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 .
Election/Restrictions
Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on November 6, 2025.
Applicant’s election without traverse of Group I (claims 1-14) in the reply filed on November 6, 2025 is acknowledged.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 5 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kernich et al. (U.S. 2020/0333045). 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 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), 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 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).
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).
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 3 and are rejected under 35 U.S.C. 103 as being unpatentable over Kernich et al. (U.S. 2020/0333045) in view of Lesage et al. (U.S. 2022/0196286).
Regarding claim 3, 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 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).
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 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), wherein the mounting opening is configured to mount onto the coupling, 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).
Kernich et al. discloses the claimed invention except for the at grommet. 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).
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), 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 March 3, 2026 have been fully considered but they are not persuasive. Applicant argues that Kernich does not teach a mounting opening including a generally circular opening with a plurality of cutouts, wherein neighboring cutouts from flexible tab portions 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, as set forth in amended claim 1. It is the examiner’s position that Kernich meets this limitation of amended claim 1. Kernich teaches a mounting opening at 7.208 which is generally circular, as shown in figure 7A. The inwardly extending tabs are shown on the right and left side of lead line 7.208 in figure 7A. Kernich describes the flexible tabs at 11.082.2 and states in paragraph [0366] that the rim 11.082.2 “fitting snugly under the flange 11.080 (interference fit) and around stub 11.082.21”. This interference fit requires the flexibility of 11.082.2 to ride over the flange 11.080 and then gets seated around 11.082.1 with 11.082.2 moving back to the original position.
Applicant argues that Kernich does not teach a grommet. The secondary reference of Cantolino et al. (U.S. 8,461,493) has been added to the rejections above for the teaching that it is known to provide a grommet on the conduit opening. In col. 6 lines 55-57, Cantolino et al. discloses that the grommets 10 “are used to seal and protect additional electrical connection or connections (not shown) extending through main cover 6”.
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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
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