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 17 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 16, 17 and 21-22 are objected to because of the following informalities:
Claim 16 depends from cancelled claim 15. For compact prosecution the examiner is interpreting claim 16 as depending from claim 1.
Claim 17 recites “at least partially defined by upper shell” in line 1 on Pg. 5. The examiner believes that the claim should recite “at least partially defined by the upper shell”
Claims 21 and 22 recite “the hot water tank according to claim 1” in their preambles which lacks antecedent basis. The examiner believes that applicant intended to have claimed 21 and 22 depend from claim 17 which would provide the proper antecedent basis and will be interpreted as such.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites:
“wherein the first coupling portion is directly above the second coupling portion” which renders the scope of the claim indefinite as in claim 1 the first coupling portion is a part of the lower expansion tank half shell and the second coupling portion is a part of the upper expansion tank half shell. Therefore is unclear how the lower expansion tank half shell can have its coupling to the cold water feed line be directly above the cold water feed line coupling of the upper expansion tank half shell. For compact prosecution the examiner is interpreting claim 2 has the second coupling portion directly above the first coupling portion.
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) 1-5, 7, 9-11, 16-17, 19 and 22-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wicke (US 4513887 A).
Regarding claim 1, Wicke teaches of:
An expansion assembly for use in a hot water device having a water container for receiving water to be heated (Fig. 1, 14 and 16 form a water container that heats water via 20), 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 (Figs. 1-3, 17 has a lower half shell 36 and an upper half shell 60 and is hermetically sealed at its circumferential edges via 61 in 63); 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 (Fig. 1, 36 couples to 52 via 46),
the upper expansion tank half shell has a second coupling portion is configured to be coupled to a cold water feed line (Fig. 1, 60 is coupled to 148 vias 64), 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 (Fig. 1, 48 and 64 are coupled via pipe section 69 such that the cold water flow path extends from 48 to 64)
Regarding claim 2, Wicke teaches of the expansion assembly according to claim 1, and Wicke further teaches of:
Wherein the first coupling portion is directly above the second coupling portion (see interpretation made in the 112(b) rejection above, the second coupling portion of Wicke is directly above the first coupling portion)
Regarding claim 3, Wicke teaches of the expansion assembly according to claim 1, and Wicke further teaches of:
Wherein the lower and/or the upper expansion tank half shell include a seat for a nozzle of a water jet pump, wherein the water jet pump is formed between the connected expansion tank half shell (Fig. 2, 70 is a venturi nozzle with aspirator 72 and ball valve 74 situated in seat 50 formed in the lower half shell)
Regarding claim 4, Wicke teaches of the expansion assembly according to claim 1, and Wicke further teaches of:
Further comprising an emptying component forming a portion of the fluid path and located upstream of the first coupling portion and downstream of the second coupling portion wherein the emptying component is further in fluid communication with the chamber and has a venturi nozzle configured to drain the expansion water from the chamber to the first connector portion when water flow through the fluid path (Fig. 2, 70 forms a venturi nozzle that is upstream from the first coupling portion and downstream from the second coupling portion, 70 drains the expansion water from 17; Col. 3, lines 41-45, The stem 69 is provided with a venturi passage 70 (FIG. 2) which is upstream from an aspirator opening 72 to increase water velocity to assist in aspirating heated water from the expansion chamber as subsequently described.)
Regarding claim 7, Wicke teaches of the expansion assembly according to claim 4, and Wicke further teaches of:
wherein the nozzle is formed integrally with, and integrated into, the upper expansion tank half shell, or the lower expansion tank half shell (Figs. 1-2, the nozzle of 70 is integrally formed with the lower and upper half shells as all of the components are integrally connected to one another)
Regarding claim 9, Wicke teaches of the expansion assembly according to claim 4, and Wicke further teaches of:
Wherein the expansion tank defined 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 rest on the sealing element when the expansion tank is empty to prevent a negative pressure within the expansion tank (Fig. 2, 72 is an opening defined by the expansion tank which is between the emptying component 70 and the chamber 17; 74, 82 and 84 form the sealing unit that has a ball 74 and a sealing element which is the surfaces surrounding 72 on which the ball 74 rests; in operation the ball seals the expansion tank when there is no water in the 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.)
Regarding claim 10, Wickes teaches of the expansion assembly according to claim 9, Wicke further teaches of:
Wherein the sealing unit further includes a vertical guide for guiding the ball onto the sealing element and away from the same, respectively (Fig. 2, 82 guides ball 74)
Regarding claim 11, Wicke teaches of the expansion assembly according to claim 1, and Wicke further teaches of:
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 (Fig. 1, 62)
Regarding claim 16, Wicke teaches of the expansion assembly according to claim 15, Wicke further teaches of:
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 (Fig. 2, 70 is a venturi nozzle with aspirator 72 and ball valve 74 situated in seat 50 formed in the lower half shell)
Regarding claim 17, Wicke teaches of:
A hot water tank comprising:
A storage tank (Fig. 1, 14 and 16 form a storage tank);
A cold water pipe coupled to the storage tank (Fig. 1, 146);
a hot water outlet coupled to the storage tank and configured to provide hot water at a fitting connectable thereto (Fig. 1, 30); and
an expansion assembly including:
an upper shell having a first coupling portion configured to couple with a cold water feed line (Fig. 1, 60 is the upper shell and is coupled to the cold water feed line 146 at 64),
a lower shell joined to the upper shell at circumferential edges to form an expansion tank configured to store expansion water (Fig. 1, 36 is circumferentially joined to 60 and forms expansion tank 17), the lower shell defining a second coupling portion connected to the cold water pipe (Fig. 1, 36 has coupling portion 46 connected to the cold water pipe 146), and
a venting assembly at least partially defined by upper shell and configured to vent air from the expansion tank (Fig. 1, venting assembly 62 is in the upper shell 60)
Regarding claim 19, Wickes teaches of the hot water tank according to claim 17, and Wicke further teaches of:
Wherein the first and second coupling portions are connected in fluid communication by a fluid path, wherein the fluid path includes a water jet pump configured to suction water from the expansion tank when water flows through the fluid path, wherein the lower and/or upper shell include a seat for a nozzle of the water jet pump, wherein the jet pump is formed between the connected upper and lower shells (Fig. 2, 70 forms a venturi nozzle that is upstream from the first coupling portion and downstream from the second coupling portion, 70 drains the expansion water from 17; Col. 3, lines 41-45, The stem 69 is provided with a venturi passage 70 (FIG. 2) which is upstream from an aspirator opening 72 to increase water velocity to assist in aspirating heated water from the expansion chamber as subsequently described.)
Regarding claim 22, Wicke teaches of the hot water tank according to claim 1, and Wicke further teaches of:
Wherein the expansion assembly further includes a pipe extending between the first and second coupling portions and defining a portion of the fluid path (Fig. 1, 69)
Regarding claim 23, Wicke teaches of:
An expansion assembly for use in a hot water device having a water container for receiving water to be heated (Fig. 1, 14 and 16 form a water container that heats water via 20), the expansion assembly comprising:
an upper shell having a first coupling portion configured to couple with a cold water feed line (Fig. 1, 60 is coupled to 148 vias 64);
a lower shell joined to the upper shell at circumferential edges to form an expansion tank configured to store expansion water (Figs. 1-3, 17 has a lower half shell 36 and an upper half shell 60 and is hermetically sealed at its circumferential edges via 61 in 63), the lower shell defining a second coupling portion connectable to a cold water pipe of the hot water device (Fig. 1, 36 couples to 52 via 46), wherein the first and second coupling portion are connected in fluid communication by a fluid path (the first and second coupling portions are connected); and
an emptying component configured to suction the expansion water from the storage tank to the second coupling portion, the emptying component including a venturi nozzle forming a portion of the fluid path and clamped between a first portion of the upper shell and a second portion of the lower shell (Fig. 2, 70 forms a venturi nozzle that is upstream from the first coupling portion and downstream from the second coupling portion, 70 drains the expansion water from 17; Col. 3, lines 41-45, The stem 69 is provided with a venturi passage 70 (FIG. 2) which is upstream from an aspirator opening 72 to increase water velocity to assist in aspirating heated water from the expansion chamber as subsequently described.).
Regarding claim 24, Wicke teaches of expansion assembly according to claim 23, and Wicke further teaches of:
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 (Fig. 2, 72 is an opening and 74 is a ball that seals 72)
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wicke (US 4513887 A).
Regarding claim 5, Wicke teaches of the expansion assembly according to claim 4, however, Wicke fails to explicitly teach:
Wherein the nozzle has a parabolically tapering cross-sectional shape
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 143 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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wicke (US 4513887 A) as presented in claim 4, 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).
Regarding claim 6, Wicke teaches of the expansion assembly according to claim 4, however, the Wicke fails 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 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)
Claim(s) 12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wicke (US 4513887 A) as presented in claim 11, and in further view of CH 574069 A5 hereinafter referred to as Ref. 1.
Regarding claim 12, Wicke teaches of the expansion assembly according to claim 11, however, Wicke fails 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 has a blocking element; configured to prevent water from leaking out of the expansion tank via the venting component (Figs. 1-3, air is ventilated out of the ventilation opening 5 and when water comes into contact with the blocking element 17 it swells and presses against 11 sealing the ventilation opening, the swollen state is shown in Fig. 3 and the unswollen dry state is shown in Fig. 2).
The combined teachings can be modified to meet this/these limitation(s) as follows:
add 11-17 of Ref. 1 to the venting component of Wicke so that when water leaks out of the venting component of Wicke the venting component is sealed off due to the swelling of 17
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 prevents water from leaking out of the venting component (Ref. 1, Pg. 1, In such valves, ventilation of the space adjacent to the diaphragm containing the spring is necessary to prevent corrosion, especially of the spring, caused by condensation. However, ventilation has the disadvantage that liquid that enters the room when the membrane is leaking will escape from the valve through the ventilation opening. This is particularly undesirable in water installations that have a pressure reducing valve of this type on each floor. If the membrane ruptures, flooding can occur in the affected apartment. But even if the water only seeps through the membrane, the leakage of the smaller amount of water in an apartment is very undesirable. The object of the invention is to prevent liquid from escaping from the valve through the ventilation opening if the membrane is leaking.)
Regarding claim 14, Wicke teaches of the expansion assembly according to claim 12, and the Wicke further teaches of:
wherein the blocking element is a swelling disk (see combination made in claim 12 above, Ref. 1, Figs. 1-3, 17 is a swelling disk).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wicke (US 4513887 A) as presented in claim 17, and in further view of “Friction welding” hereinafter referred to as NPL1 (copy of NPL provided in file wrapper).
Regarding claim 18, the combined teachings teach of the expansion assembly 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.
NPL1 teaches of:
utilizing friction welding for attaching two parts (“Advantages of the friction welding process” paragraph)
The primary reference can be modified to meet this/these limitation(s) as follows:
friction weld 36 and 60
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 allow for a strong, reliable connection between the two pieces to be formed quickly (NPL1, “Advantages of the friction welding process” paragraph)
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wicke (US 4513887 A) as presented in claim 1 and 17, and in further view of Joo (KR 20090129829 A).
Regarding claim 21, Wicke teaches of the hot water tank according to claim 1, and however, Wicke fails 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 (Fig. 6, 270’ is a float configured to close a venting assembly)
The primary reference can be modified to meet this/these limitation(s) as follows:
modify vent 62 of Wicke so that is matches 122 of Joo
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 from the air vent when the expansion tank is full (Joo, Pg. 12, lines 4-6, the on-off valve (250, 260, 270') rises to precisely close the air distribution port (122), thereby preventing overheated hot water from leaking through the air distribution port (122).)
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 4 of copending Application No. 18367123 in view of “Spin Welders” (copy of NPL previously provided).
This is a provisional nonstatutory double patenting rejection.
Instant application 18267159
Reference application 18267123
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 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 4:
The compensation assembly according to claim 1, wherein compensation tank includes an internal conduit extending from the first coupling portion to the second coupling portion
As shown in the mapping above, claims 1 and 4 of the reference application contain all the limitations of claim 1 of the instant application. Claims 1 and 4 differ from the instant application at two points, first, the use of compensation instead of expansion, and in particular compensation tank instead of expansion tank. However, the reference application explicitly states that the compensation assembly and vessel compensate for expansion of the water within the water tank (See ¶ [0076] of the reference application’s specification) and therefore the “expansion assembly” and “expansion tank” are the same as a “compensation assembly” and “compensation vessel”.
Further, none of the claims of the reference application explicitly state that the friction welds are hermetic for the compensation vessel.
However, the “Spin Welders” NPL reference teaches of utilizing a friction welding technique to form hermetic seals in applications requiring a water tight connection which would be the exact situation of an expansion tank/compensation vessel.
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the instant application to modify the friction welding of the reference application to be Spin Welders resulting in a hermetic seal as it would ensure that no water leaks out of the compensation vessel.
As a result of the analysis above, all the limitations of claim 1 of the instant application are provisionally rejected by claims 1 and 4 in view of the “Spin Welders” NPL.
Claims 17 and 21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 18-19 of copending Application No. 18367123 in view of Wicke (US 4513887 A).
This is a provisional nonstatutory double patenting rejection.
Instant application 18267159
Reference application 18267123
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:
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 inlet;
a ventilation component disposed in the compensation tank.
Claim 21 (see interpretation in claim objection above)
The hot water tank according to claim 1, 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.
Claim 19:
The hot water tank according to claim 18, 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.
As shown in the mapping above, claims 18-19 of the reference application contain all the limitations of claims 17 and 21 of the instant application. Claims 18 and 19 differ from the instant application at two points, first, the use of compensation instead of expansion, and in particular compensation tank instead of expansion tank. However, the reference application explicitly states that the compensation assembly and vessel compensate for expansion of the water within the water tank (See ¶ [0076] of the reference application’s specification) and therefore the “expansion assembly” and “expansion tank” are the same as a “compensation assembly” and “compensation vessel”.
Further, none of the claims of the reference application explicitly state that venting assembly is at least partially defined by the upper shell.
However, Wicke teaches of a venting assembly being defined by the upper shell (Fig. 1, 62 is defined by 60).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the instant application to modify upper shell of the reference application to define the venting assembly as it would allow for the half shells of the compensation vessel to fill with water while still ventilating air to the atmosphere.
As a result of the analysis above, all the limitations of claims 17 and 21 of the instant application are provisionally rejected by claims 18-19 in view of Wicke.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steve McAllister can be reached at (571) 272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL JAMES GIORDANO/Examiner, Art Unit 3762
/STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762