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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: second pass flue tube (406). 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “228” has been used to designate both top cover and gasket. 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "618" and "614" have both been used to designate first pass flue tube (SEE [0052]-[0053]). 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "228" and "218" have both been used to designate gasket (SEE [0060]). 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. 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 disclosure is objected to because of the following informalities:
[0025], line 3, “…the respective the…” requires correction,
[0074], line 2, change “bower” to –blower--.
Appropriate correction is required.
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.
Claim(s) 1, 2, 6-10, and 14-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gordon et al (7,559,293). Gordon et al discloses a blower collar (SEE Figure 12) for use with a blower (104) and a burner (102), the blower collar includes a bottom portion (112) having a circular opening (SEE Figure 12) surrounded by a burner mounting rim (SEE Annotated Figure 1) configured to be mounted to the burner; an upper portion (110) having a non-circular opening surrounded by a blower mounting rim (SEE Annotated Figure 1) and being configured to mount to the blower (104); and a central portion (SEE Annotated Figure 1) between the bottom portion and the upper portion, wherein the central portion includes a surrounding wall extending between the burner mounting rim and the blower mounting rim (Figure 12), and wherein the surrounding wall surrounds an inner pass through having a cross-sectional shape that changes from the non-circular opening of the upper portion to the circular opening of the bottom portion (this is being interpreted as being inherent since the central portion clearly shows a circular opening at the burner connection and a rectangular opening at the blower connection). In re claim 2, Gordon et al discloses that the upper portion (110) has a rectangular opening as the non-circular opening (SEE Figure 12). In re claim 6, Gordon et al implicitly discloses that the burner mounting rim has a burner mounting hole configured to receive a burner mounting screw to mount the burner mounting rim to the burner, and wherein the blower mounting rim includes a clearance hole (SEE Annotated Figure 1 for clarification) that aligns with the burner mounting hole in the burner mounting rim of the bottom portion to enable insertion and removal of the burner mounting screw. In re claim 7, Gordon et al discloses that the central portion includes a sensor port (SEE column 12, lines 14-23) configured to receive a flow sensor (128) to enable the flow sensor to detect gas flow through the inner pass through (Gordon et al discloses a flame sensor but also states that other sensor types can be selected such that substituting a flow sensor for the flame sensor would be within the level of ordinary skill in the art, SEE column 12, lines 16-23). In re claim 8, Gordon et al implicitly discloses that the blower mounting rim has a blower mounting hole configured to receive a blower mounting screw to mount the blower mounting rim to the blower, and wherein the blower mounting hole includes a threaded portion configured to receive the blower mounting screw (SEE the fastener hardware associated with the blower in Figure 12). In re claim 9, Gordon et al discloses a heat generating system (water heater) for use with a water tank (12), the heat generating system includes a blower(104); a burner (102) configured to be mounted within the water tank (SEE Figure 2); and a blower collar (SEE Figure 12) configured to be mounted to the burner and to the blower outside of the water tank (Figure 2); wherein the blower collar includes a bottom portion (112) having a circular opening surrounded by a burner mounting rim (SEE Annotated Figure 1) configured to mount to the burner; an upper portion (110) having a non-circular opening surrounded by a blower mounting rim (SEE Annotated Figure 1) having a blower mounting hole and being configured to mount the blower mounting rim to the blower; and a central portion (SEE Annotated Figure 1) between the bottom portion and the upper portion, wherein the central portion includes a surrounding wall connected to the burner mounting rim and the blower mounting rim, and wherein the surrounding wall surrounds an inner pass through having a cross-sectional shape that changes from the non-circular opening of the upper portion to the circular opening of the bottom portion (this is being interpreted as being inherent since the central portion clearly shows a circular opening at the burner connection and a rectangular opening at the blower connection). In re claim 10, Gordon et al clearly illustrates in Figure 12 that the upper portion has a rectangular opening as the non-circular opening. In re claim 14, Gordon et al implicitly discloses that the burner mounting rim has a burner mounting hole configured to receive a burner mounting screw to mount the burner mounting rim to the burner, and wherein the blower mounting rim includes a clearance hole (SEE Annotated Figure 1 for clarification) that aligns with the burner mounting hole in the burner mounting rim of the bottom portion to enable insertion and removal of the burner mounting screw. In re claim 15, Gordon et al discloses that the central portion includes a sensor port (SEE column 12, lines 14-23) configured to receive a flow sensor (128) to enable the flow sensor to detect gas flow through the inner pass through (Gordon et al discloses a flame sensor but also states that other sensor types can be selected such that substituting a flow sensor for the flame sensor would be within the level of ordinary skill in the art, SEE column 12, lines 16-23). In re claim 16, Gordon et al implicitly discloses that the blower mounting rim has a blower mounting hole configured to receive a blower mounting screw to mount the blower mounting rim to the blower, and wherein the blower mounting hole includes a threaded portion configured to receive the blower mounting screw (SEE the fastener hardware associated with the blower in Figure 12). In re claim 17, Gordon et al discloses a water heater (10) including a water tank (12) configured to store water therein; a blower (104) configured to blow a combustible gas; a burner (102) configured to be mounted within the water tank (Figure 2) and to ignite the combustible gas to generate heat to heat the water (column 4, lines 23-32); and a blower collar (SEE Figure 12) configured to be mounted to the burner (102) and to the blower (104) outside of the water tank (12), wherein the blower collar (SEE Figure 12) includes a bottom portion (112) having a circular opening surrounded by a burner mounting rim (SEE Annotated Figure 1) configured to mount to the burner; an upper portion (110) having a non-circular opening surrounded by a blower mounting rim (SEE Annotated Figure 1) having a blower mounting hole and being configured to mount to the blower; and a central portion (SEE Annotated Figure 1) between the bottom portion and the upper portion, wherein the central portion includes a surrounding wall connected to the burner mounting rim and the blower mounting rim, and wherein the surrounding wall surrounds an inner pass through having a cross-sectional shape that changes from the non-circular opening of the upper portion to the circular opening of the bottom portion (this is being interpreted as being inherent since the central portion clearly shows a circular opening at the burner connection and a rectangular opening at the blower connection). In re claim 18, Gordon et al clearly illustrates in Figure 12 that the upper portion has a rectangular opening as the non-circular opening.
Allowable Subject Matter
Claims 3-5, 11-13 and 19-20 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.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A WILSON whose telephone number is (571)272-4882. The examiner can normally be reached M-F; 7:00am-4:30pm.
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/GREGORY A WILSON/ Primary Examiner, Art Unit 3762 February 1, 2026