DETAILED ACTION
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) 1-7, 13, 14, 17, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scott (US 20190203976 A1) in view of Ueda (WO 2006095660 A1).
Regarding claim 1, Scott discloses an exhaust conduit for neutralizing condensate in exhaust gas from a gas storage water heater having an exhaust outlet as the exhaust gas is expelled via an exhaust vent, the exhaust conduit comprising:
an inlet (Figs. 3-7; 121/421) configured to be coupled to the exhaust outlet;
an outlet (122/422) configured to be coupled to the exhaust vent;
a condensate chamber (105b/432) having an interior in fluidic communication with the inlet and the outlet, the condensate chamber comprising a lower portion configured to receive a neutralizer (abstract); and
a fluid outlet (123/423) in fluidic communication with the condensate chamber.
Scott fails to disclose:
where the condensate chamber has an upper portion comprising a service port configured to provide access to the lower portion of the condensate chamber in an open state; and
one or more ridges disposed in the chamber, the one or more ridges arranged to define a channel configured to direct condensate from the inlet across the neutralizer toward the fluid outlet.
Ueda teaches an exhaust conduit for neutralizing condensate, comprising:
a condensate chamber (Fig. 8; 22) having an upper portion comprising a service port (43) (w/ removable lid 43a) configured to provide access to the lower portion of the condensate chamber in an open state; and
one or more ridges (26, 44) disposed in the chamber, the one or more ridges arranged to define a channel configured to direct condensate from the inlet (21) across the neutralizer (1) toward the fluid outlet (24).
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Scott where the condensate chamber has an upper portion comprising a service port (w/ removable lid) configured to provide access to the lower portion of the condensate chamber in an open state; and to include one or more ridges disposed in the chamber, the one or more ridges arranged to define a channel configured to direct condensate from the inlet across the neutralizer toward the fluid outlet.
The motivation to include a service port with a removable lid is so that the condensate and neutralizer can be contained within the chamber (the chamber in Scott is completely open at the top with no lid). Also, having an easy to access service port would make filling the chamber with a neutralizing agent easier. An example location for placing the service port is a location at the top of the chamber, offset from the duct connecting the inlet and outlet.
The motivation to include the ridges is to increase contact between the water and the neutralizing agent (Ueda, para. 40).
Regarding claim 2, modified Scott discloses the exhaust conduit of claim 1 (see Scott for citations), wherein the outlet (122/422) is disposed at an end of a first tubular member (105a/407) extending from the upper portion of the condensate chamber (105b/432).
Regarding claim 3, modified Scott discloses the exhaust conduit of claim 2 (see Scott for citations), further comprising a sensor mount (mount for sensor 230) disposed on an exterior surface of the first tubular member, the sensor mount configured to support one or more sensors (230).
Regarding claim 4, modified Scott discloses the exhaust conduit of claim 2, except further comprising one or more support ribs extending along an interior surface of the first tubular member, an upper end of the one or more support ribs spaced a predefined distance from the outlet, such that a portion of the exhaust vent extends within the first tubular member along the predefined distance and sits on the one or more support ribs.
However, Official Notice is taken that this feature is well-known and common knowledge. A Google search of PVC DWV coupling, which are common plumbing connectors, would provide many example couplings (i.e., tubular member) for joining one or more pipes together. These couplings have a support rib extending along an interior surface and spaced from the open ends of the coupling, and it is used to stop the pipes when they are inserted into the coupling.
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Scott where one or more support ribs extend along an interior surface of the first tubular member, an upper end of the one or more support ribs spaced a predefined distance from the outlet, such that a portion of the exhaust vent extends within the first tubular member along the predefined distance and sits on the one or more support ribs. The motivation to combine is so that there is a tight and secure fit between the first tubular member and the exhaust vent.
Regarding claim 5, modified Scott discloses the exhaust conduit of claim 2, wherein the inlet (Scott, 121) is disposed at an end of a second tubular member (Fig. 3: horizontal tube with inlet 121) extending laterally from the first tubular member.
Regarding claim 6, modified Scott discloses the exhaust conduit of claim 5, wherein the second tubular member extends in a direction perpendicular to the first tubular member (Scott; Fig. 3).
Regarding claim 7, modified Scott discloses the exhaust conduit of claim 5 (see Comment 1 below), wherein a lower portion of the second tubular member is coupled to a lower portion of the first tubular member via a curved surface (Scott, 407) disposed within the interior of the condensate chamber (Scott, Fig. 7), the curved surface comprising an opening (Scott, 411) to provide fluid communication between the first and second tubular members and the interior of the condensate chamber.
Comment 1. For this claim, the inlet is disposed at the upstream end of the second tubular member 402, and the outlet is disposed at the downstream end of the first tubular member 470 (see Fig. 7 of Scott).
Regarding claim 13, modified Scott discloses the exhaust conduit of claim 1, wherein at least one ridge of the one or more ridges (Ueda, 44) extends upwardly from a bottom surface of the lower portion of the condensate chamber.
Regarding claim 14, modified Scott discloses the exhaust conduit of claim 13, wherein at least another ridge (Ueda, 26) of the one or more ridges extends from the upper portion of the condensate chamber.
Regarding claim 17, modified Scott discloses the exhaust conduit of claim 1, wherein the service port comprises a tubular member (Ueda, 43) extending upwardly from the upper portion of the condensate member.
Regarding claim 18, modified Scott discloses the exhaust conduit of claim 1, further comprising a lid (Ueda; 43a) configured to be removably coupled to the service port.
Regarding claim 19, modified Scott discloses the exhaust conduit of claim 18, except wherein the service port comprises a first threaded portion and the lid comprises a second threaded portion configured to mate with the first threaded portion. However, Official Notice is taken that this feature is well-known and common knowledge. For example, water bottles have this twist on cap design.
It would have been obvious to a person skilled in the art at the time of effective filing of the application to further modify Scott wherein the service port comprises a first threaded portion and the lid comprises a second threaded portion configured to mate with the first threaded portion. The motivation to combine is to provide a convenient lid design for closing the service port.
Regarding claim 20, modified Scott discloses a gas storage water heater comprising (see rejection of claim 1 for citations unless otherwise noted): an exhaust outlet; and an exhaust conduit comprising: an inlet configured to be coupled to the exhaust outlet; an outlet configured to be coupled to an exhaust vent; a condensate chamber having an interior in fluidic communication with the inlet and the outlet, the condensate chamber comprising a lower portion configured to receive a neutralizer and an upper portion comprising a service port configured to provide access to the lower portion of the condensate chamber in an open state; a fluid outlet in fluidic communication with the condensate chamber; and one or more ridges disposed in the chamber, the one or more ridges arranged to define a channel configured to direct condensate from the inlet across the neutralizer toward the fluid outlet.
Allowable Subject Matter
Claims 8-12, 15, 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON LAU whose telephone number is (571)270-7644. The examiner can normally be reached Mon-Fri 8:00-5:00.
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/JASON LAU/Primary Examiner, Art Unit 3762
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