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 and 18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 4 is objected to because of the following informalities:
Claim 4 recites “wherein the emptying has a venturi nozzle” which lacks antecedent basis. The examiner believes applicant is intending to reference “the emptying component” introduced earlier in the claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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) 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wicke (US 4424767 A).
Regarding claim 21, Wicke teaches of:
A hot water tank comprising:
a storage tank (Fig. 1, 29);
a cold water pipe (Fig. 1, 52, cold water from a sewer main is fed via flow path 148 into 64, through 52 and into tank 29; Col. 3, line 30, “inlet tube 52”; Col. 4, lines 32-38, “Operation of the dispenser handle will cause water flow through the building plumbing system passage 145 into the passage 146 in the direction of arrow 148 and into the inlet neck 64. Cold water coming through the inlet stem will aspirate hot water from the expansion tank 42 if water is contained therein and the float valve 74 is open”) extending at least partially into the storage tank (52 extends partially into 29);
a hot water drain (Fig. 1, 31) configured to provide hot water to a fitting (Fig. 1, 140) connectable thereto (31 is connected to 140 via 144);
a compensation tank (Fig. 1, 17) having a first coupling (Fig. 1, 46) connected to the cold water pipe (46 is coupled to 52) and a second coupling (Fig. 1, 64) connectable to a cold water feed line (Fig. 1, 64 is coupled to 146), wherein the compensation tank includes
an internal conduit (Fig. 1, 69) extending from the first coupling to the second coupling (69 extends from 64 to 46) so that, during operation, cold water is circulated through the compensation tank when supplied to the storage tank (Col. 4, lines 32-37, “Operation of the dispenser handle will cause water flow through the building plumbing system passage 145 into the passage 146 in the direction of arrow 148 and into the inlet neck 64. Cold water coming through the inlet stem will aspirate hot water from the expansion tank 42 if water is contained therein and the float valve 74 is open”); and
a ventilation component (Fig. 1, opening formed in 60 from 62) disposed in the compensation tank (opening formed in 60 is within the compensation tank 17).
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) 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wicke (US 4424767 A) in view of Dreibelbis (US 3891124 A).
Regarding claim 18, Wicke teaches of:
A hot water tank comprising:
a storage tank (Fig. 1, 29);
a cold water pipe (Fig. 1, 52, cold water from a sewer main is fed via flow path 148 into 64, through 52 and into tank 29; Col. 3, line 30, “inlet tube 52”; Col. 4, lines 32-38, “Operation of the dispenser handle will cause water flow through the building plumbing system passage 145 into the passage 146 in the direction of arrow 148 and into the inlet neck 64. Cold water coming through the inlet stem will aspirate hot water from the expansion tank 42 if water is contained therein and the float valve 74 is open”) extending at least partially into the storage tank (52 extends partially into 29);
a hot water drain (Fig. 1, 31) configured to provide hot water to a fitting (Fig. 1, 140) connectable thereto (31 is connected to 140 via 144);
and a lower half-shell (Fig. 1, 40) and an upper half-shell (Fig. 1, 60) joined to form a compensation tank (40 and 60 form 17), wherein the lower half-shell has a coupling portion (Fig. 1, 46) coupled to the cold water pipe (46 is coupled to 52), and the upper half-shell has a coupling portion (Fig. 1, 64) designed to couple with a cold water feed line (Fig. 1, 64 is coupled to 146)
a ventilation component (Fig. 1, 62) disposed in the compensation tank (62 is disposed in 17).
Dreibelbis teaches of:
a lower half-shell and an upper half-shell joined at a weld seam (Fig. 1, 23 and 50 are joined at a weld seam; Col. 5, lines 54-57, “cover member 53 can be ultrasonically welded to lower body section 50 to provide the fluid tight expansion chamber 52”)
The primary reference can be modified to meet this/these limitation(s) as follows:
replace connection of 60 and 40 of Wicke shown in Fig. 3 of Wicke with ultrasonic welding
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would reduce the number of parts required to attach the half-shells while still maintaining a fluid tight chamber (Dreibelbis, Col. 5, lines 54-57, “cover member 53 can be ultrasonically welded to lower body section 50 to provide the fluid tight expansion chamber 52”)
Regarding claim 20, the combined teachings teach of the hot water tank according to claim 18, and the combined teachings further teach:
further comprising an emptying component (Wicke, Fig. 1, 70+72) including a venturi nozzle (Wicke, Fig. 1, 70+72 form a venturi nozzle) configured to drain water from the compensation vessel to the storage tank (Wicke, water drains from 72 when there is water within the compensation vessel allowing 74 to float; Col. 4, lines 34-37, “Cold water coming through the inlet stem will aspirate hot water from the expansion tank 42 if water is contained therein and the float valve 74 is open”)
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wicke (US 4424767 A) in view of Dreibelbis (US 3891124 A) and in further view of Krause (US 20130108249 A1)
Regarding claim 19, the combined teachings teach of the hot water tank according to claim 18, however, the combined teachings fail to explicitly teach:
wherein the ventilation component has a sealing unit including a sealing element and a floatable ball that is movable between a first position in which the ball is seated on the sealing element and a second position in which the ball is spaced from the sealing element, wherein, when the compensation vessel is full, an opening between the ventilation component and the compensation vessel is sealed by the sealing unit so that overflowing of the compensation vessel is prevented.
Krause teaches of:
wherein the ventilation component (Fig. 6, 98) has a sealing unit (Fig. 6, 101+103b+107) including a sealing element (103b) and a floatable ball (101) that is movable between a first position in which the ball is seated on the sealing element (¶ [0040], “Float body 101 will float upward and contact seal 103b to seal openings 105 and 119 to thereby close vent outlet 98 if chamber 115 is filled with water”) and a second position in which the ball is spaced from the sealing element (101 is in second position in Fig. 6), wherein, when the compensation vessel is full, an opening between the ventilation component and the compensation vessel is sealed by the sealing unit so that overflowing of the compensation vessel is prevented (¶ [0040], “Float body 101 will float upward and contact seal 103b to seal openings 105 and 119 to thereby close vent outlet 98 if chamber 115 is filled with water”)
The combined teachings can be modified to meet this/these limitation(s) as follows:
add 101, 107 and 103b to the ventilation component 62 of Wicke so that when the compensation vessel 17 is filled to its maximum capacity the ball 101 will float within the guides 107 and seal 62
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would prevent hot water from exiting through the ventilation component
Claim(s) 1, 4-8, 10-12, 14 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wicke (US 4424767 A) in view of Dreibelbis (US 3891124 A ) and DE 202018105820 U1 hereinafter referred to as Ref. 1 (cited in the previous office action).
Regarding claim 1, Wicke teaches of:
A compensation assembly for use in a hot water device (Fig. 1) having a water tank (Fig. 1, 29) for holding water to be heated (29 holds water heated by 20), the compensation assembly comprising:
a compensation tank (Fig. 1, 17) including a lower half-shell (Fig. 1, 40) and an upper half-shell (Fig. 1, 60) joined at a weld seam, wherein the lower half-shell has a first coupling portion (Fig. 1, 46) connectable to a cold water pipe (Fig. 1, 52) of a hot water device (Fig. 1, 46 is connected to 52), and the upper half-shell has a second coupling portion (Fig. 1, 64) connectable with a cold water feed line (Fig. 1, 146 is connected to 64); and
a ventilation component (Fig. 1, 62), wherein the ventilation component allows air to be exchanged between the compensation vessel and the atmosphere (Col. 4, lines 28-31, “The vent neck 62 is connected to a passage which terminates in the body of the dispenser and is always open to the atmosphere”)
Wicke fails to explicitly teach:
a lower half-shell and an upper half-shell joined at a weld seam
the ventilation component including a blocking element, said blocking element being configured to prevent water from leaking from the compensation vessel via the ventilation component.
Dreibelbis teaches of:
a lower half-shell and an upper half-shell joined at a weld seam (Fig. 1, 23 and 50 are joined at a weld seam; Col. 5, lines 54-57, “cover member 53 can be ultrasonically welded to lower body section 50 to provide the fluid tight expansion chamber 52”)
The primary reference can be modified to meet this/these limitation(s) as follows:
replace connection of 60 and 40 of Wicke shown in Fig. 3 of Wicke with ultrasonic welding
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would reduce the number of parts required to attach the half-shells while still maintaining a fluid tight chamber (Dreibelbis, Col. 5, lines 54-57, “cover member 53 can be ultrasonically welded to lower body section 50 to provide the fluid tight expansion chamber 52”)
Ref. 1 teaches of:
the ventilation component (Fig. 1, 44) including a blocking element (Fig. 1, 46), said blocking element being configured to prevent water from leaking from the compensation vessel via the ventilation component (¶ [0030] “In this way, the area below the openings 44 is sealed by the float 46 with the seal 50”)
The combined teachings can be modified to meet this/these limitation(s) as follows:
add 10 to 62 of Wicke
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would prevent water from leaking out of the compensation of Wicke even if one of the valves of Ref. 1 fails (Ref. 1, ¶ [0031] “The arrangement thus prevents water from escaping from the vent valve even if the backflow preventer 46 is not working properly.”)
Regarding claim 4, the combined teachings teach of the compensation assembly according to claim 1, and the combined teachings further teach:
wherein compensation tank includes an internal conduit (Wicke, Fig. 1, 69) extending from the first coupling portion to the second coupling portion (69 extends from the first coupling 46 to the second coupling 64).
Regarding claim 5, the combined teachings teach of the compensation assembly according to claim 1, and the combined teachings further teach of:
wherein a receiving portion (Wicke, Figs. 2, 80) for an emptying component (Wicke, Figs. 1-2, 70+72) is integrated into the lower (Wicke, 80 is integrated into 40) and/or the upper compensation vessel half-shells and formed between the connected compensation vessel half-shells (Wicke, Fig. 1, 80 is between 40 and 60).
Regarding claim 6, the combined teachings teach of the compensation assembly according to claim 1, and the combined teachings further teach:
further comprising an emptying component (Wicke, Fig. 1, 70+72) forming a portion of a fluid path extending from the first coupling portion and the second coupling portion (Wicke, Fig. 1, 70+72 is a part of the flow path between 64 and 46), wherein the emptying has a venturi nozzle (Wicke, Fig. 1, 70+72 form a venturi nozzle) configured to drain water from the compensation tank to the first connector portion when water flows through the fluid path (Wicke, water drains from 72 when there is water within the compensation tank allowing 74 to float; Col. 4, lines 34-37, “Cold water coming through the inlet stem will aspirate hot water from the expansion tank 42 if water is contained therein and the float valve 74 is open”)
Regarding claim 7, the combined teachings teach of the compensation assembly according to claim 1, and the combined teachings further teach:
further comprising an emptying component (Wicke, Fig. 1, 70+72) including a nozzle (Wicke, Fig. 2, 72) of a water jet pump (Wicke, Fig. 2, 70) configured to drain compensation water from the compensation tank (Wicke, water drains from 72 when there is water within the compensation tank allowing 74 to float; Col. 4, lines 34-37, “Cold water coming through the inlet stem will aspirate hot water from the expansion tank 42 if water is contained therein and the float valve 74 is open”)
Regarding claim 8, the combined teachings teach of the compensation assembly according to claim 7, and the combined teachings further teach:
wherein the nozzle is a venturi nozzle (Wicke, Fig. 2, 70 is a venturi passage making 72 a venturi nozzle)
The combined teachings fail to explicitly teach:
wherein the nozzle is a venturi nozzle having a parabolically tapered cross-sectional contour.
However, it would have been obvious to change the shape of 70 to a parabolic cross-sectional contour based upon the following rationale:
Applicant has placed no criticality within their specification for the particular parabolic cross-sectional contour and instead states that “the nozzle may have a parabolically tapered cross-sectional contour” (See ¶ [0021] of applicant’s specification). The only requirement for the nozzle is that it reduces the cross-sectional area to increase flow rate so that it may act as a venturi nozzle. Therefore, it would have been obvious to change the shape of 70 so that it is a parabolic cross-sectional contour as the simple change in shape has been found to be obvious when the claimed shape does not present any critical function (see MPEP 2144.04.IV.B)
Regarding claim 10, the combined teachings teach of the compensation assembly according to claim 7, and the combined teachings further teach:
Wherein the venturi nozzle is designed to be integrated into the upper half-shell or the lower half-shell as one piece (Wicke, Fig. 1, 70 is integrated into 60 in one piece)
Regarding claim 11, the combined teachings teach of the compensation assembly according to claim 1, and the combined teachings further teach:
wherein the compensation tank is formed of demoldable plastic parts (Wicke, Fig. 1, 14 which makes up the lower half-shell if plastic and 60 is plastic; Col. 3, line 8, “The upper tank section 14 is desirably constructed of plastic”; Col. 3, line 34, “60 which also is preferably formed from plastic”)
Regarding claim 12, the combined teachings teach of the compensation assembly according to claim 1, and the combined teachings further teach:
Wherein the ventilation component is arranged at the upper half-shell (Wicke, Fig. 1, 62 is formed at 60)
Regarding claim 14, the combined teachings teach of the compensation assembly according to claim 7, and the combined teachings further teach:
wherein the ventilation component has a sealing unit (Ref. 1, Fig. 1, 14) configured to seal an opening between the ventilation component and the compensation tank when the compensation tank is full (Ref. 1, ¶ [0029], “As shown, a water pressure above atmospheric pressure is present in the ventilation housing 12. Then the valve 36 of the backflow preventer 14 is closed”)
Regarding claim 17, the combined teachings teach of the compensation assembly according to claim 7, however, the combined teachings fail to explicitly teach:
wherein the nozzle has a parabolically tapered cross-sectional contour.
However, it would have been obvious to change the shape of 70 to a parabolic cross-sectional contour based upon the following rationale:
Applicant has placed no criticality within their specification for the particular parabolic cross-sectional contour and instead states that “the nozzle may have a parabolically tapered cross-sectional contour” (See ¶ [0021] of applicant’s specification). The only requirement for the nozzle is that it reduces the cross-sectional area to increase flow rate so that it may act as a venturi nozzle. Therefore, it would have been obvious to change the shape of 70 so that it is a parabolic cross-sectional contour as the simple change in shape has been found to be obvious when the claimed shape does not present any critical function (see MPEP 2144.04.IV.B)
Claim(s) 2-3 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wicke (US 4424767 A) in view of Dreibelbis (US 3891124 A ) and DE 202018105820 U1 hereinafter referred to as Ref. 1 (cited in the previous office action) and in further view of Krause (US 20130108249 A1).
Regarding claim 2, the combined teachings teach of the compensation assembly according to claim 1, and the combined teachings further teach:
wherein the ventilation component has a sealing unit (Ref. 1, Fig. 1, 14)
However, the combined teachings fail to explicitly teach:
wherein the ventilation component has a sealing unit including a sealing element and a floatable ball that is movable between a first position in which the ball is seated on the sealing element and a second position in which the ball is spaced from the sealing element, wherein, when the compensation vessel is full, an opening between the ventilation component and the compensation vessel is sealed by the sealing unit so that overflowing of the compensation vessel is prevented.
Krause teaches of:
wherein the ventilation component (Fig. 6, 98) has a sealing unit (Fig. 6, 101+103b+107) including a sealing element (103b) and a floatable ball (101) that is movable between a first position in which the ball is seated on the sealing element (¶ [0040], “Float body 101 will float upward and contact seal 103b to seal openings 105 and 119 to thereby close vent outlet 98 if chamber 115 is filled with water”) and a second position in which the ball is spaced from the sealing element (101 is in second position in Fig. 6), wherein, when the compensation vessel is full, an opening between the ventilation component and the compensation vessel is sealed by the sealing unit so that overflowing of the compensation vessel is prevented (¶ [0040], “Float body 101 will float upward and contact seal 103b to seal openings 105 and 119 to thereby close vent outlet 98 if chamber 115 is filled with water”)
The combined teachings can be modified to meet this/these limitation(s) as follows:
replace 14 and all its components of Ref. 1 with the sealing unit of Krause so that the floatable ball of Krause abuts 60 of Ref. 1 when the compensation tank is full and is spaced from 60 when the compensation tank is not full
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
It has been found that the simple substation of one known element for another to obtain predictable results is obvious based upon the following rationale:
The combined teachings contains a device which differs from the claimed device by the substitution of the spring loaded backflow preventer in Ref. 1 with the floatable ball of the claimed device;
The floatable ball sealing unit was known in the art as demonstrated by Krause;
A person of ordinary skill in the art prior to the effective filing date of the claimed invention could have substituted the floatable ball sealing unit of Krause into the system of Ref. 1 within the combined teachings and the results would predictably be that the ventilation component would be sealed when the compensation tank is full
Regarding claim 3, the combined teachings teach of the compensation assembly according to claim 2, and the combined teachings further teach:
wherein the sealing unit further has a vertical guide (Krause, Fig. 6, 107) for guiding the ball onto the sealing element and/or away from it (107 guides 101 onto 103b and away from it)
Regarding claim 15, the combined teachings teach of the compensation assembly according to claim 14, however, the combined teachings fail to explicitly teach:
wherein the sealing unit includes a ball having a density that is less than water.
Krause teaches of:
wherein the sealing unit includes a ball (Fig. 6, 101) having a density that is less than water (Fig. 9, 101 is shown floating on water)
The combined teachings can be modified to meet this/these limitation(s) as follows:
replace 14 and all its components of Ref. 1 with the sealing unit of Krause so that the floatable ball of Krause abuts 60 of Ref. 1 when the compensation tank is full and is spaced from 60 when the compensation tank is not full
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
It has been found that the simple substation of one known element for another to obtain predictable results is obvious based upon the following rationale:
The combined teachings contains a device which differs from the claimed device by the substitution of the spring loaded backflow preventer in Ref. 1 with the floatable ball of the claimed device;
The floatable ball sealing unit was known in the art as demonstrated by Krause;
A person of ordinary skill in the art prior to the effective filing date of the claimed invention could have substituted the floatable ball sealing unit of Krause into the system of Ref. 1 within the combined teachings and the results would predictably be that the ventilation component would be sealed when the compensation tank is full
Claim(s) 9 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wicke (US 4424767 A) in view of Dreibelbis (US 3891124 A ) and DE 202018105820 U1 hereinafter referred to as Ref. 1 (cited in the previous office action) and in further view of “Why Builders Choose Brass Tube for Quality Plumbing Fixture Fittings” hereinafter referred to as NPL2 (copy of NPL provided and cited in previous office action).
Regarding claim 9, the combined teachings teach of the compensation assembly according to claim 7, however, the combined teachings fail to explicitly teach:
wherein a material of the nozzle is different from a material of the compensation tank
NPL2 teaches of:
Utilizing brass for pipe fittings (First paragraph, Other fittings on your plumbing system include valves, pressure control devices, hose bibcocks, and backflow preventers. For all these plumbing fixture fittings, brass has long been the preferred metal by builders, mostly due to the material’s durability and versatility in being machined into detailed parts.)
The combined teachings can be modified to meet this/these limitation(s) as follows:
Make 70 of Wicke out of brass
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
Brass is resistant to corrosion and cracking and has a long service lifespan making it a good material to utilize for high stress areas in a pipe (“Why Brass?” section, Brass pipes will not be affected by water, unless the water contains ammonia or is soft. Resistance to corrosion is another property which makes brass tubes the ideal material for plumbing fittings, especially in areas with a highly corrosive water supply. Brass fittings are best suited for distributing hot water in a household, due to the metal’s remarkable conductivity and ductility, which enable them to withstand high temperatures. Brass doesn’t easily disintegrate or crack, and, once installed, it could retain its good condition for many years–even centuries, as seen from the performance of solid brass fittings of historic homes. Brass fittings also come in different shapes and sizes, making it easier for builders to use in plumbing installations based on precise specifications. Furthermore, particularly for exposed plumbing fittings, brass has high decorative value that homebuyers hold in high regard)
Regarding claim 16, the combined teachings teach of the compensation assembly according to claim 7, however, the combined teachings fail to explicitly teach:
wherein the nozzle is formed of brass or bronze.
NPL2 teaches of:
Utilizing brass for pipe fittings (First paragraph, Other fittings on your plumbing system include valves, pressure control devices, hose bibcocks, and backflow preventers. For all these plumbing fixture fittings, brass has long been the preferred metal by builders, mostly due to the material’s durability and versatility in being machined into detailed parts.)
The combined teachings can be modified to meet this/these limitation(s) as follows:
Make 70 of Wicke out of brass
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
Brass is resistant to corrosion and cracking and has a long service lifespan making it a good material to utilize for high stress areas in a pipe (“Why Brass?” section, Brass pipes will not be affected by water, unless the water contains ammonia or is soft. Resistance to corrosion is another property which makes brass tubes the ideal material for plumbing fittings, especially in areas with a highly corrosive water supply. Brass fittings are best suited for distributing hot water in a household, due to the metal’s remarkable conductivity and ductility, which enable them to withstand high temperatures. Brass doesn’t easily disintegrate or crack, and, once installed, it could retain its good condition for many years–even centuries, as seen from the performance of solid brass fittings of historic homes. Brass fittings also come in different shapes and sizes, making it easier for builders to use in plumbing installations based on precise specifications. Furthermore, particularly for exposed plumbing fittings, brass has high decorative value that homebuyers hold in high regard)
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 11-12 of copending Application No. 18267159 in view of Dreibelbis (US 3891124 A).
This is a provisional nonstatutory double patenting rejection.
Instant application 18267123
Copending application 18267159
Claim 1:
A compensation assembly for use in a hot water device having a water tank for holding water to be heated, the compensation assembly comprising:
a compensation tank including a lower half-shell and an upper half-shell joined at a weld seam, wherein the lower half-shell has a first coupling portion connectable to a cold water pipe of a hot water device, and the upper half-shell has a second coupling portion connectable with a cold water feed line; and
a ventilation component, wherein the ventilation component allows air to be exchanged between the compensation vessel and the atmosphere, the ventilation component including a blocking element, said blocking element being configured to prevent water from leaking from the compensation vessel via the ventilation component.
Claim 1:
An expansion assembly for use in a hot water device having a water container for receiving water to be heated, the expansion assembly comprising:
an expansion tank including a lower expansion tank half shell and an upper expansion tank half shell connected hermetically at circumferential edges to define a chamber configured to store expansion water; wherein the lower expansion tank half shell has a first coupling portion configured to couple to a cold water pipe of the water container of the hot water device,
the upper expansion tank half shell has a second coupling portion-is configured to be coupled to a cold water feed line, and
the first and second coupling portions are fluidly coupled by a pipe section extending through the expansion tank such that a cold water fluid path extends from the first coupling portion to the second coupling portion
Claim 11:
The expansion assembly according to claim 1 further comprising a venting component arranged at the upper expansion tank half shell and configured to allow air to be exchanged between the expansion tank and the atmosphere.
Claim 12:
The expansion assembly according to claim 11, wherein the venting component has a blocking element configured to prevent water from leaking out of the expansion tank via the venting component.
As shown in the table above, claims 1, 11 and 12 of the copending application contain all the limitations of claim 1 of the instant application except for the use of the terms “compensation assembly” and “compensation tank” and the limitation of “a lower half-shell and an upper half-shell joined at a weld seam”. However, the term compensation vessel and tank as utilized in the instant application is clearly interchangeable with the term expansion vessel and tank as utilized in the copending application.
Further, Dreibelbis teaches of utilizing welding to hermetically connect the half-shells of a compensation tank (Fig. 1, 23 and 50 are joined at a weld seam; Col. 5, lines 54-57, “cover member 53 can be ultrasonically welded to lower body section 50 to provide the fluid tight expansion chamber 52”).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to modify the hermetic sealing of the copending application to be ultrasonically welded as it would ensure permanent hermetic closure of the expansion tank with no extraneous parts.
As a result of the analysis above, all the limitations of claim 1 of the instant application are provisionally rejected by claims 1, 11 and 12 of the copending application in view of Dreibelbis.
Claim 18 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 17-18 of copending Application No. 18267159 in view of Krause (US 20130108249 A1).
Instant application 18267123
Copending application 18267159
Claim 18:
A hot water tank comprising:
a storage tank;
a cold water pipe extending at least partially into the storage tank;
a hot water drain configured to provide hot water to a fitting connectable thereto;
and a lower half-shell and an upper half-shell joined at a weld seam to form a compensation tank, wherein the lower half-shell has a coupling portion coupled to the cold water pipe, and the upper half-shell has a coupling portion designed to couple with a cold water feed line; and
a ventilation component disposed in the compensation tank.
Claim 17:
A hot water tank comprising:
a storage tank;
a cold water pipe coupled to the storage tank;
a hot water outlet coupled to the storage tank and configured to provide hot water at a fitting connectable thereto; and
an expansion assembly including;
an upper shell having a first coupling portion configured to couple with a cold water feed line,
a lower shell joined to the upper shell at circumferential edges to form an expansion tank configured to store expansion water, the lower shell defining a second coupling portion connected to the cold water pipe, and
a venting assembly at least partially defined by upper shell and configured to vent air from the expansion tank.
Claim 18:
The hot water tank according to claim 17, wherein the upper expansion tank half shell and the lower expansion tank half shell each have a circumferential friction welding edge to create a vibration friction welding connection of the upper expansion tank half shell and the lower expansion tank half shell.
As shown in the table above, claims 17-18 of the copending application contain all the limitations of claim 1 of the instant application except for the user of terms “compensation assembly”, “compensation tank”, “drain” and the limitation “a ventilation component disposed in the compensation vessel”. The interchangeability of the terms “compensation assembly” and “compensation vessel” was covered in the double patenting rejection of claim 1 above. The use of the term “outlet” in the copending application has substantially the same scope as the term “drain” in the instant application and therefore infringes on the term in the instant application.
Further Krause teaches of a ventilation component disposed in a compensation/expansion assembly (Krause, Fig. 6, 101+107 is in 115).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to modify the venting component of the copending application to be in the expansion tank as it would allow for the sealing element 101 to prevent the backflow of water out of the venting component of the expansion tank.
As a result of the analysis above, all the limitations of claim 18 of the instant application are provisionally rejected by claims 17-18 of the copending application in view of Krause.
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.
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/MICHAEL JAMES GIORDANO/Examiner, Art Unit 3762
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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