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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 13 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.
Claim Objections
Claim 21 is objected to because of the following informalities:
Claim 21 recites “the outlet of the heating element” which lacks antecedent basis.
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.
Claim(s) 1-5, 10-11, 13-17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dodson (US 3447560 A) in view of Beyerle (US ++ B2).
Regarding claim 1, Dodson teaches of:
A heating system (Fig. 1), comprising:
a tank defining a fluid chamber (10) and having a top wall (16) and a bottom wall opposite the top wall (18); and
a thermal mixing valve (Figs. 1 and 3, 12), the thermal mixing valve comprising:
a first fluid inlet (Fig. 3, 56) connected to a first fluid conduit (56 is connected to first fluid conduit which includes the inlet extending between 19 and 18 and 38) that draws water through the bottom wall of the tank (38 draws water through 18),
a second fluid inlet (Fig. 3, 54) connected to a second fluid conduit (54 is connected to 50) that is in fluid communication with the fluid chamber (50 is in communication with the inside of 10), and
a fluid outlet (Fig. 3, 42) connected to an outlet line (Fig. 1, 36) extending exterior to the tank (36 is exterior to the tank)
Dodson fails to explicitly teach:
a thermal mixing valve arranged exterior of the tank
wherein at least one of the first and second fluid conduits draws water through the top wall of tank.
Beyerle teaches of:
a thermal mixing valve arranged exterior of the tank (Fig. 2, 190 is exterior to 110)
wherein at least one of the first and second fluid conduits draws water through the top wall of tank (Fig. 2, 160 draws water through the top wall of the tank 110).
The primary reference can be modified to meet this/these limitation(s) as follows:
replace the location of the thermal mixing valve of Dodson with the location of the thermal mixing valve of Beyerle and modify the system of Dodson so that there is a cabinet at the top of the tank above the top wall which houses the thermal mixing valve and so that the first fluid conduit 38 of Dodson extends up through the top wall and connects to the thermal mixing valve in the cabinet and so the second fluid conduit 50 extends through the top wall and connects to the thermal mixing valve now positioned in the cabinet above the top wall and extends into the fluid chamber so that it terminates at the location of orifice 44c in Fig. 1 of Dodson so that warm water can be drawn from the same area as originally shown in Dodson
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for the thermal mixing valve to be easily serviceable without needing to drain or open the tank
Regarding claim 2, the combined teachings teach of the heating system of claim 1, and the combined teachings further teach:
wherein the first fluid conduit extends through the top wall (see combination made above, the first fluid conduit 38 of the combined teachings of Dodson and Beyrle extends through the top wall too connect to the thermal mixing valve in the cabinet)
Regarding claim 3, the combined teachings teach of the heating system of claim 2, and the combined teachings further teach:
Wherein the second fluid conduit extends through the top wall (see combination made in the rejection of claim 1 above, the second fluid conduit 50 extends through the top wall to connect to the thermal mixing valve in the cabinet)
Regarding claim 4, the combined teachings teach of the heating system of claim 1, and the combined teachings further teach:
wherein the first fluid conduit extends into the fluid chamber a first distance (in Dodson as modified above 38 extends from the top wall at 16 to the bottom wall 18, therefore the first distance is the distance from 16 to 18) and the second fluid conduit extends into the fluid chamber a second distance that is shorter than the first distance (in Dodson as modified the second fluid conduit 50 is shorter than the first fluid conduit 38 and would therefore extend into the fluid chamber a shorter distance).
Regarding claim 5, the combined teachings teach of the heating system of claim 1, and the combined teachings further teach:
wherein the first fluid conduit is in fluid communication with the fluid chamber via an opening that is upstream from the thermal mixing valve (Dodson, the first fluid conduit extending between 19 and 18 and 38 is in fluid communication with 10 via 26 which is upstream from the connection of the thermal mixing valve and 38)
Regarding claim 10, the combined teachings teach of the heating system of claim 1, and the combined teachings further teach:
wherein the first fluid conduit extends through the fluid chamber of the tank and terminates at an opening that is exterior the fluid chamber (see combination made above, 38 of Dodson extends from the bottom wall 18 to the top wall 16 of the tank to connect to the thermal mixing valve positioned in the cabinet above the top wall of the tank).
Regarding claim 11, the combined teachings teach of the heating system of claim 10, and the combined teachings further teach:
wherein the first fluid conduit further comprises a second opening that is interior the fluid chamber (Dodson, Fig. 1, the first fluid conduit extending between 19 and 18 and 38 has a second opening 26 which is interior to 10)
Regarding claim 13, Dodson teaches of:
A heating system (Fig. 1), comprising:
a water heater having a tank defining a fluid chamber (10) and having an upper wall (16) and a lower wall (18);
a heating element (22) arranged within the fluid chamber (22 is in 10); and
a thermal mixing valve (Figs. 1 and 3, 12), wherein the thermal mixing valve includes a first fluid inlet (Fig. 3, 56) connected to a first fluid conduit (56 is connected to first fluid conduit which includes the inlet extending between 19 and 18 and 38) and a second fluid inlet (Fig. 3, 54) connected to a second fluid conduit (54 is connected to 50),
wherein the second fluid conduit is in fluid communication with the fluid chamber of the tank (50 is in communication with the inside of 10), and
wherein the first fluid conduit draws water through the bottom wall of the tank (38 draws water through 18).
Dodson fails to explicitly teach:
• a valve chamber arranged on the upper wall of the tank
• a thermal mixing valve arranged within the valve chamber
Beyerle teaches of:
a valve chamber arranged on the upper wall of the tank (Fig. 2, the cabinet is a valve chamber arranged on the upper wall of the tank 110)
a thermal mixing valve arranged within the valve chamber (Fig. 2, 190 is in the cabinet)
The primary reference can be modified to meet this/these limitation(s) as follows:
replace the location of the thermal mixing valve of Dodson with the location of the thermal mixing valve of Beyerle and modify the system of Dodson so that there is a cabinet at the top of the tank above the top wall which houses the thermal mixing valve and so that the first fluid conduit 38 of Dodson extends up through the top wall and connects to the thermal mixing valve in the cabinet and so the second fluid conduit 50 extends through the top wall and connects to the thermal mixing valve now positioned in the cabinet above the top wall and extends into the fluid chamber so that it terminates at the location of orifice 44c in Fig. 1 of Dodson so that warm water can be drawn from the same area as originally shown in Dodson
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for the thermal mixing valve to be easily serviceable without needing to drain or open the tank
Regarding claim 14, the combined teachings teach of the heating system of claim 13, and the combined teachings further teach:
wherein the first fluid conduit extends through the top wall (see combination made above, the first fluid conduit 38 of Dodson extends through the top wall too connect to the thermal mixing valve in the cabinet)
Regarding claim 15, the combined teachings teach of the heating system of claim 13, and the combined teachings further teach:
Wherein the second fluid conduit extends through the top wall (see combination made in the rejection of claim 1 above, the second fluid conduit 50 extends through the top wall to connect to the thermal mixing valve in the cabinet)
Regarding claim 16, the combined teachings teach of the heating system of claim 13, and the combined teachings further teach:
wherein the first fluid conduit extends into the fluid chamber a first distance (in Dodson as modified above 38 extends from the top wall at 16 to the bottom wall 18, therefore the first distance is the distance from 16 to 18) and the second fluid conduit extends into the fluid chamber a second distance that is shorter than the first distance (in Dodson as modified the second fluid conduit 50 is shorter than the first fluid conduit 38 and would therefore extend into the fluid chamber a shorter distance).
Regarding claim 17, the combined teachings teach of the heating system of claim 13, and the combined teachings further teach:
wherein the first fluid conduit is in fluid communication with the fluid chamber via an opening that is upstream from the thermal mixing valve (Dodson, the first fluid conduit extending between 19 and 18 and 38 is in fluid communication with 10 via 26 which is upstream from the connection of the thermal mixing valve and 38)
Regarding claim 19, the combined teachings teach of the heating system of claim 13, and the combined teachings further teach:
wherein the first fluid conduit extends through the fluid chamber of the tank and terminates at an opening that is exterior the fluid chamber (see combination made above, 38 of Dodson extends from the bottom wall 18 to the top wall 16 of the tank to connect to the thermal mixing valve positioned in the cabinet above the top wall of the tank), the first fluid conduit further comprises a second opening that is interior the fluid chamber (Dodson, Fig. 1, the first fluid conduit extending between 19 and 18 and 38 has a second opening 26 which is interior to 10)
Claim(s) 6-9, 18 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dodson (US 3447560 A) in view of Beyerle (US 9268342 B2) and in further view of Merrill (US 1643673 A).
Regarding claim 6, the combined teachings teach of the heating system of claim 1, and the combined teachings further teach:
further comprising a heating element arranged within the fluid chamber (Dodson, Fig. 1, 22)
The combined teachings fail to explicitly teach:
the heating element having an inlet and an outlet, wherein the outlet of the heating element is located closer to the top wall of the tank than the inlet of the heating element.
Merrill teaches of:
the heating element having an inlet and an outlet (Figs. 1-2, see arrows denoting water flow path entering at the inlet of the water heater and exiting at the outlet), wherein the outlet of the heating element is located closer to the top wall of the tank than the inlet of the heating element (see combination made below).
The combined teachings can be modified to meet this/these limitation(s) as follows:
replace 22 with the heating element of Merrill so that the heating element of Merrill is positioned at the same location as 22 and is the same size as 22 resulting in the outlet of Merrill being located closer to the top wall of Dodson than the inlet
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for heated water to be constantly cycled through the system of Dodson, preventing stratification and scalding
Regarding claim 7, the combined teachings teach of the heating system of claim 6, and the combined teachings further teach:
wherein the second fluid conduit extends through the top wall of the tank and terminates at an opening that is disposed in the fluid chamber (see combination made in the rejection of claim 1 above, the second fluid conduit 50 extends through the top wall and terminates with openings 45 positioned between lines 62 and 64), and wherein the outlet of the heating element is arranged below the opening of the second fluid conduit (Dodson, Fig. 1, 22 is spaced from the position of 45c and in the combined teachings the outlet of the heating element would be at the same position as the top of the heating element 22 and therefore would be below the opening of the second fluid conduit)
Regarding claim 8, the combined teachings teach of the heating system of claim 7, however, the combined teachings fail to explicitly teach:
wherein the outlet of the heating element is arranged below the opening of the second fluid conduit by a distance that is about two (2) to three (3) times a diameter of the fluid chamber.
However, a person of ordinary skill in the art could have modified the position of the outlet of the heating element and the opening of the second chamber so that they are spaced from one another at a distance that is about 2-3 times a diameter of the fluid chamber based on the following rationale:
Dodson in Fig. 1 shows a distance between the heating element and the opening of the second fluid conduit, but does not explicitly state what the distance is (Dodson, Col. 3, lines 19-20, “Heaters 22 are located as close as possible to the lower portion of the tank”). However, it has been held that “where 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” (MPEP 2144.05.II). In the instant case, the distance between the heating element and the opening of the second fluid conduit based on the diameter of the fluid chamber is considered to be a result effective variable in that changing the distance relative to the diameter of the fluid chamber affects temperature distribution of the water in the fluid chamber and improves circulation to prevent scalding (Dodson, Col. 5, lines 71-75 and Col. 6, lines 1-9, “The old design used a cartridge heated extending from the top cover nearly to the bottom of the tank with a thermostat sensing temperature at a point near the bottom of the tank. Thus water heated by the heater rose to the top of the tank along the surface of the heater without mixing with cooler water in the tank. The thermostat, sensing cooler water at the bottom of the tank away from the heated surface area, continued to call for heat. When water was drawn from such tank in repeated 4 ounce quantities, the water temperature in the top of the tank rose sufficiently high to activate an over- temperature switch set at 1080 F. This situation created scalding or steaming conditions for wash basin use.”)
Regarding claim 9, the combined teachings teach of the heating system of claim 7, however, the combined teachings fail to explicitly teach:
wherein the outlet of the heating element is arranged below the opening of the second fluid conduit by a distance that is at least two (2) times a diameter of the fluid chamber.
However, a person of ordinary skill in the art could have modified the position of the outlet of the heating element and the opening of the second chamber so that they are spaced from one another at a distance that is at least 2 times a diameter of the fluid chamber based on the following rationale:
Dodson in Fig. 1 shows a distance between the heating element and the opening of the second fluid conduit, but does not explicitly state what the distance is (Dodson, Col. 3, lines 19-20, “Heaters 22 are located as close as possible to the lower portion of the tank”). However, it has been held that “where 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” (MPEP 2144.05.II). In the instant case, the distance between the heating element and the opening of the second fluid conduit based on the diameter of the fluid chamber is considered to be a result effective variable in that changing the distance relative to the diameter of the fluid chamber affects temperature distribution of the water in the fluid chamber and improves circulation to prevent scalding (Dodson, Col. 5, lines 71-75 and Col. 6, lines 1-9, “The old design used a cartridge heated extending from the top cover nearly to the bottom of the tank with a thermostat sensing temperature at a point near the bottom of the tank. Thus water heated by the heater rose to the top of the tank along the surface of the heater without mixing with cooler water in the tank. The thermostat, sensing cooler water at the bottom of the tank away from the heated surface area, continued to call for heat. When water was drawn from such tank in repeated 4 ounce quantities, the water temperature in the top of the tank rose sufficiently high to activate an over- temperature switch set at 1080 F. This situation created scalding or steaming conditions for wash basin use.”)
Regarding claim 18, the combined teachings teach of the heating system of claim 13, however, the combined teachings fail to explicitly teach:
Wherein the heating element includes an inlet and an outlet, wherein the outlet of the heating element is located closer to the top wall of the tank than the inlet of the heating element.
Merrill teaches of:
wherein the heating element includes an inlet and an outlet (Figs. 1-2, see arrows denoting water flow path entering at the inlet of the water heater and exiting at the outlet), wherein the outlet of the heating element is located closer to the top wall of the tank than the inlet of the heating element (see combination made below)
The combined teachings can be modified to meet this/these limitation(s) as follows:
replace 22 with the heating element of Merrill so that the heating element of Merrill is positioned at the same location as 22 and is the same size as 22 resulting in the outlet of Merrill being located closer to the top wall of Dodson than the inlet
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for heated water to be constantly cycled through the system of Dodson, preventing stratification and scalding
Regarding claim 21, the combined teachings teach of the heating system of claim 13, and the combined teachings further teach:
wherein the second fluid conduit extends through the top wall of the tank and terminates at an opening in the fluid chamber (see combination made in the rejection of claim 1 above, the second fluid conduit 50 extends through the top wall and terminates with openings 45 positioned between lines 62 and 64)
The combined teachings fail to explicitly teach:
wherein the outlet of the heating element is arranged below the opening of the second fluid conduit by a distance that is at least two (2) times a diameter of the fluid chamber.
Merrill teaches of:
the heating element including an outlet (Figs. 1-2, see arrows denoting water flow path entering at the inlet of the water heater and exiting at the outlet)
The combined teachings can be modified to meet this/these limitation(s) as follows:
replace 22 with the heating element of Merrill so that the heating element of Merrill is positioned at the same location as 22 and is the same size as 22 resulting in the outlet of Merrill being located closer to the top wall of Dodson than the inlet
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for heated water to be constantly cycled through the system of Dodson, preventing stratification and scalding
Further, a person of ordinary skill in the art could have modified the position of the outlet of the heating element and the opening of the second chamber so that they are spaced from one another at a distance that is at least 2 times a diameter of the fluid chamber based on the following rationale:
it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of the combined teachings would not operate differently with the claimed spacing as the two openings are already intended to have a distance set between them so that the water the settles at the top of the tank is not overheated. Further, applicant places no criticality on the range claimed, indicating that the distance may be any distance based on the requirements of the heater and “may be other lengths” (see ¶ [0046] of applicant’s specification)
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dodson (US 3447560 A) in view of Beyerle (US 9268342 B2) and in further view of Dreibelbis (US 3891124 A).
Regarding claim 12, the combined teachings teach of the heating system of claim 1, and the combined teachings further teach:
further comprising a cap disposed on the top wall of the tank (Beyerle, Fig. 2, cabinet is at the top wall of the tank), the cap defining a mixing valve chamber (Bayerle, Fig. 2, the interior of the cabinet is the mixing valve chamber) that is separated from the fluid chamber of the tank via a barrier (Bayerle, Fig. 2, see foam separating the fluid chamber and the mixing valve chamber), and the thermal mixing valve is disposed within the mixing valve chamber (Beyerle, Fig. 2, 190 is within the mixing valve chamber)
The combined teachings fail to explicitly teach:
wherein the cap removably engages the top wall of the tank
Dreibelbis teaches of:
wherein the cap removably engages the top wall of the tank (Fig. 1, expansion module M which is positioned above the fluid chamber 11 is detachable from the fluid chamber; claim 16, “the expansion module is detachably connected to the heating and storage means.”)
The combined teachings can be modified to meet this/these limitation(s) as follows:
make the cabinet of the combined teachings detachable from the fluid chamber
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for the entire cabinet to be removed and services as needed
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J GIORDANO whose telephone number is (571)272-8940. The examiner can normally be reached M-Fr 8 AM - 5 PM EST.
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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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/MICHAEL JAMES GIORDANO/Examiner, Art Unit 3762
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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