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 claim(s) 1-3, 6-8, 10, 13-15, 18 and 19 have been considered but are moot because the new ground of rejection introduces a new reference that was not applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 16 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 16 includes identical language to claim 1 from which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 1-3, 6-8, 10, 13-16, 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO2017206305 (WO ‘305) in view of Zhu et al (CN 209524638). WO ‘305 discloses a water tank assembly (100) of a heating device, the water tank assembly includes a tank body (10) having a smoke inlet (104) and a smoke outlet (105), the tank body includes a first side plate (41) and a second side plate (41) opposite to the first side plate (SEE Figure 7); a condenser pipe (31) assembly disposed in the tank body and located at a side of the tank body, wherein the side of the tank body faces towards the smoke outlet; a main heat exchange pipe assembly (21) disposed in the tank body, heat exchange pipes of the main heat exchange pipe assembly closest to the smoke inlet being a first heat exchange pipe layer (Figure 7), the heat exchange pipes of the first heat exchange pipe layer being in communication with one another to form a serial water passageway; and a heat exchange fin assembly (22), the main heat exchange pipe assembly and the condenser pipe assembly at least partially passing through the heat exchange fin assembly (SEE page 8, lines 28-32). WO ‘305 further discloses front and rear plates (11 & 12) which are engaged with and connected to the first and second side plates (41) but does not specifically specify that they are insulated. Zhu et al teaches a water tank assembly including a combustion heat exchange assembly and further teaches that it was commonly known in the art to provide heat insulation plates (5-2, 6-2, for example) (SEE Figures 3 & 4) which reduces heat dissipation thus improving heating efficiency. It 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 subject matter pertains to have modified the front and rear plates of WO ‘305 to be heat insulation plates as was commonly known in the art and taught by Zhu et al for the purpose of improving the tank body by reducing heat dissipation. In re claim 2, WO ‘305 as modified by Zhu et al would meet the limitations of the applicants claimed invention since WO ‘305 further discloses a water tank assembly having a plurality of first water boxes (13) (SEE Figure 4) are disposed on the first side plate; a plurality of second water boxes (14) are disposed on the second side plate; and each of a water inlet (61) and a water outlet (62) of the water tank assembly is formed on the first side plate (Figure 4), and is in communication with one, corresponding to each of the water inlet and the water outlet, of the plurality of first water boxes (SEE Figure 7). In re claim 3, WO ‘305 as modified by Zhu et al would meet the limitations of the applicants claimed invention since WO ‘305 discloses that the plurality of first water boxes (13) and the plurality of second water boxes (14) are in communication with each other via the main heat exchange pipe assembly (21) and the condenser pipe assembly (31);the main heat exchange pipe assembly comprises a plurality of first heat exchange pipes; the condenser pipe assembly comprises a plurality of second heat exchange pipes (as per Figure 7); and the plurality of first heat exchange pipes or the plurality of second heat exchange pipes are arranged in layers in a direction from the smoke inlet to the smoke outlet (as per Figures 1, 6 and 7) (SEE page 3, lines 20-28). In re claim 8 (further limits claim 3), WO ‘305 as modified by Zhu et al would meet the limitations of the applicants claimed invention since WO ‘305 discloses that the plurality of first heat exchange pipes of the main heat exchange pipe assembly (21) are arranged in two layers in the direction from the smoke inlet to the smoke outlet (SEE Figure 7). In re claim 10 (further limits claim 3), WO ‘305 as modified by Zhu et al would meet the limitations of the applicants claimed invention since WO ‘305 discloses that the heat exchange fin assembly (22) includes a plurality of first fins arranged sequentially in a length direction of each of the plurality of first heat exchange pipes, each of the plurality of first fins having a through hole, and the first heat exchange pipe passing through the through hole (SEE Figures 6 & 8).
In re claim 6, WO ‘305 as modified by Zhu et al would meet the limitations of the applicants claimed invention since WO ‘305 further discloses that each of the plurality of first water boxes has an open side (106); each of the plurality of second water boxes has an open side (106) (SEE Figures 5, 7 and 11); and the tank body further comprises a first bottom plate (41) and a second bottom plate (41), the first bottom plate cooperating with the first side plate to cover the open side of each of the plurality of first water boxes, and the second bottom plate cooperating with the second side plate to cover the open side of each of the plurality of second water boxes (SEE Figure 7). In re claim 7, WO ‘305 as modified by Zhu et al would meet the limitations of the applicants claimed invention since WO ‘305 discloses in Figures 6-8 that at least one of the plurality of first heat exchange pipes has an elliptic cross section; or at least one of the plurality of second heat exchange pipes has an elliptic cross section. In re claim 12, WO ‘305 as modified by Zhu et al would meet the limitations of the applicants claimed invention since the resulting structure of a heating device consisting of first and second side plates (as disclosed by WO ‘305) connected with the first and second heat insulation plates (as taught by Zhu et al) would be an obvious integral enclosure since it has been held that the term “integral” is sufficiently broad to embrace constructions united by such means as fastening and welding. In re Hotte. In re claim 13, WO ‘305 as modified by Zhu et al would meet the limitations of the applicants claimed invention since WO ‘305 discloses a heating device (a fuel gas water heater) including the water tank assembly according to claim 1. In re claim 14, WO ‘305 as modified by Zhu et al would meet the limitations of the applicants claimed invention since WO ‘305 further discloses a water tank assembly having a plurality of first water boxes (13) (SEE Figure 4) are disposed on the first side plate; a plurality of second water boxes (14) are disposed on the second side plate; and each of a water inlet (61) and a water outlet (62) of the water tank assembly is formed on the first side plate (Figure 4), and is in communication with one, corresponding to each of the water inlet and the water outlet, of the plurality of first water boxes (SEE Figure 7). In re claim 15, WO ‘305 as modified by Zhu et al would meet the limitations of the applicants claimed invention since WO ‘305 discloses that the plurality of first water boxes (13) and the plurality of second water boxes (14) are in communication with each other via the main heat exchange pipe assembly (21) and the condenser pipe assembly (31); the main heat exchange pipe assembly comprises a plurality of first heat exchange pipes; the condenser pipe assembly comprises a plurality of second heat exchange pipes (as per Figure 7); and the plurality of first heat exchange pipes or the plurality of second heat exchange pipes are arranged in layers in a direction from the smoke inlet to the smoke outlet (as per Figures 1, 6 and 7) (SEE page 3, lines 20-28). In re claim 16, WO ‘305 as modified by Zhu et al would meet the limitations of the applicants claimed invention since claim 16 includes identical structure to now amended claim 1 in a non-limiting manner.
In re claim 18, WO ‘305 as modified by Zhu et al would meet the limitations of the applicants claimed invention since WO ‘305 further discloses that each of the plurality of first water boxes has an open side (106); each of the plurality of second water boxes has an open side (106) (SEE Figures 5, 7 and 11); and the tank body further comprises a first bottom plate (41) and a second bottom plate (41), the first bottom plate cooperating with the first side plate to cover the open side of each of the plurality of first water boxes, and the second bottom plate cooperating with the second side plate to cover the open side of each of the plurality of second water boxes (SEE Figure 7). In re claim 19, WO ‘305 as modified by Zhu et al would meet the limitations of the applicants claimed invention since WO ‘305 discloses in Figures 6-8 that at least one of the plurality of first heat exchange pipes has an elliptic cross section; or at least one of the plurality of second heat exchange pipes has an elliptic cross section. In re claim 20, WO ‘305 as modified by Zhu et al would meet the limitations of the applicants claimed invention since WO ‘305 discloses that the plurality of first heat exchange pipes of the main heat exchange pipe assembly (21) are arranged in two layers in the direction from the smoke inlet to the smoke outlet (SEE Figure 7).
Allowable Subject Matter
Claims 5, 11, and 17 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yan (CN210602273) and Xiao et al (CN110094872) also teach gas fired water heater having tank bodies made of insulation plates.
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/GREGORY A WILSON/Primary Examiner, Art Unit 3762 May 7, 2026
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