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 § 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.
Claim 6-8 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 6 recites the limitation "the heat-transfer fluid" in the second line of the claim. There is insufficient antecedent basis for this limitation in the claim.
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) 1-4, 6-9, 11-12, 14-16, 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2010/0282240 A1 (hereinafter “HARE”).
Regarding Claim 1, HARE discloses a pool heater for heating a pool, the pool heater comprising: a power supply (115); a body structure (see 105, 140, 120) comprising a first portion comprising a heat absorbing material forming one or more channels (see 120); a pump (110) powered by the power supply to circulate a fluid via the one or more channels of the body structure; and wherein the heat absorbing material of the first portion absorbs solar energy and transfers the solar energy to the fluid circulating in the body structure of the pool heater and then to pool water (see at least the Abstract: “The invention relates to a pool heater that includes a buoyant member configured to float on water; a tubing array positioned on the buoyant member and having at least one inlet and at least one outlet; a photovoltaic cell positioned on the buoyant member; a pump having an inlet, an outlet, and positioned on the buoyant member to receive power from the photovoltaic cell and circulate water through the tubing array to be heated in the tubing array.”).
Regarding Claim 2, HARE further discloses wherein the power supply (115) is powered by the solar energy.
Regarding Claim 3, HARE further discloses wherein the power supply (115) comprises a photovoltaic panel, the photovoltaic panel being supported by the body structure (see Figs. 1-3).
Regarding Claim 4, HARE further discloses wherein the channels (see 120) are in fluid communication with an inlet (125) and an outlet (130), and the fluid circulating in the body structure comprises pool water (see paras. [0016]-[0017]: “In another general aspect there is provided a method of heating water in a body of water. The method includes: providing a pool heater comprising a buoyant member configured to float on water; a tubing array positioned on the buoyant member and having at least one inlet and at least one outlet; a photovoltaic cell positioned on the buoyant member; a pump having an inlet, an outlet, and positioned on the buoyant member to receive power from the photovoltaic cell and circulate water through the tubing array to be heated in the tubing array; and positioning the pool heater on a surface of water whereby the photovoltaic cell is positioned to receive sunlight to power the pump and circulate water from the body of water through the tubing array and return the water to the body of water, wherein the sunlight powers the photovoltaic cell and heats the water in the tubing array.”).
Regarding Claims 6-8, HARE further discloses further comprising a heat-transfer device for transferring heat from the heat-transfer fluid into the pool water; wherein the heat-transfer device comprises coils (see 405 in the embodiment of Figs. 12 & 13) of the body structure located in contact with the pool water (see paras. [0013] and [0039]); wherein the heat-transfer device comprises a radiator or heat-sink located in contact with the pool water (see at least para. [0019]: “The pool heater may further include a skirt surrounding at least a portion of the buoyant member and including one or more chambers for holding a fluid, wherein upon placing the pool heater on a surface of water the chambers includes a lower surface in contact with the water and an upper surface oriented upward away from the water. Placing the pool heater on the surface of water provides reduction in evaporative heating loss and heating of the chambers to transfer heat to the water in the body of water.”).
Regarding Claim 9, HARE further discloses wherein the pool heater (100) is floated on a pool (see at least para. [0033]: “The pool heater is designed to float on top of a pool, use the pump to circulate water through the tubing array to heat the water, and return the heated water to the pool.”).
Regarding Claims 11-12 and 14, HARE discloses all of the claim limitations as is evident from the discussion of Claims 1-4 and 6-9 above. In the interest of brevity, the same or equivalent claim limitations already discussed above will not be repeated here.
Regarding Claims 15-16 and 18-20, HARE discloses all of the claim limitations as is evident from the discussion of Claims 1-4 and 6-9 above. In the interest of brevity, the same or equivalent claim limitations already discussed above will not be repeated here.
Claim(s) 1 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4823771 A (hereinafter “MENNING”).
Regarding Claims 1 and 10, MENNING discloses a pool heater for heating a pool, the pool heater comprising: a power supply (see 66); a body structure (see 14) comprising a first portion comprising a heat absorbing material forming one or more channels (see 36); a pump (28) powered by the power supply to circulate a fluid via the one or more channels of the body structure; and wherein the heat absorbing material of the first portion absorbs solar energy and transfers the solar energy to the fluid circulating in the body structure of the pool heater and then to pool water (see the Abstract); wherein the pool heater is disposed outside of a pool (see Fig. 1).
Claim(s) 11 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20120024372 A1 (hereinafter “DELGADO”).
Regarding Claims 11 and 13, DELGADO discloses a method for heating a pool, the method comprising: providing a floating pool heater (500) in the pool (see 24); receiving solar energy via an upper portion (502) of the floating pool heater; and conveying the solar energy to the pool water using a heat-transfer fluid (see para. [0058]: “A fluid based system includes a heat exchanger supply conduit 524 and a heat exchanger discharge conduit 526 in providing fluid communication between a pump 520 and a heat exchanger core 512, thus creating a closed loop system.”); wherein the heat-transfer fluid is one of water or another heat-transfer fluid, and the conveying comprises circulating in a closed-loop the heat transfer fluid (see para. [0058]: “A fluid based system includes a heat exchanger supply conduit 524 and a heat exchanger discharge conduit 526 in providing fluid communication between a pump 520 and a heat exchanger core 512, thus creating a closed loop system.”).
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 17 is rejected under 35 U.S.C. 103 as being unpatentable over HARE in view of DELGADO.
Regarding Claim 17, HARE discloses a floating pool heater for heating a pool, the floating pool heater comprising: a power supply comprising a photovoltaic panel (115); a body structure (see 105, 140, 120) comprising a first portion comprising a heat absorbing material forming one or more channels (see 120) and supporting the power supply; a pump (see 110) powered by the power supply to circulate a fluid via the one or more channels of the body structure; and wherein the heat absorbing material of the first portion absorbs solar energy and transfers the solar energy to the fluid circulating in the body structure of the pool heater and then to pool water(see at least the Abstract: “The invention relates to a pool heater that includes a buoyant member configured to float on water; a tubing array positioned on the buoyant member and having at least one inlet and at least one outlet; a photovoltaic cell positioned on the buoyant member; a pump having an inlet, an outlet, and positioned on the buoyant member to receive power from the photovoltaic cell and circulate water through the tubing array to be heated in the tubing array.”).
HARE does not disclose wherein the channels comprise a closed loop and the fluid circulating in the body structure comprises a heat-transfer fluid.
DELGADO teaches a floating pool heater for heating a pool, the floating pool heater comprising: wherein the channels (see 512, 524, 526) comprise a closed loop and the fluid circulating in the body structure comprises a heat-transfer fluid (see para. [0058]: “A fluid based system includes a heat exchanger supply conduit 524 and a heat exchanger discharge conduit 526 in providing fluid communication between a pump 520 and a heat exchanger core 512, thus creating a closed loop system.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify HARE wherein the channels comprise a closed loop and the fluid circulating in the body structure comprises a heat-transfer fluid as taught and/or suggested by DELGADO, since both references teach a floating pool heater for heating a pool, it would have been obvious to one skilled in the art to substitute one heat transfer method for the other to achieve the predictable result of heating a pool. In addition, DELGADO at para. [0058] states “This exemplary embodiment reduces the need for transferring the source water into and through the heat exchanger 510.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because the references are either in the same field of endeavor or are reasonably pertinent to the particular problem with which the applicant was concerned. Please see form PTO-892 (Notice of References Cited) attached to, or included with, this Office 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.
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/JORGE A PEREIRO/ Primary Examiner, Art Unit 3799
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