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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4, 7, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson (US 7509033) in view of Salinger (US 3997760).
Jackson discloses in reference to claim:
A tank (12) for liquid comprising: a liquid receiving chamber (14), a shell (20) at least partially surrounding the chamber (14), and at least one resistive electric element (26) that can be positioned at least partially inside the chamber (14), wherein the tank (12) comprises, for receiving the or at least one of the electric resistive elements (26), two orifices (24) facing each other, one of them, (24) being formed in the chamber (14) and the other (6) being formed in the shell (20), where the orifices (24) are connected by a casing body (44) that includes a bottom (B) and a peripheral side wall (46), where the casing body and the chamber are made of a synthetic material (read as man-made), in that the casing body (44), the bottom (B) of which is holed(bore through which the heating element is mounted), forms a connecting sleeve connecting said orifices (24) to one another, in that the hole 10 in the bottom (B) of the casing body (44) is externally bordered by a rim (11) forming a tubular projection (12) inserted into the orifice (24) of the chamber (14), and in that the resistive electrical element (26), which can be positioned inside the casing body (44) so that it is coaxial with the hole in the bottom (B) of the casing body (44) in order to project into the chamber (14) via said hole , is of an elongate body (26).
Jackson discloses Tank 12 comprises a blow-molded inner plastic shell 14 (a vertically extending portion of which being shown in FIG. 1) with a horizontally inwardly inset annular well portion 16. Complementarily received within well portion 16 is an annular injection molded insert 18. A resin-impregnated filament winding layer 20 envelopes the shell 14 and extends outwardly around the insert 18 as shown, and functions to externally reinforce the tank against the forces of pressurized heated water 22 stored in the tank 12 for on-demand delivery therefrom in the usual manner to one of more plumbing fixtures communicated with the tank interior via suitable supply piping (not shown) operatively coupled to the tank 12.
PNG
media_image1.png
1078
1002
media_image1.png
Greyscale
PNG
media_image2.png
298
400
media_image2.png
Greyscale
PNG
media_image3.png
365
359
media_image3.png
Greyscale
Jackson does not explicitly disclose a seal slipped over the resistive electrical element (26), this seal, in fluid tight contact with the resistive electrical element (26), being configured so that it, in collaboration with the resistive electrical element (26), seals the hole in the bottom of the casing body (44) in a fluid tight manner when the resistive electrical element (26) is in place inserted into said hole.
Salinger discloses the use of a resilient seal 44 slipped over the heating element 32 and in fluid tight contact with the resistive electrical element (32), being configured so that it, in collaboration with the resistive electrical element (32), seals the hole in the casing body (12a) in a fluid tight manner when the resistive electrical element (32) is in place inserted into said hole.
PNG
media_image4.png
541
952
media_image4.png
Greyscale
For the purpose of ensuring a watertight seal for the mounting of the heating element by providing additional or redundant means of sealing from fluid intrusion, one of skill in the art would find it obvious to modify the construction of Jackson to include a resilient seal (as taught by Salinger) slipped over the heating element and in fluid tight contact with the resistive electrical element, being configured so that it, in collaboration with the resistive electrical element, seals the hole in the casing body in a fluid tight manner when the resistive electrical element is in place inserted into said hole.
12. A method for manufacturing a tank (1) for liquid as claimed in one of claim 1, said liquid tank (1) comprising a liquid receiving chamber (2), a shell (3) surrounding the chamber (2) and at least one resistive electrical element (13) equipped with a seal (14) and which can be positioned at least partly inside the chamber (2), wherein with the tank (1) comprising, to receive the or at least one of the resistive electrical elements (13), two orifices (5, 6) facing one another, one of them (5) formed in the chamber (2) and the other (6) in the shell (3), said method comprises a step of positioning a casing body (7) in a position in which the casing body (7) forms a connecting sleeve connecting the orifices (5, 6) of the chamber (2) and of the shell (3) to one another, the chamber (2) and the casing body (7) being made of a synthetic material, this casing body (7) having a peripheral side wall (9) and a holed bottom (8) where the hole (10) in the bottom (8) of the casing body (7) is externally bordered by a rim (11) to form a tubular projection (12) inserted into the orifice (5) in the chamber (2) when the casing body (7) is in position in said position, and a step of positioning the resistive electric element (13) inside the casing body (7) coaxial with the hole (10) in the bottom (8) of the casing body (7) so as to project via the hole (10) into the chamber (2), the seal (14), with which the resistive electrical element (13) is in bearing sealed contact, being configured so that in collaboration with said resistive electrical element (13), it seals the hole (10) in the bottom (8) of the casing body (7) in a fluid tight manner when the resistive electrical element (13) is in place inserted in said hole (10) in the casing.
See claims 1-4, 7-9 mutatis mutandis.
The tank (1) for liquid as claimed in claim 1, wherein the seal (14) takes the form of an elastically deformable block equipped with at least two through-passages (141), said block being preferably equipped with annular bulges (142) on its periphery surrounding said passages (141).
Note one of skill in the art having the knowledge, creativity and common sense would when modifying Jackson, provide the resilient seal in the highlighted area in the figure below, leading to the seal taking the form of an elastically deformable block equipped with at least two through-passages (corresponding to the two legs of the Jackson element), said block being preferably equipped with annular bulges (as shown at A) on its periphery surrounding said passages.
PNG
media_image5.png
441
625
media_image5.png
Greyscale
3. The tank (1) for liquid as claimed in either of claim 1, wherein insulation (18) is positioned between the chamber (14) and the shell (20) and surrounds the casing body (44).
The tank (1) for liquid as claimed in one of claim 1, wherein the peripheral side wall (46) of the casing body (44) is equipped with an external peripheral flange (16) positioned bearing against that part of the internal or external surface of the shell (20) that surrounds the hole (24) in the shell (20).
PNG
media_image6.png
365
466
media_image6.png
Greyscale
7. The tank (1) for liquid as claimed in one of claim 1, wherein the tank (1) comprises a fixing piece (30) for fixing the resistive electrical element (26) to the casing body (44), this fixing piece (30) being able to be slipped over the resistive electrical element (26) after the seal and being able to be coupled by screw-fastening members (32) to the casing body (44), this casing body (44) comprising at least one screw-fastening well (48) produced as one piece with said body (44).
9. The tank (1) for liquid as claimed in one of claim 1, wherein the elongate body (36) of the at least one resistive electrical elements (26) is a hairpin tubular body inside which there are housed a resistive wire (38) and at least one hot-melt component (37), the ends of the hairpin which are produced in the form of two parallel branches (34, 36) each being equipped with an electrical connector (64, 66) via which the seal is slipped over said branches. See Figure 1
Regarding claim 8, Jackson discloses the claimed invention except the depression in the shell and a cap within the depression. Jackson discloses a depression in the inner tank wall, one of skill in the art having reasonable creativity would be motivated to indent the outer shell such that a cap or cover could be placed over the heating element terminal for reasons of safety and aesthetics, the cap being able to be flush mounted with the shell away from the depressed area to provide cover to the electrical connections.
Allowable Subject Matter
Claims 5-6, 10-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 02/18/2026 have been fully considered but they are not persuasive.
Applicant argues that Jackson fails to disclose the use of a synthetic material for the chamber and the casing body. However, it is noted that the term “synthetic material” has not been given any explicit definition within the original disclosure. Although Applicant suggests some materials that can be considered “synthetic”—no express definition is put forth, nor are the specific materials claimed. As such the interpretation of “synthetic material” to include materials that are “man-made”—including high heat conductive metals which are known to include aluminum and steel is reasonable. Applicant further argues that Jackson is concerned with high heat conductivity of casing body 44 and therefore the use of plastic as proposed by Applicant would not be appropriate. It is again noted that although Jackson suggests copper as a possible material for the casing body 44, Jackson by no means limits the casing body to being only made from copper. Specifically, Jackson suggests that any high heat conductive material will suffice—which includes high heat conductive synthetic materials. Additionally it is noted that Applicant argues that the claimed inventions explicitly requires that the synthetic material act as a heat insulator however it is not clear where such a limitation is found in the claims. Applicant argues that the two orifices are not connected by the casing body 44 of Jackson, however, as can be seen by the figures of Jackson the casing body 44 connects to both the orifices and therefore serves to connect the two orifices to each other. Applicant’s argument that it is impossible to modify the device as proposed by the examiner is not persuasive, since the proposed seal shown in the rejection can be placed before final assembly, or may be presented with a slit form to allow it to be placed over the u-shaped element.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
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, Ibrahime Abraham can be reached at 5712705569. 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.
/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
tsc
Prosecution Insights