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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 4, 8, 11 and 14-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 only makes provision (or assumes) for if the auxiliary heating device is installed along the inlet duct so as to be able to act as a pre-heater, but does not compensate for if the auxiliary heating device is installed along the outlet duct so as to be able to act as a post-heater and thus is indefinite. Likewise, claim 4 only makes provision (or assumes) for if the auxiliary heating device is installed along the outlet duct so as to be able to act as a post-heater, but does not compensate for if the auxiliary heating device is installed along the inlet duct, and thus is indefinite. Examiner recommends combining the subject matter of claims 3 & 4 to overcome the rejection.
Regarding claims 8 & 11, the phrase "or the like" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
Regarding claim 14, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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, 4, and 6-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wolfswinkel et al (WO 2021204794). Wolfswinkel et al discloses a storage water heater (20) including at least a heating device (10), at least a storage tank (21) wherein water is stored and heated, at least a control and management unit (100) capable of checking at least said at least a heating device (page 36, line 19 – page 37, line 22), at least an inlet duct (22) through which water may be introduced into said tank, and at least an outlet duct (64) through which water may be sent/withdrawn from the said tank, wherein the storage water heater comprises at least two heating devices, of which at least a main heating device (10) and at least an auxiliary heating device (60), said at least an auxiliary heating device being installed along said outlet duct (SEE Figure 1) so as to be able to act as a post-heater; wherein said water heater comprises at least a circulator (32) dedicated, via at least a hydraulic connection duct (interpreted as the line in which the pump 32 resides, in Figure 1), to the recirculation of the storage water stored in said tank, said at least a circulator being capable of recirculating the water of the storage between the lower part and the top part of the said tank, by passing through said at least an auxiliary heating device (SEE page 26, line 24 – page 27, line 11). In re claim 4, Wolfswinkel et al discloses that the circulator (32) is capable of recirculating the water between the lower part of the said tank, said post-heater and the top part of the said tank, said circulator (32) being in fluid communication with the outlet (64) of the said post-heater and said inlet duct (22) (SEE Figure 1). In re claim 6, Wolfswinkel et al discloses that the circulator (32) is of the fixed revolution type (the pump can be controlled/altered for various flow types, as per page 32, lines 23-32). In re claim 7, Wolfswinkel et al discloses that the circulator is of the modulable or variable revolution type (the pump can be controlled/altered for various flow types, as per page 32, lines 23-32). In re claim 8, Wolfswinkel et al discloses that the water heater is further provided with one or more retaining means of the electrically or mechanically controllable type, such as solenoid valves, motorized valves or the like (SEE page 20, line 17 – page 21, line 10). In re claim 9, Wolfswinkel et al discloses that said controllable retaining means is placed along said hydraulic duct upstream of said circulator (the regulation valve is arranged along the hydraulic duct in view of page 20, line 17 – page 21, line 10). In re claim 10, Wolfswinkel et al discloses that said water heater is further provided with at least a first temperature sensor (T1) arranged in the proximity of the top zone of the said tank and capable of detecting the temperature of the storage water; and/or at least a third temperature sensor (T3) arranged in the proximity/along said inlet duct of the said tank, and capable of detecting at least the temperature; and/or at least a fifth temperature sensor (T6) arranged in the proximity/along said outlet duct of the tank, downstream of the outlet section of the said post-heater when provided, and capable of detecting at least the temperature. In re claim 11, Wolfswinkel et al discloses that the at least a first main heating device comprises a heat pump (SEE Abstract, for example) or means that use the solar or geothermal energy or the like; said at least an auxiliary heating device comprises heaters of the instantaneous type (61). In re claim 12, Wolfswinkel et al implicitly discloses that said at least an auxiliary device is equipped with power regulation means (SEE page 3, lines 20-30). In re claim 13, Wolfswinkel et al discloses at least a heating/auxiliary device (70) is installed externally to the said tank (SEE Figure 1).
Allowable Subject Matter
Claims 2 & 5 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.
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 13, 2026