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 .
Status of the claims
Claims 1, 12, 20 is/are amended, claims 2, 15 is/are cancelled. Currently claims 1,3-14, 16-20 are pending in this application.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3-7, 10-14, 16-18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over McIllwain (20070170273) in view of Daisuke et al (JP H07332576 A).
Regarding claim(s) 1 and 3, McIllwain, (Fig. 1), discloses a hot water storage system comprising: at least one surge accumulator 130 coupled to and in fluid communication with a building hot water source 110; and at least one plumbing line diameter tube 120 coupled to and in fluid communication with at least the at least one oversized diameter tube.
McIllwain fails to disclose surge accumulator 130 as an inline oversized diameter tube. Daisuke (Fig. 1) teaches surge accumulator 11 as an inline oversized diameter tube and positioned in an interstitial space (space between plumbing valve 3 and downstream piping/plumbing components).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by McIllwain with an inline oversized diameter tube in an interstitial space of plumbing system as taught by Daisuke as an art-recognized functionally equivalent substitute buffer tank yielding predictable results of storing fluid from pressure fluctuations.
McIllwain as modified fails to disclose claimed optimal ranges of plumbing lines and oversized tube. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use claimed optimal ranges of plumbing lines and oversized tube, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
As to claims 4-7, McIllwain as modified fails to disclose claimed materials for plumbing lines and oversized tube. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use claimed to have made plumbing lines and oversized tube in the device disclosed by McIllwain as modified using claimed materials since it has been held that selecting a particular known material is within the general skill of a worker in the art on the basis of its suitability for the intended as a material of obvious design choice use based upon particular application requirements.
As to claims 10 and 11, McIllwain as modified discloses oversized tube coupled to plumbing line but fails to disclose coupling as PEX heating or reduction fitting. However, Official Notice is taken that coupling using PEX heating or reduction fitting, for the purpose of joining tubular parts together are widely known and notoriously old in the art. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to employ coupling as PEX heating or reduction fitting in the device of McIllwain as modified for the purpose of joining tubular parts together as is widely known and notoriously old in the art.
As to claims 12,13,14, McIllwain, (Fig. 1), discloses hot water storage system integrated into a building interstitial space (Para 3), the hot water storage system comprising: a surge accumulator 130 having a first diameter; a first plumbing line diameter tube 120 coupled to and in fluid communication with the oversized diameter tube and a building hot water source 110, and a water supply device 180.
McIllwain fails to disclose surge accumulator 130 as an inline oversized diameter tube. Daisuke (Fig. 1) teaches surge accumulator 11 as an inline oversized diameter tube and positioned in an interstitial space (space between plumbing valve 3 and downstream piping/plumbing components).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by McIllwain with an inline oversized diameter tube in an interstitial space of plumbing system as taught by Daisuke as an art-recognized functionally equivalent substitute buffer tank yielding predictable results of storing fluid from pressure fluctuations. McIllwain as modified would have plumbing lines with second and third diameters at upstream and downstream of inline oversized diameter tube, which are smaller than first diameter of inline oversized diameter tube.
The recitation “stratified hot water storage system” is considered to be a name given the claimed device relative to its intended use. From M.P.E.P. §2111.02 (II): If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir.1999). If a prior art structure is capable of performing the intended use as recited in the preamble, then it meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed.Cir. 1997). As evidenced by the explanation given above, the claimed structure finds their equivalents in the reference(s) applied. As such the device of McIllwain as modified is readable as a “stratified hot water storage system”.
McIllwain as modified fails to disclose claimed optimal ranges of plumbing lines and oversized tube. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use claimed optimal ranges of plumbing lines and oversized tube, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
As to claims 16-18, McIllwain as modified fails to disclose claimed materials for plumbing lines and oversized tube. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use claimed to have made plumbing lines and oversized tube in the device disclosed by McIllwain as modified using claimed materials since it has been held that selecting a particular known material is within the general skill of a worker in the art on the basis of its suitability for the intended as a material of obvious design choice use based upon particular application requirements.
As to claim 20, in making and/or using the device of McIllwain, (Fig. 1), for providing hot water in a building, one would perform the steps of heating water in a building hot water supply 110 forming the hot water; providing the hot water to a surge accumulator 130, forming stored hot water in the oversized diameter tube; receiving a demand for the hot water; and meeting a least a portion of the demand for the hot water using the stored hot water in surge accumulator 130.
McIllwain fails to disclose surge accumulator 130 as an inline oversized diameter tube. Daisuke (Fig. 1) teaches surge accumulator 11 as an inline oversized diameter tube and positioned in an interstitial space (space between plumbing valve 3 and downstream piping/plumbing components).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by McIllwain with an inline oversized diameter tube in an interstitial space of plumbing system as taught by Daisuke as an art-recognized functionally equivalent substitute buffer tank yielding predictable results of storing fluid from pressure fluctuations.
Claim(s) 8, 9, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over McIllwain (20070170273) in view of Daisuke et al (JP H07332576 A), further in view of Coffman (6779552).
McIllwain as modified fails to disclose water outlet 180 as shower head or insulated hot water pipe or solar water heater.
Coffman (Fig. 4) teaches a building hot water system comprising water outlet 46 as shower head and insulated 54 hot water pipe 40 and solar water heater (col 6, line 55-60).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by McIllwain as modified with shower head and insulated hot water pipe and solar water heater as taught by Coffman as in order to provide hot water for showering and to prevent energy loss at pipes and to utilize solar heat for water heating cost savings.
Response to Arguments
Applicant's arguments filed 11/10/2025 have been fully considered but they are not persuasive.
Applicant’s arguments that “claimed range is critical … the interstitial spaces 20 comprise intermediate space located between floors 22, ceilings 24, walls and support beams 26, … oversized diameter tube is sized having a diameter ranging between about 3" and 6", is critical to fit within such interstitial spaces” are not persuasive since Daisuke (Fig. 1) teaches surge accumulator 11 as an inline oversized diameter tube and positioned in an interstitial space (space between plumbing valve 3 and downstream piping/plumbing components). Applicant has not claimed an interstitial space located between floors, ceilings, walls and support beams.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., interstitial space located between floors, ceilings, walls and support beams) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant’s arguments that “suggested combination of Mclllwain and Daisuke would not {teach} the claimed at least one oversized diameter tube positioned in an interstitial space and having a diameter ranging … ” are not persuasive since Daisuke (Fig. 1) teaches surge accumulator 11 as an inline oversized diameter tube and positioned in an interstitial space (space between plumbing valve 3 and downstream piping/plumbing components).
Applicant’s arguments that “the claimed range is critical in that the claimed range achieves the necessary results” are not persuasive since the alleged necessarily result of fitting in interstitial space is taught by Daisuke as explained above.
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 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 Atif Chaudry at phone number 571-270-3768. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Kenneth Rinehart can be reached at 571-272-4881, or Craig Schneider can be reached at 571-272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ATIF H CHAUDRY/Primary Examiner, Art Unit 3753