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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 2026 Feb 27 is acknowledged.
Claims 13-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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 1-6, and 8-12 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); 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 6.
Smillie discloses the heat exchanger of claim 5, wherein the outlet is positioned vertically above the inlet (56 can be positioned above 58).
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).
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.
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.
Conclusion
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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/JON T. SCHERMERHORN JR./Primary Examiner, Art Unit 3763