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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 15, 2026 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2, 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Kernich et al. (U.S. 2020/0333045) in view of Ericksen et al. (U.S. 11,384,872). Kernich et al. teaches a junction box 2.009 for use with a water heater 2.100, 2.002, a conduit 2.016, and a wire (paragraph [0320] within cable harness), the water heater comprising a water tank 2.100, a jacket 2.002 separated from and concentrically surrounding the water tank, a coupling 2.042 on the water tank, an electrical device (heating element) associated with the coupling, and insulation disposed between the water tank and the jacket (paragraph [0308]), the conduit being configured to be disposed between the water tank and the jacket (figure 2), the wire being configured to be disposed within the conduit (paragraph [0320] within cable harness) and being configured to be connected to the electrical device (paragraph [0320]), the jacket 2.002 having a jacket opening 2.020, 2.022 at the coupling, the junction box comprising an insert 7.202, 7.204 comprising a single unitary body (when 7.202 and 7.204 are attached they form a single unitary body) having a front face (figure 7B) and a cavity section (when 7.202, 7.204 are assembled together), wherein the front face includes a junction box opening (see figures 4 and 5), wherein the cavity section is accessible via the junction box opening, wherein the cavity section is configured to fit within the jacket opening 2.020, 2.022 (figure 2), and wherein the cavity section includes a mounting opening 7.210, 7.208 and a conduit opening at 2.018 (through which 2.018 extends in figure 2), the mounting opening 7.208 is configured to mount onto the coupling (capable of mounting on a coupling) by insertion of the cavity section in a direction normal to an outer surface of the water tank (the insertion opening is capable of moving in a normal direction to the outer surface to receive an appropriately sized coupling), wherein the mounting opening 7.208 includes a generally circular opening with a plurality of cutouts (figure 7A), wherein neighboring cutouts, of the plurality of cutouts, form snap-fit flexible tab portions (inwardly extending tabs shown on right and left side of lead line 7.208 in figure 7A) configured to flex inward to permit a ridge on the coupling to pass through and to snap back into place to lock behind the ridge on the coupling (due to resilience of material), and wherein the conduit opening is configured to receive the conduit (capable of receiving a conduit) and wherein the mounting opening 7.208 is disposed on a back surface of the cavity section (figure 7C) and the conduit opening is disposed on one of an upper surface or a lower surface of the cavity section (upper surface as shown in figure 2).
Further regarding claim 1, Kernich et al. discloses the claimed invention except for the tabs being snap-fit tabs. Kernich et al. does teach that the tabs form an interference fit. Ericksen et al. teaches that it is known to secure a tubular element using a snap fit (see col. 7 lines 57-51). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the water heater of Kernich et al. with the tabs forming a snap-fit connection, as taught by Ericksen et al., in order to allow for slight variations in the diameter of the coupling.
Regarding claim 2, a cavity cover 2.006.1, 2.009.1 configured to cover the junction box opening and cavity section and to detachably fasten to the insert.
Regarding claim 5, the cavity section includes a second conduit opening (see figures 3-5) disposed so as to form an axis between the conduit opening and the second conduit opening and that is normal to each of the conduit opening and the second conduit opening (see also 7.218 and 7.220 in figure 7C).
Regarding claim 6, the cavity section includes a second conduit opening comprising a first axis that is normal to the conduit opening and a second axis that is normal to the second conduit opening, and wherein the first axis is not parallel with the second axis (see figure 7C; elements 7.216, 7.218, 7.220).
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Kernich et al. (U.S. 2020/0333045) in view of Ericksen et al. (U.S. 11,384,872), as applied to claim 2 above, and further in view of Lesage et al. (U.S. 2022/0196286).
Regarding claim 3, the modified water heater of Kernich et al. discloses the claimed invention except for the at least one screw. Lesage et al. teaches that it is known to secure the elements of the water heater together with at least one screw (see element 27). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified water heater of Kernich et al. with the front face being secured by at least one screw, as taught by Lesage et al., in order to removably attach the elements of the water heater together using a known fastener.
Regarding claim 4, the cavity section includes a latch, wherein the cavity cover includes a hook configured to hook onto the latch (see figures 8H and 8I).
Claims 7, 8, 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kernich et al. (U.S. 2020/0333045) in view of Cantolino et al. (U.S. 8,461,493) and Ericksen et al. (U.S. 11,384,872).
Regarding claim 7, Kernich et al. teaches a water heater, shown in figures 1 and 2 comprising a water tank 2.100, a coupling on the water tank 2.042, a jacket 2.002 separated from and concentrically surrounding the water tank, the jacket having a jacket opening at the coupling 2.022, 2.020, a conduit 2.016 disposed between the water tank and the jacket, and a junction box 2.009 comprising an insert 7.202, 7.204 comprising a single, unitary body (when 7.202, 7.204 are assembled together) having a front face and a cavity section, wherein the front face includes a junction box opening 7.210, 7.208, wherein the cavity section is accessible via the junction box opening, wherein the cavity section is configured to fit within the jacket opening (figure 2), and wherein the cavity section includes a mounting opening and a conduit opening (7.216, 7.218), the mounting opening is configured to mount onto the coupling by insertion of the cavity section in a direction normal to an outer surface of the water tank (the insertion opening is capable of moving in a normal direction to the outer surface to receive an appropriately sized coupling), wherein the mounting opening includes a generally circular opening with a plurality of cutouts (see 10.208 in figure 10), wherein neighboring cutouts, of the plurality of cutouts, form flexible tab portions (11.082.2; figure 11) configured to flex inward to permit a ridge on the coupling to pass through (“interference fit”; paragraph [0366]), and wherein the conduit opening is configured to receive the conduit, and wherein the conduit opening is configured to receive the conduit (figure 3), wherein the conduit opening is oriented perpendicular to the mounting opening (mounting opening is horizontally directed and conduit opening is vertically directed).
Further regarding claim 7, Kernich et al. discloses the claimed invention except for the grommet and except for the tabs being snap-fit tabs. Cantolino et al. teaches that it is known to provide a junction box with a grommet (see elements 10). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the water heater of Kernich et al. with the grommets, as taught by Cantolino et al., in order to seal the opening around the conduit, as disclosed in Cantolino et al. (col. 6 lines 55-57).
Additionally, regarding claim 7, Kernich et al. does teach that the tabs form an interference fit. Ericksen et al. teaches that it is known to secure a tubular element using a snap fit (see col. 7 lines 57-51). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified water heater of Kernich et al. with the tabs forming a snap-fit connection, as taught by Ericksen et al., in order to allow for slight variations in the diameter of the coupling.
Regarding claim 8, a cavity cover 2.009.1, 2.006.1 configured to cover the junction box opening and cavity section and to detachably fasten to the insert.
Regarding claim 11, the cavity section includes a second conduit opening disposed so as to form an axis that is normal to each of the conduit opening and the second conduit opening (see figures 3 and 7; elements 7.218, 7.220).
Regarding claim 12, the cavity section includes a second conduit opening disposed such that a first axis is normal to the conduit opening (7.218, 7.220, 7.216), a second axis is normal to the second conduit opening, and the first axis is not parallel with the second axis.
Claims 9, 10, 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kernich et al. (U.S. 2020/0333045) in view of Cantolino et al. (U.S. 8,461,493) and Ericksen et al. (U.S. 11,384,872), as applied to claim 8 above, and further in view of Lesage et al. (U.S. 2022/0196286).
Regarding claim 9, the modified water heater of Kernich et al. discloses the claimed invention except for the at least one screw. Lesage et al. teaches that it is known to secure the elements of the water heater together with at least one screw (see element 27). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified water heater of Kernich et al. with the front face being secured by at least one screw, as taught by Lesage et al., in order to removably attach the elements of the water heater together using a known fastener.
Regarding claim 10, the cavity section includes a latch, wherein the cavity cover includes a hook configured to hook onto the latch (see figures 8H and 8I).
Regarding claim 13, a second coupling 2.040 on the water tank, a second junction box comprising a second insert having a second front face and a second cavity section, and a second conduit disposed between the water tank and the jacket (figure 2), wherein the second front face includes a second junction box opening (figure 3), wherein the jacket has a second jacket opening 2.020 at the second coupling, wherein the second cavity section is accessible via the second junction box opening,
wherein the second cavity section is configured to fit within the second jacket opening 7.210, 7.208, wherein the second cavity section includes a second mounting opening 7.208 and a second conduit opening 7.218, the second mounting opening being configured to mount onto the second coupling, the second conduit opening being configured to receive the second conduit (figure 3), and wherein the cavity section further includes a third conduit opening 7.216 configured to receive the second conduit.
Regarding claim 14, a second cavity cover 2.006.1 configured to cover the second jacket opening and the second cavity section and to detachably fasten to the second insert (figure 2).
Response to Arguments
Applicant's arguments filed July 15, 2026 have been fully considered but they are not persuasive. Applicant argues that Kernich does not teach a single, unitary body. It is the examiner’s position that the terms “single” and “unitary” do not define the present invention over the box of Kernich. When the two elements 7.202 and 7.204 are attached they form a single, unitary body. Single and unitary does not limit the claim to a structure that was integrally molded in one piece.
Applicant argues that Kernich does not teach that the mounting opening is configured to mount onto the coupling by insertion of the cavity section in a direction normal to an outer surface of the water tank. It should be noted that the claims are drawn to the article and not the method of assembling the combination of the box and water tank. It is the examiner’s position that the box of Kernich is capable of moving in a direction normal to the outer surface of the water tank to engage the coupling by having the coupling received through the opening at 7.208, when the coupling has an appropriately sized diameter to fit within the opening at 7.208.
Applicant argues that Kernich does not teach that the flexible tab portions are snap-fit flexible tabs. Kernich does teach that the opening has inwardly extending tabs that form an interference fit (paragraph [0366]). The secondary reference of Ericksen et al. (U.S. 11,384,872) has been added to the rejections above for the teaching of proving a snap fit connection to secure a coupling. This teaching of Ericksen et al. is used to modify the primary reference of Kernich.
Conclusion
THIS ACTION IS MADE NON-FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m.
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736
