DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/19/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 17 and 23 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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“sealing element in claim 9. No further structure is provided within the specification for the term “sealing element”. A “sealing portion” is stated to be element 98 in the figures. However, it is unclear what the particular structure of the sealing element is to be.
“venting component” in claim claims 11 and 12. The venting component is shown as 80 in the figures. The specification does not specifically describe what 80 is in words but through the figures and the functions described the venting component is clearly intended to be interpreted as an opening between the interior of the expansion assembly and the atmosphere.
“blocking element” in claim 11. The blocking element is further described as a swelling disk or a check valve (see paragraphs [0022] and [0023] of Applicant’s specification) and is therefore interpreted as such.
“emptying component” in claim 16. The emptying component is further described as a venturi nozzle and an opening into the expansion assembly (see paragraphs [0060] and [0064]-[0065] and figures 5-7) and is therefore interpreted as such.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claims 16, 21 and 22 objected to because of the following informalities:
Claim 16 recites “the emptying component” which lacks antecedent basis.
Claim 21 recites “the upper tank” which lacks antecedent basis.
Claim 22 recites “the fluid path” which lacks antecedent basis.
Appropriate correction is required.
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.
Claims 9-10 are 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.
Regarding claim 9:
Claim 9 contains the limitation “sealing element” which is interpreted under 112(f). There is not further structure provided within the specification and the figures do not adequately show what the intended structure of the “sealing element” should be. Therefore, the claimed subject matter of claim 9 was not adequately described within the specification to convey to a person of ordinary skill in the art that the joint inventors has possession of claimed invention.
Claim 10 is rejected based on its dependency to claim 9
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim limitation “sealing element” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The limitation “sealing element” is only vaguely shown within the figures and is not further described within the specification. There is an intended function of the sealing element working with the ball to seal the expansion tank but the particular structure of the sealing element is unclear. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim 10 is rejected based on its dependency to claim 9.
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) 1-5, 7, 11, 17-19, 22-23 and 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riley (US 6094524 A) in view of Dreibelbis (US 3891124 A).
Regarding claim 1, Riley teaches of:
An expansion assembly (Figs. 1-3, at least 13+17) for use in a hot water device having a water container (14) for receiving water to be heated (14 receives water from 27 and heats it via 15), the expansion assembly comprising:
an expansion tank (13) a chamber configured to store expansion water (17 is a chamber that stores expanded water; Col. 3, lines 35-36, “an expansion chamber 17 into which supply water that is heated in main chamber 14 can expand”);
a first coupling portion (see annotated version of Fig. 2 below, 1) configured to couple to a cold water pipe of the water container of the hot water device (in annotated Fig. 2 below 1 is coupled to 50),
a second coupling portion (see annotated version of Fig. 2 below, 2) configured to be coupled to a cold water feed line (in annotated Fig. 2 below 2 is coupled to 27 via 41), and
the first and second coupling portions are fluidly coupled by a pipe section (40) extending through the expansion tank such that a cold water fluid path extends from the first coupling portion to the second coupling portion (fluid path from 27 into the tank extends between 1 and 2 via 40).
Riley fails to explicitly teach:
including a lower expansion tank half shell and an upper expansion tank half shell connected hermetically at circumferential edges
wherein the lower expansion tank half shell has a first coupling portion
the upper expansion tank half shell has a second coupling portion
Dreibelbis teaches of:
including a lower expansion tank half shell (Fig. 4, at least 53) and an upper expansion tank half shell (at least 50+59) connected hermetically at circumferential edges (53 and 50+59 are joined at their circumferential edges, Col. 5, lines 52-59, “In the manufacture of an expansion module in accordance with the present invention from suitable plastic materials the mating cover member 53 can be ultrasonically welded to lower body section 50 to provide the fluid tight expansion chamber 52. This is a well known technique for the fabrication of plastic parts and therefore will not be more fully described herein”)
wherein the lower expansion tank half shell has a first coupling portion (see combination made below)
the upper expansion tank half shell has a second coupling portion (see combination made below)
The primary reference can be modified to meet this/these limitation(s) as follows:
modify the tank and expansion assembly of Riley to match that of Dreibelbis so that it is made from plastic and the expansion tank of Riley now is formed from two pieces forming an upper and lower half shell that are formed onto the top of the tank at 18 of Riley and positioned the first coupling portion in the upper shell and the second coupling portion in the lower shell and maintain all the connections and components of the expansion assembly of Riley as originally presented
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 make the manufacturing and assembly of the expansion tank with the storage tank cheaper and more efficient as it is made from plastic and does not need to be welded onto the storage tank, and would further allow the expansion tank to be utilized on other water heaters improving applicability
Regarding claim 2, the combined teachings teach of the expansion assembly according to claim 1, and the combined teachings further teach:
Wherein the second coupling portion is directly above the first coupling portion (see combination made in the rejection of claim 1 above, Riley as modified has a second coupling (2) on the upper half shell and the first coupling (1) on the lower half shell, therefore the second coupling would be directly above the first coupling)
Regarding claim 3, the combined teachings teach of the expansion assembly according to claim 1, and the combined teachings further teach:
wherein the lower and/or the upper expansion tank half shell include a seat for a nozzle of a water jet pump (Riley as modified, see Fig. 2, in the lower surface of the expansion chamber 17 a seat is formed for the nozzle 44), wherein the water jet pump is formed between the connected expansion tank half shells (in Riley as modified, the expansion chamber is defined by upper and lower half shells, as the water jet pump of Riley is originally disclosed to be within the chamber 17, it would be formed between the half shells in the combined teachings).
Regarding claim 4, the combined teachings teach of the expansion assembly according to claim 1, and the combined teachings further teach:
further comprising an emptying component (Riley as modified, Fig. 2, 44+46+47) forming a portion of the fluid path (44+46+47 forms a portion of the fluid path from 27 to 50) and located upstream of the first coupling portion and downstream of the second coupling portion (see annotated version of Fig. 2 below, 44+46+47 is upstream from the first coupling portion and downstream from the second coupling portion), wherein the emptying component is further in fluid communication with the chamber and has a venturi nozzle (44+46+47 is in communication with 17 and 44 forms a venturi nozzle; Col. 3, lines 14-18, “Cold supply water at mains pressure flows down bore 42 of the venturi device and imposes supply line pressure on the inlet end 43 of a venturi orifice 44 which is represented by dashed lines”) configured to drain the expansion water from the chamber to the first connector portion when water flows through the fluid path (Riley, Col. 3, lines 25-28, “Consequently, hot water from the expansion chamber is drawn into the jet stream through side holes 46 and 44 of the aspirator and is discharged back into the main hot water chamber 14”).
Regarding claim 5, the combined teachings teach of the expansion assembly according to claim 4, however, the combined teachings fail to explicitly teach:
wherein the nozzle has a parabolically tapering cross-sectional shape.
However, it would have been obvious to change the shape of 44 to a parabolic cross-sectional contour between 43 and 44 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, one of ordinary skill in the art would have expected Applicant’s invention to perform equally well with a parabolic cross-sectional shape as claimed or a step-wise reduction in cross-sectional shape as shown in Riley because both perform the function of reducing the cross-sectional area equally well (see MPEP 2144.04.IV.B)
Regarding claim 7, the combined teachings teach of the expansion assembly according to claim 4, and the combined teachings further teach:
wherein the nozzle is formed integrally with, and integrated into, the upper expansion tank half shell, or the lower expansion tank half shell (Riley as modified, Fig. 2, 44 is formed integrally with the lower half shell of the expansion tank 17).
Regarding claim 11, the combined teachings teach of the expansion assembly according to claim 1, and the combined teachings further teach:
further comprising a venting component (Riley as modified, Fig. 1, 31-33) arranged at the upper expansion tank half shell (Riley as modified, 31-33 is coupled to the expansion tank on its upper half shell in the combined teachings) and configured to allow air to be exchanged between the expansion tank and the atmosphere (Col. 3, lines 57-61, “The expansion chamber 17 is vented to the atmosphere by way of a tube 31 whose lower open end 32 is exposed to the interior of the expansion chamber 17 and whose upper end 33 is open to the atmosphere interiorly of faucet body 21”)
Regarding claim 17, Riley teaches of:
A hot water tank (Figs. 1-2, 10) comprising:
a storage tank (14);
a cold water pipe coupled to the storage tank (50 delivers unheated (cold) water from 27 and is coupled to 14);
a hot water outlet (30) coupled to the storage tank and configured to provide hot water at a fitting connectable thereto (30 is coupled to 14 and provides hot water to fitting 21); and
an expansion assembly (at least 13+17) including:
a first coupling portion (see annotated version of Fig. 2 below, 2) configured to couple with a cold water feed line (2 is coupled to 27),
an expansion tank configured to store expansion water (17 stores expansion water from 14)
a second coupling portion (see annotated version of Fig. 2 below, 1) connected to the cold water pipe (1 is coupled to 50), and
a venting assembly (31-33) at least partially defined by the upper shell and configured to vent air from the expansion tank (Col. 3, lines 57-61, “The expansion chamber 17 is vented to the atmosphere by way of a tube 31 whose lower open end 32 is exposed to the interior of the expansion chamber 17 and whose upper end 33 is open to the atmosphere interiorly of faucet body 21”)
Riley fails to explicitly teach:
an upper shell
a lower shell joined to the upper shell at circumferential edges to form an expansion tank configured to store expansion water
Dreibelbis teaches of:
an upper shell (Fig. 4, at least 53)
a lower shell (at least 50+59) joined to the upper shell (53 is joined to 50+59) at circumferential edges (53 and 50+59 are joined at their circumferential edges), to form an expansion tank configured to store expansion water (53 and 50+59 form an expansion tank M that stores expansion water (See Fig. 8))
The primary reference can be modified to meet this/these limitation(s) as follows:
modify the tank and expansion assembly of Riley to match that of Dreibelbis so that it is made from plastic and the expansion tank of Riley now is formed from two pieces forming an upper and lower half shell that are formed onto the top of the tank at 18 of Riley and positioned the first coupling portion in the upper shell and the second coupling portion in the lower shell and maintain all the connections and components of the expansion assembly of Riley as originally presented
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 make the manufacturing and assembly of the expansion tank with the storage tank cheaper and more efficient as it is made from plastic and does not need to be welded onto the storage tank, and would further allow the expansion tank to be utilized on other water heaters improving applicability
Regarding claim 18, the combined teachings teach of the hot water tank according to claim 17, and the combined teachings further teach:
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 (Dreibelbis, Col. 5, lines 52-59, “In the manufacture of an expansion module in accordance with the present invention from suitable plastic materials the mating cover member 53 can be ultrasonically welded to lower body section 50 to provide the fluid tight expansion chamber 52. This is a well known technique for the fabrication of plastic parts and therefore will not be more fully described herein”).
Regarding claim 19, the combined teachings teach of the hot water tank according to claim 17, and the combined teachings further teach:
wherein the first and second coupling portions are connected in fluid communication by a fluid path (Riley as modified, annotated Fig. 2, there is a fluid path between the first and second coupling portions), wherein the fluid path includes a water jet pump configured to suction water from the expansion tank when water flows through the fluid path (44+46 is a water jet pump; Col. 3, lines 25-28, “Consequently, hot water from the expansion chamber is drawn into the jet stream through side holes 46 and 44 of the aspirator and is discharged back into the main hot water chamber 14”), wherein the lower and/or the upper shell include a seat for a nozzle of the water jet pump (there is a seat for 46 formed in the lower surface shown in Fig. 2 of Riley, in Riley as modified the lower surface is now a lower shell and therefore the lower shell includes a seat for the nozzle of the water jet pump of 44), wherein the water jet pump is formed between the connected upper and lower shells (44+46 is formed within 17 and is therefore between the upper and lower shells of the combined teachings).
Regarding claim 22, the combined teachings teach of the hot water tank according to claim 17, and the combined teachings further teach:
wherein the expansion assembly further includes a pipe (Riley as modified, Fig. 2, 40) extending between the first and second coupling portions and defining a portion of the fluid path (annotated Fig. 2 of Riley below, 40 extends between the first and second coupling portions and defines a portion of the fluid path of cold water into the tank 14).
Regarding claim 23, Riley teaches of:
An expansion assembly (Figs. 1-2, 13+17) for use in a hot water device having a water container (14) for receiving water to be heated (14 receives unheated water from 27), the expansion assembly comprising:
an upper shell having a first coupling portion (see annotated version of Fig. 2 below, 2) configured to couple with a cold water feed line (2 is coupled to 27);
a lower shell joined to the upper shell at circumferential edges to form an expansion tank configured to store expansion water (17 is an expansion tank that receives and stores expansion water), the lower shell defining a second coupling portion (See annotated version of Fig. 2 below, 1) connectable to a cold water pipe of the hot water device (1 is coupled to 50), wherein the first and second coupling portion are connected in fluid communication by a fluid path (1 and 2 are in fluid communication by a fluid path from 27 to 50); and
an emptying component (44+46+47) configured to suction the expansion water from the storage tank to the second coupling portion (Col. 3, lines 25-28, “Consequently, hot water from the expansion chamber is drawn into the jet stream through side holes 46 and 44 of the aspirator and is discharged back into the main hot water chamber 14”), the emptying component including a venturi nozzle forming a portion of the fluid path (44 forms a venturi nozzle; Col. 3, lines 14-18, “Cold supply water at mains pressure flows down bore 42 of the venturi device and imposes supply line pressure on the inlet end 43 of a venturi orifice 44 which is represented by dashed lines”) and clamped between a first portion and a second portion (44+46+47 is clamped between the upper and lower ends of the expansion assembly of Riley)
Riley fails to explicitly teach:
an upper shell
a lower shell joined to the upper shell at circumferential edges to form an expansion tank configured to store expansion water
Dreibelbis teaches of:
an upper shell (Fig. 4, at least 53)
a lower shell (at least 50+59) joined to the upper shell (53 is joined to 50+59) at circumferential edges (53 and 50+59 are joined at their circumferential edges), to form an expansion tank configured to store expansion water (53 and 50+59 form an expansion tank M that stores expansion water (See Fig. 8))
The primary reference can be modified to meet this/these limitation(s) as follows:
modify the tank and expansion assembly of Riley to match that of Dreibelbis so that it is made from plastic and the expansion tank of Riley now is formed from two pieces forming an upper and lower half shell that are formed onto the top of the tank at 18 of Riley and positioned the first coupling portion in the upper shell and the second coupling portion in the lower shell and maintain all the connections and components of the expansion assembly of Riley as originally presented
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 make the manufacturing and assembly of the expansion tank with the storage tank cheaper and more efficient as it is made from plastic and does not need to be welded onto the storage tank, and would further allow the expansion tank to be utilized on other water heaters improving applicability
Regarding claim 25, the combined teachings teach of the expansion assembly according to claim 1, and the combined teachings further teach:
wherein the expansion tank is formed as a vessel structurally separate from the water container (in the combined teachings Riley as modified has an expansion tank which is structurally separate from the water container)
Regarding claim 26, the combined teachings teach of the expansion assembly according to claim 1, and the combined teachings further teach:
wherein the expansion tank and the water container are structurally separate vessels and do not share a common wall defining both the chamber of the expansion tank and the water-receiving volume of the water container (see combination made in the rejection of claim 1 above, the expansion tank and water container of Riley as modified do not share a common wall and are structurally separate vessels).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riley (US 6094524 A) in view of Dreibelbis (US 3891124 A) and in further view of “Why Builders Choose Brass Tube for Quality Plumbing Fixture Fittings” hereinafter referred to as NPL2 (copy of NPL provided in file wrapper) (previously cited in the Non-Final rejection of 08/21/2025 and the Final Rejection of 03/19/2026).
Regarding claim 6, the combined teachings teach of the expansion assembly according to claim 4, however, the combined teachings fail to explicitly teach:
wherein the nozzle is comprised of a different material than the material of the expansion 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 40 of Riley as modified 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”)
Claim(s) 9-10, 16 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riley (US 6094524 A) in view of Dreibelbis (US 3891124 A) and in further view of Wicke (US 4513887 A) (cited in the Final Rejection of 03/19/2026).
Regarding claim 9, the combined teachings of the expansion assembly according to claim 1, however, the combined teachings fail to explicitly teach:
wherein the expansion tank defines an opening connecting between the emptying component and the chamber, wherein the expansion tank further includes a sealing unit that includes a sealing element in fluid communication with the opening and a ball configured to seal the sealing element, wherein the ball rests on the sealing element when the expansion tank is empty to prevent a negative pressure within the expansion tank.
Wicke teaches of:
wherein the expansion tank defines an opening (Figs. 1-2, 72) connecting between the emptying component (70) and the chamber (see expansion chamber 17 that 72 opens into), wherein the expansion tank further includes a sealing unit (17+82+84) that includes a sealing element (surface surrounding 72) in fluid communication with the opening and a ball (74) configured to seal the sealing element (74 seals the sealing element), wherein the ball rests on the sealing element when the expansion tank is empty to prevent a negative pressure within the expansion tank (Col. 3, lines 46-53, “A ball valve member 74 floats in a chamber 80 formed by upper and lower arcuate wall sections 82 and 84 which confine the ball member in a zone adjacent the aspirator opening 72. The ball float member seals the aspirator opening 72 when there is no water present in the expansion chamber and prevents air from being injected into the cold water intake, which can cause spitting at the faucet or dispenser spout”).
The combined teachings can be modified to meet this/these limitation(s) as follows:
modify Riley as modified by replacing the emptying component 40 of Riley with the emptying component 70 of Wicke and modify the lower shell of Riley as modified to include 50+66+68 shown in Fig. 2 of Wicke so as to accommodate the ball 74 and to form an opening defined by the shape of the expansion tank, further include 80+82+84 of Wicke to allow the ball 74 to function, resulting in Fig. 2 of Riley as modified to resemble Fig. 2 of Wicke, further remove 52 of Riley as it would no longer be needed
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:
Riley as modified contains a device which only differs from the claimed device by the substitution of one emptying component for an expansion tank for another;
The substituted structure in claim 9 is known in the art as demonstrated by Wicke;
A person of ordinary skill in the art could have substituted the structure Riley as modified with the structure of Wicke and the results of the substitution would predictably be a system that is capable of emptying an expansion chamber while preventing the negative pressure within the expansion chamber and air from entering the water container
Regarding claim 10, the combined teachings teach of the expansion assembly according to claim 9, and the combined teachings further teach:
wherein the sealing unit further includes a vertical guide (Wicke, Fig. 2, 82+84) for guiding the ball onto the sealing element and away from the same, respectively (82+84 guide ball 74 onto and away from the sealing element as mapped in claim 9 above).
Regarding claim 16, the combined teachings teach of the expansion assembly according to claim 1, however, the combined teachings fail to explicitly teach:
wherein the lower and/or the upper expansion tank half shell include a seat for the emptying component, wherein the seat is formed between the expansion tank half shells.
Wicke teaches of:
wherein the lower and/or the upper expansion tank half shell include a seat for the emptying component (Figs. 1-2, emptying component 70 has an aspirator 72, a ball valve 74 and a seat formed on the interior surface of 50 formed in its lower half shell), wherein the seat is formed between the expansion tank half shells (the interior surface of 50 is positioned between the half shells).
The combined teachings can be modified to meet this/these limitation(s) as follows:
modify Riley as modified by replacing the emptying component 40 of Riley with the emptying component 70 of Wicke and modify the lower shell of Riley as modified to include 50+66+68 shown in Fig. 2 of Wicke so as to accommodate the ball 74 and to form an opening defined by the shape of the expansion tank, further include 80+82+84 of Wicke to allow the ball 74 to function, resulting in Fig. 2 of Riley as modified to resemble Fig. 2 of Wicke, further remove 52 of Riley as it would no longer be needed
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:
Riley as modified contains a device which only differs from the claimed device by the substitution of one emptying component for an expansion tank for another;
The substituted structure in claim 9 is known in the art as demonstrated by Wicke;
A person of ordinary skill in the art could have substituted the structure Riley as modified with the structure of Wicke and the results of the substitution would predictably be a system that is capable of emptying an expansion chamber while preventing the negative pressure within the expansion chamber and air from entering the water container
Regarding claim 24, the combined teachings teach of the hot water tank according to claim 23, however, the combined teachings fail to explicitly teach:
wherein the emptying component further includes an opening configured to convey the expansion water to the venturi nozzle and further includes a float configured seat against a sealing portion of the opening.
Wicke teaches of:
wherein the emptying component further includes an opening (Figs. 1-2, 72) configured to convey the expansion water to the venturi nozzle (72 conveys water from 17 to the venturi nozzle 70) and further includes a float (74) configured seat against a sealing portion of the opening (Col. 3, lines 46-53, “A ball valve member 74 floats in a chamber 80 formed by upper and lower arcuate wall sections 82 and 84 which confine the ball member in a zone adjacent the aspirator opening 72. The ball float member seals the aspirator opening 72 when there is no water present in the expansion chamber and prevents air from being injected into the cold water intake, which can cause spitting at the faucet or dispenser spout”)
The combined teachings can be modified to meet this/these limitation(s) as follows:
modify Riley as modified by replacing the emptying component 40 of Riley with the emptying component 70 of Wicke and modify the lower shell of Riley as modified to include 50+66+68 shown in Fig. 2 of Wicke so as to accommodate the ball 74 and to form an opening defined by the shape of the expansion tank, further include 80+82+84 of Wicke to allow the ball 74 to function, resulting in Fig. 2 of Riley as modified to resemble Fig. 2 of Wicke, further remove 52 of Riley as it would no longer be needed
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:
Riley as modified contains a device which only differs from the claimed device by the substitution of one emptying component for an expansion tank for another;
The substituted structure in claim 9 is known in the art as demonstrated by Wicke;
A person of ordinary skill in the art could have substituted the structure Riley as modified with the structure of Wicke and the results of the substitution would predictably be a system that is capable of emptying an expansion chamber while preventing the negative pressure within the expansion chamber and air from entering the water container
Claim(s) 12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riley (US 6094524 A) in view of Dreibelbis (US 3891124 A) and in further view of CH 574069 A5 hereinafter referred to as Ref. 1 (cited in the Final Rejection of 03/19/2026).
Regarding claim 12, the combined teachings teach of the expansion assembly according to claim 11, however, the combined teachings fail to explicitly teach:
wherein the venting component has a blocking element configured to prevent water from leaking out of the expansion tank via the venting component.
Ref. 1 teaches of:
wherein the venting component (Figs. 1-3, 5) has a blocking element (17) configured to prevent water from leaking out of the expansion tank via the venting component (see combination made below, 17 blocks water from exiting out of 5).
The combined teachings can be modified to meet this/these limitation(s) as follows:
add 17 to 33 of Riley as modified
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 33
Regarding claim 14, the combined teachings teach of the expansion assembly according to claim 12, and the combined teachings further teach:
wherein the blocking element is a swelling disk (Ref. 1, 17 is a swelling disk Pg. 2 of translation, “17 made of a material that can be swelled by the liquid flowing through the valve”)
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riley (US 6094524 A) in view of Dreibelbis (US 3891124 A) and in further view of Joo (KR 20090129829 A) (cited in the Final Rejection of 03/19/2026).
Regarding claim 21, the combined teachings teach of the hot water tank according to claim 17, however, the combined teachings fail to explicitly teach:
wherein the venting assembly includes a sealing portion defined by the upper tank and a float configured to seat on the sealing portion to close the venting assembly.
Joo teaches of:
wherein the venting assembly (Fig. 6, 122) includes a sealing portion (122a) defined by the upper tank (122a is defined by the upper tank section) and a float (270’) configured to seat on the sealing portion to close the venting assembly (270’ seats on 122a to seal 122).
The combined teachings can be modified to meet this/these limitation(s) as follows:
add 126a extending from the lower half shell of 17 up to the opening of 32 in Riley as modified, further add 126b in an arrangement matching what is shown in Fig. 6 of Joo so that it extends from the top half shell of 17 and provides a guide for a float 270’, further add a taper leading into 32 to form a seat for the float 270’ so that when water fills the expansion tank to a maximum level the opening of 32 is blocked by float 270’
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 32
Annotated Figures
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680
546
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Annotated Fig. 2 of Riley
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J GIORDANO whose telephone number is (571)272-8940. The examiner can normally be reached M-Fr 8 AM - 5 PM EST.
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/MICHAEL JAMES GIORDANO/Examiner, Art Unit 3762
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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