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.
Specification
The disclosure is objected to because of the following informalities:
In [0030], line 1, change “7” to –FIG. 7--.
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 1-20 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.
Claims 1 and 14 recite “every two of the plurality of first heat exchange pipes being formed as a reciprocating heat exchange group”, wherein it is unclear how a “reciprocating heat exchanger” is to be identified. The applicants original disclosure does not provide a definition of what a “reciprocating heat exchanger” is rendering the term indefinite and for purposes of examination, the examiner is interpreting any sets of heat exchanger tubes which extend between a first and second water box as meeting the claim limitation.
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) 1-9 and 14-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN105953407 (CN ‘407). CN ‘407 discloses a water tank assembly (100) of a heating device (hot water equipment technology), the water tank assembly includes a tank body (10) having a smoke inlet (104) and a smoke outlet (105), the tank body includes a first side plate assembly (13) and a second side plate assembly (14) that are opposite to each other, a plurality of first water boxes (106) being defined by the first side plate assembly, a plurality of second water boxes (106) being defined by the second side plate assembly (SEE Figure 7), a water inlet (61) and a water outlet (62) being formed on the first side plate assembly, and each of the water inlet and the water outlet being in communication with one of the plurality of first water boxes (SEE Figure 7); a main heat exchange pipe assembly including a plurality of first heat exchange pipes (21); a condensation pipe assembly (30) located on a side of the main heat exchange pipe assembly facing towards the smoke outlet (SEE Figure 6), the condensation pipe assembly comprising a plurality of second heat exchange pipes (31), the plurality of first water boxes being in communication with the plurality of second water boxes via the main heat exchange pipe assembly and the condensation pipe assembly (Figure 7 for example), and as best understood by the examiner, Figure 7 illustrates every two of the plurality of first heat exchange pipes (21) being formed as “a reciprocating heat exchange group”, and each reciprocating heat exchange group being in communication with one of the plurality of first water boxes (106) and with two of the plurality of second water boxes (106) to form a series water passageway (as determined by the differing shapes of the water boxes on the first plate side assembly as compared with the water boxes on the second plate side assembly, as per Figures 5 & 11); and a heat exchange fin assembly (22), at least some of the plurality of first heat exchange pipes (21) passing through the heat exchange fin assembly (SEE Figure 8). In re claim 2, CN ‘407 further discloses that wherein at least some of the plurality of first heat exchange pipes each have an elliptic cross section (Figure 8). In re claim 3, CN ‘407 discloses that the heating device further includes a plurality of fire-side heat exchange pipes(interpreted as element 50) provided at a side of the main heat exchange pipe assembly (as per Figure 7) facing towards the smoke inlet (the location of pipes 50 is closer to the smoke inlet than the main heat exchange pipe assembly), the plurality of fire-side heat exchange pipes being in communication with the plurality of first water boxes and the plurality of second water boxes, respectively (Figure 7 and [0070]). In re claim 4, CN ‘407 further discloses that the plurality of fire-side heat exchange pipes (50) is provided at an upper side of the main heat exchange pipe assembly (20); and no heat exchange fin is provided for the plurality of fire-side heat exchange pipes (SEE Figure 7, the pipes 50 are absent of any fins). In re claim 5, CN ‘407 further discloses that each of the plurality of fire-side heat exchange pipes (50) has a circular cross section (SEE Figures 1, 6 & 7). In re claim 6, in CN ‘407 there are no baffles nor disturbance members disposed in any of the plurality of fire-side heat exchange pipes (50). In re claim 7, CN ‘407 illustrates in Figures 5, 7 and 11 that each of the plurality of first water boxes (106) in communication with the condensation pipe assembly is in communication with at least three of the plurality of second heat exchange pipes (31); and the plurality of second heat exchange pipes corresponding to each of the plurality of first water boxes is arranged in rows and columns. In re claim 8, CN ‘407 discloses that the plurality of first heat exchange pipes (21) is arranged in one layer and passes through the heat exchange fin assembly (22); and the heat exchange fin assembly (22) through which the plurality of first heat exchange pipes passes is disposed on the condensation pipe assembly (SEE Figure 6, which illustrates the condensation pipe located under the fin assembly). In re claim 9, CN ‘407 discloses that the tank body (10) further comprises a first heat insulation plate (being interpreted as plate 11) and a second heat insulation plate (being interpreted as plate 12) opposite to the first heat insulation plate, the first heat insulation plate being engaged with the first side plate assembly and the second side plate assembly, the second heat insulation plate being engaged with the first side plate assembly and the second side plate assembly (SEE Figure 7), and each of the first heat insulation plate and the second heat insulation plate being an integrated piece (Figure 3). In re claim 14, CN ‘407 discloses a water tank assembly (100) of a heating device (hot water equipment technology), the water tank assembly includes a tank body (10) having a smoke inlet (104) and a smoke outlet (105), the tank body includes a first side plate assembly (13) and a second side plate assembly (14) that are opposite to each other, a plurality of first water boxes (106) being defined by the first side plate assembly, a plurality of second water boxes (106) being defined by the second side plate assembly (SEE Figure 7), a water inlet (61) and a water outlet (62) being formed on the first side plate assembly, and each of the water inlet and the water outlet being in communication with one of the plurality of first water boxes (SEE Figure 7); a main heat exchange pipe assembly including a plurality of first heat exchange pipes (21); a condensation pipe assembly (30) located on a side of the main heat exchange pipe assembly facing towards the smoke outlet (SEE Figure 6), the condensation pipe assembly comprising a plurality of second heat exchange pipes (31), the plurality of first water boxes being in communication with the plurality of second water boxes via the main heat exchange pipe assembly and the condensation pipe assembly (Figure 7 for example), and as best understood by the examiner, Figure 7 illustrates every two of the plurality of first heat exchange pipes (21) being formed as “a reciprocating heat exchange group”, and each reciprocating heat exchange group being in communication with one of the plurality of first water boxes (106) and with two of the plurality of second water boxes (106) to form a series water passageway (as determined by the differing shapes of the water boxes on the first plate side assembly as compared with the water boxes on the second plate side assembly, as per Figures 5 & 11); and a heat exchange fin assembly (22), at least some of the plurality of first heat exchange pipes (21) passing through the heat exchange fin assembly (SEE Figure 8). In re claim 15, CN ‘407 further discloses that wherein at least some of the plurality of first heat exchange pipes each have an elliptic cross section (Figure 8). In re claim 16, CN ‘407 discloses that the heating device further includes a plurality of fire-side heat exchange pipes(interpreted as element 50) provided at a side of the main heat exchange pipe assembly (as per Figure 7) facing towards the smoke inlet (the location of pipes 50 is closer to the smoke inlet than the main heat exchange pipe assembly), the plurality of fire-side heat exchange pipes being in communication with the plurality of first water boxes and the plurality of second water boxes, respectively (Figure 7 and [0070]). In re claim 17, CN ‘407 further discloses that the plurality of fire-side heat exchange pipes (50) is provided at an upper side of the main heat exchange pipe assembly (20); and no heat exchange fin is provided for the plurality of fire-side heat exchange pipes (SEE Figure 7, the pipes 50 are absent of any fins). In re claim 18, CN ‘407 further discloses that each of the plurality of fire-side heat exchange pipes (50) has a circular cross section (SEE Figures 1, 6 & 7). In re claim 19, in CN ‘407 there are no baffles nor disturbance members disposed in any of the plurality of fire-side heat exchange pipes (50). In re claim 20, CN ‘407 illustrates in Figures 5, 7 and 11 that each of the plurality of first water boxes (106) in communication with the condensation pipe assembly is in communication with at least three of the plurality of second heat exchange pipes (31); and the plurality of second heat exchange pipes corresponding to each of the plurality of first water boxes is arranged in rows and columns.
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.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN105953407 in view of CN112880194 (CN ‘194). CN ‘407 discloses the applicants primary inventive concept, as stated above, including a water tank assembly of a heating device having a tank body with a smoke inlet, a smoke outlet, a main heat exchange pipe assembly and a condensation pipe assembly, however CN ‘407 does not specifically disclose the tank body having smoke baffles near the smoke outlet side of the tank body. CN ‘194 similarly teaches a water tank assembly with a heating device having a tank body with a smoke inlet (14), a smoke outlet (13), a main heat exchange pipe assembly (20) and a condensation pipe assembly (12) but further teaches that it was commonly known in the art for the smoke outlet (13) to have a smoke baffle (50) located adjacent the condensation pipe assembly wherein the smoke outlet is formed on the smoke baffle (SEE Figure 1 and [0043]). It 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 subject matter pertains to have modified smoke outlet of the tank body of CN ‘407 to include a smoke baffle (50) as was already known in the art and taught by CN ‘194 and arrived at the applicants claimed invention for the purpose of extending the heat exchange time between the combustion fumes and the water flowing through the pipes. In re claim 12, CN ‘407 as modified by CN ‘194 would result in a structure that would meet the limitations of the applicants claimed invention since CN ‘194 further teaches that the smoke baffle has a plurality of guide plates (40) away from the smoke inlet; the smoke outlet has a first channel; and ends of the plurality of guide plates away from the smoke inlet are arranged at intervals to define the first channel (SEE Figure 1 of CN ‘194).
Allowable Subject Matter
Claims 10 & 13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steve McAllister can be reached at 571-272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GREGORY A WILSON/ Primary Examiner, Art Unit 3762 November 26, 2025