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 Status
Claims 1,6,8,14 and 17 have been amended.
Claims 3-5,7,15,16 and 20 have been canceled.
Claims 1,2,6,8-14 and 17-19 are pending and examined as follows:
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. DE102020203424, filed on 3/17/2020.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Heat exchanging unit in claim 1.
Secondary air supply arrangement in claim 17.
Ventilation air driving unit in claim 18.
Preheating portion in claim 19.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The specification defines the heating exchanging unit as piping (paragraph 0080, lines 1-3). The specification defines the secondary air supply arrangement is apertures to the side of the primary duct 22a (Fig. 5). The specification defines the ventilation air driving unit as a fan (fan 28, Fig. 3). The specification defines the preheating portion as a flow duct (paragraph 0106, lines 1-3, Fig. 4A).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 6, the phrase “in particular” renders the claim indefinite because it is unclear what is part of the claim. The limitation is connected to a use of the apparatus and not limiting the actual structure of the invention.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1,2,6,10,11,12,13 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Katsutoshi et al (JPS59185937A).
With regards to claim 1, Katsutoshi et al discloses a heating apparatus (heat exchanger 2, Fig. 5), for recreational vehicles like campers or caravans, comprising: a heating unit and two separate heat exchanging units (inner trunk 1 having multiple heat absorbing parts 2a,2b, Fig. 1-5), the heat exchanging units are coupled to the heating unit in parallel with each other (multiple heat absorbing parts 2a,2b are coupled to the inner trunk 1 in parallel with each other, Fig. 4); wherein the heating unit comprises one burner for each heat exchanging unit (burners 11a and 11b for each of multiple heat absorbing parts 2a,2b, Fig. 1-3)and at least one combustion air fan unit configured to supply the burners with combustion air (fan 7 configured to supply burners 11a and 11b with combustion air, Fig. 1-5); wherein the burners are configured to burn fuel gas or liquid further supplied to each of the burners together with the combustion air received from the at least one combustion air fan unit to receive hot exhaust gases (burners 11a and 11b configured to perform high intensity combustion by being supplied air from fan 7, Fig. 1-3); wherein the heat exchanging units are configured to receive the hot exhaust gasses from the burners and to transfer heat from the hot exhaust gasses to fluids to be heated, provided within the heat exchanging units (heat absorbing parts 2a,2b are configured to received heated air from burners 11a and 11b to transfer heated air to exhaust air pipe, Fig. 1 and 2); and, wherein the heat exchanging units are positioned in parallel with each other side (heat absorbing part 2a, 2b are positioned parallel to each side, Fig. 1-5); wherein the heating apparatus further comprises a heat exchanging units housing shell wherein the heat exchanging units housing shell is configured to enclose the heat exchanging units at least partly, such that the heat exchanging units cannot be separated from each other without removing the heat exchanging units housing shell (outer shell 5 encloses heat absorbing part 2a, 2b such that they are assembled and cannot be removed when inserted, Fig. 4); wherein the heat exchanging units housing shell further configured to be coupled to the heating unit in a releasable manner (outer shell 5 encloses heat absorbing part 2a, 2b such that they are assembled and cannot be removed when inserted, Fig. 4); wherein the heat exchanging units housing shell is configured to couple the heating unit and the heat exchanging units to each other in a such manner that for removal of the heat exchanging units housing shell and this for disassembling of the heating apparatus, the heat exchanging units housing shell at first has to be decoupled from the heating unit (outer shell 5 encloses heat absorbing part 2a, 2b such that they are assembled when placed in the inner body 1, Fig. 5).
With regards to claim 2, Katsutoshi et al discloses wherein the heating unit, the first exchanging unit and the second heat exchanging unit are provided as independent self-contained arrangements coupled to each other in a releasable manner to form the heating apparatus (heat absorbing part 2a, 2b are independent and separated by partition port 13, support portion 14 and partition plate 15 and each part shown to be separable, Fig. 5).
With regards to claim 6, Katsutoshi et al discloses wherein the first heat exchanging unit is configured to transfer heat from the hot exhaust gasses to a liquid to be heated (heat absorbing part 2a is part of a water heater, Fig. 1,2).
With regards to claim 10, Katsutoshi et al discloses wherein the heating unit comprises only one single combustion air fan unit and wherein the single combustion air fan unit is configured to supply all of the burners with combustion air (fan 7 is the only air source to supply air passages 6a and 6b with air that is sent to burners 11a and 11b, Fig. 1 and 2).
With regards to claim 11, Katsutoshi et al discloses wherein the burners are coupled to the single combustion air fan unit in parallel with each other such that a flow of combustion air generated by the single combustion air fan unit is split between the burners (burners 11a and 11b are coupled to a single fan by air passages 6a and 6b, Fig. 2). With regards to claim 12, Katsutoshi et al discloses wherein the at least one combustion air fan unit has only one single combustion air fan for generating the flow of combustion air for the burners, and wherein the single combustion air fan in particular comprises only one single fan wheel, preferably in the form of an impeller (fan 7 is the only air source to supply air passages 6a and 6b with air that is sent to burners 11a and 11b and fan 7 is a single impeller, Fig. 1 and 2).
With regards to claim 13, Katsutoshi et al discloses wherein the at least one combustion air fan unit has one combustion air fan for generating the flow of combustion air for each burner, wherein each combustion air fan is in particular provided just within the combustion air flow path leading to its corresponding burner and not within the combustion air flow path to one of the other burners, and wherein each of the combustion air fans in particular comprises only one fan wheel, preferably in the form of an impeller (fan 7 is the only air source to supply air passages 6a and 6b with air that is sent to burners 11a and 11b and fan 7 is a single impeller, Fig. 1 and 2).
With regards to claim 19, Katsutoshi et al discloses wherein the heating unit further comprises a preheating portion configured to receive exhaust gases from the heat exchanging units and to transfer heat from the exhaust gasses to the combustion air (secondary air through the dispersion plate 20 and the air is supplied to the burner group 1a or 1b as the preheated secondary air, page 2 lines 22-26).
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.
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Katsutoshi et al as applied to claim 1 above, and further in view of Jager et al (DE102018006492A1).
With regards to claim 8, Katsutoshi et al discloses the heat exchanging units are provided with
exhaust gasses piping for guiding the exhaust gasses through respective heat exchanging unit and for transferring the heat from the exhaust gasses to the fluid to be heated; wherein in particular the exhaust gasses piping has a tubular shape with several loops within the corresponding heat exchanging unit (air comes from fan 7 through trunk 5A to go through 3 loops to get to exhaust piping 4, Fig. 2)
Katsutoshi et al does not disclose the heat exchanging units are provided with at least one additional heating element configured to heat the fluid to be heated.
Jager et al teaches the heat exchanging units are provided with at least one additional heating element configured to heat the fluid to be heated (heating system 1 has an electric heater 70 to preheat fluid and/or air, Fig. 4).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Katsutoshi et al and Jager et al before him or her, to modify the heat exchanging units of Katsutoshi et al to include the heating element of Jager et al because the additional heating element allow for preheating which increases efficiency of a heating apparatus.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Katsutoshi et al as applied to claim 1 above, and further in view of Jenkins et al (US20160051078).
With regards to claim 9, Katsutoshi et al does not disclose the heating unit comprises a printed circuit board assembly coupled to the burners and configured to operate the burners independently of each other to heat the fluids in the heat exchanging units independently of each other.
Jenkins et al teaches a control knob for burners comprising a printed circuit board assembly coupled to the burners and configured to operate the burners independently of each other to heat the fluids in the heat exchanging units independently of each other (the control knob 1240 shown therein includes a base assembly 1242 including among other features, a drive motor 1250, a printed circuit board assembly (PCBA) 1256, and a power supply 1264 and is operable to rotate an internal drive shaft 1270 of the control knob 1240 via a drive gear 1254 meshed with a pinion 1252 of the drive motor 1250. Wherein the internal drive shaft 1270 is coupleable via one or more couplers or adapters 1280 to a control shaft of the cooking unit (not shown) which is associated with a respective burner or cooking location, paragraph 0100, lines 19-24).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Katsutoshi et al and Jenkins et al before him or her, to modify the control the burners of Katsutoshi et al to include the control knob of Jenkins et al because the control knobs allow for independent control of burners.
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Katsutoshi et al as applied to claim 1 above, and further in view of Gangoli et al (US20160348904).
With regards to claim 14, Katsutoshi et al does not disclose teaches burners that comprises two nozzles configured to supply fuel gas or liquid to a combustion area in which the fuel gas or liquid is to be burned with the combustion air; and wherein each of the two nozzles is coupled to its own fuel gas or liquid valve, preferably a monostable valve being switchable between an opened and a closed operation state, to control the fuel gas or liquid supply for each of the two nozzles independently of each other.
Gangoli et al teaches burners that comprises two nozzles configured to supply fuel gas or liquid to a combustion area in which the fuel gas or liquid is to be burned with the combustion air (burner 10 having nozzles 22 and 30 to distributed reactant to be burned, Fig. 2A); and wherein each of the two nozzles is coupled to its own fuel gas or liquid valve, preferably a monostable valve being switchable between an opened and a closed operation state (control valves 26 and 32 can open and close, Fig. 2A), to control the fuel gas or liquid supply for each of the two nozzles independently of each other (each nozzle 22 and 30 are connected to control valves 26 and 32 for receiving reactant, Fig. 2A).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Katsutoshi et al and Gangoli et al before him or her, to modify the burner of Katsutoshi et al to include the nozzle of Gangoli et al because the burner assembly having two nozzles allows for efficient heating.
Claim(s) 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Katsutoshi et al as applied to claim 1 above, and further in view of Deckers (EP0898125A1).
With regards to claim 17, Katsutoshi et al does not disclose a secondary air supply arrangement configured to provide a flow of secondary air to both of the burners.
Deckers teaches a heating apparatus having a secondary air supply arrangement configured to provide a flow of secondary air to both of the burners (fan 7 configured to provide secondary air different from fans 22 to provide air over burner 20, Fig. 4).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Katsutoshi et al and Deckers before him or her, to modify the heating unit of Katsutoshi et al to include the secondary fan of Deckers because the secondary fan allows for increased temperature regulation in a heating apparatus.
With regards to claim 18, Katsutoshi et al does not disclose the heating unit further comprises a ventilation air driving unit, and wherein the ventilation air driving unit is configured to generate a flow of ventilation air to be heated within the heating apparatus through the heating apparatus.
Deckers teaches a heating apparatus having the heating unit further comprises a ventilation air driving unit, and wherein the ventilation air driving unit is configured to generate a flow of ventilation air to be heated within the heating apparatus through the heating apparatus. (fan 7 configured to provide ventilation air different from fans 22 to provide air over burner 20 through air channel 4, Fig. 4).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Katsutoshi et al and Deckers before him or her, to modify the heating unit of Katsutoshi et al to include the fan of Deckers because the secondary fan allows for increased temperature regulation in a heating apparatus.
Response to Arguments
Applicant's arguments filed 12/4/2025 have been fully considered but they are not persuasive.
Applicants argument: Applicant argues the prior art does not disclose or teach the amended limitations of claim 1.
Examiners response: Applicant amended claim 1 to include “wherein the heating apparatus further comprises a heat exchanging units housing shell, wherein the heat exchanging units housing shell is configured to enclose the heat exchanging units at least partly, such that the heat exchanging units cannot be separated from each other without removing the heat exchanging units housing shell, wherein the heat exchanging units housing shell further is configured to be coupled to the heating unit in a releasable manner, wherein the heat exchanging units housing shell is configured to couple the heating unit and the heat exchanging units to each other in such a manner that for removal of the heat exchanging units housing shell and thus for disassembling of the heating apparatus, the heat exchanging units housing shell at first has to be decoupled from the heating unit”. Katsutoshi et al discloses a heating apparatus (heat exchanger 2, Fig. 5), for recreational vehicles like campers or caravans, comprising: a heating unit and two separate heat exchanging units (inner trunk 1 having multiple heat absorbing parts 2a,2b, Fig. 1-5), the heat exchanging units are coupled to the heating unit in parallel with each other (multiple heat absorbing parts 2a,2b are coupled to the inner trunk 1 in parallel with each other, Fig. 4); wherein the heating unit comprises one burner for each heat exchanging unit (burners 11a and 11b for each of multiple heat absorbing parts 2a,2b, Fig. 1-3)and at least one combustion air fan unit configured to supply the burners with combustion air (fan 7 configured to supply burners 11a and 11b with combustion air, Fig. 1-5); wherein the burners are configured to burn fuel gas or liquid further supplied to each of the burners together with the combustion air received from the at least one combustion air fan unit to receive hot exhaust gases (burners 11a and 11b configured to perform high intensity combustion by being supplied air from fan 7, Fig. 1-3); wherein the heat exchanging units are configured to receive the hot exhaust gasses from the burners and to transfer heat from the hot exhaust gasses to fluids to be heated, provided within the heat exchanging units (heat absorbing parts 2a,2b are configured to received heated air from burners 11a and 11b to transfer heated air to exhaust air pipe, Fig. 1 and 2); and, wherein the heat exchanging units are positioned in parallel with each other side (heat absorbing part 2a, 2b are positioned parallel to each side, Fig. 1-5); wherein the heating apparatus further comprises a heat exchanging units housing shell wherein the heat exchanging units housing shell is configured to enclose the heat exchanging units at least partly, such that the heat exchanging units cannot be separated from each other without removing the heat exchanging units housing shell (outer shell 5 encloses heat absorbing part 2a, 2b such that they are assembled and cannot be removed when inserted, Fig. 4); wherein the heat exchanging units housing shell further configured to be coupled to the heating unit in a releasable manner (outer shell 5 encloses heat absorbing part 2a, 2b such that they are assembled and cannot be removed when inserted, Fig. 4); wherein the heat exchanging units housing shell is configured to couple the heating unit and the heat exchanging units to each other in a such manner that for removal of the heat exchanging units housing shell and this for disassembling of the heating apparatus, the heat exchanging units housing shell at first has to be decoupled from the heating unit (outer shell 5 encloses heat absorbing part 2a, 2b such that they are assembled when placed in the inner body 1, Fig. 5).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS JOHN WARD whose telephone number is (571)270-1786. The examiner can normally be reached Monday - Friday, 7am - 4pm.
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/THOMAS J WARD/Examiner, Art Unit 3761
/EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761