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 .
The claims received 2/6/2026 are entered. Claims 8 and 9 are cancelled. Claims 16-30 remain withdrawn.
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 10/21/2025 is acknowledged.
Claims 16-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/21/2025.
Information Disclosure Statement
The listing of references in the PCT international search report is not considered to be an information disclosure statement (IDS) complying with 37 CFR 1.98. 37 CFR 1.98(a)(2) requires a legible copy of: (1) each foreign patent; (2) each publication or that portion which caused it to be listed; (3) for each cited pending U.S. application, the application specification including claims, and any drawing of the application, or that portion of the application which caused it to be listed including any claims directed to that portion, unless the cited pending U.S. application is stored in the Image File Wrapper (IFW) system; and (4) all other information, or that portion which caused it to be listed. In addition, each IDS must include a list of all patents, publications, applications, or other information submitted for consideration by the Office (see 37 CFR 1.98(a)(1) and (b)), and MPEP § 609.04(a), subsection I. states, “the list ... must be submitted on a separate paper.” Therefore, the references cited in the international search report have not been considered. Applicant is advised that the date of submission of any item of information in the international search report will be the date of submission of the IDS for purposes of determining compliance with the requirements for the IDS with 37 CFR 1.97, including all timing statement requirements of 37 CFR 1.97(e). See MPEP § 609.05(a).
Drawings
The drawings were received on 2/6/2026. These drawings are acceptable.
Figure 2 has been deleted, rendering objection moot.
Figure 4 is acknowledged as an exploded view. Other issues have been corrected by the amended figure 4 received 2/6/2026.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites “the abuts” rather than –that abuts-- at line 9.
Claim 1 recites “the metallic the spiral tube” at lines 10-11.
Appropriate correction is required.
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) 1-7 and 10-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pussell (US 2009/0266509), in view of Amit (US 4,514,617), and in view of Trant et al (US 10,458,678).
Regarding claim 1, Pussell discloses water heater system, the system comprising a water boiler including:
a) a metallic spiral tube (30; “copper” [0039]) configured to receive at a top end thereof, from an external source, a fluid in a heated state; to output, at a bottom end thereof, the fluid in a cooled state; and
b) a cylinder (42 and 44) adapted to abut the metallic spiral tube (30);
wherein the metallic spiral tube in the heated state, heats the cylinder which conducts the heat through the cylinder to heat water in the water boiler,
wherein the cylinder comprises an inner layer (44) that abuts an inside face of the metallic spiral tube (30) and an outer layer (42) that abuts an outside face of the metallic spiral tube (30).
Pussell is silent concerning the joining of the inner and outer tubes at a top. Amit discloses a water heater within inner and outer layers (20 and 21) joined at an upper end thereof (15; 5:11-14). It would have been obvious to one of ordinary skill in the art to have provided Pussell with the joining at an upper end in order to secure concentric alignment (Amit 5:11-14).
Pussell is silent concerning a circular plate at a bottom end. Figure 4 shows 42 and 44 terminating at a structure, but it is not clear that it is a circular plate. Trant discloses a water heater having a circular plate at a bottom against which the spiral tube containing cylinder terminates (shown in figure 14). Trant also discloses that welding is one known attachment means amongst several known attachment means (15:38-39). It would have been obvious to one of ordinary skill in the art to have provided Pussell with the bottom circular plate as taught by Trant in order to provide a location for external fluid connections. Moreover the connection of the respective layers and bottom plate increases structural rigidity and maintain concentricity. Further it would have been obvious to one of ordinary skill in the art to have used a welded connection in order to maintain a water tight connection and increase strength.
Regarding claim 2, Pussell discloses the water boiler is a cylindrical tank comprising an upper wall (14), sidewalls (12) and a bottom wall (16), but lacks an opening at the bottom wall. Trant discloses a cylindrical water boiler tank wherein the bottom wall includes an opening adapted for receiving circular plate with openings therein (shown in figure 14). Additionally Trant discloses the alternative of using the top wall for fluid connections (shown in figure 17). It has been held that a "simple substitution of one known element for another to obtain predictable results” is obvious. In this instance the prior art provides for the element of a top wall connection. It is known in the art to substitute a top wall for a bottom wall connection as evidenced by figures 14 and 17 of Trant. The result of the substitution would have been predictable. MPEP 2143 B.
Regarding claim 3, Pussell discloses the water boiler is new or previously housed a different heating system (Pussell discloses the water boiler of claim 1, therefor at some point in its existence it must have been new, inherently).
Regarding claim 4, Pussell discloses the external source (heat pump cycle as defined in [0026]) heats the fluid and the fluid is injected, through a conduit, to the upper end of the metallic spiral tube.
Regarding claim 5, Pussell discloses the metallic spiral tube is formed from a thermo-conductive material, such as copper ([0039]).
Regarding claim 6, Pussell discloses the system of claim 1 but lacks a heating element. Amit discloses a water boiler further comprises a heating element (7) disposed within an internal space defined by a tube. Amit discloses utilizing multiple sources of heat (electric and solar). It would have been obvious to one of ordinary skill in the art to have provided Pussell with a heating element in order to provide supplemental heat.
Regarding claim 7, Pussell discloses the external source includes a compressor ([0026]).
Regarding claim 10, Pussell discloses the cylinder is formed from a thermo-conductive material ([0042] the cylinder is employed to thermally conduct), Pussell is silent concerning a specific material.
In the previous office action on the merits the Examiner took Official Notice that copper is an old and well known material to employ in heat exchange utilities. In his subsequent reply to this office action, the applicant did not traverse Examiner’s assertion of Official Notice with regard to these elements. Therefore the Official Notice statements by the Examiner regarding these elements are now taken as admitted prior art by Applicant. See MPEP §2144.03(C).
It would have been obvious to one of ordinary skill in the art to have provided Pussell with a copper material in order to increase heat conduction.
Regarding claim 11, Pussell discloses 11 the heated water is outputted from a hot water output (22).
Regarding claims 12-14, Pussell discloses the system of claim 1 but lacks a control unit.
In the previous office action on the merits the Examiner took Official Notice that control units for water heating systems are old and well known including control of temperature, times of use and length of operation. In his subsequent reply to this office action, the applicant did not traverse Examiner’s assertion of Official Notice with regard to these elements. Therefore the Official Notice statements by the Examiner regarding these elements are now taken as admitted prior art by Applicant. See MPEP §2144.03(C).
It would have been obvious to one of ordinary skill in the art to have provided Pussell with a control unit as described in claims 12-14 in order to control temperature, provide hot water during times of high use (e.g. when a shower may used) and increase system efficiency (by turning the heat source off when heat is not needed).
Regarding claim 15, Pussell discloses the water is continuously generated (the "manner of operating the device does not differentiate apparatus from the prior art" And “apparatus claims cover what a device is, not what a device does” MPEP 2114. Absent distinguishing structure, a mere functional limitation is not sufficient to define over the prior art.).
Response to Arguments
Applicant's arguments filed 2/6/2026 have been fully considered but they are not persuasive or rendered moot by the new grounds of rejection.
Regarding the connection of the inner and outer layers (42 and 44) of the cylinder of Pussell, it is ambiguous how they are connected or secured. Pussell is silent on the matter. The examiner notes that the structures must be in some way secured, they cannot simply float in space. To resolve this deficiency Amit and Trant are provided, who disclosure top and bottom cylinder securing arrangements within water heaters.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Boros et al (US 11,788,769) heat pump water heater control.
Choi (US 11,041,662) guide portions within water heater.
Yin (US 10,429,084) heat pump water heater.
Dempsey (US 5,228,505) shell and coil heat exchanger.
Kaehler (US 4,305,454) heat exchanger with recirculation.
Brenner (US 3,921,708) heat exchanger.
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 CHRISTOPHER R ZERPHEY whose telephone number is (571)272-5965. The examiner can normally be reached M-F 7:00-4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached at 5712707740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R ZERPHEY/Primary Examiner, Art Unit 3799