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 .
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.
Claims 1-15 are 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 1 recites the limitation "the inlet means”. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 does not present an inlet means as such it is not obvious what the control activates or deactivates.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-6, 8-10, 13-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nemeth (US 4370543).
Nemeth discloses in reference to claim:
1. A heating device 1 for heating water, comprising: a container 1a, 1b having an inlet 17a and an outlet 17b; two spaced-apart plates 21a, 21b which act as electrodes and are each connected (at 11-- The screws 11 are connected as shown at 5 in FIG. 1 through a power line 6 to a source of electrical power with switch 7 controlling the supply of electric current. ) to an electrical voltage source for generating a current flow through the water located between the plates; a control device 33 for activating and deactivating the inlet means and for activating and deactivating the voltage source. Note control device 33 supplies water to the heating device, As the surfaces of the plates 21a, 21b, 21c become more immersed in the rising water level, the passage of electric current will be increased and the water consequently gets hot faster. In this way control device 33 controls the activating and deactivating of the voltage source.
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2. The heating device according to claim 1, comprising a detector (the electrode assembly itself) for detecting the conductance of the water located between the plates (voltage is applied by the source however no current flows until the electrode assembly “detects” water between the electrodes) , wherein the control device is configured to adjust a controllable valve at the inlet and/or the voltage source as a function of the detected conductance.
Note that the flow of current between electrodes is controlled by the control device 33 in that the flow of current is increased as the water level increases within the vessel 1.
3. The heating device according to claim 1, wherein the inlet comprises a controllable valve 33 and the controller 33 is configured to open and close the controllable inlet valve.
5. The heating device according to claim 3, wherein the controller is configured to control the controllable inlet valve and the voltage source for different operating modes. Note that Nemeth discloses that the control valve 33 can be adjusted to limit the volume of water inlet into the device such that steam is generated or by increasing the volume of water in the vessel 1 such that hot water is produced. See figures 7 and 8 .
6. The heating device according to claim 5, wherein one or more of the operating modes Pumping, Mixing, and Steam generation can be selected as the operating mode and carried out. Note that Steam generation can be selected as the operating mode by limiting the volume passed by the control valve 33.
8. The heating device according to claim 6, wherein, in the steam generation operating mode, the control device is configured to control the controllable inlet valve such that a level with a free volume above the plates is set in the container. See figure 7 showing free volume above the plates while in steam generation mode.
9. The heating device according to claim 6, wherein, in the mixing operating mode, the controller is configured to control the controllable inlet valve such that a level in the container is set at which the plates are fully flooded and a convection flow of the water within the container can be set. See Figure 8 showing the plates being fully flooded, current passing through the water causing the water the heat and the water when heated will establish a convection flow within the vessel 1.
10. The heating device according to claim 1, further comprising a sensor for detecting the level of water located in the container or between the plates. Note the electrode assembly acts as a sensor or detector to sense or detect the water level in that no current flows in the device until a minimum water level is reached.
13. A water-conducting device comprising a flow line system and a heating device arranged therein according to claim 1. See figures of Nemeth.
14. The water-conducting device of claim 13, wherein the device is a washing machine, dishwasher or hot beverage maker. Note Nemeth discloses a shower assembly, which is considered a washing machine. Note also that the heated water can be consumed as a hot beverage.
Claim(s) 1-7, 13-15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Callahan et al. (US 2018/0347830A1).
Callahan discloses in reference to claim:
1. A heating device 10 for heating water, comprising: a container 18 having an inlet 36 and an outlet 26; two spaced-apart plates (see incorporated references to U.S. Pat. Nos. 7,817,906 and 9,587,853) which act as electrodes and are each connected to an electrical voltage source for generating a current flow through the water located between the plates ; a control device 52 for activating and deactivating the inlet means and for activating and deactivating the voltage source.
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Unit 10 further includes a controller 52.
Controller 52 is linked to the temperature sensor 50 for receipt of outlet liquid temperature information; to heater 18 so that the controller can detect the heating rate applied by the heater and adjust the heating rate, to pump 40 so that the controller can activate and deactivate the pump; and to valve actuator 46 so that the controller can open and close valve 44 and adjust valve 44 to intermediate positions. Controller 52 is arranged to perform the control operations discussed below. The controller may include, analog, digital or mixed electronic elements, and may also include optical, mechanical and electromechanical elements. Most typically, the controller includes one or more programmable digital microelectronic circuits which are programmed to perform the control operations discussed below. The program may be “hard-wired” in the circuits, or may be stored as one or more sets of instructions in a memory (not shown) incorporated in the controller. The controller may have a stored set point temperature and setpoint heating rate permanently stored during manufacture, or may have a user-adjustable control (not shown) for adjusting the setpoint temperature, setpoint heating rate, or both. The controller typically includes conventional interfacing and drive circuits (not shown) for translating between logic-level signals and signals at the levels needed to actuate other components, and may also include conventional analog-to-digital and digital-to-analog converters. Unit 10 further includes appropriate power supply connections (not shown) for supplying electrical power to the other elements of the system. Where the heater is a combustion heater, an appropriate fuel supply connection desirably is also included in unit 10. The power supply and fuel supply connections to the heater may be connected to the drive circuits of the controller. Although the controller is depicted in FIG. 1 as a unitary structure, it may incorporate multiple elements performing the various functions discussed below. Also, although the controller is depicted as housed within the enclosure defined by frame 10, some or all of the elements constituting the controller may be disposed outside of the controller. The connections between elements of the controller, and the connections between the controller and other elements of unit 10, may be made through any medium of communication.
2. The heating device according to claim 1, comprising a detector for detecting the conductance of the water located between the plates, wherein the control device is configured to adjust a controllable valve at the inlet and/or the voltage source as a function of the detected conductance.
See paragraph (11) of incorporated reference US 7817906--In operation, the switches are selectively closed by a controller, thereby placing the power supply voltage between electrodes. The power delivered to heat the liquid between the electrodes, generally proportional to the current drawn from the power supply, is a function of 1) the spacing between the electrodes and 2) the number of electrode pairs to which power is applied through switches 7. The switch matrix 6 of the present invention provides great flexibility in this regard. For example, when the minimum current is required, one of the switches 8 electrically connected to a first endmost electrode 4 (one of the two that define only one channel) is closed, thereby connecting the electrode to a first side of the power supply and one of the switches 8 electrically connected to the opposite endmost electrode (the electrode most distant from the first endmost electrode) is closed such that it is connected to a second side of the power supply. All of the other switches 8 remain open and therefore the electrodes 4 interposed between the endmost electrodes remain electrically unconnected. This places the maximum distance between the electrodes to which the voltage source can be connected, thereby causing the electrical conductance between the cells to be minimized and likewise the electrical current and therefore the power delivered to the liquid for heating to be likewise minimized. It is possible to increase the electrical current by connecting the power supply to an electrode via one of the switches 8 that is physically and closer to the first electrode. Thus, the present invention provides for adjusting the current, and power delivered for heating, according to the separation between the electrodes to which voltage is applied.
Callahan teaches the use of heater disclosed in US 7817906, which discloses a control means comprising detecting a conductance of the water located between the plates (note when voltage is applied by the source no current flows until the electrode assembly “detects” water between the electrodes), wherein the control device 52 is configured to adjust the voltage source as a function of the detected conductance.
3. The heating device according to claim 1, wherein the inlet comprises a controllable valve 44 and the controller 52 is configured to open and close the controllable inlet valve.
4. The heating device according to claim 1, wherein the outlet comprises a valve 201a-c, wherein the valve is designed to be controllable and the control device is configured to open and close the controllable outlet valve.
Callahan discloses at [0041] A system according to a further embodiment of the invention (FIG. 4) is generally similar to the system of FIGS. 1 and 2 discussed above. However, the outlet end connection 224 includes a manifold which is connected to the outlet 222 of the heater, and to three outlet connection pipes 227a, 227b and 227c. Each outlet connection pipe 227 is provided with a respective shutoff valve 201a, 201b, 201c having an actuator such as a solenoid or motor mechanism capable of closing and opening the shutoff valve. Manifold 226 is connected to a branch pipe 230 leading to the reservoir return connection point and the return conduit 268 extending into reservoir 268.
5. The heating device according to claim 3, wherein the controller is configured to control the controllable inlet valve and the voltage source for different operating modes (supply mode and idle mode).
When one or more of the fixtures is opened to draw hot water from the system, the system operates in a supply mode. In this mode of operation, cold water from source 60 passes into the bottom of the tank through cold liquid inlet port 64 and also passes into the inlet end connection 36 through valve 44, so that pump 40 delivers a mixture of hot water drawn from the tank and cold water to the inlet of the heater. This will tend to cause a decrease in the outlet temperature measured by sensor 50, so that the control system will respond by raising the heating rate.
[0046] In idle mode, controller 252 maintains outlet valves 201a-201c bypass valve 205 closed, and sets recirculation shutoff valve 215 open so as to direct water from manifold 226 to the reservoir 262. In idle mode, the controller maintains the setpoint temperature at the first use temperature corresponding to the lowest water temperature required by any of the connected fixtures. In the same manner as discussed above, the heater operates to bring the water in reservoir 262 to the first use temperature and to maintain it at that temperature.
15. The heating device according to claim 5, wherein the controller is further configured to control the controllable outlet valve for different operating modes. See claim 4 mutatis mutandis
6. The heating device according to claim 5, wherein one or more of the operating modes Pumping, Mixing, and Steam generation can be selected as the operating mode and carried out.
When one or more of the fixtures is opened to draw hot water from the system, the system operates in a supply mode. In this mode of operation, cold water from source 60 passes into the bottom of the tank through cold liquid inlet port 64 and also passes into the inlet end connection 36 through valve 44, so that pump 40 delivers a mixture of hot water drawn from the tank and cold water to the inlet of the heater. This will tend to cause a decrease in the outlet temperature measured by sensor 50, so that the control system will respond by raising the heating rate.
7. The heating device according to claim 6, wherein, in the pumping operating mode, the control device 52 is configured to control the controllable inlet valve in such a way that a pulsating delivery (i.e. vavle open vs closed and/or pump active vs inactive) of the water is established.
Callahan discloses Unit 10 further includes a controller 52. Controller 52 is linked to the temperature sensor 50 for receipt of outlet liquid temperature information; to heater 18 so that the controller can detect the heating rate applied by the heater and adjust the heating rate, to pump 40 so that the controller can activate and deactivate the pump; and to valve actuator 46 so that the controller can open and close valve 44 and adjust valve 44 to intermediate positions.
13. A water-conducting device comprising a flow line system and a heating device arranged therein according to claim 1. See figure 3
14. The water-conducting device of claim 13, wherein the device is a washing machine, dishwasher or hot beverage maker. See figure 3
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
The Supreme Court in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness which are consistent with the proper “functional approach” to the determination of obviousness as laid down in Graham. The key to supporting any rejection under 35 U.S.C. 103 is the clear articulation of the reason(s) why the claimed invention would have been obvious. The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit.
EXEMPLARY RATIONALES
Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nemeth or Callahan.
Either Callahan or Nemeth disclose the claimed invention as discussed above except in reference to claim:
11. The heating device according to claim 1, wherein the container volume comprises a value in the range 200 ml to 2000 ml.
12. The heating device according to claim 1, wherein the plate size has a value in the range from 10 cm.sup.2 to 500 cm.sup.2, and the distance of the plates has a value in the range from 5 cm to 0.5 cm.
Whereas the inventions of Callahan or Nemeth disclose the claimed invention except for the specific container volume range or the plate size range, the question of obviousness relates to the skilled artisan’s ability to make design choices with respect to optimizing the size of components. Further noting that Callahan (7817906) discloses the electrodes are sized and spaced such that a preferred flow rate can be achieved, one of skill would have found it obvious to provide the claimed limitations, since it has been held that the mere change in size of a component is generally recognized as being within the skill of the artisan. With respect to claims to the volume of the heating device, one of skill in the art would find the volume claimed to be reasonable volumes for a device such as Callahan intended to provide heated water for washing (2000ml) or for beverages(200ml).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
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