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 .
Drawings
The drawings are objected to because the structural details of Fig. 1 appear to prevent the movement of valve body 7 in the upstream direction because fuel gas line portion 11 would block the movement of valve body 7 from assuming a closed positioned when a flashback occurs as depicted in Fig. 2. In other words, the fuel gas line portion 11 in Fig. 1 should terminate at the same downstream location as depicted in Fig. 2. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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)(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.
Claims 16-26 and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP S63297908 A (hereinafter “JP’908”).
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Regarding Claims 16-26 and 29, JP’908 discloses a gas heater mixing device comprising:
a mixing element (21) for mixing gas (i.e., air provided by fan 2/8) and fuel gas (see fuel gas inlet 26);
a gas line (see 15/16) for supplying gas into a chamber (24) of the mixing element;
a fuel gas line (26/27) for supplying fuel gas into the chamber; and
a moveable valve body (28/30), wherein the valve body is arrangeable between different positions for controlling the mixed gas flow that can flow through an outlet opening (see the downstream end of chamber 24) of the mixing element (21; particularly see control element 25 which controls the mixed gas flow that can flow through an outlet opening of the mixing element);
wherein the valve body (28/30) is formed such that the supply of fuel gas by means of the fuel gas line (26/27) into the chamber (24) depends on the position of the valve body (28/30) in the chamber;
wherein:
a. the valve body (28) closes the fuel gas line when the valve body is arranged in a first position; and/or
b. a fuel gas can be supplied into the chamber (24) when the valve body (28) is not arranged in the first position; and/or
c. the fuel gas amount that can be supplied into the chamber is dependent on the valve body (28) position in the chamber;
wherein the fuel gas line (27) guides the movement of the valve body (28) from a first position to a second position or vice versa;
wherein the valve body (28) comprises a valve shaft (see Figs. 1 and 2) that:
a. is inserted within a cavity of the fuel gas line (27); and/or
b. has an outer diameter that is smaller than an outer diameter of the fuel gas line (27); and/or
c. is at least partly surrounded by the fuel gas line (27); and/or
d. extends in a length direction of the mixing element from a head portion (30) of the valve body (28/30); and/or
e. a length of protrusion of the valve shaft (see 28) into the cavity of the fuel gas line (27) depends on a position of the valve body (28/30) in the chamber (24);
wherein the fuel gas line (27) comprises at least one fuel gas opening (29/32) through which fuel gas can be supplied into the chamber (24);
wherein:
a. the opening (32) is arranged such that fuel gas can be supplied into the chamber (24) transverse to a length axis of the mixing element (21); and/or
b. fuel gas openings (29/32) are arranged at a distance from each other along the length axis of the mixing element (21); and/or
c. the fuel gas line (27) is configured such that fuel gas is directed in a radial outward direction when it leaves the fuel gas opening (32); and/or
d. the at least one fuel gas opening (32) is arranged such that a movement direction of the valve body (28) differs from a direction of fuel gas when it leaves the fuel gas opening (32);
wherein:
a. the valve body (28) closes the fuel gas opening (29/32) or all fuel gas openings (29/32) if the valve body (28) is arranged in a first position; and/or
b. the valve body (28) does not close at least one fuel gas opening (29/32) if it is arranged in a second position; and/or
c. a number of fuel gas openings (29/32) that are not closed by the valve body increases when the valve body moves towards the second position (i.e., increases from zero to all); and/or
d. the valve body (28/30) moves in a linear direction;
wherein a fuel gas line portion (27):
a. is arranged coaxial, tangential, parallel or at an angle between 90° and 0° to a length axis of the mixing element (21); and/or
b. comprises the at least one fuel gas opening (29); and/or
c. is surrounded by the chamber (24);
wherein the chamber (24) has a form of a venturi nozzle (see 22);
wherein the fuel gas line (27) is arranged such that:
a. fuel gas can be supplied in an area of the mixing element (21) having the smallest flow cross section in the mixing element (see opening 23 defined by venturi element 22); and/or
b. fuel gas can be supplied in an area of the mixing element (21) having a smaller flow cross section than a part of the mixing element downstream and/or upstream of the area (see opening 23 defined by venturi element 22 which is a smaller flow cross section than a part of the mixing element downstream and/or upstream of the area);
a gas heater (1) comprising a gas heater mixing device (21) according to claim 16 and a burner (5) that is arranged downstream of the mixing device (21) and that is fluidically connected with the mixing device (21);
wherein:
a. the gas heater (1) comprises a fan (2/7) for supplying the gas to the gas heater mixing device (21); and/or
b. the gas heater (1) comprises a fuel gas valve (28) for controlling the fuel gas supplied into the gas heater mixing device (21).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over JP’908 in view of EP 0702194 A1 (hereinafter “EP’194”).
Regarding Claim 27, JP’908 does not disclose wherein the valve body is arranged in the first position if a pressure at an end of the mixing device facing the burner is higher than a pressure at another end of the mixing device facing away from the burner.
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EP’194 teaches a similar valve body for a gas heater mixing device (1) wherein the valve body (5/11) is arranged in the first position if a pressure (P3) at an end (3) of the mixing device facing the burner is higher than a pressure (P2) at another end (2) of the mixing device facing away from the burner.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify JP’908 wherein the valve body is arranged in the first position if a pressure at an end of the mixing device facing the burner is higher than a pressure at another end of the mixing device facing away from the burner as taught and/or suggested by EP’194, since both references teach a gas heater mixing device comprising a movable valve body for regulating the gas and combustion air supply to a burner, it would have been obvious to one skilled in the art to substitute one movable valve body arrangement for the other to achieve the predictable result of regulating the gas and combustion air supply to a burner. Furthermore, in the provided English translation, EP’194 states that “The invention characterized in claim 1 has the advantage that, like the aforementioned double valve according to EP-A 0 559 280, it does not require a special drive for the valve body, but has the essential advantage over this prior art that even in the case a mechanical impairment of the movement of the two valve bodies, for example as a result of a clamping of the valve rod or as a result of increased friction, the gas / air ratio which has been set is maintained regardless of the respective position of the double valve body and thus proper combustion is guaranteed. This applies to all desired throughput values, i.e. even with very low throughput. This throughput is determined by the heat requirement, for example a hot water heater or a room to be heated, which controls the speed of the fan and thus the negative pressure downstream of the valve.”
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over JP’908 in view of WO 2013060997 A2 (hereinafter “WO’997”).
Regarding Claim 28, JP’908 does not disclose wherein the gas heater is configured to use fuel gas which comprises at least 10 mol % hydrogen.
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WO’997 teaches a similar valve body for a gas heater mixing device (see Fig. 3/5) wherein the gas heater is configured to use fuel gas which comprises at least 10 mol % hydrogen (see the provided English translation: “It is essentially a question here of combustion of a gaseous mixture and consequently of a mixture between a gaseous fuel and a gaseous oxidizer. Among the gaseous fuels, mention may be made of natural gas, propane, hydrogen, biogas, etc. The gaseous oxidant is mainly considered to be ambient air, but may consist of oxygen, etc.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify JP’908 wherein the gas heater is configured to use fuel gas which comprises at least 10 mol % hydrogen as taught and/or suggested by WO’997, since both references teach similar gas heater mixing devices which use a gaseous fuel, it would have been obvious to one skilled in the art to substitute one gaseous fuel for the other to achieve the predictable result of producing a combustible mixture.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over JP’908 in view of EP 0559280 A1 (hereinafter “EP’280”).
Regarding Claim 28, JP’908 discloses wherein the boiler (i.e., a water heater) comprises a gas heater according to claim 26.
JP’908 does not disclose a heat exchanger with a combustion chamber, wherein the burner of the gas heater is at least partly arranged within the combustion chamber.
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EP’280 teaches a gas heater mixing device for a boiler, wherein the boiler comprises a gas heater according to claim 26, and a heat exchanger (5) with a combustion chamber (2), wherein a burner (4) of the gas heater is at least partly arranged within the combustion chamber (2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify JP’908 to further comprise a heat exchanger with a combustion chamber, wherein the burner of the gas heater is at least partly arranged within the combustion chamber as taught and/or suggested by EP’280, since both references teach a boiler (i.e., a water heater) comprising a similar gas heater mixing device, it would have been obvious to one skilled in the art to substitute one boiler for the other to achieve the predictable result of heating water via use of said gas heater mixing device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because the references are either in the same field of endeavor or are reasonably pertinent to the particular problem with which the applicant was concerned. Please see form PTO-892 (Notice of References Cited) attached to, or included with, this Office Action. For example:
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORGE A PEREIRO whose telephone number is (571)270-3932 and whose fax number is (571) 270-4932. The examiner can normally be reached on M-F 9:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven B. 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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JORGE A PEREIRO/ Primary Examiner, Art Unit 3799