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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "118" and "120" have both been used to designate T-connector (SEE [0040]). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “200” has been used to designate both condensate neutralizing system and water heater system (SEE [0040]). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1, 2, 8, 10-12, 16, 17 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scott et al (11,346,578). Scott et al discloses a system for use with a fuel-burning water heater (300) and a ventilation conduit (SEE Figure 3), the fuel-burning water heater being configured to burn fuel and generate gaseous exhaust and condensate from the burning of the fuel, the ventilation conduit being configured to remove the gaseous exhaust from the fuel-burning water heater, the system includes an input port (121) configured to receive the gaseous exhaust and the condensate; a neutralizing material holder (130, 432) (SEE column 7, lines 13-28 and column 3, lines 29-39) configured to house a condensate neutralizing material (350) therein and to receive the condensate from the input port; a gas output port (122) configured to provide the gaseous exhaust to the ventilation conduit; and a liquid output port (123) configured to output condensate from the neutralizing material holder (130, 432), wherein the neutralizing material holder is disposed between the input port and the liquid output port (as per Figure 3. In re claim 2, Scott et al further discloses a neutralizing material holder access port (110a, SEE Figure 1C) capable of enabling enable placement of the condensate neutralizing material (350) into the neutralizing material holder, wherein the neutralizing material holder is capable of being a cartridge configured to be removably inserted into the neutralizing material holder access port (as taught in column 1, lines 31-40, but is a disadvantage, instead Scott et al improves the design in that bulk material is added instead as per column 3, line 62 – column 4,l line 13). In re claim 8, Scott et al discloses that the neutralizing material holder (130) is configured to hold a single slab (350) of the condensate neutralizing material (SEE column 3, lines 62 – column 4, line 13). In re claim 10, Scott et al further discloses a pH sensor (310) configured to output a pH sensor signal based on the pH of the condensate at the liquid output port (column 6, lines 42-48). In re claim 11, Scott et al discloses an alarm configured to provide a low pH indication based on the pH sensor signal, wherein the low pH indication comprises one or more indications comprising an audible indication, a visual indication, or a combination thereof (column 6, lines 42-48). In re claim 12, Scott et al discloses a radio configured to wirelessly transmit (via a displaying a text message) a low pH indication based on the pH sensor signal (column 6, lines 42-58). In re claim 16, Scott et al discloses a water heater, including a condensate management system (10) comprising: an input port (121) configured to receive a gaseous exhaust and condensate; a neutralizing material holder (130, 432) configured to house a condensate neutralizing material (350) therein and to receive the condensate from the input port; a gas output port (122) configured to provide the gaseous exhaust to the ventilation conduit; and a liquid output port (123) configured to output condensate from the neutralizing material holder, wherein the neutralizing material holder (130, 432) is disposed between the input port and the liquid output port (SEE Figure 1C). In re claim 17, Scott et al further discloses a neutralizing material holder access port (110a, SEE Figure 1C) capable of enabling enable placement of the condensate neutralizing material (350) into the neutralizing material holder, wherein the neutralizing material holder is capable of being a cartridge configured to be removably inserted into the neutralizing material holder access port (as taught in column 1, lines 31-40, but is a disadvantage, instead Scott et al improves the design in that bulk material is added instead as per column 3, line 62 – column 4, line 13). In re claim 20, Scott et al discloses structure capable of carrying out the method of managing condensate of a water heater, the method comprising: positioning a condensate management system (10) about a gaseous exhaust and condensate outlet of the water heater; receiving (Figure 3), by an input port (121) of the condensate management system, gaseous exhaust and condensate from the gaseous exhaust and condensate outlet of the water heater (SEE Figures 1C & 3); receiving, by a neutralizing material holder (130) of the condensate management system, the condensate from the input port, wherein the neutralizing material holder is configured to house a condensate neutralizing material (350) therein (Figure 3); passing the condensate through the condensate neutralizing material within neutralizing material holder; outputting, by a liquid output port (123) of the condensate management system, the condensate from the neutralizing material holder after the condensate has passed through the condensate neutralizing material (SEE Figure 3); and directing, by a gas output port (122) of the condensate management system, the gaseous exhaust to a ventilation conduit (SEE Figure 3); wherein the neutralizing material holder (130) is disposed between the input port and the liquid output port (Figure 3).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scott et al (11, 346,578). Scott et al discloses a water heating system which includes a neutralizing material holder configured to house a condensate neutralizing material with an input port and a liquid output port therein as mentioned above, but does not specifically recite that the neutralizing material holder is detachably fastened to the input port and the liquid output port. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have made the neutralizing material holder as a detachable element, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Choi et al (KR 20130117042) discloses a condensate trap apparatus (100) (SEE Figure 2) for use with a water heater in which condensate and exhaust gas pas through a neutralizing material holder (110). Ueda et al (WO 2006095660) teaches a water heater system (Figure 4) including a condensate management system (2) having a neutralizing material holder (A) filled with a neutralizing agent (1).
Allowable Subject Matter
Claims 3-7, 9, 13, 14, 18 and 19 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A WILSON whose telephone number is (571)272-4882. The examiner can normally be reached M-F; 7:00am-4:30pm.
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/GREGORY A WILSON/Primary Examiner, Art Unit 3762 September 1, 2026
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