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 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.
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 located in claim 1 are: heat transfer device, conveying device, and energy unit.
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 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 1-5 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. The term, control unit, does not have any structural features enumerated in the written disclosure of the invention.
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 1-5 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. The term, control unit, does not have any structural features enumerated in the written disclosure of the invention and so the Office unsure as to exactly what it is.
Specification
The disclosure is objected to because of the following informalities: Figure 1 is defined as two separate figures in the description of the drawings when only one figure was submitted.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the Fan of claim 5 must be shown or the feature canceled from the claim(s). No new matter should be entered.
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
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 1 and 3-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Consadori et al. (US 2019/0212033).
Regarding claim 1, Consadori (C) discloses a device for heating room air and a liquid (100, Abstract, Figure 7), comprising: an air inlet (107,109), an air outlet (345), a liquid inlet (106), a liquid outlet (108), an energy unit (275), a heat transfer device (250), a medium container (200, radiator), a medium line (138), a conveying device (170, i.e., pump) and a control unit (350), wherein room air to be heated enters the device via the air inlet (107,109), wherein heated room air exits the device via the air outlet (345), wherein liquid to be heated enters the device via the liquid inlet (106), wherein heated liquid exits the device via the liquid outlet (108), wherein the energy unit produces thermal energy ([0208]), wherein the heat transfer device (250) transfers the thermal energy produced by the energy unit to the room air and/or the liquid, wherein the medium container serves to receive liquid and air (radiators contain both), wherein the medium line serves to conduct liquid and air (contents of the radiator), wherein the heat transfer device and the medium line are configured and arranged relative to each other such that the heat transfer device transfers thermal energy to the liquid present in the medium line, wherein the conveying device serves to move liquid and/or air from the medium container to the medium line ([0210,0242]), and from the medium line to the medium container, wherein the control unit controls the conveying device ([0242]), and wherein in case the device is intended to heat only room air in an air mode, the control unit, in a preparation step, controls the conveying device such that the conveying device moves air from an air cushion in the medium container through the medium line ([0210-0211]). As a clarification, because the radiator’s contents comprise air and water any mode of heating will have some air entrapped therewithin and thus pumped through the heating system, regardless of the name of the step.
Regarding claim 3, Consadori (C) discloses the device according to claim 1, wherein in the preparation step, the conveying device removes air from the air cushion and supplies it back to the medium container after the passage through the medium line ([0210-0211]). As a clarification, because the radiator’s contents comprise air and water any mode of heating will have some air entrapped therewithin and thus pumped through the heating system, regardless of the name of the step.
Regarding claim 4, Consadori (C) discloses the device according to claim 1, wherein in case the device is intended to heat either only liquid or liquid and room air, the control unit (350, [0210]) controls the conveying device such that liquid flows from the medium container to the medium line, and from the medium line to the medium container ([0209, 0211], i.e., loop).
Regarding claim 5, Consadori (C) discloses the device according to claim 1, further comprising a fan (325) for conveying the room air from the air inlet to the air outlet ([0307-0308]).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Consadori et al. (US 2019/02112033) and Wickelmaier et al. (US 2015/0013781).
Regarding claim 2, Consadori (C) discloses the device according to claim 1, but not that the medium container, the conveying device, and the medium line are configured and adapted to each other such that an amount of air in the medium container, the conveying device, and the medium line remains substantially constant.
However, Wickelmaier (W) discloses a pressure compensating device (Abstract, Figure 1) that when installed in the medium line would ensure that the medium container, the conveying device, and the medium line are configured and adapted to each other such that an amount of air in the medium container, the conveying device, and the medium line remains substantially constant ([0069-0071]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to modify the hydro furnace of Consadori by installing a pressure compensation device to stabilize the temperature and pressure of the medium to create a stable temperature profile of the medium to prevent scalding of the users.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN E BARGERO whose telephone number is (571) 270-1770. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN E BARGERO/Examiner, Art Unit 3762
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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