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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/13/2026 has been entered.
Response to Arguments
Applicant's arguments filed 04/13/2026 have been fully considered but they are not persuasive. Applicant’s arguments regarding Saito and “a predetermined pressure” are addressed below in new grounds of rejection.
Applicant argues that Kawashima US20170067654A1 does not teach a detachable trapping unit. Examiner expressly disagree, ¶11 of Kawashima expressly teaches a detachable and replaceable filter.
Applicant’s arguments against JP3174054U amounts to attacking the references individually. JP3174054U expressly teaches the induction heater downstream of the heat exchanger. One of ordinary skill in the art contemplating the teaching of JP3174054U in combination with Saito would discern from Figures 1 of the respective references that there are finite number of possible locations to place induction heater 42 of JP3174054U in Figure 1 of Saito; before the trap or after the trap. The purpose of Saito’s trap is to remove scale from heated water, thus common sense would lead one of ordinary skill in the art to place the trap downstream of the heater.
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, 5, 6, 12, 13, 14, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saito JP2016117051 in view of Applicant’s admitted prior art.
Regarding claim 1, Saito JP2016117051 discloses a hot water supply apparatus (Fig. 1) comprising:
a heat exchanger configured to heat water for hot water supply (heat exchanger 5);
a pressure controller provided in a subsequent stage of the heat exchanger, the pressure controller being configured to pressurize the water for hot water supply (Fig. 2 shows a detailed view of trap 10, pressure control valve 19); and
a trap configured to promote deposition of scale (scale removal device 10), the trap being provided in a subsequent stage of the pressure controller (seen in Fig. 2; the limitation is interpreted in light of instant claim 12 and instant Fig. 6).
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Saito does not expressly disclose the pressure controller being configured to pressurize the water to a predetermined pressure.
Applicant’s admitted prior art (¶3 and ¶4 of instant specification) teaches that it is known in the art to adjust the pressure of water to adjust the amount of precipitation. One of ordinary skill in the art would recognize that it is an understood physical phenomenon that the pressure of a fluid varies the fluids solubility and thus the amount of precipitant. ¶25-¶28 of instant specification further affirm the examiner’s assertion that this is a known and understood phenomenon.
Thus, the pressure of the water is a results effective variable which varies the amount of scale which falls out of solution.
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 such that the pressure controller controlled the pressure to a predetermined pressure since doing so amounts to routine optimization of an art recognized results effective variable in the art with the known predictable result of varying the amount of scale.
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Regarding claim 2, Saito further teaches the hot water supply apparatus of claim 1, wherein an inner diameter of the trap is larger than an inner diameter of a water pipe before and after the trap (Saito, Fig. 2, 11a is larger in diameter than 12).
Regarding claim 5, Saito further teaches the hot water supply apparatus of claim 1, wherein the trap is configured to be able to supply water from outside and discharge water to outside (Saito, Fig. 2, inlet 12a, outlet 13 and/or drain 15, water can be provided from outside the trap and discharged outside the trap; alternatively, Fig. 6 shows water provided from outside via 25 and water can be discharged outside via drain 15).
Regarding claim 6, Saito further teaches the hot water supply apparatus of claim 2, wherein the trap is configured to be able to supply water from outside and discharge water to outside. (Saito, Fig. 2, inlet 12a, outlet 13 and/or drain 15, water can be provided from outside the trap and discharged outside the trap; alternatively, Fig. 6 shows water provided from outside via 25 and water can be discharged outside via drain 15).
Regarding claim 12, Saito further teaches the hot water supply apparatus of claim 1, wherein at least part of the pressure controller is integral with the trap (Saito, Fig. 2, pressure controller 19).
Regarding claim 13, Saito further teaches the hot water supply apparatus of claim 1, further comprising: a tank configured to store water for hot water supply in a subsequent stage of the trap (Saito, Fig. 1, tank 1).
Regarding claim 14, Saito further teaches the hot water supply apparatus of claim 1, further comprising: a pressurization mechanism configured to pressurize the water for hot water supply over a water circuit entirely (Saito, Fig. 1, pump 9).
Regarding claim 18, Saito further teaches the hot water supply apparatus of claim 1, wherein the heat source device of the heat exchanger is a heat pump (Saito, Fig. 1, heat pump corresponding to compressor 4).
Claim(s) 8, 9, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saito JP2016117051 (the reference and its translation were provided with the IDS filed 05/03/2022) in view of Applicant’s admitted prior art in view of Kawashima et al. US20170067654.
Regarding claim 8, Saito does not expressly disclose the hot water supply apparatus of claim 1, wherein the trap is configured to be detachable and replaceable.
Kawashima et al. US20170067654 teaches in the field of scale trapping devices for a water heater (title) that it is known to provide a detachable and removable portion thereby allowing cleaning of blockages (¶11).
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 such that at least a portion of the trap is detachable and removable since doing so amounts to a known technique for improving scale traps with the known predictable result of allowing cleaning of blockages.
Regarding claim 9, Saito does not expressly disclose hot water supply apparatus of claim 2, wherein the trap is configured to be detachable and replaceable.
Kawashima et al. US20170067654 teaches in the field of scale trapping devices for a water heater (title) that it is known to provide a detachable and removable portion thereby allowing cleaning of blockages (¶11).
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 such that at least a portion of the trap is detachable and removable since doing so amounts to a known technique for improving scale traps with the known predictable result of allowing cleaning of blockages.
Regarding claim 11, Saito does not expressly disclose the hot water supply apparatus of claim 5, wherein the trap is configured to be detachable and replaceable.
Kawashima et al. US20170067654 teaches in the field of scale trapping devices for a water heater (title) that it is known to provide a detachable and removable portion thereby allowing cleaning of blockages (¶11).
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 such that at least a portion of the trap is detachable and removable since doing so amounts to a known technique for improving scale traps with the known predictable result of allowing cleaning of blockages.
Claim(s) 15, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saito JP2016117051 in view of Applicant’s admitted prior art in view of JP3174054U (the reference and its translation were provided with the IDS filed 05/03/2022).
Regarding claim 15, Saito does not expressly disclose the hot water supply apparatus of claim 1, further comprising: an eddy current heater provided between the heat exchanger and the pressure controller, the eddy current heater being configured to heat the water for hot water supply.
JP3174054U teaches a heat pump hot water system (fig. 1) wherein an induction (or eddy current) heater (induction heater 42) is provided on the return side of the heat pump heat exchanger (Fig. 1, heat pump 32) thereby providing necessary heat when the heat pump is unable (¶22 of the provided translation).
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 an induction (or eddy current) heater provided on the return side of the heat pump heat exchanger, as taught by JP3174054U, since doing so amounts to a known technique for improving heat pump water heater systems with the known predictable result of providing additional heat.
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One of ordinary skill in the art contemplating the teaching of JP3174054U in combination with Saito would discern from Figures 1 of the respective references that there are finite number of possible locations to place induction heater 42 of JP3174054U in Figure 1 of Saito. Those would be before the trap or after the trap. The purpose of Saito’s trap is to remove scale from heated water, thus common sense would lead one of ordinary skill in the art to place the trap downstream of the heater.
Regarding claim 17, the previously combined references do not expressly disclose hot water supply apparatus of claim 15, wherein a material of a portion of the water pipe heated by the eddy current heater is stainless steel.
Saito JP2016117051 teaches constructing the water pipe of various materials including stainless steel ¶58, ¶59 of the provided translation.
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 such that a portion of the water pipe is made of stainless steel since doing so amounts to a simple substitution or selection of known materials with the known predictable result of functioning as a conduit for the water.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saito JP2016117051 in view of JP3174054U in view of Applicant’s admitted prior art in view of Nomoto et al. US20150226453.
Regarding claim 16, the previously combined references do not expressly disclose the hot water supply apparatus of claim 15,
wherein the heat exchanger is configured to heat the water for hot water supply to a temperature within a temperature range in which scale is not precipitated, and
the eddy current heater is configured to heat the water for hot water supply to a temperature higher than the temperature range.
The difference between the prior art and the claimed subject matter amounts to a selection of operating temperatures for the respective heat sources.
Nomoto et al. US20150226453 ¶2, ¶31, ¶37, Fig. 5 teaches that the solubility of scale in water decreases as the temperature of water increases which would be general knowledge of one of ordinary skill in the art.
Nomoto et al. US20150226453 further teaches that in a water heating system with two heat sources (heat exchangers 4 and 5) that varying the operating temperatures of the heat sources varies the deposition of scale and that operating temperatures can be selected to control the location where scale is deposited in the system (¶31-¶37 with particular importance to ¶32 and ¶37).
Thus, the operating temperatures of the heat pump heat exchanger and eddy current heater are results effective variables which vary the solubility of scale in water and concurrently control the location in the system where scale precipitates.
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 such that the operating temperatures of the heat sources are within the claimed range since doing so amounts to the routine optimization of a results effective variable in the art with the known predictable result of controlling the location where scale is deposited in the system. MPEP 2144.05 II
Conclusion
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.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hoang can be reached at 517-272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEEPAK A DEEAN/ Examiner, Art Unit 3762 /MICHAEL G HOANG/ Supervisory Patent Examiner, Art Unit 3762
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