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 .
Response to Arguments
Applicant’s arguments with respect to the newly amended claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Reference number 205,206,and 207 are not found in the Figures. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1,6-12, and 17-29 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The amended claims disclose a second switch, while there is only a single switch disclosed in the written disclosure .
Additionally, the amended claim states, “and a bypass conduit fluidly connecting the bypass valve to the junction the bypass valve comprising a three-way junction configured to receive the flow of fluid from the tank in the first operating mode and from the bypass conduit in the second operating mode.” However, the written disclosure does not disclose that the fluid from the tank flows through the bypass valve.
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.
Claims 1,6-12, and 17-29 are 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.
The term, “ three-way junction” is not clear whether to interpret that the bypass conduit has additional junction or the “three way junction” is the junction defined in the claim earlier, that is it a single junction or two separate junctions, which seem to appear in the figures?
Claim Objections
Claims 1,6-12, and 17-29 are objected to because of the following informalities: In the amendment to claim 1, in lines 14 and 15, reversed the indefinite and indefinite articles, line 14 should read “a bypass conduit”, whilst line 15 should read “the bypass conduit”. The same informalities are present in claim 11.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1,6-7, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scime et al. (US 2006/0024036).
Regarding claim 1, Scime (S) discloses a water heater assembly for a recreation vehicle (10, Figure 1), the assembly comprising: a tank (12) comprising an interior configured to hold water within the tank, the tank comprising an inlet opening (18) configured to receive a flow of fluid from an input conduit (32) fluidly connecting a bypass valve (42) to the tank, the bypass valve positioned at the tank at a front portion proximate to an exterior (Figure 1), the bypass valve comprising a first switch (i.e., position) forming a first operating mode in which water is received and allowed to flow to the tank for heating, the bypass valve comprising a second switch forming a second operating mode in which an anti-freeze fluid is allowed to bypass the tank and flow downstream of the tank ([0018]), the tank comprising an outlet opening (22) configured to egress the flow of fluid to a junction (60,64, 56, i.e., mixing valve); a one-way valve (i.e., check valve integrated with (56), [0019], As a clarification, the check valve prevents backflow into the tank and would be positioned adjacent to (60) to be effective) positioned fluidly between the outlet opening and the junction, the one-way valve configured to permit flow from the tank to the junction and inhibit flow from the bypass conduit to the tank ([0019]); and a bypass conduit (74) fluidly connecting the bypass valve to the junction (via 68) the bypass valve (examined as bypass conduit, see comments below) comprising a three-way junction (68) configured to receive the flow of fluid from the tank (via 70) in the first operating mode and from the bypass conduit (via 74)in the second operating mode.
Based on the written disclosure the Office examined the claim with the following understanding of the invention: The terms, “a first switch” and “a second switch” are used in the claims, but because the specification only disclose a single switch the Office examined the claimant to mean “a first switch position” and “a second switch position” because that is what the invention discloses, a valve in a first or second position.
Regarding claim 6, Scime (S) discloses the assembly of claim 1, wherein the junction is a tee fitting (56, has 2 inputs and a singular output).
Regarding claim 7, Scime (S) discloses the assembly of claim 1, wherein the one-way valve is a check valve, a non-return valve, a reflux valve, a retention valve, a foot valve, a ball valve, a diaphragm, a swing, or a titling disc ([0019]).
Regarding claim 11, Scime (S) discloses a recreation vehicle, the recreation vehicle comprising: a passenger compartment; an exterior surface ([0002], typical RV configuration); and a water heater assembly (10), the assembly comprising: a tank comprising an interior configured to hold water within the tank (12), Figure 1), the tank comprising an inlet opening (18) configured to receive a flow of fluid from an input conduit (48) fluidly connecting a bypass valve (42) to the tank, the bypass valve positioned at the tank at a front portion proximate to the exterior surface (Figure 1), the bypass valve comprising a first switch forming a first operating mode in which water is received and allowed to flow to the tank for heating, the bypass valve comprising a second switch forming a second operating mode in which an anti-freeze fluid is allowed to bypass the tank and flow downstream of the tank ([0018]), the tank comprising an outlet opening (22) configured to egress the flow of fluid to a junction (60,64, 56, i.e., mixing valve); a one-way valve positioned fluidly between the outlet opening and the junction, the one-way valve configured to permit flow from the tank to the junction and inhibit flow from the bypass conduit to the tank ([0019]); and a bypass conduit (74) fluidly connecting the bypass valve to the junction, the bypass valve (examined as bypass conduit, see claim objections above) comprising a three-way junction (68) configured to receive the flow of fluid from the tank in the first operating mode and from the bypass conduit in the second operating mode.
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.
Claims 8-10, 12 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Scime et al. (US 2006/0024036) and Bedient (US 4,4,286,617).
Regarding claim 8, Scime (S) discloses the assembly of claim 1, but not a second one-way valve positioned fluidly between the bypass valve (20’) and the junction.
However, Bedient (B) discloses an antifreeze system for RVs (Abstract) wherein a second one-way valve (46, Figure 2) positioned fluidly between the bypass valve (20’) and the junction (28). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to insert one way valves in areas susceptible to backwashing and undesirable commingling of fluids within the system.
Regarding claim 9, Scime (S), as modified, discloses the assembly of claim 8, wherein the second one-way valve (46, Figure 2) is configured to inhibit back flow of the flow of fluid from the outlet opening of the tank (30) to the bypass conduit (51-37, C6, L52-62).
Regarding claim 10, Scime (S), as modified, discloses the assembly of claim 8, wherein the second one-way valve (46) is positioned at the bypass conduit (51-37).
Regarding claim 12, Scime (S) discloses the vehicle of claim 11,but not a front enclosure configured to allow access to the bypass valve from an exterior of the vehicle.
However, Bedient (B) discloses an antifreeze system for RVs (Abstract) comprising: a front enclosure (10, Figure 3, C5, L4-13) configured to allow access to the bypass valve from an exterior of the vehicle. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to mount valve and controls in an area easily accessible to the camper.
Regarding claim 17, Scime (S), as modified, discloses the vehicle of claim 11, the water heater assembly comprising: a second one-way valve (46, Figure 2) positioned fluidly between the bypass valve (20’) and the junction (28).
Regarding claim 18, Scime (S), as modified, discloses the vehicle of claim 17, wherein the second one-way valve (46) is configured to inhibit back flow of the flow of fluid from the outlet opening (30) of the tank to the bypass conduit (51-37, C6, L52-62).
Regarding claim 19, Scime (S), as modified, discloses the vehicle of claim 17, wherein the second one-way valve (46) is positioned at the bypass conduit (51-37).
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 JOHN E BARGERO whose telephone number is (571) 270-1770. The examiner can normally be reached Monday-Friday.
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, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
/JOHN E. BARGERO/
Examiner
Art Unit 3762
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