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 9 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 9 recites the limitation "the open side of the first send" in line 1 of the claim. There is insufficient antecedent basis for this limitation in the claim. Examiner notes that claim 6 recites an open side of the first end but claim 9 does not depend upon claim 6.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 7, 10-11, and 16-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Murphy (US 2023/0059762 A1).
Regarding claim 1, Murphy discloses a water heater appliance (Murphy 10) comprising:
A fluid inlet (see annotated figure) having an inlet retainer end (Murphy 140b);
A fluid outlet (see annotated figure) having an outlet retainer end (Murphy 140b, examiner notes that Murphy uses the same reference numerals for parts of the inlet and outlet); and
A bracket (Murphy 150) that engages the inlet retainer end and the outlet retainer end (Murphy [0039]), wherein a rotation torque exerted on a threaded fastener (Murphy 130a) of one of the fluid inlet and the fluid outlet is absorbed by the bracket (Murphy [0046]) and transferred from a torque receiving end (Murphy 150f) proximate to the threaded fastener and distributed through the bracket to a torque distributing portion (Murphy 150a) of the bracket. Examiner notes that the claim language does not require the bracket be a single piece and therefore both of Murphy’s torque carriers are being interpreted as a bracket to read upon the claim.
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Murphy figure 5 (annotated)
Regarding claim 2, Murphy as applied to claim 1 further discloses a top cover (Murphy 45) that is disposed on an outer housing (Murphy 40), wherein the fluid inlet and the fluid outlet extend through the top cover (see Murphy figure 5), and wherein the bracket (Murphy 150) is attached to the top cover (see Murphy figure 5).
Regarding claim 3, Murphy as applied to claim 2 further discloses the torque distributing portion (Murphy 150a) is attached to the top cover (see Murphy figure 4).
Regarding claim 7, Murphy as applied to claim 3 further discloses the torque distributing portion (Murphy 150a) is offset from the first and second ends (upper ends of Murphy 150b, see Murphy figure 5).
Regarding claim 10, Murphy as applied to claim 3 further discloses the rotational torque is distributed to the torque distributing portion (Murphy 150a) and into the top cover (Murphy 45) via the bracket and the top cover (Murphy [0046]).
Regarding claim 11, Murphy discloses a water heating appliance (Murphy 10) comprising:
A fluid inlet (see annotated figure) having a first flexible conduit (Murphy 140) and an inlet retainer end (Murphy 140b);
A fluid outlet (see annotated figure) having a second flexible conduit (Murphy 140, Examiner notes that Murphy uses the same reference numerals for both inlet and outlet components, see figure 5) and an outlet retainer end (Murphy 140b, Examiner notes that Murphy uses the same reference numerals for both inlet and outlet components, see figure 5);
An outer enclosure (Murphy 40) having a top cover (Murphy 45) through which the first flexible conduit and the second flexible conduit extend (see Murphy figure 4); and
a bracket (Murphy 150) that engages the inlet retainer end and the outlet retainer end (Murphy [0039]), wherein a rotation torque exerted on a threaded fastener (Murphy 130a) of one of the fluid inlet and the fluid outlet is absorbed by the bracket (Murphy [0046]) and transferred from a torque receiving end (Murphy 150f) proximate to the threaded fastener and distributed through the bracket to a torque distributing portion (Murphy 150a) of the bracket, wherein the torque distributing portion is attached to the top cover (see Murphy figure 4). Examiner notes that the claim language does not require the bracket be a single piece and therefore both of Murphy’s torque carriers are being interpreted as a bracket to read upon the claim.
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Murphy figure 5 (annotated)
Regarding claim 16, Murphy as applied to claim 11 further discloses the rotational torque is distributed to the torque distributing portion (Murphy 150a) and into the top cover (Murphy 45) via the bracket and the top cover (Murphy [0046]).
Regarding claim 17, Murphy discloses a water heating appliance (Murphy 10) comprising:
A flexible fluid inlet (see annotated figure) having a first flexible conduit (Murphy 140) and an inlet retainer end (Murphy 140b);
A fluid outlet (see annotated figure) having a second flexible conduit (Murphy 140, Examiner notes that Murphy uses the same reference numerals for both inlet and outlet components, see figure 5) and an outlet retainer end (Murphy 140b, Examiner notes that Murphy uses the same reference numerals for both inlet and outlet components, see figure 5);
An outer enclosure (Murphy 40) having a top cover (Murphy 45) through which the flexible inlet and the second flexible conduit extend (see Murphy figure 4); and
a bracket (Murphy 150) that engages the inlet retainer end and the outlet retainer end (Murphy 150), wherein the top cover and the bracket cooperate with the inlet retainer end and the outlet retainer end to maintain a position of the flexible fluid inlet and the flexible fluid outlet (Murphy [0045]), wherein a rotational torque exerted on a threaded fastener of one of the flexible fluid inlet and the flexible fluid outlet is absorbed by the bracket and transferred from a torque receiving end of the bracket (Murphy 150f) proximate the threaded fastener and distributed through the bracket to a torque distributing portion of the bracket (Murphy 150a), wherein the torque distributing portion is attached to the top cover (see Murphy figure 4).
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Murphy figure 5 (annotated)
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) 4-6 and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murphy (US 2023/0059762 A1) as applied to claim 1 above.
Regarding claim 4, Murphy as applied to claim 1 teaches the bracket (Murphy 150) includes a first end (Murphy 150f) that engages the inlet retainer end (Murphy 140b) and a second end (Murphy 150f, Examiner notes that Murphy uses the same reference numerals for both inlet and outlet components, see figure 5) that engages the outlet retainer end (see Murphy figure 5).
Murphy as applied to claim 1 is silent regarding the torque distributing portion extending between the first end and the second end.
However, a court has held that use of one piece construction instead of separate parts is a matter of obvious choice (see MPEP § 2144.04 V B).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Murphy’s separate bracket parts into a single continuous bracket with a single torque distributing portion extending between the inlet and the outlet to produce a predictable result of securing the inlet end and the outlet end while reducing the number of components to simplify assembly of the water heating appliance.
Regarding claim 5, Murphy as applied to claim 4 teaches that the first and second end (Murphy 150f) each include a respective faceted edge (see Murphy figure 6-8) that matingly engages the inlet retainer end and the outlet retainer end respectively (see Murphy figure 6).
Regarding claim 6, Murphy as applied to claim 4 further teaches the first end and the second end each includes an open side (bottom side of bracket, see Murphy figure 8) through which the inlet retainer end and the outlet retainer end (Murphy 140b) can be slidable engaged with the respective faceted edge of the first end and the second end.
Regarding claim 8, Murphy as applied to claim 4 further teaches the fluid inlet and the fluid outlet are each defined by a flexible conduit (Murphy 140), and wherein the inlet retainer end and the outlet retainer end are each defined by a hexagonal fastening bolt (see Murphy figure 5), each hexagonal bolt having a point-to-point width and a face-to-face width (see Murphy figure 5).
Regarding claim 9, Murphy as applied to claim 8 further teaches the first end and the second end each includes an open side (bottom side of bracket, see Murphy figure 8) through which the inlet retainer end and the outlet retainer end (Murphy 140b) can be slidable engaged with the respective faceted edge of the first end and the second end and that the width of the open side of the first end corresponds to the face-to-face width of the hexagonal fastening bolt (see Murphy figure 6 where the fastening bolt and open side are engaged).
Claim(s) 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murphy (US 2023/0059762 A1) as applied to claim 11 above.
Regarding claim 12, Murphy as applied to claim 11 teaches the bracket (Murphy 150) includes a first end (Murphy 150f) that engages the inlet retainer end (Murphy 140b) and a second end (Murphy 150f, Examiner notes that Murphy uses the same reference numerals for both inlet and outlet components, see figure 5) that engages the outlet retainer end (see Murphy figure 5).
Murphy as applied to claim 11 is silent regarding the torque distributing portion extending between the first end and the second end.
However, a court has held that use of one piece construction instead of separate parts is a matter of obvious choice (see MPEP § 2144.04 V B).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Murphy’s separate bracket parts into a single continuous bracket with a single torque distributing portion extending between the inlet and the outlet to produce a predictable result of securing the inlet end and the outlet end while reducing the number of components to simplify assembly of the water heating appliance.
Regarding claim 13, Murphy as applied to claim 12 teaches that the first and second end (Murphy 150f) each include a respective faceted edge (see Murphy figure 6-8) that matingly engages the inlet retainer end and the outlet retainer end respectively (see Murphy figure 6) and the first end and the second end each includes an open side (bottom side of bracket, see Murphy figure 8) through which the inlet retainer end and the outlet retainer end (Murphy 140b) can be slidable engaged with the respective faceted edge of the first end and the second end.
Regarding claim 14, Murphy as applied to claim 13 further discloses the torque distributing portion (Murphy 150a) is offset from the first and second ends (upper ends of Murphy 150b, see Murphy figure 5).
Regarding claim 15, Murphy as applied to claim 13 further teaches the inlet retainer end and the outlet retainer end are each defined by a hexagonal fastening bolt (see Murphy figure 5) and the width of the open side of the first end corresponds to the face-to-face width of the hexagonal fastening bolt (see Murphy figure 6 where the fastening bolt and open side are engaged).
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murphy (US 2023/0059762 A1) as applied to claim 17 above, and further in view of Hutchinson et al. (US 2025/0027680 A1).
Regarding claim 18, Murphy as applied to claim 17 is silent regarding the top cover including a first and second top panel.
However, Hutchinson teaches a water heating appliance (Hutchinson 100) comprising a top cover (Hutchinson 122) that comprises a first top panel (Hutchinson 210) and a second top panel (Hutchinson 212) that are selectively separable (Hutchinson [0042], Examiner notes that Hutchinson teaches the two top panels can be coupled together and therefore they can also be separated).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Murphy’s water heating appliance by incorporating Hutchinson’s teachings of using two separable top panels to produce a predictable result of reducing the weight of the top cover making installation and removal of the cover easier. Examiner notes that Murphy already teaches the bracket being attached to the top cover and that therefore when Murphy is modified with Hutchinson’s teachings the bracket will still be attached to at least one of the two top panel pieces.
Regarding claim 19, Murphy and Hutchinson as applied to claim 18 further teach the flexible fluid inlet and fluid outlet extend through the top panel at the dividing edge defined between the first and second top panel (see Hutchinson figure 3).
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Hutchinson figure 3 (annotated)
Regarding claim 20, Murphy and Hutchinson as applied to claim 19 teach the bracket (Murphy 150) includes a faceted first end (Murphy 150f) that engages the inlet retainer end (Murphy 140b) and a faceted second end (Murphy 150f, Examiner notes that Murphy uses the same reference numerals for both inlet and outlet components, see figure 5) that engages the outlet retainer end (see Murphy figure 5).
Murphy as applied to claim 11 is silent regarding the torque distributing portion extending between the first faceted end and the second faceted end.
However, a court has held that use of one piece construction instead of separate parts is a matter of obvious choice (see MPEP § 2144.04 V B).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Murphy’s separate bracket parts into a single continuous bracket with a single torque distributing portion extending between the inlet and the outlet to produce a predictable result of securing the inlet end and the outlet end while reducing the number of components to simplify assembly of the water heating appliance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES R BRAWNER whose telephone number is (571)272-0228. The examiner can normally be reached Monday - Friday 8:00am - 4:30pm EST.
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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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/CHARLES R BRAWNER/Examiner, Art Unit 3762
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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