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 21 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.
The term “generally” in claim 21 is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
Claims 1-5, 8-12, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 3,594,063 A (herein “Smillie”).
Regarding independent claim 1.
Smillie discloses a heat exchanger (Figs. 1 and 7; 10/76) comprising: a panel capable of of being disposed within a shower environment (shown in Fig. 1), and including:
an inlet (58/88 capable of being the inlet);
an outlet (56/86 capable of being the outlet) positioned vertically above the inlet (56 can be oriented/positioned above 58); and
a plurality of flow channels (46/94) fluidly coupling the inlet with the outlet;
wherein the panel is configured to be capable of condensing steam to heat a fluid flowing through the plurality of flow channels (dependent upon the environment the heat exchanger is used in and the relative temperature of the fluid within the heat exchanger).
Regarding claim 2.
Smillie discloses the heat exchanger of claim 1, which is capable of being used in a shower environment including a sidewall and a floor defining an interior volume of the shower environment, and wherein the panel is disposed along the sidewall within the interior volume.
Regarding claim 3.
Smillie discloses the heat exchanger of claim 2, wherein the panel is configured to be capable of vertical placement along a sidewall and proximate a floor of a shower environment.
Regarding claim 4.
Smillie discloses the heat exchanger of claim 3, wherein the heat exchanger can be used in a shower environment that includes a fixture configured to direct the fluid to the interior volume, and wherein the outlet is capable of being fluidly coupled with said fixture.
Regarding claim 5.
Smillie discloses the heat exchanger of claim 1, wherein the plurality of flow channels extends between opposing edges of the panel along a height of the panel (shown in Fig. 2).
Regarding claim 8.
Smillie discloses the heat exchanger of claim 1, which is capable of having steam contact an outer surface (surface 16) of the plurality of flow channels, and wherein the panel is configured to be capable of transferring thermal energy from the steam contacting the outer surface of the plurality of flow channels to the fluid flowing through the plurality of flow channels, thereby heating the fluid (inherent function of a heat exchanger).
Regarding claim 9.
Smillie discloses the heat exchanger of claim 8, wherein the inlet is configured such that it is capable of receiving a supply of fluid at a first temperature, and wherein the outlet is configured such that it is capable of supplying the fluid at a second temperature greater than the first temperature.
Regarding claim 10.
Smillie discloses the heat exchanger of claim 9, which is capable of a first temperature of about 55 degrees Fahrenheit, and a second temperature of about 80 degrees Fahrenheit.
Regarding claim 11.
Smillie discloses the heat exchanger of claim 1, further comprising a back plate configured to selectively couple with the panel (Fig. 11; clips 122 allow selective coupling of the back plate).
Regarding claim 12.
Smillie discloses the heat exchanger of claim 11, wherein the back plate is configured to enclose the plurality of flow channels (shown in Figs. 3 and 11).
Regarding claim 21.
Smillie discloses the heat exchanger of claim 1, wherein the fluid can flow through the plurality of flow channels in a generally upward direction (functional limitation – the heat exchanger of Smillie can be oriented and used such that fluid flows from the inlet to the outlet in a generally upward direction).
Note – Apparatus claims cover what a device is, not what a device does... a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. MPEP 2114.
Claims 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 215637515 U (herein “Tian”).
Regarding independent claim 18.
Tian discloses a shower environment (Fig. 1) comprising:
a sidewall (sidewall that the heat exchanger is located on);
a floor (at the bottom of the sidewall);
an interior volume defined by the sidewall and the floor;
a fixture (shower nozzle at top of Fig. 1) configured to direct a fluid to the interior volume; and
a heat exchanger (at 2) including a panel disposed along the sidewall within the interior volume, the panel including:
an inlet (at 1) configured to receive a supply of the fluid at a first temperature;
an outlet (at 9) fluidly coupled with the fixture and configured to supply the fluid at a second temperature; and
a plurality of flow channels (22) fluidly coupling the inlet with the outlet;
wherein the panel is configured such that it is capable of condensing steam to heat fluid flowing through the plurality of flow channels such that the second temperature is greater than the first temperature.
Regarding claim 19.
Tian discloses the heat exchanger of claim 18, configured to be capable of having steam can contact an outer surface (surface exposed to the interior volume) of the plurality of flow channels, and wherein the panel is configured to transfer thermal energy from the steam contacting the outer surface of the plurality of flow channels to the fluid flowing through the plurality of flow channels, thereby heating the fluid (inherent function of a heat exchanger).
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Smillie in view of official notice.
Smillie does not explicitly disclose the claimed dimension of the flow channels. However, it is old and well known in the art that the dimensions of a heat exchanger flow passage are result-effective variables. Hydraulic diameter and wetted perimeter, which directly correspond to the claimed height and width, are key considerations in fluid mechanics and fluid heat exchanger design because altering these variables is known to effect change in flow characteristics, heat transfer rates, and pressure drop. Since the general conditions of the claimed invention is disclosed in the prior art, it is not considered inventive to discover the optimum or workable ranges thereof. See MPEP 2144.05(II). Therefore, it would have been routine and obvious to one of ordinary skill in the art to modify these variables in an attempt to optimize the heat exchange system. It is noted that the well-known in the art statement has not been traversed. This statement is taken to be admitted prior art because Applicant did not traverse the Examiner's assertion of official notice.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Tian in view of Smillie.
Tian does not disclose that the heat exchanger back plate is configured to be selectively coupled with the panel.
Smillie discloses a shower environment heat exchanger (Fig. 11) wherein the back is configured to be selectively coupled with the front panel (via clips 122) to enclose the flow channels.
It would have been obvious to one of ordinary skill in the art to modify the heat exchanger of Tian with the teachings of Smillie in order to arrive at a serviceable heat exchanger in which a blockage could be easily cleared.
Response to Arguments
Applicant's arguments filed 2026 June 23 have been fully considered but they are not persuasive.
Regarding claim 1.
Applicant argues – If the tubular inlet 68/86 becomes the outlet and the tubular outlet 58/88 becomes the inlet, the intended operation of the mirror 10 would cease to function. Accordingly, the tubular inlet 56/86 cannot be construed as the outlet and the tubular outlet 58/88 cannot be construed as the inlet.
In response – Applicant attempts to differentiate the prior art from the claimed invention based on function/intended use, rather than structure. There is no inherent structural difference between a fluid inlet and a fluid outlet. Fluid passages become inlets or outlet based on the direction of fluid travel. The heat exchanger of Smillie includes every structural feature of the claimed invention, and is capable of being oriented and used such that the outlet is positioned vertically above the inlet.
Assuming, arguendo, that using the heat exchanger of Smillie in this manner would destroy the intended purpose of keeping the mirror clear, the structure of Smillie still anticipates the claimed invention. Though, this assumption is unlikely as the flexible drain tube 74 can simply be moved.
Regarding claim 18.
Applicant argues – The heating water pipe of Tian extends not only along the sidewall of the shower room, but extends into the bottom area of the shower room, opposing the heat exchanger of the Present Application, which is solely disposed on the sidewall of the shower environment.
In response – It is noted that the features upon which applicant relies 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). The claim does not limit the heat exchanger to only the sidewall. So even if Tian’s heat exchanger extends beyond just the sidewall, Tian still discloses the structure as claimed. I.e., Tian discloses “a heat exchanger including a panel disposed along the sidewall within the interior volume”.
Applicant argues – The Office alleges that the second temperature monitor 9 is analogous to the outlet of the Present Application, and that the second temperature monitor 9 cannot be construed as the claimed outlet.
In response – The rejection is not referring to the temperature monitor 9 as the outlet; the outlet is seen in Fig. 1 “at 9” where the tube exits the heat exchanger.
Conclusion
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 Jon T. Schermerhorn Jr. whose telephone number is (571)270-5283. The examiner can normally be reached M-F 9am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at (571) 272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JON T. SCHERMERHORN JR./ Primary Examiner, Art Unit 3763
