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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/25/2026 has been entered.
Response to Arguments
Applicant’s arguments, filed 02/25/2026, with respect to the 35 USC § 103 rejections have been fully considered and are persuasive in view of the amendments to the claims. Therefore, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made over Jackson (US5878192A) in view of Reifenberg (US2375871A) and Bourke (WO2009124345A1).
Specification
The disclosure is objected to because of the following informalities: In [0026], “aperture 202” should read “aperture 208”.
Appropriate correction is required.
Applicant is encouraged to carefully review the specification and drawings to identify and correct any potential objections not already identified by the Examiner in order to move prosecution forward.
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 5-7, 10 and 14 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 “about” in claim 5 is a relative term which renders the claim indefinite. The term “about 15 degrees to about 45 degrees” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For example, does 14 degrees cover about “15 degrees?” Does 46 degrees cover “about 45 degrees?” The specification is silent with regards to how “about 15 degrees” and “46 degrees” should be specifically interpreted. The same rejection applies to claims 6, 7, and 14 for use of “about” or “approximately” in the same context.
To overcome these rejections, it’s suggested to remove the “about” and “approximately” language.
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) 1, 5-7, 9-10, 14-15 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson (US5878192A) in view of Reifenberg (US2375871A) and Bourke (WO2009124345A1).
Regarding claim 1, Jackson teaches
a water heating system (vessel 10) comprising:
a tank having a wall and configured to hold a volume of water (wall 12), the tank having a longitudinal axis (as shown in the vertical direction on fig. 1);
a water inlet defined through the wall and configured to allow ingress of water into the tank (water inlet 14);
a water outlet defined through the wall and configured to allow egress of water from the tank (water outlet 18);
a second heating element disposed in a second portion of the tank (heating element 54 of fig. 5, applied to vessel 10 of fig. 1), the second portion being proximate the base of the tank (fig. 1); and
a second coupling disposed through the wall of the tank (“An elongate sheath type water heater element 20 has a mount 22 for sealing installation in port 24 through wall 12”) [col. 3 lines 64-66], the second coupling being configured to removably receive the second heating element (“the proximate end 68 of tube 52 may be detachably secured to the mount 22 so that the element 54 may be easily removed for replacement or repair”) [col. 5 lines 50-52]
Jackson does not teach
a first heating element disposed in a first portion of the tank and configured to contact the volume of water, wherein the first heating element has a substantially elongate shape and is inclined at a first predefined angle with respect to a base of the tank;
a first coupling disposed through the wall of the tank, wherein the first coupling defines an aperture configured to removably receive the first heating element therethrough along an axis of the aperture that is inclined at the first predefined angle such that a distal end of the first heating element is disposed at a position along the longitudinal axis of the tank that is below the first coupling;
wherein the first coupling is disposed through the wall of the tank at a position spaced apart, along the longitudinal axis of the tank, from a position where the second coupling is disposed through the wall of the tank
Reifenberg teaches
a first heating element disposed in a first portion of the tank and configured to contact the volume of water (upper heating element 17, fig. 1, in combination with lower heating element 16; In other words, Reifenberg teaches that it’s known in the art to utilize two heating elements within a liquid water heater)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Reifenberg to Jackson, i.e. utilizing two water heaters in Jackson, by duplicating the heating element 54 of Jackson in an upper portion of the vessel 10 as taught in Reifenberg, disclosed as a “booster” element in [col. 1 line 36 of Reifenberg], in order “to heat approximately the upper- quarter of the tank” [col. 1 line 38-39 of Reifenberg], thus effectively maintain a high water temperature in the upper portion of the tank proximate the water outlet 18 of Jackson.
Bourke teaches a coupling that defines an aperture configured to removably receive a heating element therethrough along an axis of an aperture that is inclined, or angled (fig. 3-4, aperture through tank 3.002 configured to removably receive pipe 3.010 therethrough along an axis of the aperture that is inclined at the first predefined angle; “the plate 4.006 can be provided with holes 4.007 to receive the bolts 1.007 bolts which attached to the wall of the tank”) [054]).
Jackson in view of Reifenberg teaches a first heating element as inclined in the manner claimed, however, the coupling element of Jackson is not disclosed to allow the heating element to be removable along an axis of the aperture that is inclined at the first predefined angle. Thus, when removing the upper and lower water heating apparatus 50 of Jackson it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the mounting configuration taught in Bourke (including the larger aperture of tank 3.002 to accommodate heat pipe 3.010, and plate 4.006, shown on figs. 3-4 of Bourke) to Jackson as modified, since the coupling method of Bourke allows for a larger aperture through the tank wall and thus easier removal of an angled heating element (without having to rotate the element to accommodate an aperture perpendicular to the tank), easing replacement in the event of a malfunctioning heating element.
The combination teaches
a first heating element disposed in a first portion of the tank and configured to contact the volume of water (water heating apparatus 50 comprising heating element 54 disposed in upper portion of tank as modified by Reifenberg; water flows through tube 52 of Jackson and contacts heating element 54 as disclosed in [col. 4 lines 51-56]), wherein the first heating element has a substantially elongate shape and is inclined at a first predefined angle with respect to a base of the tank (as shown on fig. 5 of Jackson);
a first coupling disposed through the wall of the tank, wherein the first coupling defines an aperture configured to removably receive the first heating element therethrough along an axis of the aperture that is inclined at the first predefined angle (coupling of figs. 3-4 of Bourke as applied to Jackson) such that a distal end of the first heating element is disposed at a position along the longitudinal axis of the tank that is below the first coupling (fig. 5 of Bourke, tube inlet 56 below mount 22);
wherein the first coupling is disposed through the wall of the tank at a position spaced apart, along the longitudinal axis of the tank, from a position where the second coupling is disposed through the wall of the tank (locations of heating elements 16 and 17 of fig. 1 of Reifenberg, as applied to Jackson)
Regarding claim 5, Jackson, as modified, teaches the water heating system of claim 1,
wherein the first predefined angle is in a range of about 15 degrees to about 45 degrees (as modified by Reifenberg, Jackson comprises a duplicative water heating apparatus 50 in the upper portion of the tank; as shown on fig. 5 of Jackson, the incline appears to be approximately 30°)
Regarding claim 6, Jackson, as modified, teaches the water heating system of claim 5,
wherein the first predefined angle is in a range of about 25 degrees to about 35 degrees (as modified by Reifenberg, Jackson comprises a duplicative water heating apparatus 50 in the upper portion of the tank; as shown on fig. 5 of Jackson, the incline appears to be approximately 30°)
Regarding claim 7, Jackson, as modified, teaches the water heating system of claim 6,
wherein the first predefined angle is approximately 30 degrees (as modified by Reifenberg, Jackson comprises a duplicative water heating apparatus 50 in the upper portion of the tank; as shown on fig. 5 of Jackson, the incline appears to be approximately 30°)
Regarding claim 9, Jackson, as modified, teaches the water heating system of claim 1,
wherein the second heating element is inclined at a second predefined angle with respect to the base of the tank (as shown on fig. 5 of Jackson, the incline appears to be approximately 30°)
Regarding claim 10, Jackson, as modified, teaches the water heating system of claim 9,
wherein the second predefined angle is in a range of zero degrees to about 45 degrees (as shown on fig. 5 of Jackson, the incline appears to be approximately 30°)
Regarding claim 14, Jackson teaches
a water heating system (vessel 10) comprising:
a tank having a wall and configured to hold a volume of water (wall 12), the tank having a longitudinal axis (as shown in the vertical direction on fig. 1);
a water inlet defined through the wall and configured to allow ingress of water into the tank (water inlet 14);
a water outlet defined through the wall and configured to allow egress of water from the tank (water outlet 18);
a second heating element disposed in a second portion of the tank and configured to contact the volume of water (heating element 54 of fig. 5, applied to vessel 10 of fig. 1; water flows through tube 52 and contacts heating element 54 as disclosed in [col. 4 lines 51-56]), the second portion being proximate the base of the tank (fig. 1), wherein the second heating element is inclined at a second predefined angle with respect to the base of the tank (angle of heating element 54, fig. 5) and configured to heat the water present in at least the second portion of the tank (fig. 1); and
a second coupling disposed through the wall of the tank (“An elongate sheath type water heater element 20 has a mount 22 for sealing installation in port 24 through wall 12”) [col. 3 lines 64-66], wherein the second coupling is configured to removably receive the second heating element therethrough (“the proximate end 68 of tube 52 may be detachably secured to the mount 22 so that the element 54 may be easily removed for replacement or repair”) [col. 5 lines 50-52]
the second predefined angle is in a range of about zero degree to about 45 degrees (as shown on fig. 5 of Jackson, the incline appears to be approximately 30°)
Jackson does not teach
a first heating element disposed in a first portion of the tank and configured to contact the volume of water and configured to heat water present in at least the first portion of the tank, the first portion being proximate a top end of the tank, wherein the first heating element has a substantially elongate shape and is inclined at a first predefined angle with respect to a base of the tank;
a first coupling disposed through the wall of the tank and positioned in an upper half of the tank, wherein the first coupling is configured to removably receive the first heating element therethrough along an axis of a first aperture that is inclined at the first predefined angle such that a distal end of the first heating element is disposed at a position along the longitudinal axis of the tank that is below the first coupling
a second coupling disposed through the wall of the tank and positioned in a lower half of the tank at a position spaced apart, along the longitudinal axis of the tank, from a position where the first coupling is disposed through the wall of the tank, wherein the second coupling is configured to removably receive the second heating element therethrough along an axis of a second aperture that is inclined at the second predefined angle
wherein the first predefined angle is in a range of about 15 degrees to about 45 degrees
Reifenberg teaches
a first heating element disposed in a first portion of the tank and configured to contact the volume of water and configured to heat water present in at least the first portion of the tank (upper heating element 17, fig. 1, in combination with lower heating element 16; In other words, Reifenberg teaches that it’s known in the art to utilize two heating elements within a liquid water heater)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Reifenberg to Jackson, i.e. utilizing two water heaters in Jackson, by duplicating the heating element 54 of Jackson in an upper portion of the vessel 10 as taught in Reifenberg, disclosed as a “booster” element in [col. 1 line 36 of Reifenberg], in order “to heat approximately the upper- quarter of the tank” [col. 1 line 38-39 of Reifenberg], thus effectively maintain a high water temperature in the upper portion of the tank proximate the water outlet 18 of Jackson.
Bourke teaches a coupling that defines an aperture configured to removably receive a heating element therethrough along an axis of an aperture that is inclined, or angled (fig. 3-4, aperture through tank 3.002 configured to removably receive pipe 3.010 therethrough along an axis of the aperture that is inclined at the first predefined angle; “the plate 4.006 can be provided with holes 4.007 to receive the bolts 1.007 bolts which attached to the wall of the tank”) [054]).
Jackson in view of Reifenberg teaches a first and second heating element as inclined in the manner claimed, however, the coupling element of Jackson is not disclosed to allow the heating elements to be removable along an axis of the aperture that is inclined at the first and second predefined angle. Thus, when removing the upper and lower water heating apparatus 50 of Jackson it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the mounting configuration taught in Bourke (including the larger aperture of tank 3.002 to accommodate heat pipe 3.010, and plate 4.006, shown on figs. 3-4 of Bourke) to Jackson as modified, since the coupling method of Bourke allows for a larger aperture through the tank wall and thus easier removal of an angled heating element (without having to rotate the element to accommodate an aperture perpendicular to the tank), easing replacement in the event of a malfunctioning heating element.
The combination teaches
a first heating element disposed in a first portion of the tank and configured to contact the volume of water and configured to heat water present in at least the first portion of the tank (water heating apparatus 50 comprising heating element 54 disposed in upper portion of tank as modified by Reifenberg; water flows through tube 52 of Jackson and contacts heating element 54 as disclosed in [col. 4 lines 51-56]]), the first portion being proximate a top end of the tank (fig. 1 of Reifenberg), wherein the first heating element has a substantially elongate shape and is inclined at a first predefined angle with respect to a base of the tank (water heating apparatus 50, fig. 5 of Jackson);
a first coupling disposed through the wall of the tank and positioned in an upper half of the tank, wherein the first coupling is configured to removably receive the first heating element therethrough along an axis of a first aperture that is inclined at the first predefined angle (coupling of figs. 3-4 of Bourke as applied to upper water heating apparatus 50 of Jackson, as modified by Reifenberg) such that a distal end of the first heating element is disposed at a position along the longitudinal axis of the tank that is below the first coupling (fig. 5 of Bourke, tube inlet 56 below mount 22)
a second coupling disposed through the wall of the tank and positioned in a lower half of the tank at a position spaced apart, along the longitudinal axis of the tank, from a position where the first coupling is disposed through the wall of the tank (locations of heating elements 16 and 17 of fig. 1 of Reifenberg, as applied to Jackson), wherein the second coupling is configured to removably receive the second heating element therethrough along an axis of a second aperture that is inclined at the second predefined angle (coupling of figs. 3-4 of Bourke as applied to lower water heating apparatus 50 of Jackson, as modified by Reifenberg)
wherein the first predefined angle is in a range of about 15 degrees to about 45 degrees (as modified by Reifenberg, Jackson comprises a duplicative water heating apparatus 50 in the upper portion of the tank; as shown on fig. 5 of Jackson, the incline appears to be approximately 30°)
Regarding claim 15, Jackson, as modified, teaches the water heating system of claim 14,
wherein the first portion of the tank is located above the second portion of the tank (as shown on fig. 1 of Reifenberg, as applied to Jackson) and the water outlet is located at an upper end of the tank (water outlet 18 as shown on fig. 1 of Jackson)
Regarding claim 19, Jackson, as modified, teaches the water heating system of claim 14,
wherein the first predefined angle is in a range from 15 degrees to 45 degrees (as modified by Reifenberg, Jackson comprises a duplicative water heating apparatus 50 in the upper portion of the tank; as shown on fig. 5 of Jackson, the incline appears to be approximately 30°)
Regarding claim 20, Jackson, as modified, teaches the water heating system of claim 1,
wherein a periphery of the aperture comprises threads configured to engage with threads of the first heating element (“The plate 4.006 is adapted to be affixed to the tank to provide a water tight connection. For example, the plate 4.006 can be provided with holes 4.007 to receive the bolts 1.007 bolts which attached to the wall of the tank” [054 of Bourke]; as shown on figs. 3-4 of Bourke, the bolt holes of plate 4.006 are configured to engage at a periphery of the aperture of tank 3.002)
Claim(s) 4, 12 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson (US5878192A) in view of Reifenberg (US2375871A) and Bourke (WO2009124345A1), in further view of Chaudhry (US20170059208A1).
Regarding claim 4, Jackson, as modified, does not teach the water heating system of claim 1, further comprising
a first thermostat configured to sense a temperature of water in the first portion of the tank
Chaudhry teaches
a first thermostat configured to sense a temperature of water in the first portion of the tank (upper temperature sensor 150, fig. 2 of Chaudhry)
Chaudhry teaches “A power source provides electric current to respective heating elements of assemblies 130 a and 130 b via electrical fittings 139 , and a control board communicates with respective temperature sensors ( 150 / 152 ) of assemblies 130 a and 130 b via electrical fittings 139” [0027] and “A control board processor (described below) monitors temperature of water in the tank based on a signal received from a temperature sensor 150 (discussed below) of upper heating assembly 130 a , actuating the heating elements of assemblies 130 a and 130 b when the processor detects a water temperature below a predetermined low threshold value and maintaining the heating elements in an actuated state until the processor detects water temperature above a predetermined high threshold value” [0029]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the control system of Chaudhry, including the temperature sensors 150 for each electric resistance heating assemblies 130a and 130b, to the system of Jackson in order to only operate the heating elements 54 when the water in the vessel 10 is below a threshold, thus improving the efficiency of the system.
Regarding claim 12, Jackson, as modified, does not teach the water heating system of claim 8,
further comprising a second thermostat configured to sense temperature of water in the second portion of the tank
Chaudhry teaches
further comprising a second thermostat configured to sense temperature of water in the second portion of the tank (lower temperature sensor 150, fig. 2 of Chaudhry)
Chaudhry teaches “A power source provides electric current to respective heating elements of assemblies 130 a and 130 b via electrical fittings 139 , and a control board communicates with respective temperature sensors ( 150 / 152 ) of assemblies 130 a and 130 b via electrical fittings 139” [0027] and “A control board processor (described below) monitors temperature of water in the tank based on a signal received from a temperature sensor 150 (discussed below) of upper heating assembly 130 a , actuating the heating elements of assemblies 130 a and 130 b when the processor detects a water temperature below a predetermined low threshold value and maintaining the heating elements in an actuated state until the processor detects water temperature above a predetermined high threshold value” [0029]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the control system of Chaudhry, including the temperature sensors 150 for each electric resistance heating assemblies 130a and 130b, to the system of Jackson in order to only operate the heating elements 54 when the water in the vessel 10 is below a threshold, thus improving the efficiency of the system.
Regarding claim 18, Jackson, as modified, does not teach the water heating system of claim 14, further comprising
a first thermostat configured to sense the temperature of water in the first portion of the tank, and
a second thermostat configured to sense the temperature of water in the second portion of the tank
Chaudhry teaches
a first thermostat configured to sense a temperature of water in the first portion of the tank (upper temperature sensor 150, fig. 2 of Chaudhry), and
a second thermostat configured to sense the temperature of water in the second portion of the tank (lower temperature sensor 150, fig. 2 of Chaudhry)
Chaudhry teaches “A power source provides electric current to respective heating elements of assemblies 130 a and 130 b via electrical fittings 139 , and a control board communicates with respective temperature sensors ( 150 / 152 ) of assemblies 130 a and 130 b via electrical fittings 139” [0027] and “A control board processor (described below) monitors temperature of water in the tank based on a signal received from a temperature sensor 150 (discussed below) of upper heating assembly 130 a , actuating the heating elements of assemblies 130 a and 130 b when the processor detects a water temperature below a predetermined low threshold value and maintaining the heating elements in an actuated state until the processor detects water temperature above a predetermined high threshold value” [0029]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the control system of Chaudhry, including the temperature sensors 150 for each electric resistance heating assemblies 130a and 130b, to the system of Jackson in order to only operate the heating elements 54 when the water in the vessel 10 is below a threshold, thus improving the efficiency of the system.
Allowable Subject Matter
Claims 13 and 21 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. The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 13, the subject matter not found includes “an actuator coupled to the first heating element, wherein the actuator is configured to adjust an inclination of the first heating element with respect to the base of the tank based on a user input”, in combination with the elements of claim 1 from which claim 13 depends. The closest art of record is Jackson in view of Reifenberg and Bourke, as applied in the current office action, however a modification to include the amended claim language would have been non-obvious to one of ordinary skill in the art. No other prior art was found to teach the claim in its entirety.
Regarding claim 21, the subject matter not found includes “the body portion having an outer peripheral surface, and an engaging portion recessed relative to the outer peripheral surface of the body portion, wherein the aperture is disposed in the engaging portion”, in combination with the elements of claim 1 from which claim 21 depends. The closest art of record is Jackson in view of Reifenberg and Bourke, as applied in the current office action, however a modification to include the amended claim language would have been non-obvious to one of ordinary skill in the art. No other prior art was found to teach the claim in its entirety.
Conclusion
The prior art of record not relied upon includes Nolte (US20170051946A1), Armstrong (US20180017270A1), and Ginossar (WO2013179285A1), which teach similar water heating systems to that claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRETT P. MALLON whose telephone number is (571)272-4749. The examiner can normally be reached Monday-Thursday from 8am to 5pm.
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/BRETT P. MALLON/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762