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 .
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.
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) 1-3 and 6-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2007/0257122 A1 (hereinafter “SHIMADA”) in view of CN 208764385 U (hereinafter “GUI”).
PNG
media_image1.png
764
913
media_image1.png
Greyscale
Regarding Claim 1, SHIMADA discloses a partially-premixed gas burner appliance (1), comprising: a combustion chamber (see 2), a fan (14) configured to provide an air flow to the combustion chamber (see 2), wherein the fan (14) is assigned to an air inlet port (see annotation in Fig. 1 above) of the combustion chamber (see 2) or to an air duct (see annotation in Fig. 1 above) configured to provide the air to the air inlet port (see annotation in Fig. 1 above), a gas modulator (10) configured to provide a gas flow to the combustion chamber (see 2), wherein a first portion of the air provided by the fan (14) is premixed with the gas flow before the gas is combusted (see Fig. 1 which illustrates premixed burner units 3a), wherein a second portion of the air provided by the fan (14) is mixed with the gas while the gas is combusted (i.e., the air that flows around but not through premixed burner units 3a).
SHIMADA does not disclose an air flow restriction element assigned to the air inlet port of the combustion chamber or to the air duct and configured to provide a pressure drop so that the pressure downstream of the air flow restriction element is lower than the pressure upstream of the air flow restriction element, wherein the gas modulator is a pneumatic gas control valve having a main gas valve, a safety gas valve, a servo gas valve, and a gas outlet pressure regulator, wherein the gas outlet pressure regulator, namely a first chamber of the gas outlet pressure regulator in which a pressure is present that influences the nominal-value of the gas outlet pressure of the pneumatic gas control valve, is connected to the air inlet port or to the air duct upstream of the air flow restriction element such that the gas outlet pressure provided by the pneumatic gas control valve depends on the air pressure provided by the fan upstream of the air flow restriction element.
PNG
media_image2.png
972
1526
media_image2.png
Greyscale
GUI teaches a servo pneumatic control gas proportional valve assembly, comprising: an air flow restriction element (62) assigned to the air inlet port of the combustion chamber (the space surrounding burner 10) or to the air duct (6) and configured to provide a pressure drop so that the pressure downstream of the air flow restriction element (62) is lower than the pressure upstream of the air flow restriction element (62), wherein the gas modulator (see Fig. 1) is a pneumatic gas control valve having a main gas valve (3), a safety gas valve (2), a servo gas valve (8), and a gas outlet pressure regulator (4), wherein the gas outlet pressure regulator (4), namely a first chamber (see annotation in Fig. 4 above) of the gas outlet pressure regulator (4) in which a pressure is present that influences the nominal-value of the gas outlet pressure of the pneumatic gas control valve, is connected to the air inlet port or to the air duct (6) upstream of the air flow restriction element (62) such that the gas outlet pressure provided by the pneumatic gas control valve depends on the air pressure provided by the fan (61) upstream of the air flow restriction element (62).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify SHIMADA to comprise an air flow restriction element assigned to the air inlet port of the combustion chamber or to the air duct and configured to provide a pressure drop so that the pressure downstream of the air flow restriction element is lower than the pressure upstream of the air flow restriction element, wherein the gas modulator is a pneumatic gas control valve having a main gas valve, a safety gas valve, a servo gas valve, and a gas outlet pressure regulator, wherein the gas outlet pressure regulator, namely a first chamber of the gas outlet pressure regulator in which a pressure is present that influences the nominal-value of the gas outlet pressure of the pneumatic gas control valve, is connected to the air inlet port or to the air duct upstream of the air flow restriction element such that the gas outlet pressure provided by the pneumatic gas control valve depends on the air pressure provided by the fan upstream of the air flow restriction element as taught and/or suggested by GUI, since both references teach a gas modulator arrangement used for the same or a similar purpose, it would have been obvious to one skilled in the art to substitute one gas modulator arrangement for the other to achieve the predictable result of establishing a linear relation between the air signal pressure and the gas output pressure, so as to ensure complete combustion, the mixing ratio of gas and air can be kept in a constant range, realize sufficient combustion to reduce the generation of waste gas and improve the efficiency of fuel gas equipment. The structure of the gas modulator is compact, provides stable performance, high safety, and it can be widely applied to gas water heater and all pre-mixing gas fired combustion devices (see the provided English translation of GUI).
Regarding Claim 2, GUI further teaches wherein the first chamber (see annotation in Fig. 4 above) of the gas outlet pressure regulator (4) of the pneumatic gas control valve is connected to the air inlet port of the combustion chamber or to the air duct (6) through a pipe or duct (7).
Regarding Claim 3, GUI further teaches wherein the gas outlet pressure regulator (4) of the pneumatic gas control valve comprises a diaphragm (45), wherein the first chamber (see annotation in Fig. 4 above) of the gas outlet pressure regulator (4) is positioned on a first side of the diaphragm (45) such that the pressure present within the first chamber acts on the first side of the diaphragm (45), wherein a second chamber (see annotation in Fig. 4 above) of the gas outlet pressure regulator (4) is positioned on a second side of the diaphragm (45), wherein the second chamber (see annotation in Fig. 4 above) of the gas outlet pressure regulator (4) is connected (see Fig. 4) to a gas outlet chamber (14/15) of the pneumatic gas control valve such that the gas outlet pressure present within the second chamber (see annotation in Fig. 4 above) acts on the second side of the diaphragm (45).
Regarding Claims 6 and 7, GUI further teaches wherein the main gas valve (3) of the pneumatic gas control valve comprises a diaphragm (31) and a spring (35), wherein the gas outlet pressure provided by the pneumatic gas control valve and a spring force provided by the spring (35) of the main gas valve (3) act on a first side of the diaphragm (31) of the main gas valve (3) to close the main gas valve (3), wherein a servo gas chamber (134) is positioned on a second side of the diaphragm (31) of the main gas valve (3), wherein a servo gas pressure being present within the servo gas chamber (134) acts on the second side of the diaphragm (31) of the main gas valve (3) to open the main gas valve (3), wherein the servo gas chamber (134) is connected to the servo gas valve (8) of the pneumatic gas control valve and to the gas out-let pressure regulator (4) of the pneumatic gas control valve; wherein the servo gas chamber (134) is connected to the gas outlet pressure regulator (4) through a pressure relief valve (see 44, 46) integrated in the diaphragm (45) of the gas outlet pressure regulator (4).
Regarding Claims 8 and 9, SHIMADA further discloses wherein a gas burner rod (3) having at least two segments (3a) is positioned within the combustion chamber (see 2), wherein the combustion chamber comprises for each segment (3a) of the gas burner rod (3) at least one individual gas inlet port (see Fig. 1 wherein each inlet port is directly below and aligned with each segment 3a), wherein the pneumatic gas control valve provides a gas flow to each of the individual gas inlet ports (see gas flow pipe 8 which terminates in the at least one individual gas inlet port) of the combustion chamber (see 2); wherein a shut off valve (11) is assigned to at least one of the individual gas inlet ports to selectively open or close the respective gas inlet port thereby selectively operating the respective segment (3a) of the gas burner rod (3).
Regarding Claim 10, GUI further teaches wherein the pneumatic gas control valve is configured to be used in a fully-premixed gas burner appliance (GUI teaches a fully-premixed gas burner appliance, see burner 10 which is fully-premixed. See also the provided English translation of GUI which teaches that said pneumatic gas control valve can be widely applied to gas water heaters and all pre-mixing gas fired combustion devices).
Regarding Claim 11, GUI further teaches wherein the gas outlet pressure regulator (4) of the pneumatic gas control valve comprises a diaphragm (45), the first chamber (annotated in Fig. 4 above) of the gas outlet pressure regulator is positioned on a first side of the diaphragm (45) such that the pressure present within the first chamber acts on the first side of the diaphragm, a second chamber (annotated in Fig. 4 above) of the gas outlet pressure regulator is positioned on a second side of the diaphragm (45), wherein the second chamber of the gas outlet pressure regulator is connected (see Fig. 4) to a gas outlet chamber (14/15) of the pneumatic gas control valve such that the gas outlet pressure present within the second chamber acts on the second side of the diaphragm (45).
Allowable Subject Matter
Claims 4-5 and 12-13 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.
Response to Arguments
Applicant's arguments filed July 13th, 2026 have been fully considered but they are not persuasive.
Applicant argues that Gui's disclosure of a valve assembly, even if useful in gas-fired equipment, does not itself explain why a person of ordinary skill in the art (POSITA) would have replaced Shimada's existing burner-control/gas arrangement with Gui's servo pneumatic valve package in Shimada's particular circulation hot-water abnormality-diagnosis system. The Action's substitution rationale identifies a desired result of the proposed modification, but does not provide the required articulated reasoning with rational underpinning for making the modification in the first place. The Action does not tie Gui's specific structure to Shimada's operating context, does not explain why Shimada's controller-based proportional-valve arrangement would have been replaced, and does not address whether such replacement would predictably preserve Shimada's relied-upon operation.
The Examiner respectfully disagrees. Both Shimada and Gui teach a gas modulator arrangement used for the same or a similar purpose, therefore it would have been obvious to one skilled in the art to substitute one gas modulator arrangement for the other since doing so would have yielded nothing more than the predictable result of effectively supplying the necessary gas flow to Shimada’s burner(s). Furthermore, as stated in the obviousness rationale, Gui provides a laundry list of benefits provided by its gas modulator. Namely: (1) establishing a linear relation between the air signal pressure and the gas output pressure, so as to ensure complete combustion, (2) the mixing ratio of gas and air can be kept in a constant range, (3) realize sufficient combustion to reduce the generation of waste gas and (4) improve the efficiency of fuel gas equipment. (6) The structure of the gas modulator is compact, (7) provides stable performance, (8) high safety, and (9) it can be widely applied to gas water heater and all pre-mixing gas fired combustion devices (See Pg. 3 of the provided English translation of GUI, specifically see the paragraph immediately before the “Description” section.).
Contrary to Applicant’s allegation, the Examiner explains why a person of ordinary skill in the art (POSITA) would have found it obvious before the effective filing date to replace Shimada's gas valve with Gui's gas valve since both Shimada and Gui teach a gas modulator arrangement used for the same or a similar purpose, thus replacing one for the other would have yielded nothing more than a predictable result of effectively supplying the necessary gas flow to Shimada’s burner(s). In addition, the Examiner also provided the required articulated reasoning with rational underpinning for making the modification in the first place, namely that Gui’s servo pneumatic control gas proportional valve assembly establishes a linear relation between the air signal pressure and the gas output pressure, so as to ensure complete combustion, the mixing ratio of gas and air can be kept in a constant range, realize sufficient combustion to reduce the generation of waste gas and improve the efficiency of fuel gas equipment. The structure of the gas modulator is compact, provides stable performance, high safety, and it can be widely applied to gas water heater and all pre-mixing gas fired combustion devices (See Pg. 3 of the provided English translation of GUI, specifically see the paragraph immediately before the “Description” section.).
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 JORGE A PEREIRO whose telephone number is (571)270-3932 and whose fax number is (571) 270-4932. The examiner can normally be reached on M-F 9:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JORGE A PEREIRO/ Primary Examiner, Art Unit 3799
Prosecution Insights