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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: lower surface (221) (SEE [79]). 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. 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 § 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.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ono (2020/0271353) in view of CN210801178 (CN ‘178). Ono discloses a burner (1) for a water heater (SEE [0017]-[0019]), which is located on an upstream side (SEE Figures 2-4) of a combustion chamber (2) with respect to a reference direction that is a flow direction of a combustion gas generated through a combustion reaction, the burner includes a plate-shaped distribution plate (124) configured to generate the combustion reaction (SEE [0022]), wherein when one direction that is perpendicular to the reference direction is defined as a lengthwise direction and a direction that is perpendicular to the reference direction and the lengthwise direction is defined as a widthwise direction (SEE Figure 5), a plurality of through-holes (124a) are disposed in the distribution plate along the reference direction to be spaced apart from each other along the lengthwise direction and the widthwise direction such that a mixture of a fuel and air for the combustion reaction pass therethough (SEE Abstract), Ono further discloses that the distribution plate includes a central portion located at a center with respect to the widthwise direction, and outskirt portions located on opposite sides of the central portion (as per Figure 5, however does not disclose specifically a penetration density obtained by dividing a sum of areas of the through-holes located at the outskirt portions by areas of the outskirt portions is smaller than a penetration density obtained by dividing a sum of areas of the through-holes located at the central portion by an area of the central portions. CN ‘178 teaches a burner having a distribution plate having a plurality of through holes which contribute to the production of a flame which burns gas more fully while reducing CO and NOx emissions ((SEE [0025]-[0028]) & Figures 1-3), this plurality of hole patterns results in a penetration density obtained by dividing a sum of areas of the through-holes (2) located at the outskirt portions by areas of the outskirt portions is smaller than a penetration density obtained by dividing a sum of areas of the through-holes (3) located at the central portion by an area of the central portions. It would have been obvious before the effective filing date of the applicants claimed invention to a person having ordinary skill in the art to which the subject matter pertains to have modified the design of the through hole configuration of the distribution plate of Ono by having the design of CN ‘178 which includes a central portion having a plurality of large holes and smaller less dense collection of smaller holes on the outskirt portion of the distribution plate and arrived at the applicants claimed invention for the purpose of burning fuel gas more completely while also reducing CO and NOx emissions. In re claim 2, Ono as modified by CN ‘178 would meet the limitations of the applicants claimed invention since the resulting distribution plate would have the penetration density of the outskirt portions is not more than 70% of the penetration density of the central portion (as per CN ‘178 teaching). In re claim 3, Ono as modified by CN ‘178 would meet the limitations of the applicants claimed invention since the resulting distribution plate would result in a design (as per Figures 1-3 of CN ‘178) wherein widths of the outskirt portions with respect to the widthwise direction are smaller than a width of the central portion. In re claim 4, Ono as modified by CN ‘178 would meet the limitations of the applicants claimed invention since the resulting distribution plate would result in a design (as per Figures 1-3 of CN ‘178) wherein the widths of the outskirt portions are not less than 9.5% and not more than 25% of a width of the distribution plate, and wherein the width of the central portion is not less than 50% and not more than 81% of the area of the distribution plate. In re claim 5, Ono as modified by CN ‘178 would meet the limitations of the applicants claimed invention since the resulting distribution plate would result in a design (as per Figures 1-3 of CN ‘178) wherein the numbers of through-holes disposed at the outskirt portions is smaller than the number of through-holes disposed at the central portion. In re claim 6, Ono as modified by CN ‘178 would meet the limitations of the applicants claimed invention since the resulting distribution plate would result in a design (as per Figures 1-3 of CN ‘178) wherein the number of through-holes disposed at the central portion is not less than 2 times and not more than 8.5 times of the numbers of through-holes disposed at the outskirt portions. In re claim 7, Ono as modified by CN ‘178 would meet the limitations of the applicants claimed invention since the resulting distribution plate would result in a design (as per Figures 1-3 of CN ‘178) wherein a sum of the areas of the through-holes disposed at the outskirt portions is smaller than a sum of the areas of the through-holes disposed at the central portion. In re claim 8, Ono as modified by CN ‘178 would meet the limitations of the applicants claimed invention since the resulting distribution plate would result in a design (as per Figures 1-3 of CN ‘178) wherein the sum of the areas of the through-holes disposed at the outskirt portions is not less than 10.6% and not more than 33.6% of a sum of the areas of the through-holes disposed at the distribution plate, and wherein the sum of the areas of the through-holes disposed at the central portion is not less than 66.3% and not more than 89.4% of the sum of the areas of the through-holes disposed at the distribution plate. In re claim 9, Ono as modified by CN ‘178 would meet the limitations of the applicants claimed invention since the resulting distribution plate would result in a design (as per Figures 1-3 of CN ‘178) wherein the through-holes disposed at the outskirt portions (2) include outer through-holes disposed at an outermost side with respect to the widthwise direction, and inner through-holes (3) disposed on an inner side of the outer through-holes. In re claim 10, Ono as modified by CN ‘178 would meet the limitations of the applicants claimed invention since the resulting distribution plate would result in a design (as per Figures 1-3 of CN ‘178) wherein the outer through-holes and the inner through-holes are alternately disposed along the lengthwise direction to be spaced apart from each other when viewed along the widthwise direction, and wherein the outer through-holes and the inner through-holes are disposed to be spaced apart from each other by a first interval and a second interval alternately (Figure 3). In re claim 11, Ono as modified by CN ‘178 would meet the limitations of the applicants claimed invention since the resulting distribution plate would result in a design (as per Figures 1-3 of CN ‘178) wherein areas of the through-holes disposed at the outskirt portions are smaller than areas of the through-holes disposed at the central portion. In re claim 12, Ono as modified by CN ‘178 would meet the limitations of the applicants claimed invention since the resulting distribution plate would result in a design (as per Figures 1-3 of CN ‘178) wherein widths of the through-holes (4) disposed at the outskirt portions, along the widthwise direction, is smaller than widths of the through-holes (3) disposed at the central portion, along the widthwise direction (SEE Figure 3). In re claim 13, Ono as modified by CN ‘178 would meet the limitations of the applicants claimed invention since the resulting distribution plate would result in a design (as per Figures 1-3 of CN ‘178) wherein thicknesses of the through-holes (4) disposed at the outskirt portions, along the lengthwise direction, is smaller than thickness of the through-holes (3) disposed at the central portion, along the lengthwise direction. In re claim 14, Ono as modified by CN ‘178 would meet the limitations of the applicants claimed invention since Ono further discloses a burner frame (121, SEE Figure 5 of Ono) having an opening (122) at a center thereof, and to which opposite widthwise and lengthwise ends of the distribution plate (124) are coupled (SEE Figure 6) such that the distribution plate (124) is disposed to close the opening, wherein widthwise inner ends of the burner frame are disposed at the outskirt portions. With regards to claim 15, Ono as modified by CN ‘178 does not meet the limitations of the applicants claimed invention, however it would be obvious and certainly within the level of a person having ordinary skill in the art to add a cover to block any portion of the through holes of the distribution plate as necessary as an obvious matter of design choice as the applicant has not disclosed that covering a portion of the through holes disposed at the outskirt portions solves any stated problem in a new or unexpected way or is for any particular purpose which is unobvious to one of ordinary skill. In re claim 16, Ono as modified by CN ‘178 would meet the limitations of the applicants claimed invention since the resulting distribution plate would result in a design (as per Figures 1-3 of CN ‘178) wherein the distribution plate (124 of Ono) includes a combustion area (the central part) that is an area, in which the combustion reaction is generated, wherein the combustion area has a profile that is formed to be convex downwards (SEE Figure 5 of Ono) in a cross-section taken along a plane that is perpendicular to the lengthwise direction, and wherein the combustion area is formed such that a normal line drawn from at least one of two outer points located on an outermost side with respect to the widthwise direction does not contact an inner surface of the combustion chamber (SEE element 12 of Ono in figure 5). In re claim 17, Ono discloses a water heater (Figures 1-4) including a burner including a mixing chamber (11), in which a fuel and air are mixed to generate a mixture, and a plate-shaped distribution plate (124) configured to generate a combustion reaction when the mixture is ejected; a combustion chamber (2) configured such that flames generated through the combustion reaction are located in an interior thereof; a heat exchanger (3) configured to heat water by using heat generated through the combustion reaction; and a combustion chamber heat insulating pipeline (5) configured such that water flows to an outside of the combustion chamber for heat-insulating the combustion chamber, wherein when a direction, in which the combustion gas generated through the combustion reaction flows, is defined as a reference direction (which would be vertically down), one direction that is perpendicular to the reference direction is defined as a lengthwise direction (horizontal), and a direction that is perpendicular to the reference direction and the lengthwise direction is defined as a widthwise direction (better illustrated in Figure 5), a plurality of through-holes (124a) are disposed in the distribution plate (124) along the reference direction to be spaced apart from each other along the lengthwise direction and the widthwise direction such that the mixture pass therethrough, and the distribution plate includes a central portion located at a center with respect to the widthwise direction, and outskirt portions located on opposite sides of the central portion. Ono does not specifically disclose a pattern for the plurality of through holes which meet the limitations of “wherein the through-holes formed at the outskirt portions are disposed such that outer distal ends of flames formed by the mixture passing through the through-holes disposed at the outskirt portions with respect to the widthwise direction are located on an inner side of a portion of a side wall of the combustion chamber, which contacts the combustion chamber heat insulating pipeline”. CN ‘178 teaches a burner having a distribution plate having a plurality of through holes (3 & 4) which have a hole pattern of through-holes (4) formed at the outskirt portions are disposed such that outer distal ends of flames (SEE Figure 2) formed by the mixture passing through the through-holes disposed at the outskirt portions with respect to the widthwise direction are located on an inner side of a portion of a side wall of the combustion chamber, which contacts the combustion chamber heat insulating pipeline. It would have been obvious before the effective filing date of the applicants claimed invention to a person having ordinary skill in the art to which the subject matter pertains to have modified the design of the through hole configuration of the distribution plate of Ono by having the design of CN ‘178 which includes a central portion having a plurality of large holes and smaller less dense collection of smaller holes on the outskirt portion of the distribution plate and arrived at the applicants claimed invention for the purpose of producing a flame which burns gas more fully while reducing CO and NOx emissions ((SEE [0025]-[0028]) & Figures 1-3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A WILSON whose telephone number is (571)272-4882. The examiner can normally be reached M-F; 7:00am-4:30pm.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GREGORY A WILSON/Primary Examiner, Art Unit 3762 November 22, 2025