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
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in the UK on 07/15/2022. It is noted, however, that applicant has not filed a certified copy of the GB2210406.1 application as required by 37 CFR 1.55.
Drawings
Figures 6 and 10 (para. 0010 and 0014 describe known heaters) should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 Objections
Claim 9 is objected to because of the following informalities: “up to 10heater tubes” should include a space between “10” and “heater.” 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.
Claims 1-20 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.
Claims 1, 13, and 18 each recite “wherein one or more of the electric heating elements extend along at least a portion of the fluid flow path and cause the fluid flowing, in use, along the fluid flow path to experience a reduction in a local electric heating element power as the fluid flows, in use, along the fluid flow path.” Here, the claims recite that the fluid flowing experience a reduction in a local electric heating element power as the fluid flows. However, the relationship between the fluid and the power reduction is unclear. Specifically, it is not clear if “power” refers to electrical power or to, for instance, the heating output of the respective heating element. With respect to electrical power, it is understood that the electric heating elements function by generating heat upon the application of electrical current. As such, the heating element(s) would necessarily be coupled to a source of electrical power sufficient to provide the electrical current. It is the electric heating elements that receive and, as a result, experience electrical power. It remains unclear in what way, if any, the fluid is intended to experience the electrical power received by the heating element(s). As best understood, the heating element(s) generate heat upon the application of electrical current, which is then transferred to the flowing fluid in order to heat the flowing fluid. That is, the flowing fluid experiences the temperature resulting from the applied power and not the power itself. As such, it is unclear what is meant by the fluid flowing to experience a reduction in local electric heating element power. It is unclear, for instance, if the intention is for the heating element(s) to be variably operated such that one heating element operates at a higher temperature than another. Paragraph 0020 of the specification states that the local electric heating element power “may be understood as the heating power at a given point on a given electric heating element.” Based on this definition, it remains unclear what “power” is being referenced (i.e., supplied electric power or the heating elements ability to transfer heat to the water, for instance). If Applicant contends that “power” does not refer to the electric power supplied to the heating element, then clarification on what parameter(s) “power” includes is requested.
Claim 6 recites that the local electric heating element power varies along a portion of the length of the electric heating element “due to changes in the helical pitch of the internal filament.” This further compounds the confusion detailed above as it is unclear in what way, if any, the pitch of the heating element coil influences the supplied electric power.
Additionally, claim 18 recites “with the inlet” and “with the outlet” with respect to the heater tank inlet and outlet. However, “the inlet” and “the outlet” lack proper antecedent basis and it is unclear what inlet and outlet are being referenced.
Dependent claims 2-12, 14-17, and 19-20 inherit the above deficiencies due to their respective dependency from claims 1, 13, and 18.
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, 7, 8, 10, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sullivan (US2008/0285964).
Regarding claim 1, Sullivan teaches a heater tank system comprising:
a heater tank (Fig. 1; water heater 10) having a heater tank inlet (inlet 32; Fig. 3),
a heater tank outlet (outlet 34; Fig. 3), and
a fluid flow path from the heater tank inlet to the heater tank outlet (para. 0018; “It should be understood that the water enters through the inlet portion 32, flows through the modular heater 36, and exits via the outlet portion 34.”);
one or more electric heating elements (Figs. 4-5; modular heater 36 includes a plurality of heating units 50, each of which contains a heating tube 52) that are “configured to have an elongated heating element 62 disposed therein along its length”-para. 0021) having an electric heating element power (para. 0005; “electric power applied to the heating element acts to heat the water passing through the tub”) (para. 0027; “The control system 16 can then adjust the amount of current, power, or electricity supplied to the heating elements 62 within the tube 52 so as to either raise or lower the output temperature of the water. It will be understood by those skilled in the art that heating is achieved by supplying power in the form of an electric current to a resistor-type heating element 62 which acts to heat up the element 62 and then also to heat up the surrounding water flowing around the heating element 62. Shutting off or reducing the power supplied to the heating element 62 serves to stop of reduce the heating of the element”), the one or more electric heating elements (62) heating fluid flowing, in use, along the fluid flow path (para. 0022; “the water enters through the inlet portion 32 at a first temperature, flows through the heating tubes 52, is heated by the heating element 62, and exits from the outlet portion 34 at a high temperature”);
wherein one or more of the electric heating elements extend along at least a portion of the fluid flow path (Fig. 5) and cause the fluid flowing, in use, along the fluid flow path to experience a reduction in a local electric heating element power as the fluid flows, in use, along the fluid flow path (para. 0027; “The control system 16 can then adjust the amount of current, power, or electricity supplied to the heating elements 62 within the tube 52 so as to either raise or lower the output temperature of the water. It will be understood by those skilled in the art that heating is achieved by supplying power in the form of an electric current to a resistor-type heating element 62 which acts to heat up the element 62 and then also to heat up the surrounding water flowing around the heating element 62. Shutting off or reducing the power supplied to the heating element 62 serves to stop of reduce the heating of the element”) [Here, the electric heating elements 62 are described as being variably operated in which the electric power supplied to the heating elements can be increased or decreased in order to raise or lower the output temperature of the water being heated. Additionally, as a result of the water contacting the heating elements such that the generated heat is transferred to water as it is flowing, the heating elements would experience a drop in temperature. This drop in temperature translates to a reduction in output of the heating element. In other words, the heating elements output decreases as a result of water contact.].
Regarding claim 7, Sullivan teaches the claimed heater system, as applied in claim 1, and further teaches wherein the fluid flow path passes through one or more heater tubes (heating tubes 52).
Regarding claim 8, Sullivan teaches the claimed heater system, as applied in claim 7, and further teaches wherein the fluid flow path passes through a plurality of heater tubes (heating tubes 52) fluidly connected in flow series (tubes 52 are serially connected via connectors 54).
Regarding claim 10, Sullivan teaches the claimed heater system, as applied in claim 8, and further teaches wherein two or more of the heater tubes are arranged in parallel with each other at least in part (Fig. 4, shows multiple tubes 52 arranged in parallel with one another).
Regarding claim 12, Sullivan teaches the claimed heater system, as applied in claim 7, and further teaches wherein at least one electric heating element is disposed at least partially within each heater tube (Fig. 5; 62 arranged within tube 52).
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.
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sullivan (US2008/0285964) in view of Bowen (US2020/0037400).
Regarding claim 2, Sullivan teaches the claimed heater tank system, as applied to claim 1, and further teaches wherein the fluid flow path brings fluid into contact with a series of two of more electric heating elements [Sullivan teaches each heating tube 52 having a heating element 62 disposed therein where the heating tubes collectively define a portion of the fluid flow path between the inlet and outlet].
Sullivan also teaches, as a result of the fluid flow path, heating elements being arranged upstream/downstream of each other.
Sullivan is silent on at least one of the electric heating elements has an electric heating element power that is less than that of the electric heating element immediately upstream thereof.
Bowen relates to an electric water heating system (para. 0001-0002) which includes an inlet and outlet (20/22) and a fluid path defined between the inlet and outlet (para. 0009). Bowen teaches a plurality of heating elements (34) arranged within a portion (36) of the flow path and that the power output levels of the heating elements is independently operable and/or controllable (para. 0041, 0121, 0145, 0147).
Bowen teaches that each of the heating elements are independently operable in that they are arranged to be powered in a repetitive sequence (para. 0044; on or off for a period of time) and that the power condition is dependent on the volume and/or temperature of the fluid that is required (para. 0045).
As such, Bowen teaches operating at least one electric heating element to have an electric heating element power that is less than that of an adjacent electric heating element (para. 0063).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Sullivan with Bowen, by modifying the operation of the electric heating elements of Sullivan, to be independently operable as taught by Bowen, so that an electric heating element has a power that is less than that of the electric heating element immediately upstream thereof (by cycling the heating elements on and off, as taught by Bowen), which would provide reduced overall power consumption of the heating system while maintaining the continuous heating of the surrounding fluid (para. 0049 of Bowen).
Claim(s) 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sullivan (US2008/0285964) in view of Long (US 2013/0313246).
Regarding claim 3, Sullivan teaches the claimed heater tank system, as applied to claim 1, and further teaches the fluid path being defined by a plurality of heating tubes (52) having a heating element (62) disposed therein where the heating tubes collectively define a portion of the fluid flow path between the inlet and outlet. Sullivan also teaches, as a result of the fluid flow path, heating elements being arranged upstream/downstream of each other.
Sullivan is silent on the one or more of the electric heating elements comprising a series of a plurality of electric heating element segments, wherein at least one of the electric heating element segments has an electric heating element segment power that is less than that of the electric heating element segment immediately upstream thereof.
Long relates to electric heaters (para. 0001) and teaches an electric heating element (28; Fig. 2) comprising a series of a plurality of electric heating element segments (segments defined as Zones A, B, and C), wherein at least one of the electric heating element segments has an electric heating element segment power that is less than that of the electric heating element segment immediately upstream thereof (Fig. 2 and para. 0025 details zones A, B, and C having pitches P1, P2, and P3, respectively, with P3 being greater than P1 and P1 being greater than P2. The different pitches provide variable watt density. By providing a heating element that includes distinct segments each having a different watt density would provide at least one segment that has less electric power than an adjacent segment).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Sullivan with Long, by substituting the electric heating elements of Sullivan, with the segmented electric heating elements of Long, in order to provide a heating element that can rapidly increase the temperature of the fluid without overheating the fluid at the outlet (para. 00036).
Furthermore, using the segmented electric heater of Long would amount to a simple substitution of art recognized electric heating elements performing the same function of generating heat upon the application of electrical current to heat a fluid, and the results of the substitution would have been predictable. See MPEP 2144.06-II.
Regarding claim 4, Sullivan teaches the claimed heater tank system, as applied to claim 1, except for wherein the local electric heating element power varies continuously along at least a portion of the length of the electric heater element(s).
Long relates to electric heaters (para. 0001) and teaches an electric heating element (42; Fig. 3) having a local electric heating element power that varies continuously along at least a portion of the length of the electric heater element(s). (Fig. 3 and para. 0025-0026 and 0038 details the resistance heating element 42 having a continuously variable pitch along the length thereof and that the variable pitch produces regions of variable watt density. By providing a heating element that includes distinct regions each having a different watt density that is varied continuously the electric power would also be varied along the length of the heating element).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Sullivan with Long, by substituting the electric heating elements of Sullivan, with the electric heating elements of Long, in order to provide a heating element that can rapidly increase the temperature of the fluid without overheating the fluid at the outlet (para. 00036), as well as, reducing size of the heating element (para. 0038).
Furthermore, using the electric heater of Long would amount to a simple substitution of art recognized electric heating elements performing the same function of generating heat upon the application of electrical current to heat a fluid, and the results of the substitution would have been predictable. See MPEP 2144.06-II.
Regarding claims 5-6, Sullivan teaches the claimed heater tank system, as applied to claim 1, except for wherein one or more of the electric heating elements comprises an internal filament in the form of a coil having a helical pitch (claim 5) and wherein the local electric heating element power varies along at least a portion of the length of the electric heating element, due to changes in the helical pitch of the internal filament.
Long relates to electric heaters (para. 0001) and teaches an electric heating element (42; Fig. 3) comprising an internal filament in the form of a coil having a helical pitch (variable pitch P4-P9) (para 0026 discloses 42 is similar in structure to coil 28 of Figure 2. Para. 0024 discloses coil 28 including helical coils) (Figures 5 and 6 show an electric heating element having a double or triple helix structure).
Long also teaches wherein the local electric heating element power varies along at least a portion of the length of the electric heating element, due to changes in the helical pitch of the internal filament. (Fig. 3 and para. 0025-0026 and 0038 details the resistance heating element 42 having a continuously variable pitch along the length thereof and that the variable pitch produces regions of variable watt density. By providing a heating element that includes distinct regions each having a different watt density that is varied continuously the electric power would also be varied along the length of the heating element due to the changes in the pitch).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Sullivan with Long, by substituting the electric heating elements of Sullivan, with the electric heating elements of Long, in order to provide a heating element that can rapidly increase the temperature of the fluid without overheating the fluid at the outlet (para. 00036), as well as, reducing size of the heating element (para. 0038).
Furthermore, using the electric heater of Long would amount to a simple substitution of art recognized electric heating elements performing the same function of generating heat upon the application of electrical current to heat a fluid, and the results of the substitution would have been predictable. See MPEP 2144.06-II.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sullivan (US2008/0285964)
Regarding claim 9, Sullivan teaches the claimed heater system, as applied in claim 8, and further teaches heater tubes (52) fluidly connected in flow series (via connectors 54) and forming at least a portion of the fluid path (between inlet and outlet).
Sullivan does not explicitly teach that the number of heating tubes is up to 10 heater tubes (Note: Figure 4 only shows 4 heating tubes, although more could be positioned behind the ones shown in Fig. 4). However, Sullivan does state that the “number of heating tubes 52 can vary depending on factors such as the amount of water that is needed to be heated and the temperature to which it is to be heated, and the rate at which it is to be heated” and that a “greater number of heating tubes 52 corresponds to an ability to heat water at an increased flow rate” (para. 0021).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Sullivan, by replacing the number of heating tubes of Sullivan, being of some number necessarily, since the number of heating tubes is interpreted to be a result effective variable that would be optimized in order to achieve a recognized result. In this case the recognized result would be the amount of water to be heated and rate at which it is to be heated. A person of ordinary skill in the art would recognize that the number of heating tubes in a fluid heater influences the amount and rate of fluid being heated. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See MPEP 2144.05-ll-A and MPEP 2144.05-ll-B.
Additionally, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Sullivan, by modifying the number of heating tubes of Sullivan to be up to 10 heating tubes, for in doing so would be no more than the mere duplication of parts, which has no patentable significance unless a new and unexpected result is produced. See MPEP 2114.04-VI-B.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sullivan (US2008/0285964)
Regarding claim 11, Sullivan teaches the claimed heater system, as applied in claim 8, except for wherein two or more of the heater tubes are integrally formed with each other.
Sullivan teaches multiple heater tubes (52) being coupled together via couplers (54) in order to produce the fluid flow path (See Fig. 4-5 and para. 0020 and 0026).
Sullivan states that “any suitable coupling method may be used, including but not limited to an o-ring coupler or a threaded coupling arrangement” (para. 0020).
Sullivan does not explicitly state that the heater tubes are integrally formed with each other.
However, the difference between Sullivan and the claimed invention amounts to using a single construction forming the heater tubes (rather than the multi-component connection taught by Sullivan). This difference would be merely a matter of obvious engineering choice.
It would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Sullivan, by replacing the manner in which the heater tubes are coupled together of Sullivan, with heater tubes formed integrally together, as the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice. See MPEP 2144.04-V-B. In this case, having the heater tubes formed integrally together instead of coupled together with an intermediate structure would provide a fluid flow path of simpler construction (i.e., one in which includes less parts), which would reduce the areas along the flow path that would be prone to leaking.
Claim(s) 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Callahan (US 20180347830) in view of Sullivan (US2008/0285964).
Regarding claim 13, Callahan teaches an instantaneous water heater (para. 0005) (Fig. 1; water heater 10) comprising: an inlet (36) and an outlet (24); a heater tank (heater 18) having a heater tank inlet (inlet 20) in fluid communication with the inlet (36), a heater tank outlet (22) in fluid communication with the outlet (24), and a fluid flow path from the heater tank inlet to the heater tank outlet (para. 0014).
Callahan teaches the heater tank including one or more electric heating elements having an electric heating element power, the one or more electric heating elements heating fluid flowing, in use, along the fluid flow path (para. 0014).
Callahan is silent on wherein one or more of the electric heating elements extend along at least a portion of the fluid flow path and cause the fluid flowing, in use, along the fluid flow path to experience a reduction in a local electric heating element power as the fluid flows, in use, along the fluid flow path.
Sullivan relates to a water heater (para. 0002) and teaches a flow through heating system comprising:
a heater tank (Fig. 1; water heater 10) having a heater tank inlet (inlet 32; Fig. 3),
a heater tank outlet (outlet 34; Fig. 3), and
a fluid flow path from the heater tank inlet to the heater tank outlet (para. 0018; “It should be understood that the water enters through the inlet portion 32, flows through the modular heater 36, and exits via the outlet portion 34.”);
one or more electric heating elements (Figs. 4-5; modular heater 36 includes a plurality of heating units 50, each of which contains a heating tube 52) that are “configured to have an elongated heating element 62 disposed therein along its length”-para. 0021) having an electric heating element power (para. 0005; “electric power applied to the heating element acts to heat the water passing through the tub”) (para. 0027; “The control system 16 can then adjust the amount of current, power, or electricity supplied to the heating elements 62 within the tube 52 so as to either raise or lower the output temperature of the water. It will be understood by those skilled in the art that heating is achieved by supplying power in the form of an electric current to a resistor-type heating element 62 which acts to heat up the element 62 and then also to heat up the surrounding water flowing around the heating element 62. Shutting off or reducing the power supplied to the heating element 62 serves to stop of reduce the heating of the element”), the one or more electric heating elements (62) heating fluid flowing, in use, along the fluid flow path (para. 0022; “the water enters through the inlet portion 32 at a first temperature, flows through the heating tubes 52, is heated by the heating element 62, and exits from the outlet portion 34 at a high temperature”);
wherein one or more of the electric heating elements extend along at least a portion of the fluid flow path (Fig. 5) and cause the fluid flowing, in use, along the fluid flow path to experience a reduction in a local electric heating element power as the fluid flows, in use, along the fluid flow path (para. 0027; “The control system 16 can then adjust the amount of current, power, or electricity supplied to the heating elements 62 within the tube 52 so as to either raise or lower the output temperature of the water. It will be understood by those skilled in the art that heating is achieved by supplying power in the form of an electric current to a resistor-type heating element 62 which acts to heat up the element 62 and then also to heat up the surrounding water flowing around the heating element 62. Shutting off or reducing the power supplied to the heating element 62 serves to stop of reduce the heating of the element”) [Here, the electric heating elements 62 are described as being variably operated in which the electric power supplied to the heating elements can be increased or decreased in order to raise or lower the output temperature of the water being heated. Additionally, as a result of the water contacting the heating elements such that the generated heat is transferred to water as it is flowing, the heating elements would experience a drop in temperature. This drop in temperature translates to a reduction in output of the heating element. In other words, the heating elements output decreases as a result of water contact.].
It would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Callahan with Sullivan, by substituting the water heater of Callahan, with the water heater of Sullivan, for in doing so would merely provide an alternative flow through water heater.
Furthermore, using the water heater of Sullivan would amount to a simple substitution of art recognized electric water heaters performing the same function of heating water flowing therethrough, and the results of the substitution would have been predictable. See MPEP 2144.06-II.
Regarding claim 14, the primary combination teaches the claimed water heater, as applied in claim 13, and further teaches wherein the heater tank is surrounded at least partially by a casing (Callahan, casing 12/16 surround heater 18).
Regarding claim 15, the primary combination teaches the claimed water heater, as applied in claim 14, and further teaches wherein the casing surrounds at least partially further components of the instantaneous water heater (Callahan; Fig. 1, the casing 12/16 surrounds, for instance, controller 52, pump 40, valve 34, etc.).
Regarding claim 16, the primary combination teaches the claimed water heater, as applied in claim 14, and further teaches wherein the instantaneous water heater includes control circuitry (Callahan; Fig. 1, controller 52) configured to control operation of the heater tank (Callahan; para 0019 and 0026) (Additionally, as detailed above, Sullivan also teaches control circuity 16 controlling operation of the heating elements).
Regarding claim 17, the primary combination teaches the claimed water heater, as applied in claim 16, and further teaches a user input device operably connected to the control circuitry configured to control operation of the heater tank (Callahan; para. 0019 “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”).
Regarding claim 18, Callahan teaches a plumbing system (Fig. 1) comprising: an ablutionary fitting (shower head 72a); a heater tank (heater 18) having a heater tank inlet (inlet 20) in fluid communication with the inlet (36), a heater tank outlet (22) in fluid communication with the outlet (24), and a fluid flow path from the heater tank inlet to the heater tank outlet (para. 0014), the outlet providing fluid to the ablutionary fitting directly or through plumbing (28, 70; Fig. 1).
Callahan teaches the heater tank including one or more electric heating elements having an electric heating element power, the one or more electric heating elements heating fluid flowing, in use, along the fluid flow path (para. 0014).
Callahan is silent on wherein one or more of the electric heating elements extend along at least a portion of the fluid flow path and cause the fluid flowing, in use, along the fluid flow path to experience a reduction in a local electric heating element power as the fluid flows, in use, along the fluid flow path.
Sullivan relates to a water heater (para. 0002) and teaches a flow through heating system comprising:
a heater tank (Fig. 1; water heater 10) having a heater tank inlet (inlet 32; Fig. 3),
a heater tank outlet (outlet 34; Fig. 3), and
a fluid flow path from the heater tank inlet to the heater tank outlet (para. 0018; “It should be understood that the water enters through the inlet portion 32, flows through the modular heater 36, and exits via the outlet portion 34.”);
one or more electric heating elements (Figs. 4-5; modular heater 36 includes a plurality of heating units 50, each of which contains a heating tube 52) that are “configured to have an elongated heating element 62 disposed therein along its length”-para. 0021) having an electric heating element power (para. 0005; “electric power applied to the heating element acts to heat the water passing through the tub”) (para. 0027; “The control system 16 can then adjust the amount of current, power, or electricity supplied to the heating elements 62 within the tube 52 so as to either raise or lower the output temperature of the water. It will be understood by those skilled in the art that heating is achieved by supplying power in the form of an electric current to a resistor-type heating element 62 which acts to heat up the element 62 and then also to heat up the surrounding water flowing around the heating element 62. Shutting off or reducing the power supplied to the heating element 62 serves to stop of reduce the heating of the element”), the one or more electric heating elements (62) heating fluid flowing, in use, along the fluid flow path (para. 0022; “the water enters through the inlet portion 32 at a first temperature, flows through the heating tubes 52, is heated by the heating element 62, and exits from the outlet portion 34 at a high temperature”);
wherein one or more of the electric heating elements extend along at least a portion of the fluid flow path (Fig. 5) and cause the fluid flowing, in use, along the fluid flow path to experience a reduction in a local electric heating element power as the fluid flows, in use, along the fluid flow path (para. 0027; “The control system 16 can then adjust the amount of current, power, or electricity supplied to the heating elements 62 within the tube 52 so as to either raise or lower the output temperature of the water. It will be understood by those skilled in the art that heating is achieved by supplying power in the form of an electric current to a resistor-type heating element 62 which acts to heat up the element 62 and then also to heat up the surrounding water flowing around the heating element 62. Shutting off or reducing the power supplied to the heating element 62 serves to stop of reduce the heating of the element”) [Here, the electric heating elements 62 are described as being variably operated in which the electric power supplied to the heating elements can be increased or decreased in order to raise or lower the output temperature of the water being heated. Additionally, as a result of the water contacting the heating elements such that the generated heat is transferred to water as it is flowing, the heating elements would experience a drop in temperature. This drop in temperature translates to a reduction in output of the heating element. In other words, the heating elements output decreases as a result of water contact.].
It would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Callahan with Sullivan, by substituting the water heater of Callahan, with the water heater of Sullivan, for in doing so would merely provide an alternative flow through water heater.
Furthermore, using the water heater of Sullivan would amount to a simple substitution of art recognized electric water heaters performing the same function of heating water flowing therethrough, and the results of the substitution would have been predictable. See MPEP 2144.06-II.
Regarding claim 19, the primary combination teaches the claimed water heater, as applied in claim 18, and further teaches wherein the plumbing system is an electric shower in which a showerhead (72a) is the ablutionary fitting that receives fluid from the heater tank (18) (Fig. 1).
Regarding claim 20, the primary combination teaches the claimed water heater, as applied in claim 19, and further teaches wherein the plumbing system includes control circuitry (Callahan; Fig. 1, controller 52) configured to control operation of the heater tank (Callahan; para 0019 and 0026) (Additionally, as detailed above, Sullivan also teaches control circuity 16 controlling operation of the heating elements).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US2021/0274597 to Zeitz teaches a tankless hot water heater (Abstract) and teaches a plurality of heating coils disposed within sections of a fluid flow path (Fig. 2).
US 8744252 to Snyder et al. relates to a tankless liquid heater (Abstract) and teaches a plurality of heating elements (Fig. 2; 45) arranged along a fluid flow path (30-33).
US 4692592 to Kale relates to an electric liquid heater (Abstract) and teaches a plurality of heating elements (Fig. 2 and 6; 58, 60, 62, 64, 66, and 68) disposed within a fluid flow path (defined by compartments 38, 42, 46, 48, 52, 54).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN C DODSON whose telephone number is (571)270-0529. The examiner can normally be reached Mon.-Fri. 12:00-8:00 PM (ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at (571)270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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