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 .
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, 3, and 5-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. PGPUB 20220120473 to Houston et al. (Houston) in view of FR3064723 to Bimont et al. (Bimont) and U.S. PGPUB 20170030039 to Perez et al. (Perez).
Regarding claim 1, Houston teaches a pair of upper column members, laterally disposed with each other (upper portion of pole 1202b on either side of Figure 13), wherein the pair of upper column members are disposed between back surfaces of a first pair of the water heaters (this is dependent on the size of the water heaters and with small water heaters this limitation is provided. It is noted that the water heaters are not positively recited and positively reciting the water heaters would overcome this rejection) and an installation surface for mounting the first pair of the water heaters on the installation surface (top bar of the structure can be considered a mounting surface); a pair of lower column members, disposed below the pair of upper column members and laterally disposed with each other (lower portion of pole 1202b on either side of Figure 13), wherein a second pair of the water heaters is disposed within the pair of lower column members (this is dependent on the size of the water heaters and with small water heaters this limitation is provided. It is noted that the water heaters are not positively recited and positively reciting the water heaters would overcome this rejection), wherein a vertical projection of the first pair of the water heaters is not overlapped with a vertical projection of the second pair of the water heaters (this is dependent on the size and location of the water heaters being installed and the structure claimed is taught and this orientation is possible therefore the claim limitation is taught);
Houston is silent the pair of upper column members and lower column members being separate structures and on a first pipe stay, protruded from the pair of upper column members and extended below the first pair of the water heaters; a second pipe stay, protruded from an installation side of the pair of lower column members and extended below the second pair of the water heaters; and a first copper pipe, fixed to and extended between the first pipe stay and the second pipe stay.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to provide the pair of upper column members and lower column members being separate structures, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. (In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961)).
Bimont teaches a first pipe stay, protruded from the pair of upper column members and extended below the first pair of the water heaters (21, Figures 1-3 extends from columns 111 and is below boiler, 2). This can be applied to all boilers of Houston to provide an upper and lower pipe stay. Additonally Houston teaches piping between the water heaters which provides pipes leading between the pipe stays. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Houston with the teachings of Bimont to provide a first pipe stay, protruded from the pair of upper column members and extended below the first pair of the water heaters; a second pipe stay, protruded from an installation side of the pair of lower column members and extended below the second pair of the water heaters and a pipe, fixed to and extended between the first pipe stay and the second pipe stay. Doing so would provide added protection for the tubing leading to the water heater and ensure better connections between the piping.
Perez teaches copper as a material used for pipes (Paragraph 0051). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Houston with the teachings of Perez to provide copper as a material for a pipe. Doing so would be a simple change in material and is recognized as an equivalent alternative in Perez. It is also noted that copper is a common material in water piping.
Regarding claim 3, the modified device of Houston teaches a second copper pipe, fixed to the first pipe stay and the second pipe stay and extended parallelly with the first copper pipe, wherein the first copper pipe and the second copper pipe are respectively extended below the first pair of the water heaters and the second pair of the water heaters along a direction perpendicular to protruding directions of the first pipe stay and the second pipe stay (per the rejection of claim 1 all the structure is present with multiple pipes extending between the stays and utilizing a copper pipe is taught as well).
Regarding claim 5, the modified device of Houston teaches a condensate drain pipe is fixed to upper sides of the first pipe stay and the second pipe stay opposite to the first copper pipe (any of the piping of Houston can be considered a condensate drain because water or condensate is drained from somewhere and these devices are provided connected to a stay as modified).
Regarding claim 6, the modified device of Houston teaches a male pipe thread (MPT) gas pipe fixed to the first pipe stay of the second pipe stay (Figure 1 of Blimont shows threaded connection and Houston shows a number of connections that are threaded but does not show the threads) and extended parallelly with the first copper pipe for transmitting fuel gas into the first pair of the water heater and the second pair of the water heaters (916 of Houston is a gas inlet that extends to all water heater, Paragraph 0112, and Bimont teaches a parallel orientation of tubing which also includes a gas line).
Regarding claim 7, the modified device of Houston an upper beam disposed above and connected between the pair of the upper column members (upper bar shown at the top of Figure 13 of Houston).
Regarding claim 8, the modified device of Houston is silent on an auxiliary device-fixing frame lateral disposed next to the pair of upper column members and the pair of the lower column members.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to provide multiple structures of Houston next to each other, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. (In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)). Doing so would increase the maximum capacity to heat water.
Regarding claim 9, the modified device of Houston is silent on an upper beam disposed above and connected between the pair of the upper column members and the auxiliary device-fixing frame.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to provide multiple structures of Houston next to each other with an upper beam disposed above and connected between the pair of the upper column members and the auxiliary device-fixing frame, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. (In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)). Doing so would increase the maximum capacity to heat water.
Regarding claim 10, the modified device of Houston teaches wherein each of the water heaters comprise an air supply portion and air discharge portion, wherein the air supply portion and the air discharge portion are disposed on a top surface of the each of the water heaters and respectively connected to an air intake pipe and an air duct pipe (Paragraph 0110-0111 of Houston, it is noted that with respect to the orientation of the water heaters this is dependent on the orientation of the installed water heaters and the structure of the modified device allows this orientation to occur).
Regarding claim 11, the modified device of Houston teaches a lower beam connected to and protruded from the pair of lower column members for erecting and mounting the water heater fixing assembly on a ground plane (the structure at 1202a of Houston).
Claim(s) 2, 4, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Houston in view of Bimont, Perez, and U.S. PGPUB 20080152331 to Ryks (Ryks).
Regarding claim 2, Houston teaches a cold water isolation valve (Paragraph 0048-0050) disposed between the first copper pipe and the first pair of the water heaters and disposed between the first copper pipe and the second pair of the water heaters for allowing or shutting off cold water flowing into the first pair of the water heaters and the second pair of the water heaters (as modified the valve isolates all cold water flow from a pipe).
Houston does not explicitly disclose a plurality of first water valves.
Ryks teaches a plurality of first water valves (17, Figures 1 and 4 which show valves on the inlet and outlet of each water heater, Paragraph 0029). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Houston with the teachings of Ryks to provide a plurality of first water valves. Doing so would allow each device to be isolated as desired for maintenance and replacement.
Regarding claim 4, the modified device of Houston teaches a plurality of second water valves, respectively disposed between the second copper pipe and the first pair of the water heaters and between the second copper pipe and the second pair of the water heaters for allowing or shutting off hot water flowing out of the first pair of the water heaters and the second pair of the water heaters (17, Figures 1 and 4 which show valves on the inlet and outlet of each water heater, Paragraph 0029 of Ryks).
Regarding claim 11, the modified device of Houston teaches a lower beam connected to and protruded from the pair of lower column members for erecting and mounting the water heater fixing assembly on a ground plane (the structure at 1202a of Houston or the structure of 3 of Ryks).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN S ANDERSON II whose telephone number is (571)272-2055. The examiner can normally be reached M-F 8-5.
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/STEVEN S ANDERSON II/Primary Examiner, Art Unit 3762