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 .
Election/Restrictions
Applicant's election with traverse of claims 1-10 in the reply filed on 07/03/2025 is acknowledged. The traversal is on the ground(s) that “the independent claims of Inventions I and II both recite the limitation of "a temperature sensor to measure a temperature of fluid within said tube or within said container," and thus the process for using the product as claimed cannot be practiced by another materially different product. For this reason, Inventions I and II are not distinct”. This is not found persuasive because the process for using the product as claimed can still be practiced by another materially different product, such as a product where the temperature sensor is outside the tube, as a temperature sensor can be outside the tube and still measure a temperature of fluid within said tube or within said container.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “said heating element is external to said container” of claim 17 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 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.
Claim 17 is 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. Claim 17 recites “where said heating element is external to said container”. Applicant cites [0024] of applicant’s specification as support for this claim. However, [0024] recites “Heating element 131, for example and without limitation, generates heat from electric power and is as for example stainless steel cartridge heating elements as is known in the art, or externally heated element or coil. In various embodiments, the wiring between controller 132, heating element 131, and temperature sensor 139 may be outside of system wall 115 or within the center column 112”. This paragraph discloses that heating element 131 itself is externally heated, not that heating element 131 is external to container 110. Additionally, the wiring between controller 132, heating element 131, and temperature sensor 139 being outside of system wall 115 does not necessarily mean heating element 131 is also outside of system wall 115. None of the provided figures 1-7 show an arrangement wherein heating element 131 is external to said container. Thus, the claim contains subject matter which was not described in the initial disclosure.
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.
(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) 1-5 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sowani (US 20110282499 A1).
Regarding claim 1, Sowani teaches
a heat exchanger (fluid heater 1000) having a fluid inlet to accept a fluid (cold fluid inlet 102) and a fluid outlet to provide a processed fluid (hot fluid outlet 104), said heat exchanger comprising:
a container defining an exterior and an interior (fluid container 100), where said container includes a first opening through said container (opening for cold fluid inlet 102) and a second opening through said container (opening for hot fluid outlet 104), where one of said first opening or said second opening is the fluid inlet and where the other opening of said first opening and second opening is the fluid outlet (as shown on fig. 3);
a tube disposed within said container (tube of cold fluid inlet 102 extending through fluid container 100), where said tube has a first end (at top portion 118) and a second end (at bottom portion 114), where said first end is attached to said first opening, and where said second end is within said interior of said container (fig. 3);
a heating element disposed for heating the fluid within said container (first heating element 106, second heating element 108), and
a temperature sensor to measure a temperature of fluid within said tube or within said container (first temperature sensor 110, second temperature sensor 112),
where, when fluid inlet is provided with the fluid, the fluid flows through said tube, through said interior of said container, and through the fluid outlet (“the cold fluid inlet 102 is adapted to supply cold fluid (e.g., fluid that is not heated) to the inside 116 of the fluid container 100 . The cold fluid inlet 102 is preferably supplied under pressure, such that when hot fluid is drawn from a top portion 118 , the same amount of cold fluid enters the bottom portion 114 . The hot fluid outlet 104 is adapted for discharging the hot fluid contained inside the fluid container 100”) [0035]
Regarding claim 2, Sowani teaches the heat exchanger of claim 1,
where said first opening is the fluid inlet, and where, when fluid inlet is provided with the fluid, the fluid flows, sequentially, from the fluid inlet at said first end of said tube to said second end of said tube, and through said interior of said container to the fluid outlet (as described by the sequence in [0035]; wherein the tube is tube of cold fluid inlet 102 extending through fluid container 100)
Regarding claim 4, Sowani teaches the heat exchanger of claim 1,
where said container includes a top, a side, and a bottom, and where said first opening is an opening through said top, through said side, or through said bottom (as shown on fig. 3)
Regarding claim 5, Sowani teaches the heat exchanger of claim 1,
where said container includes a top, a side, and a bottom, and where said second opening is an opening through said top, through said side, or through said bottom (as shown on fig. 3)
Regarding claim 16, Sowani teaches the heat exchanger of claim 1,
where said heating element is within said container (first heating element 106, second heating element 108 within fluid container 100)
Regarding claim 1, Sowani, in an alternate interpretation, teaches
a heat exchanger (fluid heater 1000) having a fluid inlet to accept a fluid (cold fluid inlet 102) and a fluid outlet to provide a processed fluid (hot fluid outlet 104), said heat exchanger comprising:
a container defining an exterior and an interior (fluid container 100), where said container includes a first opening through said container (opening for hot fluid outlet 104) and a second opening through said container (opening for cold fluid inlet 102), where one of said first opening or said second opening is the fluid inlet and where the other opening of said first opening and second opening is the fluid outlet (as shown on fig. 3);
a tube disposed within said container (tube of for hot fluid outlet 104 extending through fluid container 100), where said tube has a first end (at top wall of fluid container 100) and a second end (at bottom inlet of for hot fluid outlet 104), where said first end is attached to said first opening, and where said second end is within said interior of said container (fig. 3);
a heating element disposed for heating the fluid within said container (first heating element 106, second heating element 108), and
a temperature sensor to measure a temperature of fluid within said tube or within said container (first temperature sensor 110, second temperature sensor 112),
where, when fluid inlet is provided with the fluid, the fluid flows through said tube, through said interior of said container, and through the fluid outlet (“the cold fluid inlet 102 is adapted to supply cold fluid (e.g., fluid that is not heated) to the inside 116 of the fluid container 100 . The cold fluid inlet 102 is preferably supplied under pressure, such that when hot fluid is drawn from a top portion 118 , the same amount of cold fluid enters the bottom portion 114 . The hot fluid outlet 104 is adapted for discharging the hot fluid contained inside the fluid container 100”; thus, flows through inlet, tube, interior of container, and outlet) [0035]
Regarding claim 3, Sowani, in an alternate interpretation, teaches the heat exchanger of claim 1,
where said second opening is the fluid inlet (opening for cold fluid inlet 102), and where, when fluid inlet is provided with the fluid, the fluid flows, sequentially, from the fluid inlet and into said interior of said container to said second end of said tube, and through said tube from said second end to said first end at the fluid outlet (as described by the sequence in [0035]; wherein the tube is tube of for hot fluid outlet 104 extending through fluid container 100)
Claim(s) 1-2, 10 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stapensea (US20070040042A1).
Regarding claim 1, Stapensea teaches
a heat exchanger (fig. 1) having a fluid inlet to accept a fluid (feed 4) and a fluid outlet to provide a processed fluid (tap 2), said heat exchanger comprising:
a container defining an exterior and an interior (supply 1), where said container includes a first opening through said container (opening for conduit 6) and a second opening through said container (opening for tap 2), where one of said first opening or said second opening is the fluid inlet and where the other opening of said first opening and second opening is the fluid outlet (as shown on fig. 1);
a tube disposed within said container (tube from feed 4 through conduit 7, extending through supply 1), where said tube has a first end (at feed 4) and a second end (at conduit 7), where said first end is attached to said first opening, and where said second end is within said interior of said container (fig. 1);
a heating element disposed for heating the fluid within said container (heating device 5), and
a temperature sensor to measure a temperature of fluid within said tube or within said container (sensor 11, sensor 12),
where, when fluid inlet is provided with the fluid, the fluid flows through said tube, through said interior of said container, and through the fluid outlet (as shown by flow arrows on fig. 1)
Regarding claim 2, Stapensea teaches the heat exchanger of claim 1,
where said first opening is the fluid inlet, and where, when fluid inlet is provided with the fluid, the fluid flows, sequentially, from the fluid inlet at said first end of said tube to said second end of said tube, and through said interior of said container to the fluid outlet (as shown by flow arrows on fig. 1)
Regarding claim 10, Stapensea teaches the heat exchanger of claim 1,
where said temperature sensor is within said tube (“First temperature detecting means 11 can also be arranged in conduit 6 upstream of pump means 8” [0034]; thus, sensor 11 within tube; further shown on fig. 1)
Regarding claim 17, Stapensea teaches the heat exchanger of claim 1,
where said heating element is external to said container (as shown on fig. 1)
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) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sowani (US20110282499A1) in view of Friedrich (US20070127899A1).
Regarding claim 6, Sowani teaches the heat exchanger of claim 1, further comprising:
a controller (controlling unit 200) including a processor and memory (“The controlling unit 200 may comprise a controller such as a microprocessor, and may be configured in the form of an IC (Integrated Circuit) chip” [0042]; memory inherent to Integrated Circuit chip as it can perform instructions disclosed below) and programmed to operate said heating element in response to measurements of said temperature sensor (“The controlling unit 200 may be adapted to selectively activate and deactivate one of the first heating element 106 and the second heating element 108 , based on the inputs received from the first temperature sensor and the second temperature sensor”) [0042]
Sowani does not teach
one or more flow elements to control the flow of accepted fluid through said heat exchanger;
a liquid level sensor disposed in said container, and
a controller programmed to operate said one or more flow elements and said heating element in response to measurements of said temperature sensor and liquid level sensor
Friedrich teaches
one or more flow elements to control the flow of accepted fluid through said heat exchanger (inlet valve 36);
a liquid level sensor disposed in said container (“A water sensor 31 may be coupled to the reservoir 22 and to the controller 24 for at least detecting at least one of the presence and absence of a desired quantity of water 28 in the reservoir 22”) [0019], and
a controller (controller 24) programmed to operate said one or more flow elements and said heating element in response to measurements of said temperature sensor and liquid level sensor (“If water 28 is not at the sensing level of 31, the controller 24 will interpret the water as being below the desired level and the controller 24 will open the inlet valve 36… When the temperature sensed by the temperature sensor 30 falls below a predetermined temperature level or range, the controller may activate the heater 26 over line 32 to increase the temperature of the water 28”) [0027-0028]
The system of Sowani can be modified to comprise the inlet valve 36 and water sensor 31 of Friedrich on system of fluid heater 1000. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make this modification in order to allow the fluid container 100 to fill when fluid levels are below a desired threshold, thus ensuring there is enough water in the system to be heated for future use.
Regarding claim 7, Sowani, as modified, teaches the heat exchanger of claim 6
where said one or more flow elements include a first pump to pressurize fluid entering said container at the fluid inlet and/or a second pump to provide suction to at the fluid outlet, or where the accepted fluid is pressurized (“The cold fluid inlet 102 is preferably supplied under pressure”) [0035 of Sowani] and where said one or more flow elements include one or more valves controllable to permit the pressurized fluid to flow through said heat exchanger (inlet valve 36 as provided by Friedrich modification)
Regarding claim 8, Sowani, as modified, teaches the heat exchanger of claim 6,
where said temperature sensor and said heating element are disposed near said top of said container (second heating element 108 and second temperature sensor 112 in top half of fluid container 100, thus “near” top of fluid container 100)
Regarding claim 9, Sowani, as modified, teaches the heat exchanger of claim 6,
where said temperature sensor and said heating element are disposed near said bottom of said container (first heating element 106 and first temperature sensor 110 in bottom half of fluid container 100, thus “near” bottom of fluid container 100)
Conclusion
The prior art of record not relied upon includes:
Roger (US2499782A), which teaches a similar heat exchanger to that claimed
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/BRETT PETERSON MALLON/Examiner, Art Unit 3762
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3762