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 .
Response to Amendment
The amendment filed 09/02/2026 details claims 1, 3-6, 9, 13, 18, and 20 as amended. Therefore, claims 1-20 remain pending.
The Examiner notes that the priority document has been received on 09/04/2026.
Applicant’s amendment sufficiently addresses the claim objections, rejections under 35 USC 112 (b), and the prior art rejections under 35 USC 102 and 103.
Further grounds of rejection, necessitated by amendment, are presented herein.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/10/2026 and 07/16/2026 were filed after the mailing date of the Office action on 06/02/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
Applicant's arguments filed 09/02/2026, with respect to the previously indicated objections to the drawings, have been fully considered but they are not persuasive.
Applicant contends that:
Fig. 6 is a comparative computational fluid dynamics heat map, and Fig. 10 is a graph showing results of a hot shot test. See Applicant's Specification, at [0010] and [0014]. Applicant respectfully submits that these figures do not depict prior art heater tank structures or designs. The fact that [0010] and [0014] reference known heater tanks does not render Figs. 6 and 10 illustrations of prior art. Figs. 6 and 10 illustrate results and data, not the heater tank structures themselves. Accordingly, a "Prior Art" legend is neither required nor appropriate for Figs. 6 and 10, and Applicant respectfully requests withdrawal of these objections.
In response, the Examiner respectfully disagrees. With respect to Figure 6, paragraphs 0124, 0126, and 0127 provide details of the heat map. Based on the direction provided in the specification, Figure 6 is illustrative of a heat map of an existing heater. As such, the data shown in Figure 6 refers to a known heater and not to the disclosed heater.
Similarly, paragraphs 0131, 0134, and 0135 provide details to Figure 10. Based on such details what is shown in Figure 10 is illustrative of a known heater and not the disclosed heater.
The basis of the objection is not the structure of the heater themselves. Rather, both Figure 6 and Figure 10 illustrate data that pertains to existing heaters and not to the disclosed heater. Therefore, the Examiner maintains that the “prior art” label is appropriate.
Applicant’s arguments with respect to the prior art rejections have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 4 is objected to because of the following informalities: “the one or more of the electric heating element” should be “the one or more electric heating elements.” Appropriate correction is required.
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) 1, 3-7, 8, 10, and 12 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 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 the one or more of the electric heating elements extend along at least a portion of the fluid flow path (Fig. 5).
While Sullivan teaches the electric heating elements being controlled (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”), Sullivan does not explicitly teach a local electric heating element power decreasing along the fluid flow path in a direction from the heater tank inlet to the heater tank outlet.
Long relates to electric heaters (para. 0001) and teaches an electric heating element (42; Fig. 3) being such that a local electric heating element power decreases in a direction from the heater tank inlet to the heater tank outlet. (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) (para. 0036; “The fluid proximate the inlet is cooler than the fluid proximate the outlet. When the typical tubular heater provides uniform heating along the length of the tubular heater, the fluid proximate the inlet may not be heated rapidly enough, whereas the fluid proximate the outlet may be overheated, resulting in increased hydrocarbons and "coking" at the outlet. By using the resistance coil having variable pitch, the tubular heater may be designed to generate more heat proximate the inlet, and less heat proximate the outlet. Therefore, the heat exchangers that include the resistance coils of the present disclosure can rapidly increase the temperature of the fluid without overheating the fluid at the outlet.”).
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 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 3, the primary combination teaches the claimed heater tank system, as applied to claim 1, and further teaches [Sullivan] 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 teaches an alternative embodiment (Fig. 2) in which an electric heating element (28; Fig. 2) comprises 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 modified 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).
Regarding claim 4, the primary combination teaches the claimed heater tank system, as applied to claim 1, including wherein the local electric heating element power varies continuously along at least a portion of a length of the one or more electric heating element.
Long 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).
Regarding claims 5-6, the primary combination teaches the claimed heater tank system, as applied to claim 1, including wherein the one or more of the electric heating elements comprises an internal filament in a 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 a length of the electric heating element, due to changes in the helical pitch of the internal filament.
Long 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).
Regarding claim 7, the primary combination teaches the claimed heater system, as applied in claim 1, and further teaches [Sulllivan] wherein the fluid flow path passes through one or more heater tubes (heating tubes 52).
Regarding claim 8, the primary combination teaches the claimed heater system, as applied in claim 7, and further teaches [Sullivan] 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, the primary combination teaches the claimed heater system, as applied in claim 8, and further teaches [Sullivan] 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, the primary combination teaches the claimed heater system, as applied in claim 7, and further [Sullivan] 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(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sullivan (US2008/0285964) in view of Long (US 2013/0313246) and in further view of Bowen (US2020/0037400).
Regarding claim 2, the primary combination 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, as modified by Long, 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) 9 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 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) in view of Long (US 2013/0313246)
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) and in further view of Long (US 2013/0313246).
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 the one or more of the electric heating elements extend along at least a portion of the fluid flow path such that a local electric heating element power decreasing along the fluid flow path in a direction from the heater tank inlet to the heater tank outlet.
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 the one or more of the electric heating elements extend along at least a portion of the fluid flow path (Fig. 5).
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.
While Sullivan teaches the electric heating elements being controlled (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”), Sullivan does not explicitly teach a local electric heating element power decreasing along the fluid flow path in a direction from the heater tank inlet to the heater tank outlet.
Long relates to electric heaters (para. 0001) and teaches an electric heating element (42; Fig. 3) being such that a local electric heating element power decreases in a direction from the heater tank inlet to the heater tank outlet. (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) (para. 0036; “The fluid proximate the inlet is cooler than the fluid proximate the outlet. When the typical tubular heater provides uniform heating along the length of the tubular heater, the fluid proximate the inlet may not be heated rapidly enough, whereas the fluid proximate the outlet may be overheated, resulting in increased hydrocarbons and "coking" at the outlet. By using the resistance coil having variable pitch, the tubular heater may be designed to generate more heat proximate the inlet, and less heat proximate the outlet. Therefore, the heat exchangers that include the resistance coils of the present disclosure can rapidly increase the temperature of the fluid without overheating the fluid at the outlet.”).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Callahan, as modified by Sullivan, with Long, by substituting the electric heating elements of Callahan, as modified by 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 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 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 ablutionary fitting a heater tank outlet (22) in fluid communication with the ablutionary fitting, 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 such that a local electric heating element power decreasing along the fluid flow path in a direction from the heater tank inlet to the heater tank outlet.
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 the one or more of the electric heating elements extend along at least a portion of the fluid flow path (Fig. 5)
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.
While Sullivan teaches the electric heating elements being controlled (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”), Sullivan does not explicitly teach a local electric heating element power decreasing along the fluid flow path in a direction from the heater tank inlet to the heater tank outlet.
Long relates to electric heaters (para. 0001) and teaches an electric heating element (42; Fig. 3) being such that a local electric heating element power decreases in a direction from the heater tank inlet to the heater tank outlet. (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) (para. 0036; “The fluid proximate the inlet is cooler than the fluid proximate the outlet. When the typical tubular heater provides uniform heating along the length of the tubular heater, the fluid proximate the inlet may not be heated rapidly enough, whereas the fluid proximate the outlet may be overheated, resulting in increased hydrocarbons and "coking" at the outlet. By using the resistance coil having variable pitch, the tubular heater may be designed to generate more heat proximate the inlet, and less heat proximate the outlet. Therefore, the heat exchangers that include the resistance coils of the present disclosure can rapidly increase the temperature of the fluid without overheating the fluid at the outlet.”).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Callahan, as modified by Sullivan, with Long, by substituting the electric heating elements of Callahan, as modified by 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 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 19, the primary combination teaches the claimed plumbing system, 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 plumbing system, 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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).
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, 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.
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.
/JUSTIN C DODSON/Primary Examiner, Art Unit 3761
Prosecution Insights