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 .
Information Disclosure Statement
The information disclosure statement filed 2/3/26 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Heating system in claims 1 and 18, modified by the functional language of “… that operates to heat a fluid that is received via the fluid inlet to define a heated fluid that is delivered to an external fixture”, while not modified by sufficient structure, material, or acts for performing the claimed function.
The Applicant’s PGPUB describes the heating system in in para. 38, “the heating system 12, typically in the form of a heat pump system 60” where para. 42 further details the heat pump system 60. Therefore, the claimed heating system is being interpreted to cover the corresponding structure in the specification, i.e. a heat pump system, and equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, claim 7’s “wherein the first top panel includes a first vent aperture that at least partially defines an air inlet.” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Examiner Note: It appears the claim may have been intended to recite “wherein the first top panel includes a first vent aperture that at least partially defines an air outlet.”, see for example para. 42 of the PGPUB and fig. 1.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 8 is 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.
Regarding claim 8. The claim recites, “… wherein the second top panel includes a second vent aperture …” it is unclear if this claim requires an additional first vent aperture based on the claim language to a second vent aperture.
For the purpose of substantive examination, Examiner will consider claim 8 as only requiring one vent aperture.
Examiner Note: It appears claim 8 may have been intended as dependent upon claim 7, thereby reciting substantially similar rationale as claim 15, see also drawing objection for claim 7 and relevant interpretation above.
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.
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) 1-4 and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 8991638 B2 to Nelson in view of the attached NPL to Bradford White, Heat Pump Water Heater Installation & Operation Instruction Manual, Effective: Feb 2022, see p. 1.
Regarding claim 1. Nelson teaches a water heating appliance (figs. 1-2) comprising:
a fluid inlet (inlet port 106) and a fluid outlet (outlet port 104);
a heating system (fig. 2, see components of heat pump, consistent with interpretation under 112(f) above) that operates to heat a fluid that is received via the fluid inlet to define a heated fluid that is delivered to an external fixture (the system is directed to a water heater, i.e. water is received in the inlet 106 and heated water is removed from the outlet 104, where the water is heated by the heat pump, see fig. 2);
a plurality of wall panels (shroud 110 with first part 111 and second part 112, see fig. 2) that cooperate to selectively define a perimeter wall (shroud) that extends around at least a portion of the heating system (col. 1 ll. 15-25, “Water heaters including heat pump water heaters (HPWHs) are typically covered with a shroud. The shroud covers a top portion of the water heater, which may include covering elements of a water heater such as an evaporator, a compressor, control circuitry, inlet and outlet pipes, etc. Shrouds may also include a filter.”);
a first top panel (second part 112, in particular the top portion of the part, see annotated figure below) having a seat that partially defines a dividing edge (col. 4 l. 60 – col. 5 l. 5, “As shown in FIGS. 1 and 2, an embodiment of the shroud 110 has a first part 111 and a corresponding second (or rear) part 112, which join together along seam 140 using one or more tabs and/or fasteners. The seam 140 may continue from the sides and across the top of the shroud 110, and may follow proximate the inlet/outlet ports so that one or both subassemblies (or parts) 111, 112 of the shroud 110 can be fully removed after installation, without disconnecting any plumbing.”); and
a second top panel (first part 111, in particular the top portion of the part, see annotated figure below), wherein
the second top panel includes a mount that further defines the dividing edge (fig. 3, see portions for fasteners along top edge of first part 111), the mount configured to selectively engage the seat to define an enclosed position of the first top panel and the second top panel, wherein the seat extends below the mount (col. 5 ll. 30-40, “The second part 112 has one or more tabs 114 along its central top edge, and/or one or more tabs 113 disposed along its central side edges. The tabs 113 have one or more slots 117 formed therein. These slots 117 are configured to engage one or more corresponding tapered tabs 118 that project from the first part 111. Insertion of the tapered tabs 118 (FIG. 3) into the slots 117, draws the two parts 111 and 112 together.”);
the dividing edge defines a cutout portion through which the fluid inlet and the fluid outlet pass through the first top panel and the second top panel in the enclosed position (figs. 1-3, and described on col. 5 ll. 1-5, “In some embodiments, the seam 140 is positioned near the line connecting the outlet port 104 and inlet port 106 of the water heater 100.” See also col. 5 ll. 20-30); and
the second top panel is separable from the first top panel (cols. 4-5, “The seam 140 may continue from the sides and across the top of the shroud 110, and may follow proximate the inlet/outlet ports so that one or both subassemblies (or parts) 111, 112 of the shroud 110 can be fully removed after installation, without disconnecting any plumbing.” Since the parts of the shroud can be removed after installation, the first part 111 is separable from the second part 112) to define a minor access aperture for accessing at least the heating system (fig. 2, when the first part 111 is removed, the components of the heat pump assembly would be accessible).
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But fails to teach wherein the first top panel is selectively attached to at least a first wall panel of the plurality of wall panels;
a second top panel that is selectively disposed on at least a second wall panel of the plurality of wall panels; and
the second top panel is separable from the plurality of wall panels.
Bradford White teaches a second top panel (illustration A, front top cover) that is selectively disposed on at least a second wall panel of the plurality of wall panels (the front top cover is shown to be removable from the wall panels); and
the second top panel is separable from the plurality of wall panels (illustration A shows the front top cover being removed from the wall panels).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Nelson to implement suitably removable top covers, as shown in Bradford White. This would provide the predictable result and benefit of allowing for maintenance procedures, as suggested by Bradford White with reference to servicing the anode rod, see p. 25
Regarding the claim limitation to wherein the first top panel is selectively attached to at least a first wall panel of the plurality of wall panels, it is the Examiner’s position that making the first top panel of Nelson to also be removable, similar to the suitable front top cover in Bradford White, would have been obvious to one of ordinary skill in the art, see MPEP 2144.04 V. C, to allow for maintenance of components underneath the first top panel.
Regarding claim 2. Modified Nelson teaches the water heating appliance of claim 1, wherein the second top panel is configured to engage the fluid inlet and the fluid outlet (fig. 3, and described on col. 6 ll. 5-15, “Third, the top of the second part 112 can be removably coupled with the evaporator assembly or other structural members within the water heater assembly such as the outlet/inlet extension pipes 104/106.”).
Regarding claim 3. Modified Nelson teaches the water heating appliance of claim 1, wherein the cutout portion of the dividing edge is defined within the second top panel (figs. 2-3, the cutout portion of the dividing edge can be seen on the second top panel of Nelson 111).
Regarding claim 4. Modified Nelson teaches the water heating appliance of claim 1, wherein the mount of the second top panel is selectively attached to the seat of the first top panel via fasteners (Bradford White shows fasteners to attach the removable second top panel, i.e. front top cover, to the first top panel of Nelson, see illustration A of Bradford White).
Regarding claim 8. Modified Nelson teaches the water heating appliance of claim 1, wherein the second top panel includes a second vent aperture that at least partially defines an air inlet (Nelson col. 5 ll. 45-50, “As further shown in FIGS. 1, 2 and 3, the shroud 110 has an airflow path that flows in the top of the shroud 110 through the filter 122 and out through the venting 115 at the rear”).
Regarding claim 9. Modified Nelson teaches the water heating appliance of claim 1, wherein the second top panel in the enclosed position prevents removal of the first top panel from the plurality of wall panels (In modified Nelson, the second top panel being in the enclosed position means it is fastened to the first top panel; therefore, the first top panel could not be removed in this state).
Claim(s) 5-7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nelson in view of Bradford White as applied to claim 1 above, and further in view of WO 2024252884 A1 to Senn.
Regarding claim 5. Modified Nelson teaches the water heating appliance of claim 1, further comprising:
wherein the heating system is a heat pump system (The heating system of Nelson is understood to be a heat pump, see col. 1 ll. 15-25, “Water heaters including heat pump water heaters (HPWHs) are typically covered with a shroud. The shroud covers a top portion of the water heater, which may include covering elements of a water heater such as an evaporator, a compressor, control circuitry, inlet and outlet pipes, etc. Shrouds may also include a filter.”)
But fails to teach a blower that is in thermal communication with the heating system and wherein the first top panel is positioned above the blower.
Senn teaches a blower (fig. 22a, centrifugal fan) that is in thermal communication with the heating system (air flow through evaporator).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the device of Nelson to implement a suitable fan arrangement, as taught by Senn. This would provide the predictable result and benefit of suitably allowing for a ducted arrangement, as suggested by Senn in paras. 196-197.
With such an arrangement, the first top panel 112 of Nelson would be located above the suitable fan of Senn, see in particular location of the evaporator assembly 130 in Nelson fig. 2.
Regarding claim 10. Modified Nelson teaches the water heating appliance of claim 5, wherein the blower is accessible through a major access aperture that is defined by the plurality of wall panels with the first top panel and the second top panel removed (in modified Nelson, when the first and second top panels 111, 112 are removed, the suitable blower of Senn would be accessible).
Regarding claim 6. Modified Nelson teaches the water heating appliance of claim 1,
But fails to teach wherein the first top panel defines an air outlet that is engaged with a blower outlet of a blower.
Senn teaches a top panel having an air outlet engaged with a blower outlet of a blower (figs. 21a and 22b, described in para. 196, “In some cases, the inlet and outlet may instead be arranged on the upper surface 221 and or the side wall 205. The evaporator 280a is planar and may be similar to the side venting heat pump. The outlet is shown at the upper surface 221 of the heat pump the opposite side of the evaporator from the inlet.”).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the device of Nelson to have the inlet and outlet located on the top panels, as taught by Senn. This would provide the predictable result and benefit of allowing for a ducted arrangement, as suggested by Senn in para. 196
Regarding claim 7. Modified Nelson teaches the water heating appliance of claim 1,
But fails to teach wherein the first top panel includes a first vent aperture that at least partially defines an air inlet.
Senn teaches a top panel having a first vent aperture that at least partially defines an air inlet (figs. 21a and 22b, described in para. 196, “In some cases, the inlet and outlet may instead be arranged on the upper surface 221 and or the side wall 205. The evaporator 280a is planar and may be similar to the side venting heat pump. The outlet is shown at the upper surface 221 of the heat pump the opposite side of the evaporator from the inlet.”).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the device of Nelson to have the inlet and outlet located on the top panels, as taught by Senn. This would provide the predictable result and benefit of allowing for a ducted arrangement, as suggested by Senn in para. 196.
With such an arrangement, it would have been obvious to rearrange the inlet and outlet locations of Nelson such that the inlet is located on the first top panel 112; this would be done by either reversing the first and second top panels or rotating the heat pump assembly within the housing. As per MPEP 2144.04 VI.C, it has been held that rearranging parts of an invention (i.e. rearranging the location of the inlet and outlets in a suitable manner) involves only routine skill in the art (In re Japiske, 86 USPQ 70), and rearranging modified Nelson’s inlet in the manner set forth above, would not have modified the operation of Nelson’s apparatus in any meaningful way, i.e. ambient air would ultimately flow through the heat pump in its intended manner within a suitably connected shroud.
Examiner Note: As noted in the drawing objection above, this claim may have been intended to recite “… defines an air outlet.”
Claim(s) 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nelson in view of Senn and Bradford White.
Regarding claim 11. Nelson teaches a water heating appliance comprising:
a fluid inlet (inlet port 106) and a fluid outlet (outlet port 104);
a heat pump system (fig. 2, see components of heat pump) that operates to heat a fluid that is received via the fluid inlet to define a heated fluid that is delivered to an external fixture (the system is directed to a water heater, i.e. water is received in the inlet 106 and heated water is removed from the outlet 104, where the water is heated by the heat pump, see fig. 2);
a perimeter wall that extends around at least a portion of the heat pump system (shroud 110 with first part 111 and second part 112 that extend around the entire heat pump system and associated components, see fig. 2);
a first top panel (second part 112, in particular the top portion of the part, see annotated figure below) having a seat that partially defines a dividing edge (col. 4 l. 60 – col. 5 l. 5, “As shown in FIGS. 1 and 2, an embodiment of the shroud 110 has a first part 111 and a corresponding second (or rear) part 112, which join together along seam 140 using one or more tabs and/or fasteners. The seam 140 may continue from the sides and across the top of the shroud 110, and may follow proximate the inlet/outlet ports so that one or both subassemblies (or parts) 111, 112 of the shroud 110 can be fully removed after installation, without disconnecting any plumbing.”); and
a second top panel (first part 111, in particular the top portion of the part, see annotated figure below), wherein
the second top panel includes a mount that further defines the dividing edge (fig. 3, see portions for fasteners along top edge of first part 111), the mount configured to selectively attach to the seat via fasteners to define an enclosed position of the first top panel and the second top panel, wherein the seat extends below the mount (col. 5 ll. 30-40, “The second part 112 has one or more tabs 114 along its central top edge, and/or one or more tabs 113 disposed along its central side edges. The tabs 113 have one or more slots 117 formed therein. These slots 117 are configured to engage one or more corresponding tapered tabs 118 that project from the first part 111. Insertion of the tapered tabs 118 (FIG. 3) into the slots 117, draws the two parts 111 and 112 together.” Where col. 2 ll. 15-20 describes the use of fasteners, “securing a top edge of the second part of the shroud with a top edge of the first part of the shroud along a seam with a second set of one or more fasteners”);
the dividing edge defines a cutout portion through which the fluid inlet and the fluid outlet pass through the first top panel and the second top panel in the enclosed position (figs. 1-3, and described on col. 5 ll. 1-5, “In some embodiments, the seam 140 is positioned near the line connecting the outlet port 104 and inlet port 106 of the water heater 100.” See also col. 5 ll. 20-30); and
the second top panel is separable from the first top panel (cols. 4-5, “The seam 140 may continue from the sides and across the top of the shroud 110, and may follow proximate the inlet/outlet ports so that one or both subassemblies (or parts) 111, 112 of the shroud 110 can be fully removed after installation, without disconnecting any plumbing.” Since the parts of the shroud can be removed after installation, the first part 111 is separable from the second part 112) to define a minor access aperture for accessing at least the heat pump system (fig. 2, when the first part 111 is removed, the components of the heat pump assembly would be accessible).
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But fails to teach a blower in thermal communication with the heat pump system;
wherein the first top panel is selectively attached to the perimeter wall and the blower;
a second top panel that is selectively disposed on at least a second wall panel of a plurality of wall panels; and
the second top panel is separable from the plurality of wall panels.
Senn teaches a blower (fig. 22a, centrifugal fan) in thermal communication with the heat pump system (air flow through evaporator).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Nelson to implement a suitable fan arrangement, as taught by Senn. This would provide the predictable result and benefit of suitably allowing for a ducted arrangement, as suggested by Senn in paras. 196-197.
Bradford White teaches a second top panel (illustration A, front top cover) that is selectively disposed on at least a second wall panel of the plurality of wall panels (the front top cover is shown to be removable from the wall panels); and
the second top panel is separable from the plurality of wall panels (illustration A shows the front top cover being removed from the wall panels).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Nelson to implement suitably removable top covers, as shown in Bradford White. This would provide the predictable result and benefit of allowing for maintenance procedures, as suggested by Bradford White with reference to servicing the anode rod, see p. 25
Regarding the claim limitation to wherein the first top panel is selectively attached to the perimeter wall and the blower, it is the Examiner’s position that making the first top panel of Nelson to also be removable, similar to the suitable front top cover in Bradford White, would have been obvious to one of ordinary skill in the art, see MPEP 2144.04 V. C, to allow for maintenance of components underneath the first top panel. Further, the suitable fan of Senn is attached to the top panel, see fig. 22b.
Regarding claim 12. Modified Nelson teaches the water heating appliance of claim 11, wherein the second top panel is configured to partially surround and engage the fluid inlet and the fluid outlet (fig. 3, and described on col. 6 ll. 5-15, “Third, the top of the second part 112 can be removably coupled with the evaporator assembly or other structural members within the water heater assembly such as the outlet/inlet extension pipes 104/106.”).
Regarding claim 13. Modified Nelson teaches the water heating appliance of claim 11, wherein the cutout portion of the dividing edge is partially defined by the first top panel (Nelson fig. 2, the cutout portion of the dividing edge is partially defined by the first top panel 112, i.e. the first top panel 112 at least partially surrounds the pipes 104 106).
Regarding claim 14. Modified Nelson teaches the water heating appliance of claim 11,
But fails to teach wherein the first top panel partially defines an air outlet that is engaged with a blower outlet of the blower.
Senn further teaches wherein the first top panel partially defines an air outlet that is engaged with a blower outlet of the blower (Senn figs. 21a and 22b, described in para. 196, “In some cases, the inlet and outlet may instead be arranged on the upper surface 221 and or the side wall 205. The evaporator 280a is planar and may be similar to the side venting heat pump. The outlet is shown at the upper surface 221 of the heat pump the opposite side of the evaporator from the inlet.”).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the device of Nelson to have the inlet and outlet located on the top panels, as taught by Senn. This would provide the same predictable result and benefit of further allowing for a ducted arrangement, as suggested by Senn in para. 196
Regarding claim 15. Modified Nelson teaches the water heating appliance of claim 11,
wherein the second top panel includes a second vent aperture that at least partially defines an air inlet (Nelson col. 5 ll. 45-50, “As further shown in FIGS. 1, 2 and 3, the shroud 110 has an airflow path that flows in the top of the shroud 110 through the filter 122 and out through the venting 115 at the rear”).
But fails to teach wherein the first top panel includes a first vent aperture that at least partially defines an air outlet.
Senn further teaches a top panel having a first vent aperture that at least partially defines an air outlet (figs. 21a and 22b, described in para. 196, “In some cases, the inlet and outlet may instead be arranged on the upper surface 221 and or the side wall 205. The evaporator 280a is planar and may be similar to the side venting heat pump. The outlet is shown at the upper surface 221 of the heat pump the opposite side of the evaporator from the inlet.”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the device of Nelson to have the inlet and outlet located on the top panels, as taught by Senn. This would provide the predictable result and benefit of allowing for a ducted arrangement, as suggested by Senn in para. 196
Regarding claim 16. Modified Nelson teaches the water heating appliance of claim 11, wherein the second top panel in the enclosed position prevents removal of the first top panel from the plurality of wall panels (In modified Nelson, the second top panel being in the enclosed position means it is fastened to the first top panel; therefore, the first top panel could not be removed in this state).
Regarding claim 17. Modified Nelson teaches the water heating appliance of claim 11, wherein the blower is accessible through a major access aperture that is defined by the plurality of wall panels with the first top panel and the second top panel removed (in modified Nelson, when the first and second top panels 111, 112 are removed, the suitable blower of Senn would be accessible).
Regarding claim 18. Nelson teaches a water heating appliance comprising:
a fluid inlet (inlet port 106) and a fluid outlet (outlet port 104);
a heating system (fig. 2, see components of heat pump, consistent with interpretation under 112(f) above) that operates to heat a fluid that is received via the fluid inlet to define a heated fluid that is delivered to an external fixture (the system is directed to a water heater, i.e. water is received in the inlet 106 and heated water is removed from the outlet 104, where the water is heated by the heat pump, see fig. 2);
a plurality of wall panels (shroud 110 with first part 111 and second part 112, see fig. 2) that cooperate to surround a portion of the heating system (col. 1 ll. 15-25, “Water heaters including heat pump water heaters (HPWHs) are typically covered with a shroud. The shroud covers a top portion of the water heater, which may include covering elements of a water heater such as an evaporator, a compressor, control circuitry, inlet and outlet pipes, etc. Shrouds may also include a filter.” Where any additional component such as a blower, see modification by Senn, would also be surrounded by the shroud);
a first top panel (second part 112, in particular the top portion of the part, see annotated figure below) having a seat (col. 4 l. 60 – col. 5 l. 5, “As shown in FIGS. 1 and 2, an embodiment of the shroud 110 has a first part 111 and a corresponding second (or rear) part 112, which join together along seam 140 using one or more tabs and/or fasteners. The seam 140 may continue from the sides and across the top of the shroud 110, and may follow proximate the inlet/outlet ports so that one or both subassemblies (or parts) 111, 112 of the shroud 110 can be fully removed after installation, without disconnecting any plumbing.”); and
a second top panel (first part 111, in particular the top portion of the part, see annotated figure below) having a mount that is selectively disposed on the seat (col. 5 ll. 30-40, “The second part 112 has one or more tabs 114 along its central top edge, and/or one or more tabs 113 disposed along its central side edges. The tabs 113 have one or more slots 117 formed therein. These slots 117 are configured to engage one or more corresponding tapered tabs 118 that project from the first part 111. Insertion of the tapered tabs 118 (FIG. 3) into the slots 117, draws the two parts 111 and 112 together.”),
wherein the seat and the mount define a dividing edge in the enclosed position (seam 140), the dividing edge forming a first cutout that receives the fluid inlet and a second cutout that receives the fluid outlet (figs. 1-3, and described on col. 5 ll. 1-5, “In some embodiments, the seam 140 is positioned near the line connecting the outlet port 104 and inlet port 106 of the water heater 100.” See also col. 5 ll. 20-30), the first and second cutouts being located within interrupted portions of the seat and the mount (fig. 3); and
the second top panel is separable from the first top panel (cols. 4-5, “The seam 140 may continue from the sides and across the top of the shroud 110, and may follow proximate the inlet/outlet ports so that one or both subassemblies (or parts) 111, 112 of the shroud 110 can be fully removed after installation, without disconnecting any plumbing.” Since the parts of the shroud can be removed after installation, the first part 111 is separable from the second part 112) and the plurality of wall panels to define a minor access aperture for accessing at least the heating system (fig. 2, when the first part 111 is removed, the components of the heat pump assembly would be accessible).
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But fails to teach a blower in thermal communication with the heating system;
wherein the first top panel is selectively attached to the plurality of wall panels;
a second top panel attached to the plurality of wall panels to define an enclosed position;
the second top panel is separable from the plurality of wall panels
the blower is accessible through a major access aperture that is defined by the plurality of wall panels with the first top panel and the second top panel removed.
Senn teaches a blower (fig. 22a, centrifugal fan) in thermal communication with the heating system (air flow through evaporator).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Nelson to implement a suitable fan arrangement, as taught by Senn. This would provide the predictable result and benefit of suitably allowing for a ducted arrangement, as suggested by Senn in paras. 196-197.
Bradford White teaches a second top panel (illustration A, front top cover) attached to the plurality of wall panels to define an enclosed position (the front top cover is shown to be removable from the wall panels, where it would define an enclosed position when attached); and
the second top panel is separable from the plurality of wall panels (illustration A shows the front top cover being removed from the wall panels).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Nelson to implement suitably removable top covers, as shown in Bradford White. This would provide the predictable result and benefit of allowing for maintenance procedures, as suggested by Bradford White with reference to servicing the anode rod, see p. 25
Regarding the claim limitation to wherein the first top panel is selectively attached to the plurality of wall panels, it is the Examiner’s position that making the first top panel of Nelson to also be removable, similar to the suitable front top cover in Bradford White, would have been obvious to one of ordinary skill in the art, see MPEP 2144.04 V. C, to allow for maintenance of components underneath the first top panel.
Finally, regarding the limitation to the blower is accessible through a major access aperture that is defined by the plurality of wall panels with the first top panel and the second top panel removed, this is taught by modified Nelson (in modified Nelson, when the first and second top panels 111, 112 are removed, the suitable blower of Senn would be accessible).
Regarding claim 19. Modified Nelson teaches the water heating appliance of claim 18, wherein the first cutout and the second cutout are partially defined within the first top panel (Nelson fig. 2, the cutout portion of the dividing edge is partially defined by the first top panel 112, i.e. the first top panel 112 at least partially surrounds the pipes 104 106; see in particular the cutout in tabs 114 seen in fig. 2).
Regarding claim 20. Modified Nelson teaches the water heating appliance of claim 18, wherein the mount of the second top panel is selectively attached to the seat of the first top panel via fasteners (Nelson col. 2 ll. 15-20 describes the use of fasteners, “securing a top edge of the second part of the shroud with a top edge of the first part of the shroud along a seam with a second set of one or more fasteners”).
Conclusion
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/KURT J WOLFORD/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
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