg. Co. | 1978-04-17 / 1980-02-26 | Fail-safe sequencing of gas feed and ignition for a gas appliance. | No anticipation of any '752 claim, but relevant to the fail-safe rationale underlying claims 1/8 (safe de-energization) and to the "no false light-off errors" motivation in the '752 background. |
| 6 | US 4,289,476 A — "Direct ignition gas burner control system," Emerson Electric Co. (same assignee lineage) | 1979-07-11 / 1981-09-15 | Direct-spark-ignition burner control system. | No anticipation. These are common-assignee lineage references showing the applicant's own art; relevant only as context for the control-board environment of claims 1/8. |
| 7 | US 4,789,329 A — "Thermostatically operated fuel valve control circuit," Honeywell Inc. | 1988-02-22 / 1988-12-06 | Fuel-valve control circuit actuated by a thermostat. | No anticipation. Could be used against the generic "controller controls a gas valve" concepts in claim 8, but discloses no dual-leg power switch or switch-position feedback. |
| 8 | US 5,133,656 A — "Fuel burner valve operator circuit with intermittent ignition," Honeywell Inc. | 1991-02-19 / 1992-07-28 | Valve-operator circuit for a fuel burner with intermittent (spark) ignition. | No anticipation. Relevant to the spark-ignition/flame-sense surroundings of claim 1's circuit (corresponding to '752 elements 164/166), not to the claimed switch assembly. |
| 9 | US 5,673,680 A — "Gas-heated apparatus," Diehl GmbH & Co. | 1994-06-18 / 1997-10-07 | Gas-heated appliance with control of fuel and combustion air. | No anticipation. Appliance-level control art. |
| 10 | EP 0 837 283 B1 — "An automatic control system with double safety protection for intermittently-operated gas burners," SIT la Precisa S.p.A. | 1996-10-16 / 1999-12-22 | Automatic control with double safety protection for intermittent gas burners. | No anticipation. "Double safety" is a functional theme that overlaps the fail-safe goals of claims 1/8, but the reference does not disclose the claimed one-switch-per-leg power-supply topology + position signal. |
| 11 | US 6,050,281 A — "Fail-safe gas valve system with solid-state drive circuit," Honeywell Inc. (Adams, Hill, Strand) | 1997-06-27 / 2000-04-18 | Two series gas valves with solenoid operators driven through microprocessor-controlled solid-state switches; one coil's interrupted energization pumps a capacitor to a higher voltage to actuate the second valve. [Text verified] | Highly relevant background. It discloses microprocessor-controlled switches in the valve drive path and a transformer + rectifier bridge source (17) — overlapping claim 4/15's "bridge rectifier circuit" environment and the controller-driven valve concept of claims 1/8. It does not disclose a manually operated double-throw switch placed in each leg of the gas-valve supply that injects a position signal to the controller. Not an anticipation; a strong §103 combination candidate. |
| 12 | US 2004/0137391 A1 — "Sensorless flammable vapor protection and method," John T. Adams | 2003-01-09 / 2004-07-15 | Flammable-vapor protection without a dedicated vapor sensor (inferred from flame behavior). | No anticipation. The (†/*) marking on the face of '752 flags it; it relates to safety detection, not the claimed switch assembly. |
| 13 | US 6,908,300 B1 — "Apparatus and method for shutting down a fuel fired appliance," Emerson Electric Co. | 2004-03-12 / 2005-06-21 | Shutting down a fuel-fired appliance (e.g., on unsafe condition). | No anticipation, but relevant to claim 18's "operating … using the sensed position" and shutdown logic, and to the '752 background's concern about the controller reacting to a valve-switch-off event. |
| 14 | US 2008/0092826 A1 — "Combustion Control Device," Noritz Corporation | 2005-01-26 / 2008-04-24 | Combustion control device (tankless-water-heater-typical combustion control). | No anticipation. Combustion-control environment for claims 1/8; no multi-leg switch or position feedback. |
| 15 | US 2009/0000302 A1 — "Gas delivery system," Officepower, L.L.C. | 2007-06-28 / 2009-01-01 | Gas delivery/shut-off system. | No anticipation. Gas-supply routing, not a valve-supply switch with position indication. |
| 16 | US 7,497,386 B2 — "Apparatus and methods for operating a gas valve," Emerson Electric Co. (Donnelly, Fredricks) | 2004-06-08 / 2009-03-03 | Solenoid gas valve with a pick coil and hold coil; battery picks the valve, thermo-generator holds it open; thermostat microprocessor controls the pick/hold switching. [Text verified] | Common-assignee and materially relevant. Discloses controller/microprocessor-driven valve-operator switching (overlaps the "controller configured to control a gas valve" element of claims 1/8 and the relay/switch architecture). It does not teach a double-throw switch in each supply leg with a position-injection function; no anticipation of any independent claim. |
| 17 | US 2010/0086885 A1 — "Control system for the ignition of a gas burner," Felix Querejeta Andueza | 2008-10-02 / 2010-04-08 | Gas-burner ignition control system. | Part of the Coprecitec/Querejeta family with #18–19 (same filing date, same subject). No anticipation; ignition control, not the claimed switch assembly. |
| 18 | US 8,851,884 B2 — "Control system for the ignition of a gas burner," Coprecitec, S.L. (Querejeta Andueza) | 2008-10-02 / 2014-10-07 | Gas-burner ignition control (family member of #17/#19). | No anticipation. |
| 19 | US 8,882,492 B2 — "Control systems for the ignition of a gas burner," Coprecitec, S.L. (Querejeta Andueza) | 2008-10-02 / 2014-11-11 | Gas-burner ignition control (family member of #17/#18). | No anticipation. |
| 20 | US 9,568,196 B2 — "Systems and methods for controlling gas powered appliances," Emerson Electric Co. (Furmanek et al.) | 2014-05-14 / 2017-02-14 | Water-heater control system with a power system, valve control system, valve pick system, safety system, and controller; includes a safety-switch control circuit and Hi-Z pin handling. [Text verified] | The single most relevant cited reference. It is the closest prior art on the general architecture of independent claims 1 and 8 (controller + gas-valve control system + safety/feedback circuitry in a water heater). It still does not disclose a switch assembly with a switch in each of a plurality of legs of the gas-valve power supply that supplies power and return in one position, opens all legs in the other, and signals its position to the controller. No anticipation; the leading §103 combination reference. |
2. Most relevant prior art — the short list
Ranked by proximity to the point of novelty (the switch assembly):
- US 9,568,196 B2 (Emerson, 2017-02-14) — closest overall architecture: controller + valve control + safety/feedback in a water heater. Grounds most of claims 1/8 except the claimed switch-per-leg + position-signal feature.
- US 6,050,281 A (Honeywell, 2000-04-18) — microprocessor-controlled solid-state switches in the gas-valve drive and a transformer/bridge supply; relevant to claims 4/15 (bridge rectifier) and to the controller-switches-valve concept.
- US 7,497,738 B2 … corrected: US 7,497,386 B2 (Emerson, 2009-03-03, note: the front-page list of '752 prints the number as US7497386B2) — pick/hold coil valve operation under microprocessor control; relevant to the valve-operator and control-line aspects of claims 1/8/18.
- US 3,112,876 A (1963-12-03) — "floating switches" in a two-stage valve; the closest old art on switch topology, potentially usable against the switch-structure concepts of claims 1, 2, 12, 13.
- US 5,133,656 A and US 4,789,329 A (Honeywell) — valve-operator/thermostatic control circuits that frame the "controller controls a gas valve" environment.
- US 6,908,300 B1 and US 4,190,414 A — fail-safe shut-down/ignition sequencing; relevant to claim 18's "operating … using the sensed position" and the fail-safe rationale.
Honest bottom line on §102
No single cited reference appears to anticipate any of independent claims 1, 8, or 18. The distinguishing feature recited in all three independents — a switch assembly having a switch in each leg of a plurality of legs of the gas-valve power supply, that in one position supplies power and return, in the other opens all legs, and that signals its position to the controller (with the first double-throw switch injecting a position signal when open) — is not shown in the cited art. The cited references are best characterized as §103 combination art and background, which is consistent with the '752 claims having issued. (The examiner-cited list also contains no reference to a multi-leg-supply switch with position feedback, which is presumably why the claims allowed.)
3. Important clarifications / caveats
- Same-family documents are NOT prior art here. The parent US 10,655,891 B2 (and its publication US 2019/0186788 A1) and the sibling divisional US 11,371,751 B2 (publication US 2020/0191440 A1) share the '752 disclosure and priority. They cannot be §102 art against '752 (same disclosure/same inventive entity), and I have not counted them as "citations" even though they appear in the Google Patents "Also Published As" list.
- Forward citation, not prior art. CN 117213072 B ("A gas water heater control circuit," Guangdong Huamei Junda Electric) appears only as a family citing document (2023-08-22 / 2025-09-30) — it post-dates '752 and is not prior art.
- One family cluster in the list. Items #17, #18 and #19 (Querejeta Andueza / Coprecitec, all filed 2008-10-02, all titled "Control system(s) for the ignition of a gas burner") are one patent family, not three independent teachings.
- Data provenance. Dates and titles for all 20 items are taken literally from the front page of US 11,371,752 as supplied and were not all independently re-verified against live USPTO full-text records in this session (I confirmed full text for US 6,050,281, US 7,497,386, US 9,568,196, and the family/forward-citation items). Where a reference description is drawn from its title only, I have labeled it as such. No similar-but-different patent numbers were substituted; where the printed record itself shows variant numbering (e.g., "US7497386B2"), I have reported it as printed rather than silently correcting it.
- Anticipation ≠ obviousness. This analysis answers the §102 framing you requested. A rigorous validity challenge to '752 would more likely run through §103 (e.g., US 9,568,196 in view of US 6,050,281 and/or US 3,112,876) than through single-reference anticipation.
Generated 9/29/2026, 9:34:48 PM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
I'll verify a couple of the key reference disclosures before constructing the combinations, since the search results take priority over my training data.
Obviousness Analysis under 35 U.S.C. § 103 — US 11,371,752 B2
A. Scope note: date discrepancy (flagged, not corrected)
Contradiction to flag explicitly. This task's header states "Current Date: April 26, 2026." The operating system prompt I am running under states "Today's date is 2026-09-29," and every prior section of this analysis (Summary, Litigation, PTAB, Assignment, Prior Art) was written to a 2026-09-29 as-of date. I am not silently harmonizing these. Two consequences:
- Nothing in this § 103 analysis is date-sensitive in a way that turns on the five-month gap (all references predate the 2017-12-14 critical date by years, and IPR § 315(b) clocks are unaffected by which of the two dates is correct).
- If you are filing anything on a deadline, the discrepancy itself matters and you should resolve it from a primary source before relying on any date in this document.
Everything below builds on — and does not repeat — the Prior Art section's reference profiles. Where I add reference content, it comes from the live full-text searches I ran this session and I say so.
B. Legal framework and level of ordinary skill
Governing statute. Earliest effective filing date is 2017-12-14 (priority of App. 15/842,405). The AIA version of § 103 governs. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), controls the motivation analysis; MPEP 2141–2144 supplies the operative framework, including the seven enumerated rationales in MPEP 2143 and the "apparent reason to combine" articulated in In re Kahn, 441 F.3d 977 (Fed. Cir. 2006), aff'd by KSR.
PHOSITA. Consistent with the field and the patent's own disclosure: a person with a bachelor's degree in electrical or mechanical engineering (or equivalent) and 3–5 years designing gas-appliance control circuits — specifically 24 VAC gas-valve drive circuits, relay logic, bridge rectifiers, flame-sense/ignition front ends, and power-vent (induced-draft) appliance controls. This matters because it makes DPDT switch wiring, relay interlocking, and DC-bias-on-an-AC-sense-line techniques routine toolbox items, which is exactly the posture that supports the KSR "known technique / predictable result" rationales.
One threshold issue that the Prior Art section did not fully surface — availability of the Emerson family as § 102 art. My searches this session confirmed that US 9,568,196 (the single most relevant cited reference) is one member of a family filed 2014-05-14 by Furmanek, Buescher, and Arensmeier and assigned to Emerson Electric Co. — namely US 9,414,719, US 9,574,793, US 9,599,369, US 9,568,196, and pre-grant pubs US 2015/0330663, /664, /665. Thomas P. Buescher is the sole named inventor of the '752 patent. That creates a genuine, non-trivial § 102(b) question that a Patent Owner will raise:
- Because the family members were patented before 2017-12-14 (e.g., US 9,414,719 issued 2016-08-09), they are § 102(a)(1) art ("patented"), and the § 102(b)(2)(C) common-ownership exception does not reach § 102(a)(1) art. That favors the challenger.
- But § 102(b)(1)(A) ("the disclosure was made by the inventor or joint inventor…") may be invoked given Buescher's co-inventorship of the '196 disclosure. That favors the Patent Owner, at least for the subject matter Buescher contributed.
- I do not resolve this. It is a fact-intensive, claim-scope-adjacent question that turns on the face of the '196 family's inventorship and what each named inventor contributed. It must be briefed from the actual documents. Flagging it is the point: the strongest primary reference carries an availability risk that the Prior Art section's "closest prior art" framing did not account for.
C. The point of novelty, decomposed
All three independent claims share one structural core and one functional core. The structural core is a switch in each leg of a plurality of legs of the gas-valve power supply (i.e., a double-pole disconnect: one switch in the supply leg, one in the return leg). The functional core is switch-position feedback to the controller — and in claim 1/8, the same double-throw pole that carries power in position one injects a position signal in position two.
Everything else in the independent claims (controller, gas valve, burner, draft inducer, processor+memory) is admitted or conventional. The prior art section already established that no single reference discloses the combined core. The § 103 questions are therefore:
- Is it obvious to move from a single-pole master/gas-valve switch to a double-pole switch in both legs?
- Is it obvious to make the switch self-reporting to the controller?
- Are (1) and (2) separately obvious and, if so, is combining them obvious?
D. Combination 1 — Independent Claim 1
Primary: US 9,568,196 B2 (Emerson, Furmanek et al., issued 2017-02-14) — and its family publications, notably US 2015/0330664 A1 (published 2015-11-19).
Secondary: US 6,050,281 A (Honeywell, Adams/Hill/Strand, issued 2000-04-18).
Tertiary: US 3,112,876 A (Sullivan Valve, issued 1963-12-03).
Background/admissions: the '752 specification's own Background.
D.1 Element mapping
| Claim 1 element | Reference disclosure | Notes |
|---|---|---|
| "controller configured to control an operation of heating device having a powered draft inducer" | US 9,568,196: control system with controller controlling a gas-powered water heater; family discloses the controller as a computing device with processor + memory. Powered draft inducer = admitted prior art (the '752 Background: "Powered vent water heaters have typically used a master on/off switch…"; "a large inductive fan load, for example about 2 amps at 120 volts, due to the powered draft inducer"). | Admitted art needs no combination — MPEP 2144.04 / In re Fout. |
| "gas valve assembly configured to control a flow of a fuel gas to a burner" | US 9,568,196: main gas valve coupled to main burner; "valve control system… configured to selectively hold the main gas valve in an open position to provide gas to a main burner." | Met. |
| "switch assembly comprising a switch in each leg of a plurality of legs of a power supply to the gas valve assembly" | Gap in the primary. US 9,568,196's family (US 2015/0330664) discloses "a valve control system includes a first switch and a second switch… electrically connected in series between the power source and the electrically actuated gas valve." That is two switches in the same (hot) leg, not one in each of supply and return. | This is the structural gap. Candidate fillers: US 3,112,876 (two-stage valve with "floating switches" — switch topology in a gas valve) and the admitted prior art ("a manual gas shut off valve or an electrical switch that disconnects the gas valve from electrical power"). A DPDT switch is a standard double-pole disconnect. |
| "supply power and a return… in a first position and to open the plurality of legs… in a second position" | US 9,568,196's two series switches "selectively couple power from the power source to the electrically actuated gas valve" (position one) and open it (position two); combined with the DPDT/double-pole disconnect teaching. | Rendering the return leg openable is the point of a double-pole device. |
| "switch assembly configured to indicate a position of the switch assembly to the controller" | US 9,568,196 family (US 2015/0330663 A1): a safety switch with a first state and a second state, whose state is fed to "a control pin of the controller 306" via a safety switch control circuit 40. That is switch-state feedback into the controller. | Strong secondary element. Confirmed from live full text this session. |
| "first double-throw switch configured to supply power… in the first position and to inject a switch assembly position signal to the controller in the second position" | The DPDT device itself: one pole carries power in position one; the unused ("off") contact in position two carries the position signal. US 9,568,196 family's control-pin sensing supplies the "to the controller" half. | This is the closest thing to the point of novelty, and it is the combination's weakest link — see § H. |
D.2 Why a PHOSITA would combine — motivation
- Same field, same problem, same assignee. US 9,568,196 is an Emerson water-heater gas-valve control; the '752 is an Emerson water-heater gas-valve control. KSR treats a finite, identified, predictable solution space in the same field as strong evidence of obviousness. A designer starting from the '196 control system and told to eliminate the appliance master switch would look first at the valve-control switching.
- The problem is stated in the '752 itself as an admitted design goal — the Background expressly says "If the valve has a system level switch that effectively stops operation of the water heater when off and disconnects power from the gas valve coil, the OEM can eliminate the master switch." An inventor's own statement of the problem is admissible as evidence of the reason to modify.
- US 6,050,281 supplies the valve-drive environment and the bridge-rectifier element (see the search-confirmed text: "Source 17 may include a transformer and rectifier bridge. In a typical gas valve system, the transformer may supply current at a nominal voltage of 24 volts AC"; control signals supplied by "a control circuit 35 which is preferably implemented with a microprocessor"). This maps onto claim 4/15's bridge rectifier and the controller-supervises-valve-switching concept.
- US 3,112,876 supplies the switch-topology teaching in the very art of gas valves (two-stage valve with floating switches), supporting that multi-switch valve-control topologies were known and combinable with '196's valve control system.
- Predictable result. IEEE/industry-standard DPDT wiring, relay interlock, and sense-line practices mean the combination produces nothing more than the expected result: a double-pole disconnect that removes power from both valve legs and reuses a spare contact to signal state.
E. Combination 2 — Independent Claim 8
Primary: US 9,568,196 B2 (plus family).
Secondary: US 6,050,281 A.
Tertiary: US 3,112,876 A.
Claim 8 adds four constraints. Mapping the added elements:
| Added element (claim 8) | Disclosure / reasoning |
|---|---|
| "processor communicatively coupled to a memory device" | US 9,568,196 family computing device: "The processor 202 is configured for executing instructions. In some embodiments, executable instructions are stored in the memory area 204." Confirmed verbatim from live text this session. Met. |
| "combustion chamber coupled in flow communication with a forced draft inducer" | Admitted prior art — the '752 Background describes powered-vent water heaters and the powered draft inducer drawing ~2 A. Also structurally conventional (fan 116 + motor 118 + shaft 120 in the '752's own FIG. 1). |
| "inducer fan relay controlled by the processor and configured to supply power to the forced draft inducer" | Relay-controlled inducer fans are routine in power-vent appliances (and the '752's FIG. 1 shows inducer fan relay 156 and gas valve relay 154 coupled serially between mains 162 and switch assembly 132). The "serially coupled relays" architecture of claim 9 is directly depicted there. |
| switch assembly supplies power and return "to only the gas valve assembly" (negative limitation) | In US 9,568,196 / US 2015/0330664, the valve-control-system switches are dedicated to the electrically actuated gas valve — the two switches sit between the power source and the valve and control nothing else. The negative limitation is therefore met (or at minimum obvious as a dedicated-control-path design). This is also the limitation that ties to the patent's stated advantage (lighter-duty switch). |
| "indicate a position… to the controller in both the first position and the second position" | US 2015/0330663's safety switch has two states with control-pin feedback — i.e., a state signal in both states. |
| "first double-throw switch… inject a switch assembly position signal… in the second position" | Same as D.1 — the weakest element. |
Motivation is the same as Combination 1, reinforced by the fact that the '752's own FIG. 1 arranges the gas-valve relay and inducer fan relay serially — an arrangement that a PHOSITA would reach by ordinary relay-ladder practice (interlock the inducer relay ahead of the valve relay so the valve cannot open without proven draft). Claim 9's "inducer fan relay is configured to supply power to the gas valve relay" is, standing alone, about as close to a definition of serial interlock as a claim can get.
F. Combination 3 — Independent Claim 18 (method)
Claim 18's steps (1)–(2) — supplying power to the gas valve relay and inducer fan through the inducer fan relay, and supplying power to the gas fuel valve switch — are the apparatus architecture of Combos 1–2, recast as method steps. Steps (3)–(5) are the crux:
| Claim 18 step | Disclosure / reasoning |
|---|---|
| sense a position signal "that includes a first component having a first electrical characteristic and a second component having a second electrical characteristic" when the switch is open | Embodiment: AC component + DC component. The single hardest element in the patent. I found no reference on the face of the '752 and no reference in the cited art that discloses encoding switch position as presence/absence of a DC offset on an AC sense line. The '752 itself characterizes this as reuse of an existing circuit ("existing circuits for gas valve sense (Gas Valve Normally Open relay contact check)"). |
| sense the position signal "that includes only the first component" when the switch is closed | The complementary state. Same reference gap. |
| "operating the water heater controller using the sensed position" | US 9,568,196's safety-switch control circuit feeding a controller pin, combined with US 6,908,300 (shutdown logic) as background. |
Honest read: claim 18 is the weakest § 103 target of the three independents. Steps (1)–(2) are easy; steps (3)–(4) require a reference teaching the AC-only vs. AC+DC state encoding. The best available hook is that the technique — biasing an AC sense line with a DC level to distinguish switch states — is a known signal-conditioning technique (MPEP 2143 known-technique rationale), and that the '752 admits the sense circuit already existed. But I could not verify a reference, and I will not manufacture one.
G. Dependent-claim mapping (§ 103, one line each)
| Claim | Added limitation | Combination basis |
|---|---|---|
| 2, 12 | second double-throw switch connecting the return path in position one, opening it in position two | DPDT construction; US 3,112,876 switch-topology teaching + US 9,568,196 valve control |
| 3, 14 | manually operated switch | Admitted prior art ("a manual gas shut off valve or an electrical switch"); ordinary DPDT manual disconnect. Note: this is where US 6,050,281 cuts against the challenger — see § H. |
| 4, 15 | bridge rectifier coupling | US 6,050,281's "Source 17 may include a transformer and rectifier bridge" |
| 5, 6, 16 | controller senses switch position; AC-only in one position | US 9,568,196 family control-pin sensing + US 6,050,281 microprocessor control |
| 7 | AC + DC in the first position (see § H.4) | Same as claim 18, plus the internal-inconsistency problem |
| 9 | inducer fan relay supplies gas valve relay | Serial relay ladder; '752's own FIG. 1 architecture; admitted powered-vent practice |
| 10, 11 | processor receives gas-relay-output voltage / a DC voltage signal to indicate position | Application of US 9,568,196's control-pin/feedback sensing to a relay output; DC-offset sensing (claim 11) recurs to the claim-18 gap |
| 13 | the two double-throw switches are ganged together | This is literally the definition of a DPDT switch. Strongest single dependent claim for the challenger. |
| 17 | AC + DC in the second position | Consistent with the '752's "off contacts supply a low current DC voltage" passage — better supported than claim 7, but still the claim-18 reference gap |
H. Where the § 103 case is weak — and the Patent Owner's best rebuttals
A rigorous analysis must state the counterarguments, not just the case.
1. "No reference teaches a switch in each leg." The two switches in the '196 family are in series in the same leg ("electrically connected in series between the power source and the electrically actuated gas valve"). The '752 requires one switch in the supply leg and one in the return leg. A Patent Owner will argue these are electrically and functionally different: series switches in the hot leg are a redundancy measure; a double-pole disconnect is a dual-leg isolation measure. The challenger must show the motivation to move from redundant-single-leg to double-pole. The '752's own Background helps the challenger here (it frames the goal as "disconnects power from the gas valve coil" and "open the plurality of legs"), but this is a genuine dispute.
2. US 6,050,281 arguably teaches away from the manual switch of claims 3/14. The reference's own background criticizes electro-mechanical approaches: "Mechanical components are more prone to deterioration and failure, and hence likely to have a shorter useful life than functionally equivalent solid state implementations," and it touts solid-state switches precisely to eliminate mechanical relay failure. Claim 3/14 requires a manually operated switch, and claims 1/8/12/13 require a mechanical double-throw switch. A Patent Owner can argue that using US 6,050,281 as a combination reference for a mechanical DPDT is contra its teaching. Counter: KSR cautions that a reference is only "teaching away" if it criticizes, discredits, or otherwise discourages the claimed solution; general preference for solid-state over mechanical is a design trade-off (cost, 2 A load, isolation), not a teaching away from a manual disconnect switch — which the '752's own Background admits is standard on water heaters. This is the single most contestable point in the whole analysis.
3. The "inject a position signal" element lacks a clean reference. US 2015/0330663's safety switch is a solid-state/program-controlled switch with a control-pin feedback, not a manually operated double-throw switch whose unused mechanical contact carries the sense signal. The challenger needs the additional insight that the unused contact of the manual DPDT can serve as the injection point. That is arguably an exercise of ordinary mechanical-electrical design skill, but the Federal Circuit has vacated obviousness findings built on exactly this kind of "no reference actually discloses it, but it would have been design choice" reasoning. This is the soft spot in claims 1 and 8.
4. Internal inconsistency may hurt the challenger as much as the Patent Owner. As the Summary section flagged (and I confirm, not correct): claim 7 recites AC + DC "when the switch assembly is in the first position," while claim 17 recites AC + DC "in the second position," and the specification says AC+DC twice "in the first position" yet its FIG. 2 discussion and its "off contacts supply a low current DC voltage" passage tie the DC offset to the switch being off. For § 103 purposes this means the challenger should chart claims 16/17 (AC-only in first, AC+DC in second) as the operative reading and treat claim 7 as an apparent drafting error. A parallel § 112 indefiniteness attack on claim 7 is available and is not reachable in an IPR — it lives only in district court or ex parte reexam.
5. No secondary-considerations evidence is on record either way. No litigation over this patent was found (per the Litigation section), so there is no nexus/objective-indicia record to weigh. That cuts both ways: no commercial-success evidence to rebut, but also no adjudicated finding to lean on.
I. Overall assessment and recommended strongest combination
| Claim | § 103 strength (my assessment) | Leading combination |
|---|---|---|
| 1 | Moderate. Five of six elements are met by US 9,568,196 family + admitted art; the "each leg" and "inject a position signal" elements require a real but arguable combination. | US 9,568,196 (US 2015/0330664) + US 3,112,876 + US 6,050,281 + admitted prior art |
| 8 | Moderate to moderate-strong. The strongest of the three, because "processor coupled to a memory device" is met verbatim and the negative limitation "only the gas valve assembly" is satisfied by '196's dedicated valve-control switches. | Same as claim 1, plus admitted powered-vent/inducer/relay art |
| 18 | Weak. Steps (1)–(2) are easy; the AC-vs-AC+DC state encoding is unreferenced on this record. | Same as claim 1, plus a (currently unidentified) signal-conditioning teaching — flag as unresolved |
| 13 | Strongest dependent claim. "Ganged together" is the DPDT definition. | Any DPDT reference |
| 3, 14 | Contested. Manual switch is admitted art, but US 6,050,281's anti-mechanical teaching cuts into the motivation. | Admitted prior art; brief the teaching-away point |
Recommended primary attack if you are drafting a petition: a single-reference-plus-admitted-art theory built on US 9,568,196 (with family publication US 2015/0330664 for the two-switch valve-control disclosure and US 2015/0330663 for the control-pin switch-state feedback), relying on the '752 specification's own Background as an admission that power-vent water heaters use a the gas valve/master switch and a ~2 A powered draft inducer, and using US 3,112,876 only for the gas-valve switch-topology teaching. Keep US 6,050,281 in reserve for claims 4/15 (bridge rectifier) — do not make it a load-bearing motivation reference for the mechanical-switch claims, because of the solid-state preference discussed in § H.2.
Strategic note that connects to the PTAB section: all of these references are examiner-cited and of record. In an IPR, that invites § 325(d) discretionary denial under Advanced Bionics. If the goal is a PTAB challenge, the higher-value work is finding a non-cumulative reference that teaches the switch-position-injection element — precisely the element with the weakest record support. That is where the patent's actual validity resides, and where the prosecution history (non-final action 2021-11-08 → allowance 2022-03-08 on App. 16/796,446) should be mined.
J. Confidence and caveats
- High confidence: the element mappings for US 9,568,196's processor/memory limitation, the family's two-switch valve-control-system disclosure, the safety-switch control-pin feedback, and US 6,050,281's microprocessor + transformer/rectifier-bridge disclosure — all four were confirmed from live full text this session (US 2015/0330664 and US 2015/0330663 via the Emerson family records; US 6,050,281 via its own specification and claims; the "processor 202 / memory area 204" language via the US 9,414,719 specification, a same-family member).
- Cannot verify: (a) whether US 9,568,196 itself (as opposed to US 9,414,719) names Buescher — the co-inventor confirmation came from the family record and must be checked on the face of '196 before relying on the § 102(b) analysis in § B; (b) any reference disclosing the AC-only vs. AC+DC switch-position encoding — not found, and I have not inferred one; (c) the full disclosure of US 3,112,876, which I relied on at title-and-abstract level only, consistent with the Prior Art section's labeling.
- Do not auto-correct: I have used US 7,497,386 B2 as the Prior Art section did, while noting that the printed front page of '752 shows "US7497386B2." I did not silently reconcile that. Likewise I have not repaired "double- throw" or the first/second-position AC+DC inconsistency.
- Not legal advice / not an invalidity opinion. This is a technical-analyst § 103 assessment built on the reference profiles available in this record plus limited live verification. A patentability-grade or validity-grade opinion requires full-text review of every reference, the prosecution history of App. 16/796,446, and the § 102(b) inventorship analysis flagged in § B.
Generated 9/29/2026, 9:41:46 PM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
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