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 .
Allowable Subject Matter
Claims 5-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art , alone or in combination, does not disclose controlling the liquid conveying device such that the liquid does not enter the liquid interaction area until a critical temperature of the heat exchanger is below a predeterminable starting value or until at least a predeterminable cooling time period has elapsed after an end of the air mode.
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.
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 located in claim 1 are: heat transfer device, air conveying device, liquid conveying device, and energy unit.
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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The term, control unit, does not have any structural features enumerated in the written disclosure of the invention.
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.
Claims 1-8 are 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, control unit, does not have any structural features enumerated in the written disclosure of the invention and so the Office unsure as to exactly what it is.
Claim Objections
Claims 5 and 7 are objected to because of the following informalities: The term “the other mode” is used and should be “an other mode”. Appropriate correction is required.
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.
Claims 1-3 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Botticella et al. (WO 2019/025634).
Regarding claim 1, Botticella (B) discloses a device for heating air and a liquid, comprising an air inlet (501, Figure 2), an air outlet (502), an air interaction area (6, Figure 1), an air conveying device (503), a liquid inlet (501A), a liquid outlet (502A), a liquid interaction area (6A), a liquid conveying device (503A), an energy unit (2,2A, i.e., burners Figure 1), a heat exchanger (6,6A), and a control unit (Pg. 12, Par. 8), wherein air to be heated enters the device via the air inlet (501, Pg. 7, Par. 4,Pg. 17, Par. 6), wherein heated air exits the device via the air outlet (502), wherein liquid to be heated enters the device via the liquid inlet (501A), wherein heated liquid exits the device via the liquid outlet (502A), wherein the energy unit (2,2A) generates thermal energy, wherein the heat exchanger (6, 6A) transfers the thermal energy generated by the energy unit to the air in the air interaction area (@6) and to the liquid in the liquid interaction area (@6A), wherein the air conveying device (503) conveys the air into the air interaction area (@6), wherein the liquid conveying device (503A) conveys the liquid into the liquid interaction area (@6A), wherein the control unit (Pg. 12, Par. 8-10 ) controls the air conveying device (503) and the liquid conveying device (503A) depending on whether the device heats only air in an air mode or liquid in a different mode (Pg. 12, Par 8,Pg. 18, Par. 3). As a clarification the control always controls the two in order to reach the desired temperatures within the system.
Regarding claim 2, Botticella (B) discloses the device according to claim 1, wherein the control unit (Pg. 12, Par. 8) controls the air conveying device (503) and the liquid conveying device (503A) depending on whether the device heats only air in an air mode or only liquid in a liquid mode (Pg. 12, Par 8,Pg. 18, Par. 3).
Regarding claim 3, Botticella (B) discloses the device according to claim 1, wherein the control unit (Pg. 12, Par. 8) controls the air conveying device (503) and the liquid conveying device (503A) depending on whether the device heats only air in an air mode, only liquid in a liquid mode, or air and liquid in a mixed mode (Pg. 12, Par 8,Pg. 18, Par. 3).
Regarding claim 8, Botticella (B) discloses the device according to claim 1, wherein the energy unit (2,2A, i.e., burners Figure 1) generates thermal energy by burning a fuel-air mixture and/or by converting electrical energy (Pg. 6, Par.10)
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Invent Botticella et al. (WO 2019/025634) in view of Jardine (US 4,441,902).
Regarding claim 4, Botticella (B) discloses the device according to claim 1, but not that the control unit controls the liquid conveying device prior to the air mode such that the liquid interaction area is substantially free from the liquid.
However, Jardine (J) discloses a heat reclaiming device wherein the device could control the liquid conveying device so prior to the air mode such that the liquid interaction area is substantially free from the liquid (C9, L41-48). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to modify invention so that the liquid in the liquid interaction area (B-@6A) if free from liquid when not in use in order to prevent overheating and steam formation during the transition to air heating.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Clawson (US 5,046,478) discloses a space and water heater relevant to the invention, see PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN E BARGERO whose telephone number is (571) 270-1770. The examiner can normally be reached Monday-Friday.
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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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/JOHN E BARGERO/Examiner, Art Unit 3762 ***
/VIVEK K SHIRSAT/Primary Examiner, Art Unit 3762
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