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
Response to Amendment
The Amendment filed 1/15/26 has been entered. Claims 24-41 and 43-44 are pending in the application. Application’s amendments to the Drawings, Specification, and Claims have overcome each and every objection and 112(b) rejection previously set forth in the Non-Final Office Action mailed with exceptions noted below.
Response to Arguments
Applicant's arguments filed 1/15/26 have been fully considered but they are not persuasive.
Applicant asserts Du does not teach “a barrier disposed at an entire outer peripheral edge of the plate” and cites Figure 7 as support because only three sides have the barrier.
Du teaches this in Figure 7 has a small barrier disposed at an entire outer peripheral edge in addition to the large barriers also seen.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 44 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 44 recites “a plurality of mounting holes of a same size” and “no hole other than the plurality of mounting holes being formed on the leak-proof plate”. The same size limitation nor the limitation on the number and size of holes is found in the specification nor has applicant indicated where support for this limitation is found in the specification.
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 24-41 and 43 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 24 recites “a leak-proof plate disposed in the heat exchange chamber and connected to one side plate assembly of the plurality of side plate assemblies”, “the leak-proof plate including; a plate body”, and “the plate body being not in contact with the one side plate assembly”. It is not clear how the leak proof plate which is connected to one side plate assembly also comprises a plate body which is not in contact with the one side plate assembly. Because it is unclear how an object can be connected and not connected to another object the claim is unclear. Examiner will interpret either to meet the claim limitation.
Claim Rejections - 35 USC § 102
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) 24-28, and 32-33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN205690651 to Du et al. (Du).
Regarding claim 24, Du teaches the water tank assembly comprising: a plurality of side plate assemblies (13 and 14, Figure 7), a heat exchange chamber being formed by enclosing at least the plurality of side plate assemblies (interior of 11, 12, 13, and 14, Figure 7); a heat exchange pipe disposed in the heat exchange chamber and having an inlet end and an outlet end (21, Figure 7); and a leak-proof plate disposed in the heat exchange chamber and connected to one side plate assembly of the plurality of side plate assemblies (41, Figure 7), a mounting hole being formed at the leak-proof plate (a plurality of holes shown in Figure 7), and the leak-proof plate including; a plate body (41, Figure 7) the mounting hole being formed at the plate body (appears to be shown in Figure 6 and disclosed at “the mounting plate 41 can be provided with a plurality of first mounting holes 401, each main tube 21 passes through the corresponding first mounting hole 401 extends into the water passage” alternative any of the holes shown in Figure 7 could be considered mounting holes), the plate body being not in contact with the one side plate assembly (there are parts that are not in contact per Figure 7); and, a barrier disposed at an outer peripheral edge of the one side plate assembly and sealingly connected to the one side plate assembly (edge protrusions shown in Figure 7 and connections shown in Figures 1-4 the device does not leak water therefore is sealed), wherein at least one of the inlet end or the outlet end of the heat exchange pipe passes through the mounting hole and the one side plate assembly (appears to be shown in Figure 6 and disclosed at “the mounting plate 41 can be provided with a plurality of first mounting holes 401, each main tube 21 passes through the corresponding first mounting hole 401 extends into the water passage”).
Regarding claim 25, Du teaches wherein an outer wall of the heat exchange pipe is attached to an inner wall of the mounting hole (Figure 6 shows the device mounted which is considered mounted).
Regarding claim 26, Du teaches wherein a protective gap is formed between the leak-proof plate and the one side plate assembly (gap shown in Figure 7 and Figure 1 at least in the protruding portions).
Regarding claim 27, Du teaches wherein a gap being formed between the plate body and the one side plate assembly (gap shown in Figure 7 and Figure 1 at least in the protruding portion), and the mounting hole being formed at the plate body (shown in Figure 7); and the protective gap is formed by enclosing the plate body, the barrier, and the one side panel assembly (shown in Figures 1-4).
Regarding claim 28, Du teaches wherein a sealing ring edge is disposed at a side of the barrier away from the plate body and is sealingly connected to the one side plate assembly (edge protrusions shown in Figure 7 and connections shown in Figures 1-4).
Regarding claim 32, Du teaches wherein: the heat exchange pipe is one of a plurality of heat exchange pipes of the water tank assembly (shown in Figure 7); and the mounting hole is one of a plurality of mounting holes formed at the leak-proof plate and arranged in one-to-one correspondence to the plurality of heat exchange pipes (shown in Figure 7).
Regarding claim 33, Du teaches a reservoir disposed at an outer side of the one side panel assembly and in communication with the heat exchange pipe (106, Figure 7, this is disposed at an outer side of the panel not on the outside which corresponds to the usage in the present application).
Regarding claim 44, Du teaches claim 44 per claims 24, additionally a plurality of mounting holes of a same size are formed on the leak proof plate as shown in Figure 7, they are not all the same size but there are a plurality that are the same size.
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) 44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Du in view of CN208012114 to Yang et al. (Yang).
Regarding claim 44, Du teaches wherein: the heat exchange pipe is one of a plurality of heat exchange pipes of the water tank assembly; and the mounting hole is one of a plurality of mounting holes formed at the leak-proof plate and arranged in one-to-one correspondence to the plurality of heat exchange pipes (shown in Figure 7).
Du is silent on no other holes being formed in the plate. It would have been obvious to one of ordinary skill in the art at the time the invention was made to provide all tubes of the same size since such a modification would simply change the amount of heat transferred by the device and/or change the number of tubes in the device and doing so would result in different scale but no change in performance. (In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976)).
Regarding claim 29, Du is silent on wherein the leak-proof plate further includes a sealing ring edge an end of the sealing ring edge being connected to the inner wall of the mounting hole, another end of the sealing ring edge protruding in an axial direction of the mounting hole, and the sealing ring edge being disposed around the outer wall of the heat exchange pipe.
Yang teaches wherein the leak-proof plate further includes a sealing ring edge (321 has an edge as shown in Figures 3 and 4), an end of the sealing ring edge being connected to the inner wall of the mounting hole, another end of the sealing ring edge protruding in an axial direction of the mounting hole, and the sealing ring edge being disposed around the outer wall of the heat exchange pipe (orientation shown in Figures 1-4). 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 Du with the teachings of Yang to provide wherein the leak-proof plate further includes a sealing ring edge an end of the sealing ring edge being connected to the inner wall of the mounting hole, another end of the sealing ring edge protruding in an axial direction of the mounting hole, and the sealing ring edge being disposed around the outer wall of the heat exchange pipe. Doing so would ensure a tight connection between the plate and tubes which would enhance the heat transfer and increase the lifetime of the device.
Regarding claim 30, the modified device of Du teaches wherein the sealing ring edge protrudes from a side of the leak-proof plate facing towards the one side plate assembly (shown in Yang, Figures 3 and 4).
Regarding claim 31, the modified device of Du teaches wherein a gap is formed between an end of the sealing ring edge away from the leak-proof plate and the one side plate assembly (shown in Figures 1-4 of Yang).
Claim(s) 34-39 and 43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Du in view of EP1243866 to Bianchini et al. (Bianchini).
Regarding claim 34, Du is silent a burner in communication with the heat exchange chamber of the water tank assembly, the burner being configured to generate high temperature smoke through combustion.
Bianchini teaches a burner (3, Figure 2) in communication with the heat exchange chamber of the water tank assembly, the burner being configured to generate high temperature smoke through combustion (the burner and orientation in Figure 2 and the orientation of Du meets this limitation). 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 Du with the teachings of Bianchini to provide a burner in communication with the heat exchange chamber of the water tank assembly, the burner being configured to generate high temperature smoke through combustion. Doing so would provide structure already likely present in Du and/or provide a heat source to allow the heat exchanger to operate.
Regarding claim 35, the modified device of Du teaches wherein: the water tank assembly has a first end and a second end opposite to the first end, the burner being disposed at the first end of the water tank assembly (top end of Du); and a radial section of the heat exchange pipe of the water tank assembly is of an elliptical shape (shown in Bianchini and Du), a long axis of the elliptical shape extending in a direction from the first end to the second end of the water tank assembly (shown in Bianchini and Du).
Regarding claim 36, Du teaches wherein an outer wall of the heat exchange pipe is attached to an inner wall of the mounting hole tightly (Figure 6 shows the device mounted which is considered tightly mounted).
Regarding claim 37, Du teaches wherein a protective gap is formed between the leak-proof plate and the one side plate assembly (gaps shown at 106, Figure 7).
Regarding claim 38, Du teaches wherein a gap being formed between the plate body and the one side plate assembly (106, Figure 7), and the mounting hole being formed at the plate body; and the protective gap is formed by enclosing the plate body, the barrier, and the one side panel assembly (106 is formed by enclosing this structure).
Regarding claim 39, Du teaches wherein a sealing ring edge is disposed at a side of the barrier away from the plate body and is sealingly connected to the one side plate assembly (edge protrusions shown in Figure 7 and connections shown in Figures 1-4).
Claim(s) 40-42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Du in view of Bianchini and Yang.
Regarding claim 40, Du is silent on wherein the leak-proof plate further includes a sealing ring edge, an end of the sealing ring edge being connected to the inner wall of the mounting hole, another end of the sealing ring edge protruding in an axial direction of the mounting hole, and the sealing ring edge being disposed around the outer wall of the heat exchange pipe.
Yang teaches wherein the leak-proof plate further includes a sealing ring edge (321 has an edge as shown in Figures 3 and 4), an end of the sealing ring edge being connected to the inner wall of the mounting hole, another end of the sealing ring edge protruding in an axial direction of the mounting hole, and the sealing ring edge being disposed around the outer wall of the heat exchange pipe (orientation shown in Figures 1-4). 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 Du with the teachings of Yang to provide wherein the leak-proof plate further includes a sealing ring edge, an end of the sealing ring edge being connected to the inner wall of the mounting hole, another end of the sealing ring edge protruding in an axial direction of the mounting hole, and the sealing ring edge being disposed around the outer wall of the heat exchange pipe. Doing so would ensure a tight connection between the plate and tubes which would enhance the heat transfer and increase the lifetime of the device.
Regarding claim 41, the modified device of Du teaches wherein the sealing ring edge protrudes from a side of the leak-proof plate facing towards the one side plate assembly (shown in Yang, Figures 3 and 4).
Regarding claim 42, the modified device of Du teaches wherein a gap is formed between an end of the sealing ring edge away from the leak-proof plate and the one side plate assembly (shown in Figures 1-4 of Yang).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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