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)(4) because reference character “406” and “408” have been used to designate both diverter and flue cover, interchangeably, it is unclear if the diverters are to be interpreted as also the flue covers. 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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “aperture” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 disclosure is objected to because of the following informalities:
In [0055], line 4, change “form” to –from--,
In [0065], line 11, delete “in”,
In [0072], reference is made to a Figure 8c, which does not exist.
Appropriate correction is required.
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 4, 5 and 15 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.
In claim 4, the limitation of “a second second-pass flue tube” and “a second third-pass flue tube” is being regarded as indefinite, since the applicants original disclosure does not provide any support for identifying to a person having ordinary skill in the art a way to decipher which flue tube is being referenced, as there are multiple “second second-pass flue tube” and “second third-pass flue tube” (based on Figure 6A) which could be chosen.
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) 18, 21, 23, 25 and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chaudhry (10,895,404). Chaudhry a water heater (100) including a top water outlet (178), a water tank (191); a top cover assembly (196) having a top surface (SEE Figure 3), the top water outlet disposed on the top surface to output water from the water tank (SEE Figure 3); a multi-pass heat exchanger (260) positioned in the water tank, the multi-pass heat exchanger includes a first-pass flue tube (241); a set of second-pass flue tubes (242-245); a set of third-pass flue tubes (246-249, 261-264); and a top plenum (392) at a top end portion of the water heater, the top plenum having a first end and a second end (interpreted as the roof and floor of the plenum), the first end of the top plenum is separated from the second end of the top plenum so as to define a space, the space including an aperture sized to receive a water outlet pipe through the top water outlet (SEE column 4, lines 48-50). In re claim 21, Chaudhry discloses a set of second-pass flue tubes (242-245) are interspersed with the set of third-pass flue tubes (as per Figures 2 & 3) (SEE column 6, lines 46-51). In re claim 23, Chaudhry discloses a bottom plenum (329) proximal to a bottom end of the water heater, wherein hot gas from a combustion system flows through the first-pass flue tube (241) to the set of second-pass flue tubes (242-245) and to the set of third-pass flue tubes (SEE Figure 3), wherein the hot gas enters the bottom plenum from the set of third-pass flue tubes, and wherein the top cover assembly (196) includes a tank cover plate that defines the top plenum (SEE Figure 3). Chaudhry discloses that the tank cover plate has tube holes and a water outlet hole, and wherein the tube holes are arranged to match a configuration of the set of second-pass flue tubes and the set of third-pass flue tubes (SEE Figure 3 wherein the second and third pass flue tubes are embedded into the top cover assembly which is evidence of having tube holes that match the flue tubes). In re claim 26, Chaudhry discloses a structure capable of carrying out the method of heating water which includes providing, via water input pipe (177), un-heated water into a water heater including a top water outlet (178); a water tank (191); a top cover assembly (196) having a top surface (SEE Figures 1 & 3), the top water outlet (178) disposed on the top surface to output water from the water tank (Figure 3); and a multi-pass heat exchanger (260) positioned in the water tank, the multi-pass heat exchanger includes a top plenum (392) at a top end portion of the water heater, the top plenum having a first end and a second end (Figure 3), the first end of the top plenum separate from the second end of the top plenum so as to define a space, the space including an aperture sized to receive a water outlet pipe through the top water outlet (inherent); and heating, via the heat exchanger, the un-heated water.
Claim(s) 1-5, 7, 9, 15, 17-19, 21, 23, 25 and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scott et al (10,801,748). Scott et al discloses a water heater (100) including a top water outlet (110); a water tank (102); a top cover assembly (104) having a top surface (SEE Figures 3 & 4), wherein the top water outlet is disposed on the top surface to output water from the water tank (SEE Figure 3); a multi-pass heat exchanger (230) positioned in the water tank, wherein the multi-pass heat exchanger comprises flue tubes (202, 204, 206, etc.); and a top plenum (302) disposed at a top end portion of the water heater, wherein the top plenum comprises a single horse-shoe-shaped plenum (SEE Figure 4, wherein either 412 or 414 is being interpreted as a single horse shoe plenum). In re claim 2, Scott et al further discloses that the multi-pass heat exchanger includes a first-pass flue tube (202), a second-pass flue tube (204, 206, 208, 210), and a third-pass flue tube (212, 214, 216, 218, 220, 222, 224, 226), wherein the first-pass flue tube is configured to pass hot air (hot gas) to the second-pass flue tube, wherein the second-pass flue tube is configured to pass the hot air from the first-pass flue tube to the top plenum, and wherein the top plenum is configured to divert the hot air from the second-pass flue tube to the third-pass flue tube (SEE column 3, lines 10 – column 4, line 33). In re claim 3, Scott et al discloses that the first-pass flue (202) tube is centrally disposed within the water tank (SEE Figures 2 & 3), wherein the second-pass flue tube is radially disposed from the first-pass flue tube, and wherein the third-pass flue tube is radially disposed from the first-pass flue tube and is adjacent to the second-pass flue tube (as per Figures 2 & 3). In re claim 4, Scott et al discloses a second second-pass flue tube radially disposed from the first-pass flue tube (Figure 2); and a second third-pass flue tube radially disposed from the first-pass flue tube (Figure 2), wherein the third-pass flue tube is additionally adjacent to the second third-pass flue tube, and wherein the second third-pass flue tube is additionally adjacent to the second second-pass flue tube (as best understood by the examiner is also illustrated in both Figures 2 & 3). In re claim 5, as best understood by the examiner, Scott et al illustrates in Figures 2 & 3 that a second third-pass flue tube is radially disposed from the first-pass flue tube, wherein the second third-pass flue tube is adjacent to the third-pass flue tube, and wherein the top water outlet (110) is disposed adjacent to the second third-pass flue tube. In re claim 7, Scott et al discloses that the multi-pass heat exchanger includes a plurality of second-pass flue tubes (204, 206, 208, 210), and a plurality of third-pass flue tubes (212, 214, 216, 218, 220, 222, 224, 226), wherein the plurality of second-pass flue tubes includes the second-pass flue tube (redundant?), wherein the plurality of third-pass flue tube includes the third-pass flue tube (redundant?), wherein there are more third-pass flue tubes than there are second-pass flue tubes. In re claim 9, Scott et al discloses a gasket (412, 414), wherein the top cover assembly includes a horse-shoe-shaped diverter (SEE Figures 4, 7 & 8) mounted to a tank cover plate (402) such that the top plenum is defined by a space between the horse-shoe-shaped diverter and the tank cover plate, and wherein the horse-shoe-shaped diverter includes a single gasket track configured to receive the gasket (each of the diverters, as best represented by 412 & 414 has its own single gasket track). In re claim 15, Scott et al discloses a second third-pass flue tube (as best understood by the examiner, SEE Figures 2 & 3) adjacent to the third-pass flue tube, wherein a second-pass flue tube is adjacent to the second third-pass flue tube (as best understood by the examiner, SEE Figures 2 & 3), wherein the multi-pass heat exchanger includes a first-pass flue tube, wherein hot gas from a combustion system flows through the first-pass flue tube, and wherein a portion of the hot gas that flows through the first-pass flue tube flows to the second-pass flue tube (column 3, line 10 – column 4, line 33). In re claim 17, Scott et al discloses a combustion system (108) attached to a mounting flange (602), wherein the flue tubes include a second-pass flue tube and third-pass flue tube, wherein the top plenum (302) provides a hot gas flow path from the second-pass flue tube to the third-pass flue tube (via horse shoe diverters), and wherein the mounting flange is attached to the top cover assembly (402, SEE column 5, lines 48-55). In re claim 18, Scott et al discloses a water heater (100) including a water tank (102); a top cover assembly (104) having a top surface (SEE Figure 3), the top water outlet (110) disposed on the top surface to output water from the water tank; a multi-pass heat exchanger (230) positioned in the water tank, the multi-pass heat exchanger includes a first-pass flue tube; a set of second-pass flue tubes; a set of third-pass flue tubes; and a top plenum (302) at a top end portion of the water heater, the top plenum having a first end and a second end (402, 404) (SEE Figure 4), the first end of the top plenum is separated from the second end of the top plenum so as to define a space, the space including an aperture sized to receive a water outlet pipe through the top water outlet (inherent, to compensate for top water outlet 110). In re claim 19, Scott et al further discloses a gasket (412, 414),wherein the top cover assembly includes a horse-shoe-shaped diverter (SEE Figures 4, 7 and 8) mounted to a tank cover plate (402) such that the top plenum is defined by a space between the horse-shoe-shaped diverter and the tank cover plate (SEE Figure 4), and wherein the horse-shoe-shaped diverter includes a single gasket track configured to receive the gasket (as per Figure 7). In re claim 21, Scott et al discloses that the set of second-pass flue tubes are interspersed with the set of third-pass flue tubes (column 4, lines 18-33). In re claim 23, Scott et al further discloses a bottom plenum (305) proximal to a bottom end of the water heater (SEE Figure 3), wherein hot gas from a combustion system flows through the first-pass flue tube to the set of second-pass flue tubes and to the set of third-pass flue tubes, wherein the hot gas enters the bottom plenum from the set of third-pass flue tubes, and wherein the top cover assembly includes a tank cover plate (402, SEE Figures 4 & 5) that defines the top plenum. In re claim 25, Scott et al discloses that the tank cover plate (402) has tube holes and a water outlet hole, and wherein the tube holes are arranged to match a configuration of the set of second-pass flue tubes and the set of third-pass flue tubes (as per Figures 4-6). In re claim 26, Scott et al discloses structure capable of carrying out the method of heating water of the applicants claimed invention including providing, via water input pipe (as per water inlet 112), un-heated water into a water heater comprising: a top water outlet (110); a water tank (102); a top cover assembly (104) having a top surface (SEE Figure 3), the top water outlet disposed on the top surface to output water from the water tank (Figure 3); and a multi-pass heat exchanger (230) positioned in the water tank, the multi-pass heat exchanger comprising a top plenum (302) at a top end portion of the water heater, the top plenum having a first end and a second end (402, 404), the first end of the top plenum separate from the second end of the top plenum so as to define a space, the space including an aperture sized to receive a water outlet pipe through the top water outlet; and heating, via the heat exchanger, the un-heated water (SEE Figure 4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gordon et al (7,559,293) also teaches a down fired water heater with multi-pass heat exchanger and further includes a top plenum (34) in which the ends of the heat exchanger are received (SEE Figures 3 & 4).
Allowable Subject Matter
Claims 10-12, 14 and 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.
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 5, 2026