DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
The disclosure is objected to because of the following informalities:
In [0005], the last sentence, change “while cost effectively” to -- while being cost effective --
It is recommended that Applicant review the specification in its entirety to ensure that no other issues are present
Appropriate correction is required.
Claim Objections
The claims listed below are objected to because of the following informalities:
In Claim 1, the 2nd to last line, change “a corresponding component” to -- an additional corresponding component -- (or equivalent)
In Claim 2, lines 2-3, change “the corresponding component” to -- the additional corresponding component --
In Claim 4, line 2, change “the protrusion” to -- each protrusion --
In Claim 5, line 2, change “of one” to -- of a respective one --
In Claim 5, line 4, change “relative the inner surface” to -- relative to the inner surface --
In Claim 12, line 5, change “the first foam” to -- the first foam section --
In Claim 12, line 5, change “a corresponding component” to -- the corresponding component --
In Claim 12, line 8, change “a corresponding component” to -- the additional corresponding component --
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 1-9 and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 202016003295 U1 (hereinafter “DE295”) (see attached original document and translation for reference).
Regarding Claim 1, DE295 teaches of a shroud structure (10) for a heat pump system (“heat pump W”) (see at least [0011] and Figs. 1, 5), the shroud structure comprising:
a plurality of foam sections (foam sections comprising elements (10.1), (10.2), (11) and (12) which are formed from foam in the form of “expanded polypropylene (EPP)”) (see at least [0010] and Figs. 1a-2.1b) comprising a first foam section (10.2) and a second foam section (10.1), each of the plurality of sections having an internal surface configured to abut a corresponding internal surface of another of the plurality of foam sections (as is shown in Figs. 1a-2.1b) (see at least [0010], [0020] and Figs. 1a-2.1b, 3-4 and note that each section connects with an adjacent, abutting section via contact points (13.1) and it is disclosed that “The design of the contact points of the individual parts of the housing ensures that they are connected to each other in an airtight and condensate-tight manner” (see [0010])), wherein:
the first foam section (10.2) comprises one or more first recesses (as is shown in Figs. 3 and 3a, first foam section (10.2) has a plurality of first recesses including a first recess that is configured to receive (at least) element (2)) (see at least [0011] and Figs. 3, 3a), each of the one or more first recesses being configured to at least partially receive a corresponding component (at least component (2)) of the heat pump system (as is shown in Figs. 3 and 3a) (see at least [0011] and Figs. 1b, 3, 3a), and
the second foam section (10.1) comprises one or more second recesses (the one or more second recesses that include the inner recess of element (10.1) which accommodates (at least) element (3) as shown in Figs. 1a-1b) extending into the second foam section from a bottom side of the second foam section (thereby enabling element (10.1) to accommodate (at least) element (3) while fitting on top of element (10.2) as is shown in Figs. 1a-1b), the one or more second recesses being configured to at least partially receive an additional corresponding component (at least component (3)) of the heat pump system (as is shown in Figs. 1a-1b) (see at least [0011] and Figs. 1a-1b).
Regarding Claim 2, DE295 also teaches that each of the one or more second recesses (the inner recess of element (10.1) that accommodates (at least) element (3) as shown in Figs. 1a-1b) is configured to slideably receive at least a portion of the additional corresponding component (3) of the heat pump system (by sliding over the top of element (3) as shown in Figs. 1a-1b) to thereby secure the second foam section (10.1) to the heat pump system (as is shown in Figs. 1a-1b) (see at least [0011] and Figs. 1a-1b).
Regarding Claim 3, DE295 also teaches that each of the plurality of foam sections includes a protrusion or a socket (protrusion (F) or socket (N1) at each connection (10.3) as shown in Fig. 4), each protrusion being configured to slideably interface with a corresponding socket (see at least [0020] and Figs. 1a, 1b, 2.1a, 4).
Regarding Claim 4, DE295 also teaches that each protrusion (F) extends from an inner surface of one of the plurality of foam sections (as is shown in Fig. 4) and that a width of the protrusion (F) is greater at a tip end of the protrusion than at a base end of the protrusion (as is shown in Fig. 4) (see at least [0020] and Fig. 4).
Regarding Claim 5, DE295 also teaches that each socket (N1) extends into an inner surface of one of the plurality of foam sections (as is shown in Fig. 4) and that a width of the socket (N1) at a first depth relative to the inner surface is less than a thickness of the socket at a second depth that is greater than the first depth (as is shown in Fig. 4) (see at least [0020] and Fig. 4).
Regarding Claim 6, DE295 also teaches that the first foam section (10.2) further comprises a fan aperture (the round aperture of (10.2) that accommodates a portion of fan (2) as shown in Fig. 1b) configured to receive at least a portion of a fan (2) (as is shown in Fig. 1b) (see at least [0011] and Figs. 1a-1b).
Regarding Claim 7, DE295 also teaches that the first foam section (10.2) is configured to transmit a load of the fan (2) (via directly holding the fan (2) and its weight as shown in Figs. 1a-1b, 3) to a surface underlying the first foam section (the surface of the heat pump (W) to which the first foam section (10.2) is attached) (see at least [0011] and Figs. 1a-1b, 3, 5).
Regarding Claim 8, DE295 also teaches that the one or more first recesses (first recesses of first foam section (10.2) as shown Fig. 3a) includes an evaporator recess (the left-hand recess of (10.2) with respect to Fig. 3a that has a hole in the bottom and accommodates evaporator (3) as shown in Figs. 1b, 3) configured to at least partially receive a portion of an evaporator (3) of the heat pump system (as is shown in Figs. 1b, 3) (see at least [0011] and Figs. 1b, 3, 3a).
Regarding Claim 9, DE295 also teaches that the first foam section (10.2) further comprises a condensation collector (see [0018] and Fig. 3a) including (i) a bottom surface (bottom left-hand surface of element (10.2) with respect to Fig. 3a that comprises a condensation outlet passage) configured to be located below an evaporator (3) (see at least [0011] and Figs. 1b, 3, 3a) of the heat pump system (as is shown in Figs. 3, 3a - see at least [0018] and Figs. 1b, 3, 3a) (ii) a condensation outlet (“passage”) (see [0018]), the bottom surface being sloped downwardly toward the condensation outlet (as is shown via the directional arrows in Fig. 3a) (see at least [0018] and Figs. 1b, 3, 3a).
Regarding Claim 12, DE295 teaches of a method of installing a shroud structure (10) onto a heat pump system (“heat pump W”) (see at least [0011] and Figs. 1, 5), the method comprising:
providing the shroud structure (10) of Claim 1 (see the rejection for Claim 1 above);
installing the first foam section (10.2) onto the heat pump system (W) (as is shown in Figs. 1, 1a, 5 - see at least [0011] and Figs. 1, 1a, 5), whereby the one or more first recesses of the first foam section (10.2) receive the corresponding component (2) of the heat pump system (see at least [0011] and Figs. 1a, 1b, 3, 3a); and
installing the second foam section (10.1) onto the heat pump system (as is shown in Figs. 1, 1a, 5 - see at least [0011] and Figs. 1, 1a, 5), whereby the one or more second recesses at least partially receive the additional corresponding component (3) of the heat pump system (see at least [0011] and Figs. 1a, 1b, 3, 3a).
Regarding Claim 13, DE295 also teaches that the first foam section (10.2) comprises a socket (N1) and the second foam section (10.1) comprises a protrusion (F) (see at least [0020] and Figs. 1a, 1b, 2.1a, 4 and note that first foam section (10.2) has a socket as shown in Fig. 1b while second foam section (10.1) has a corresponding protrusion as shown in Fig. 1a), and that installing the first or second foam section comprises sliding the protrusion into the socket (see at least [0020] and Figs. 1a, 1b, 2.1a, 4).
Regarding Claim 14, DE295 also teaches that the first and second foam sections (10.2/10.1) combine to substantially and/or entirely surround one or more components (at least components (2), (3)) of the heat pump system (as is shown in Fig. 1a) (see at least [0020] and Figs. 1a, 1b, 4).
Regarding Claim 15, DE295 also teaches that the one or more components comprise a compressor, a fan, and/or an evaporator (the one or more components comprise (at least) a fan (2) and evaporator (3)) (see at least [0011] and Figs. 1b, 3).
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.
Claims 10 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over DE295 in view of Pitiot et al. (FR 3008483 A1) (hereinafter “Pitiot”) (see attached original document and translation for reference).
Regarding Claim 10, DE295 teaches the shroud structure of Claim 1 (see the rejection for Claim 1) but fails to explicitly teach that the one or more second recesses includes a compressor recess configured to at least partially receive a compressor of the heat pump system.
Pitiot discloses a relatable water heater (10) that utilizes an “air-to-water heat pump” (see at least [0004], lines 1-2, and Figs. 1-3). The water heater comprises a shroud structure (shroud structure comprising elements (25) and (26) as shown in Fig. 2-3) with a plurality of foam sections (sections (25), (26) that are made from foam in the form of “expanded polypropylene”) (see [0013], the last 6 lines, and Figs. 2-3) wherein each section (25/26) comprises a plurality of recesses (“shapes to accommodate different components”) (see at least [0007], the last 7 lines, and Figs. 2-3). Pitiot teaches that both of first (25) and second (26) foam section have one or more recesses (“shapes to accommodate different components” as shown in Figs. 2-3) (see at least [0007], the last 7 lines, and Figs. 2-3) to collectively accommodate the components of the heat pump system shown in Fig. 2 (see at least [0009] and Figs. 1-3 - “The cap 26 includes shapes which, associated with the said shapes of the base 25, ensure, during the operation of the machine, the retention of the components of the cold stage 12 positioned during the assembly phase”). Furthermore, Pitiot teaches that a second foam section (26) of the foam sections comprises one or more second recesses (“shapes to accommodate different components” as shown in Figs. 2-3) (see at least [0007], the last 7 lines, [0009] and Figs. 2-3) that includes a compressor recess (recess of (26) that accommodates compressor (15) as show in Figs. 2-3) configured to at least partially receive a compressor (15) of the heat pump system (see at least [0008]-[0009] and Figs. 2-3). Pitiot teaches that configuring the second foam section (26) of the foam sections to comprises one or more second recesses, including a compressor recess, enables all elements of the “cold stage 12” (see at least [0007], lines 1-2, and Figs. 1-3), which includes the compressor (15), to be mounted above the water tank of the water heater which, inter alia, “makes it possible to improve the assembly” (see at least [0007], lines 1-4, and Figs. 1-3).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the apparatus taught by DE295 by configuring the one or more existing second recesses to include a compressor recess configured to at least partially receive a compressor of the heat pump system based on the teachings of Pitiot. Doing so would have enabled all elements of the heat pump system cold stage, including the compressor, to be mounted above the water tank of the water heater to thereby (at least) improve assembly. Note that such modification would have necessarily resulted in the invention as claimed.
Regarding Claim 16, DE295 teaches the method of Claim 12 (see the rejection for Claim 12) but fails to explicitly teach that the shroud structure has a generally cylindrical shape.
Pitiot discloses a relatable water heater (10), and method of assembling the same, wherein the water heater (10) utilizes an “air-to-water heat pump” (see at least [0004], lines 1-2, and Figs. 1-3). The water heater is cylindrical (“cylindrical” - see at least [0007], lines 12-16, and Figs. 1-5) and comprises a shroud structure (shroud structure comprising elements (25) and (26) as shown in Fig. 2-3) with a plurality of foam sections (sections (25), (26) that are made from foam in the form of “expanded polypropylene”) (see [0013], the last 6 lines, and Figs. 2-3), wherein the shroud structure is configured to be mounted on top of the water heater (see at least [0007], lines 12-16, and Figs. 1-5). Pitiot teaches that the shroud structure has a generally cylindrical shape (“cylindrical”) and that such a shape enables the shroud structure to match the shape of the water heater to thereby contribute to the “cylindrical shape along the axis 23” for (at least) aesthetics and function (see at least [0007], lines 12-16, and Figs. 1-5).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the method taught by DE295 by configuring existing shroud structure to have a generally cylindrical shape based on the teachings of Pitiot. Doing so would have enabled the shroud structure to match the shape of a common cylindrical water heater to thereby contribute to the overall cylindrical shape of the apparatus for (at least) aesthetics and function. Note that such modification would have necessarily resulted in the invention as claimed.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over DE295 in view of (DE 29522331 U1) (hereinafter “DE331”) (see attached original document and translation for reference).
Regarding Claim 11, DE295 teaches the shroud structure of Claim 1 (see the rejection for Claim 1) but fails to explicitly teach that the plurality of foam sections comprise polyethylene or polyurethane.
DE331 discloses a relatable shroud structure (Fig. 3) for a hot water storage tank (see at least pg. 2, lines 6-8, of the attached translation and Fig. 3) that comprises a plurality of foam section (3, 4, 5) (see at least pg. 2, the 2nd to last paragraph, Claim 1 and Fig. 3). DE331 teaches that the plurality of foam sections comprise polyethylene material (“polyethylene”) (see Claim 1 and Fig. 3) and that “The purpose of the present invention is to provide insulation for heat storage and pipes made of environmentally friendly material while at the same time being highly flexible in terms of assembly and disassembly” (see pg. 2, lines 6-8, and Fig. 3) - thus “polyethylene” is (at least) an “environmentally friendly material” (see pg. 2, lines 6-8, Claim 1 and Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the apparatus taught by DE295 by configuring the existing plurality of foam sections to comprise polyethylene material as is taught by DE331. Doing so would have made the foam material that is used to form each section environmentally friendly. Note that such modification would have necessarily resulted in the invention as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following prior art is considered relevant to this application in terms of structure and use:
Pugh et al. (US 2019/0128565 A1)
Duplessis et al. (US 2014/0157814 A1)
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/BENJAMIN W JOHNSON/Examiner, Art Unit 3762 6/24/2026
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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