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 for Election/Restrictions
Applicant's election with traverse of Group V (claims 87-92) in the reply filed on 04/01/2026 is acknowledged. Non-elected Group I-IV are withdrawn from consideration.
On the Remark, filed on 04/01/2026, the applicants argued: “…Applicant respectfully traverses the lack-of-unity requirement because there has not been adequate establishment that the asserted common technical feature(s) fail to constitute the same or corresponding special technical features. In particular, the requirement characterizes a common feature only at a high level of generality and concludes, based on US 2018/0106501 A1, that such feature does not make a contribution over the prior art, but does not sufficiently explain that conclusion as applied to the claims as grouped. This election is made without admission that the examiner's characterization of the common feature set, the cited reference, or the claimed contribution is correct…”.
The examiner’s response: the applicant’s arguments are not persuasive by following reasons:
(1) The inventions Group I-V require the common technical feature, such as a heating element, also a tank, a circuit board, a heating element, an electronic switch, and/or a temperature sensor…they are not special technical features as they are well known in the art. For example, the prior art US20180106501A1 teaches the heating element 130a, 130b in fig.3, which are not a special technical features, nor make much contribution to the prior art. Thus, the inventions in Groups I-V lack unity of invention.
(2) There would be a search burden, the applicant is referred to MPEP 809.02 (a), which states the requirements for an election of species requirement. Note especially section (B) which states that “the species are preferably identified as the species of figures 1, 2, and 3” and that the distinguishing characteristics of the species should be stated only “in the absence of distinct figures of examples”.
Should applicant traverse on the ground that the species are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the species to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103(a) of the other invention.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/21/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. In this case, the present title, filed on 05/12/2023, is not clearly indicative of the invention. See MPEP 606.01.
The following tittle is suggested: --Water heater--
Drawings
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
In this case, the color drawing in figs.1-5, filed on 05/12/2023, are not accepted for the examination purpose.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every features of the invention specified in the claims. The limitation "a thermal path" as cited in lines 4-5, claim 1, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 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.
Claims 87-92 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
In claim 87:
The limitation “a thermal path” as cited in lines 4-5, is indefinite because it is unclear what is “a thermal path”? is it just a path or a physical structure?
The phrase “primary heat from water in the tank is transferred from the wall of the tank to the thermal path” as cited in lines 5-6, is indefinite because it is unclear what the purpose to transfer the heat from the tank to the thermal path for?
The phrase “… to sense a temperature of the thermal path including the primary heat and the secondary heat…” as cited in lines 15-16, is indefinite because it is unclear how only “a” temperature reading can include both primary and secondary heats?
The phrase “… the controller being configured to receive the temperature of the thermal path from the temperature sensor and to differentiate the secondary heat from the primary heat…” as cited in lines 15-16, is indefinite because it is unclear what corresponding structure to allow the controller to perform the function such as to differentiate the secondary heat from the primary heat?
Correction is required.
It is noted that the claim indefinite as set forth above, has caused the issue of understanding, claim analysis, claim interpretation and/or search during the examination purpose, such that that no Rejection under 102 and/or 103 has been made in the office action.
Allowable Subject Matter
Allowance of claims 87-92 is indicated: if an amendment is made to the independent claim 87, to overcome the Rejection 112b above.
The following is a statement of reasons for allowance:
Regarding claim 87, in light of 112f above, as best understood, Hinton et al. (US 20180106501 A1) discloses
A water heater (water heater 100, figs1-3) comprising:
a tank (cylindrical body 101, figs.1-2) configured to store water to be heated, the tank (cylindrical body 101) having a wall (cylindrical side wall 102, fig.3) defining an interior (interior water tank volume 108, fig.3);
a circuit board (circuit board 167b, fig.3) mounted to the wall (cylindrical side wall 102) of the tank (cylindrical body 101), the circuit board (circuit board 167b) 1
a heating element (heating element 130a, 130b, fig.3) mounted to the wall (cylindrical side wall 102) of the tank (cylindrical body 101) and extending into the interior (interior water tank volume 108) of the tank (cylindrical body 101);
an electronic switch (emergency cutoff device 167a, fig.3) mounted to the circuit board (circuit board 167b) and electronically coupled to the heating element (heating element 130a, 130b),
a temperature sensor (temperature sensor 165, second thermistor 169, fig.3)
a controller (controller 195, fig.4) electronically coupled to the temperature sensor (temperature sensor 165, second thermistor 169),
However, Hinton does not anticipate or renders fairly obvious in combination to teach the limitations as cited in the independent claim 87, such as the controller being configured to receive the temperature of the thermal path from the temperature sensor and to differentiate the secondary heat from the primary heat.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
04/05/2026
1 Strikethrough - means the prior art does not disclose.
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