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 filed 12/10/2025 have been fully considered but they are not persuasive.
Applicant argues that Miyake JP2015-137817 A fails to teach:
the eave is at least partially located below the upper surface of the flat portion,
the eave comprises:
a base end portion connected to a portion of peripheral edge of the drainage hole; and
a distal end portion extending from the base end portion, wherein the base end portion and the distal end portion are located below the upper surface of the flat portion.
Examiner respectfully disagrees. The broad claim language only requires two respective “portions” which are below the flat portion of the bottom plate.
Examiner presents a new interpretation of the prior art and selecting respective portions which would meet the claimed subject matter.
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Regarding the language “connected to a portion of peripheral edge”, the broad term connected is interpreted to be inclusive of connections by way of intervening elements.
Applicant’s argues that Miyake’s drainage hole and eave are not formed by cutting and bending a single part. Applicant’s arguments are not substantiated by the language of the claims. The claims do not require a single integrally formed part. The claims do not exclude multiple parts at least one of which is formed by cutting and bending.
In response to applicant's argument that Miyake utilizes different materials, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
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.
Claim(s) 1, 4-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2018-84379 A in view of JP2015-137817 A.
Regarding claim 1, JP2018-84379 A discloses a combustion device comprising:
a casing (Fig. 1) comprising a bottom plate (Fig. 2-5, abstract);
a combustion unit housed in the casing (abstract, Fig. 1, combustion part 2); and
a fan housed in the casing and configured to take in air inside the casing and supply the air to the combustion unit (Fig. 1, fan 7),
wherein the bottom plate is provided with a flat portion and a recess recessed downward from the flat portion (seen in Fig. 2, recessed or concave portion 16),
the recess is provided with a drainage hole (drain hole 20 or 21)
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JP2018-84379 A does not expressly disclose an eave arranged above the drainage hole, the drainage hole is located below an upper surface of the flat portion, and
the eave is at least partially located below the upper surface of the flat portion,
the eave comprises:
a base end portion connected to a portion of peripheral edge of the drainage hole; and
a distal end portion extending from the base end portion, wherein the base end portion and the distal end portion are located below the upper surface of the flat portion.
JP2015-137817 A teaches a heating device (abstract) comprising a casing (Fig. 1) having a bottom plate (Fig. 9 and 10, bottom surface 1a) wherein the bottom plate is provided with a recessed portion (8, Fig. 9) and a drain opening (8c) further comprising :
an eave arranged above the drainage hole (Fig. 9 and Fig. 10, element 72), the drainage hole is located below an upper surface of the flat portion (seen in Fig. 9), and
the eave is at least partially located below the upper surface of the flat portion (seen in Fig. 9),
the eave comprises:
a base end portion connected to a portion of peripheral edge of the drainage hole (See annotated Fig. 9, below); and
a distal end portion extending from the base end portion, wherein the base end portion and the distal end portion are located below the upper surface of the flat portion (See annotated Fig. 9, below).
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JP2015-137817 A teaches that such a configuration provides the benefit of preventing freezing of the drain (page 5, last paragraph of the provided English translation).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with an eave as taught by JP2015-137817 A, since doing so amounts to a known technique for improving similar drains with the known predictable result of preventing freezing of the drain.
Regarding claim 4, the previously combined references teach the combustion device according to claim 1, wherein the recess comprises a first plate inclined with respect to the flat portion, and the drainage hole is defined in the first plate (JP2018-84379 A , Fig. 2 and annotated Fig. 4.)
The limitations are interpreted in light of instant specification Fig. 5, Fig. 6, Fig. 7, Fig. 8 such that the portion selected may comprise various bends and other features. The identified first and second plates are at least partially inclined and facing each other.
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Regarding claim 5, the previously combined references teach the combustion device according to claim 4, wherein the eave is connected to an upper portion of a peripheral edge of the drainage hole (JP2015-137817 A, Fig. 9; the term “connected” is interpreted in the broadest reasonable interpretation).
Regarding claim 6, the previously combined references teach the combustion device according to claim 4, wherein the recess further comprises a second plate that is inclined with respect to the flat portion and arranged to face the first plate in a direction along the flat portion. (JP2018-84379 A , Fig. 2 and annotated Fig. 4.)
The limitations are interpreted in light of instant specification Fig. 5, Fig. 6, Fig. 7, Fig. 8 such that the portion selected may comprise various bends and other features. The identified first and second plates are at least partially inclined and facing each other.
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Regarding claim 7, the previously combined references teach the combustion device according to claim 2, wherein the recess comprises a first plate inclined with respect to the flat portion, the drainage hole is defined in the first plate (JP2018-84379 A , Fig. 2 and annotated Fig.4),
the eave is connected to an upper portion of a peripheral edge of the drainage hole (JP2015-137817 A, Fig. 9; the term “connected” is interpreted in the broadest reasonable interpretation), and
the recess further comprises a second plate that is inclined with respect to the flat portion and arranged to face the first plate in a direction along the flat portion. (JP2018-84379 A , Fig. 2 and annotated Fig. 4)
The limitations are interpreted in light of instant specification Fig. 5, Fig. 6, Fig. 7, Fig. 8 such that the portion selected may comprise various bends and other features. The identified first and second plates are at least partially inclined and facing each other.
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Regarding claim 8, the previously combined references teach the combustion device according to claim 3, wherein the recess comprises a first plate inclined with respect to the flat portion, the drainage hole is defined in the first plate (JP2018-84379 A , Fig. 2 and annotated Fig. 4),
the eave is connected to an upper portion of a peripheral edge of the drainage hole (JP2015-137817 A, Fig. 9; the term “connected” is interpreted in the broadest reasonable interpretation), and
the recess further comprises a second plate that is inclined with respect to the flat portion and arranged to face the first plate in a direction along the flat portion. (JP2018-84379 A , Fig. 2 and annotated Fig. 4)
The limitations are interpreted in light of instant specification Fig. 5, Fig. 6, Fig. 7, Fig. 8 such that the portion selected may comprise various bends and other features. The identified first and second plates are at least partially inclined and facing each other.
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Claim(s) 2, 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2018-84379 A in view of JP2015-137817 A and in view of Ibanez US20120124796.
Regarding claim 2, the previously combined references do not expressly disclose the combustion device according to claim 1, wherein the drainage hole and the eave are formed by cutting a part of the recess and bending the part inward.
The limitation is a product by process type limitation. MPEP2113
Ibanez US20120124796 teaches that cutting, bending, and drawing are known techniques for forming metal structures (abstract).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device such that the drainage hole and the eave are formed by cutting a part of the recess and bending the part inward, since doing so amounts to a simple substitution or selection of known techniques for forming metal components with known predictable results.
Regarding claim 3, the previously combined references do not expressly disclose the combustion device according to claim 1, wherein the drainage hole and the eave are formed by cutting a part of the recess and performing inward drawing to the part.
The limitation is a product by process type limitation. MPEP2113
Ibanez US20120124796 teaches that cutting, bending, and drawing are known techniques for forming metal structures (abstract).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device such that the drainage hole and the eave are formed by cutting a part of the recess and performing inward drawing to the part, since doing so amounts to a simple substitution or selection of known techniques for forming metal components with known predictable results.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2018-84379 A in view of JP2015-137817 A and in view of Ibanez US20120124796.
1Regarding claim 9, JP2018-84379 A discloses a combustion device comprising:
a casing (Fig. 1) comprising a bottom plate (Fig. 2-5, abstract);
a combustion unit housed in the casing (abstract, Fig. 1, combustion part 2); and
a fan housed in the casing and configured to take in air inside the casing and supply the air to the combustion unit (Fig. 1, fan 7),
wherein the bottom plate is provided with a flat portion and a recess recessed downward from the flat portion (seen in Fig. 2, recessed or concave portion 16),
the recess is provided with a drainage hole (drain hole 20 or 21) ,
the drainage hole is located below an upper surface of the flat portion (Seen in Fig. 2),
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JP2018-84379 A does not expressly disclose
the recess is provided with an eave arranged above the drainage hole,
the eave is at least partially located below the upper surface of the flat portion, and
the drainage hole and the eave are formed by cutting a part of the recess and bending the part inward.
JP2015-137817 A teaches a heating device (abstract) comprising a casing (Fig. 1) having a bottom plate (Fig. 9 and 10, bottom surface 1a) wherein the bottom plate is provided with a recessed portion (8, Fig. 9) and a drain opening (8c) further comprising :
an eave arranged above the drainage hole (Fig. 9 and Fig. 10, element 72), the drainage hole is located below an upper surface of the flat portion (seen in Fig. 9), and
the eave is at least partially located below the upper surface of the flat portion (seen in Fig. 9),
the eave comprises:
a base end portion connected to a portion of peripheral edge of the drainage hole (See annotated Fig. 9, below); and
a distal end portion extending from the base end portion, wherein the base end portion and the distal end portion are located below the upper surface of the flat portion (See annotated Fig. 9, below).
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JP2015-137817 A teaches that such a configuration provides the benefit of preventing freezing of the drain (page 5, last paragraph of the provided English translation).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with an eave as taught by JP2015-137817 A, since doing so amounts to a known technique for improving similar drains with the known predictable result of preventing freezing of the drain.
The cutting and bending limitation is a product by process type limitation. MPEP2113
Ibanez US20120124796 teaches that cutting, bending, and drawing are known techniques for forming metal structures (abstract).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device such that the drainage hole and the eave are formed by cutting a part of the recess and bending the part inward, since doing so amounts to a simple substitution or selection of known techniques for forming metal components with known predictable results.
Regarding claim 10, the previously combined references teach the combustion device according to claim 9, wherein the recess comprises a first plate inclined with respect to the flat portion, and the drainage hole is defined in the first plate (JP2018-84379 A , Fig. 2 and annotated Fig. 4.)
The limitations are interpreted in light of instant specification Fig. 5, Fig. 6, Fig. 7, Fig. 8 such that the portion selected may comprise various bends and other features. The identified first and second plates are at least partially inclined and facing each other.
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Regarding claim 11, the previously combined references teach the combustion device according to claim 10, wherein the eave is connected to an upper portion of a peripheral edge of the drainage hole (JP2015-137817 A, Fig. 9; the term “connected” is interpreted in the broadest reasonable interpretation).
Regarding claim 12. the previously combined references teach the combustion device according to claim 10, wherein the recess further comprises a second plate that is inclined with respect to the flat portion and arranged to face the first plate in a direction along the flat portion. (JP2018-84379 A , Fig. 2 and annotated Fig. 4.)
The limitations are interpreted in light of instant specification Fig. 5, Fig. 6, Fig. 7, Fig. 8 such that the portion selected may comprise various bends and other features. The identified first and second plates are at least partially inclined and facing each other.
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Regarding claim 13, JP2018-84379 A discloses a combustion device comprising:
a casing (Fig. 1) comprising a bottom plate (Fig. 2-5, abstract);
a combustion unit housed in the casing (abstract, Fig. 1, combustion part 2); and
a fan housed in the casing and configured to take in air inside the casing and supply the air to the combustion unit (Fig. 1, fan 7),
wherein the bottom plate is provided with a flat portion and a recess recessed downward from the flat portion (seen in Fig. 2, recessed or concave portion 16),
the recess is provided with a drainage hole (drain hole 20 or 21) ,
the drainage hole is located below an upper surface of the flat portion (Seen in Fig. 2),
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JP2018-84379 A does not expressly disclose
the recess is provided with an eave arranged above the drainage hole,
the eave is at least partially located below the upper surface of the flat portion, and
the drainage hole and the eave are formed by cutting a part of the recess and performing inward drawing to the part.
JP2015-137817 A teaches a heating device (abstract) comprising a casing (Fig. 1) having a bottom plate (Fig. 9 and 10, bottom surface 1a) wherein the bottom plate is provided with a recessed portion (8, Fig. 9) and a drain opening (8c) further comprising :
an eave arranged above the drainage hole (Fig. 9 and Fig. 10, element 72), the drainage hole is located below an upper surface of the flat portion (seen in Fig. 9), and
the eave is at least partially located below the upper surface of the flat portion (seen in Fig. 9),
the eave comprises:
a base end portion connected to a portion of peripheral edge of the drainage hole (See annotated Fig. 9, below); and
a distal end portion extending from the base end portion, wherein the base end portion and the distal end portion are located below the upper surface of the flat portion (See annotated Fig. 9, below).
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JP2015-137817 A teaches that such a configuration provides the benefit of preventing freezing of the drain (page 5, last paragraph of the provided English translation).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with an eave as taught by JP2015-137817 A, since doing so amounts to a known technique for improving similar drains with the known predictable result of preventing freezing of the drain.
The cutting and bending limitation is a product by process type limitation. MPEP2113
Ibanez US20120124796 teaches that cutting, bending, and drawing are known techniques for forming metal structures (abstract).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device such that the drainage hole and the eave are formed by cutting a part of the recess and bending the part inward, since doing so amounts to a simple substitution or selection of known techniques for forming metal components with known predictable results.
Regarding claim 14, the previously combined references teach the combustion device according to claim 13, wherein the recess comprises a first plate inclined with respect to the flat portion, and the drainage hole is defined in the first plate.
wherein the recess comprises a first plate inclined with respect to the flat portion, and the drainage hole is defined in the first plate (JP2018-84379 A , Fig. 2 and annotated Fig. 4.)
The limitations are interpreted in light of instant specification Fig. 5, Fig. 6, Fig. 7, Fig. 8 such that the portion selected may comprise various bends and other features. The identified first and second plates are at least partially inclined and facing each other.
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Regarding claim 15, the previously combined references teach the combustion device according to claim 14, wherein the eave is connected to an upper portion of a peripheral edge of the drainage hole (JP2015-137817 A, Fig. 9; the term “connected” is interpreted in the broadest reasonable interpretation).
Regarding claim 16, the previously combined references teach the combustion device according to claim 14, wherein the recess further comprises a second plate that is inclined with respect to the flat portion and arranged to face the first plate in a direction along the flat portion. (JP2018-84379 A , Fig. 2 and annotated Fig. 4.)
The limitations are interpreted in light of instant specification Fig. 5, Fig. 6, Fig. 7, Fig. 8 such that the portion selected may comprise various bends and other features. The identified first and second plates are at least partially inclined and facing each other.
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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 Deepak Deean whose telephone number is (571)270-3347. The examiner can normally be reached M-Th 10-4.
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, Edelmira Bosques can be reached at (571)270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEEPAK A DEEAN/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762