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
Applicant’s election without traverse of Species V drawn to Figures 21-31 and claims 1-20 in the reply filed on 6/6/26 is acknowledged.
Claims 19 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Claims 19 and 20 are being withdrawn as being directed to the embodiment of Species IV where the recirculation system includes four fitting ports and a recirculation pipe.
Drawings
The drawings are objected to because in Figure 12, there is extraneous written matter. The extraneous written matter should be designated by reference element numbers on the drawings whereas the description of those elements should be in the specification.
The drawings are objected to because in Figure 26, drawing element 427 should be replaced with --434-- to denoted the internal threads.
The drawings are objected to because in Figures 4 and 6, it is not clear how the flange 126 is an “external flange” as described in the specification at paragraph 49, lines 1-2 and 6-8.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because the abstract should not use legal phraseology, i.e., “The present application relates to” in line 1 should be deleted.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities:
Paragraph 56, line 3 – replace “observer” after “shock” with --absorber--.
Paragraph 58, line 7 – replace “adapter 154” with --adapter 144--.
Paragraph 71, lines 4-5 - replace “conduit 324” with --conduit 338--.
Paragraph 83, line 3 – replace “seal 456” with --seal 430--.
Paragraph 94, line 3 – replace “observer” after “shock” with --absorber--.
Correction is required.
Claim Objections
Claim 10 is objected to because of the following informalities:
Line 6 – replace “are” after “ports” with --is--.
Line 14 – replace “the” before “water heater” with --a--.
Correction is required.
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.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brazier U.S. Patent No. 5,357,906 in view of Shemtov U.S. Patent Application Publication No. 2004/0094959A1.
With regard to claim 1, and as shown in Figure 1, Brazier discloses a water piping system comprising:
a prefabricated fitting tee (at 6) for use with a water heater (where the fitting tee can be used with a water heater 4), the prefabricated fitting tee including:
a fitting tee body (as shown in Fig 1 below) having a first port, a second port, and a third port, the first and third ports being aligned along a main axis and the second port being aligned along an axis angled relative to the main axis, the fitting tee body defining an interior passageway that is in fluid communication with the first, second, and third ports, wherein one of the first and second ports is configured for connecting to a water inlet conduit for supplying water from an external source (where the first port as shown below can be configured to be connected to a water inlet conduit), wherein the other one of the first and second ports is configured for connecting to a pressure relief mechanism (where the second port as shown below can be configured to be connected to a pressure relief mechanism), and wherein the prefabricated fitting tee does not include a check valve for preventing flow from the first port to the third port and no check valve for preventing flow from the second port to the third port (no check valve is disclosed between the first, second or third ports).
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However, Brazier does not disclose a swivel nut rotatably mounted at the third port of the prefabricated fitting tee to provide an interconnection to the water heater, wherein, when the swivel nut is in a first condition, the swivel nut allows the prefabricated fitting tee to be rotated relative to the water heater about the main axis to allow a rotational orientation of the second port to be established, and wherein, when the swivel nut is in a second condition, the swivel nut clamps the prefabricated fitting tee in the established rotational orientation. Shemtov teaches, as shown in Fig 1, using a swivel nut (at 16) to connect elements together (the bottom portion of the third port at 12 and connection to the water heater at 14) wherein when the swivel nut is in a first condition, i.e., a loosened condition, the tee can be rotated relative to another element to orient the tee and when the swivel nut is in a second condition, i.e., a tightened condition, the tee is locked and cannot be rotated in order to provide a seal tight connection (paragraph 0004).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a swivel nut rotatably mounted at the third port of the prefabricated fitting tee with a reasonable expectation of success to allow rotation and locking of the tee in order to provide a seal tight connection as taught by Shemtov.
With regard to claim 2, Brazier in view of Shemtov disclose further comprising a coupling insert (at 14 as shown in Fig 1 of Shemtov) threadedly mounted to the water heater (via threads of 14); wherein, when the prefabricated fitting tee is mounted to the water heater, the third port has an end face (see Fig 1 of Shemtov below) adjacent an end face (see Fig 1 of Shemtov below) of the coupling insert to allow a substantial portion of a load experienced by the fitting tee to be transferred therebetween.
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With regard to claim 3, Brazier in view of Shemtov disclose wherein the pressure relief mechanism is a thermal relief valve (as shown in Fig 1 of Brazier above).
With regard to claim 4, Brazier in view of Shemtov disclose wherein the pressure relief mechanism is adapted to be horizontally mounted when the pressure relief mechanism is coupled to the second port and the water inlet conduit is coupled to the first port (as shown in Fig 1 of Brazier above).
With regard to claim 5, Brazier in view of Shemtov disclose the claimed invention but do not disclose that the pressure relief mechanism is adapted to be vertically mounted when the pressure relieve mechanism is coupled to the first port and the water inlet conduit is coupled to the second port.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the pressure relief mechanism be adapted to be vertically mounted when the pressure relieve mechanism is coupled to the first port and the water inlet conduit be coupled to the second port with a reasonable expectation of success as a reversal of parts is an obvious modification and because it has been held to be within the general skill of a worker in the art to select a known element for use on the basis of its suitability for the intended use as a matter of obvious design choice.
With regard to claim 6, Brazier in view of Shemtov disclose further comprising a sealing gasket (at 18 ) seated within an annular recess defined in the prefabricated tee fitting (bottom portion of 12); wherein, when the swivel nut is torqued over the third port of the prefabricated tee fitting, the scaling gasket is compressed within the annular recess (when the swivel nut 16 is tightened, the sealing gasket at 18 is compressed within the annular recess by the coupling insert 14).
With regard to claim 7, Brazier in view of Shemtov disclose wherein the first port and the third port are aligned with one another (as shown in Fig 1 of Brazier above).
With regard to claim 8, Brazier in view of Shemtov disclose wherein the end face of the third port abuts the end face of the coupling insert to achieve direct metal-to-metal contact therewith (where the end faces achieve a direct metal-to-metal when the seal is compressed after the swivel nut is tightened).
With regard to claim 9, Brazier in view of Shemtov disclose further comprising an intermediate member (at 18) between the third port and the coupling insert, wherein metal-to-metal contact is achieved (where the end faces achieve a direct metal-to-metal when the seal is compressed after the swivel nut is tightened).
Claim(s) 10-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brazier in view of Shemtov and further in view of Lannes et al U.S. Patent No. 5,596,952.
With regard to claim 10, and as shown in Figure 1, Brazier discloses a component connection system comprising:
a prefabricated fitting tee (at 6) having a fitting tee body (as shown in Fig 1 of Brazier above) that includes a first port, a second port, and a third port, the first and third ports being aligned along a main axis and the second port being aligned along an axis angled relative to the main axis, the fitting tee body defining an interior passageway that is in fluid communication with the first, second, and third ports, wherein one of the first and second ports are configured for connecting to a water inlet conduit for supplying water from an external source (where the first port as shown below can be configured to be connected to a water inlet conduit);
a water inlet conduit (as shown in Fig 1 of Brazier above) connected to one of the first and second ports for supplying water from an external source, and a pressure relief mechanism (as shown in Fig 1 of Brazier above) being provided at the other one of the first and second ports, wherein the prefabricated fitting tee does not include a check valve for preventing flow from the first port to the third port and no check valve for preventing flow from the second port to the third port (no check valve is disclosed between the first, second or third ports).
However, Brazier does not disclose a swivel nut rotatably mounted at the third port of the prefabricated fitting tee to provide an interconnection to the water heater, wherein, when the swivel nut is in a first condition, the swivel nut allows the prefabricated fitting tee to be rotated relative to the water heater about the main axis to allow a rotational orientation of the second port to be established, and wherein, when the swivel nut is in a second condition, the swivel nut clamps the prefabricated fitting tee in the established rotational orientation. Shemtov teaches, as shown in Fig 1, using a swivel nut (at 16) to connect elements together (the bottom portion of the third port at 12 and connection to the water heater at 14) wherein when the swivel nut is in a first condition, i.e., a loosened condition, the tee can be rotated relative to another element to orient the tee and when the swivel nut is in a second condition, i.e., a tightened condition, the tee is locked and cannot be rotated in order to provide a seal tight connection (paragraph 0004).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a swivel nut rotatably mounted at the third port of the prefabricated fitting tee with a reasonable expectation of success to allow rotation and locking of the tee in order to provide a seal tight connection as taught by Shemtov.
Brazier also does not disclose a threaded component attachable to the first and second ports for providing male and/or female threaded connections. Lannes et al teach that a threaded component (shown at 30 and 26 in Fig 2) can be attached to different ports of a tee fitting to provide a threaded connection for attachment to other elements.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a threaded component attachable to the first and second ports with a reasonable expectation of success to provide a threaded connection for attachment to other elements as taught by Lannes et al.
With regard to claim 11, Brazier in view of Shemtov and further in view of Lannes et al disclose the claimed invention but do not disclose that the threaded component is a 3/4 inch female threaded coupling.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the threaded component be a 3/4 inch female threaded coupling with a reasonable expectation of success because a change in the shape of a prior art device is a design consideration within the level of skill of one skilled in the art (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)) and because it has been held to be within the general skill of a worker in the art to select a known element for use on the basis of its suitability for the intended use as a matter of obvious design choice.
With regard to claim 12, Brazier in view of Shemtov and further in view of Lannes et al disclose the claimed invention but do not disclose that the threaded component is a 3/4 inch male threaded nipple.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the threaded component be a 3/4 inch male threaded nipple with a reasonable expectation of success because a change in the shape of a prior art device is a design consideration within the level of skill of one skilled in the art (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)) and because it has been held to be within the general skill of a worker in the art to select a known element for use on the basis of its suitability for the intended use as a matter of obvious design choice.
With regard to claim 13, Brazier in view of Shemtov and further in view of Lannes et al disclose further comprising a coupling insert (at 14 as shown in Fig 1 of Shemtov) threadedly mounted to the water heater (via threads of 14); wherein, when the prefabricated fitting tee is mounted to the water heater, the third port has an end face (see Fig 1 of Shemtov above) adjacent an end face (see Fig 1 of Shemtov above) of the coupling insert to allow a substantial portion of a load experienced by the fitting tee to be transferred therebetween.
With regard to claim 14, Brazier in view of Shemtov disclose wherein the end face of the third port abuts the end face of the coupling insert to achieve direct metal-to-metal contact therewith (where the end faces achieve a direct metal-to-metal when the seal is compressed after the swivel nut is tightened).
With regard to claim 15, Brazier in view of Shemtov disclose further comprising an intermediate member (at 18) between the third port and the coupling insert, wherein metal-to-metal contact is achieved (where the end faces achieve a direct metal-to-metal when the seal is compressed after the swivel nut is tightened).
With regard to claim 16, Brazier in view of Shemtov disclose wherein the pressure relief mechanism is a thermal relief valve (as shown in Fig 1 of Brazier above).
With regard to claim 17, Brazier in view of Shemtov disclose wherein the pressure relief mechanism is adapted to be horizontally mounted when the pressure relief mechanism is coupled to the second port and the water inlet conduit is coupled to the first port (as shown in Fig 1 of Brazier above).
With regard to claim 18, Brazier in view of Shemtov disclose the claimed invention but do not disclose that the pressure relief mechanism is adapted to be vertically mounted when the pressure relieve mechanism is coupled to the first port and the water inlet conduit is coupled to the second port.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the pressure relief mechanism be adapted to be vertically mounted when the pressure relieve mechanism is coupled to the first port and the water inlet conduit be coupled to the second port with a reasonable expectation of success as a reversal of parts is an obvious modification and because it has been held to be within the general skill of a worker in the art to select a known element for use on the basis of its suitability for the intended use as a matter of obvious design choice.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1, 3-5, 7, 10-12 and 16-18 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1, 4-6, 9, 11-13 and 16-18 of copending Application No. 18/699,832 (reference application).
This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Conclusion
The prior art made of record and not relied upon are examples of other water piping systems with a fitting tee.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FANNIE KEE whose telephone number is (571)272-1820. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at 571-270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F.K./Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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