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 .
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.
Claims 11-20 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.
Claim 11 recites the limitation " the threshold temperature heated by the water heater " in line 8. There is insufficient antecedent basis for this limitation in the claim. It is not clear how the threshold can be heated by the water heater, as the threshold is a numerical construct for comparison to the sensed water temperature. Alternatively it cannot be determined if this limitation further defines the previously-introduced “threshold temperature” to a temperature which is reached by the previously-recited water heater (or, as in the case of prior art, if this threshold could be reached by an alternative apparatus).
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.
(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.
Claim(s) 1-3 and 8-10 is/are rejected under 35 U.S.C. 102a1 and/or 102a2 as being anticipated by Lum (US 7,971,601), which discloses:
1. A water supply system for a recreational vehicle (intended use in preamble given limited patentable weight because not necessary to understand body of claim), the water supply system comprising:
a water tank (“city main” or “water well”);
a conduit (36, 38, 40, 42, and the flowpaths through the valves/components located along this conduit) configured to supply water from the water tank;
a water heater (22) configured to heat the water supplied along the conduit;
a return line (in phantom, FIG 1, from 32 to 22) extending from the conduit to the water tank;
a valve (32) for selectively recirculating the water from the conduit to the water tank along the return line; and
a temperature sensor provided on the return line and configured to measure a temperature of the water recirculating along the return line (the “third sensor”, see col. 5 lines 17-21).
2. The water supply system of claim 1, wherein the valve is provided on the return line (see FIG 1).
3. The water supply system of claim 1, further comprising a switch (26) operably coupled to the valve (col. 4 lines 53-60).
8. The water supply system of claim 1, further comprising a fixture configured to receive the supply of water from the water tank via the conduit (see the faucet at 12; FIG 1).
9. The water supply system of claim 8, further comprising a fixture line coupling the fixture to the conduit (see the line 40 coupling the faucet to the valve 14).
10. The water supply system of claim 9, further comprising a secondary valve for selectively coupling the fixture to the conduit (14 has first valve part 32 for controlling hot water flow, and second valve part 34 for controlling the flow of cold water).
Claim(s) 11-20 as understood is/are rejected under 35 U.S.C. 102a1 and/or 102a2 as being anticipated by Girard (US 2019/0212033), which discloses:
11. A method of conserving water in a recreational vehicle, the method comprising:
heating a supply of water within a water supply system (100) with a water heater (250);
measuring a temperature of the supply of water to determine a water temperature or a change in temperature (at T2 362, alternatively at Tout 358);
comparing the water temperature or the change in temperature to a threshold temperature (the threshold of para. 0058; alternatively the maximum heater water temperature of para. 0239); and
recirculating the supply of water within the water supply system until the water temperature meets or exceeds the threshold temperature heated by the water heater (para. 0058).
12. The method of claim 11, further comprising requesting hot water from the water supply system (use of hot water implicitly requires a request, such as by using the thermostat of para. 0242).
13. The method of claim 12, wherein requesting hot water includes actuating a switch (thermostats include switches).
14. The method of claim 11, further comprising opening a valve in a water retention system to permit recirculating of the supply of water (para. 0247).
15. The method of claim 14, wherein the valve is positioned on a return line (132; para. 0247).
16. The method of claim 15, wherein recirculating further comprises providing the supply of water to a water tank (200) from the return line.
17. The method of claim 14, further comprising closing the valve after the water temperature meets or exceeds the threshold temperature (para. 0238-0242, 0247; 350 controls recirculation to 200 through one-way valve 190 and pump 170 is turned off when the temperature exceeds a max heated temperature, thus valve 190 is closed when there is no flow because the pump is turned off).
18. The method of claim 17, further comprising dispensing the water from a fixture (see para. 0215).
19. The method of claim 15, wherein a controller (350) coupled to a temperature sensor is configured to compare the water temperature to the threshold temperature (para. 0058, 0239).
20. The method of claim 11, further comprising ceasing heating of the supply of water after reaching a timeout value (see the end of para. 0224, where shutting off the pump a “short time” after switching off the burner would cease heating of the supply of water).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Girard in view of Lum.
Regarding claim 1, Girard discloses a water supply system for a recreational vehicle (intended use in preamble given limited patentable weight because not necessary to understand body of claim), the water supply system comprising:
a water tank (200);
a conduit (136) configured to supply water from the water tank;
a water heater (250) configured to heat the water supplied along the conduit;
a return line (132) extending from the conduit to the water tank;
a valve (190) for selectively recirculating the water from the conduit to the water tank along the return line; and
Girard does not disclose a temperature sensor provided on the return line and configured to measure a temperature of the water recirculating along the return line. Lum teaches that it was known in the art before the effective filing date to use a temperature sensor provided on a similar return line and configured to measure a temperature of the water recirculating along the return line (the “third sensor”, see col. 5 lines 17-21). To account for recirculation water temperature in Girard’s system, it would have been obvious to use a temperature sensor provided on the return line as claimed by Applicant.
2. The water supply system of claim 1, wherein the valve is provided on the return line (see para. 0247).
3. The water supply system of claim 1, further comprising a switch (of the thermostat; para. 0242, 0247) operably coupled to the valve.
4. The water supply system of claim 3, further comprising a controller (350) operably coupling the valve to the switch (para. 0242).
5. The water supply system of claim 4, further comprising a pump (170) fluidly coupled to the conduit and configured to pump water from the water tank.
6. The water supply system of claim 4, wherein the controller is configured to operate the valve to cease recirculating water when the temperature sensor measures a temperature that reaches a temperature threshold (the controller indirectly operates the one-way valve when the pump is turned off in response to exceeding the temperature threshold; para. 0238-0242, 0247).
7. The water supply system of claim 6, wherein the switch is configured to open the valve until the temperature sensor measures the temperature that meets or exceeds the temperature threshold (when the pump is switched on, the valve must be open in order to allow flow before exceeding the temperature threshold).
8. The water supply system of claim 1, further comprising a fixture configured to receive the supply of water from the water tank via the conduit (the fixture is read as the inherent basin of the sink/bath/shower; para. 0215).
9. The water supply system of claim 8, further comprising a fixture line coupling the fixture to the conduit (from the valve of the sink/bath/shower to the basin thereof; para. 0215).
10. The water supply system of claim 9, further comprising a secondary valve for selectively coupling the fixture to the conduit (e.g., the valves of the sink/bath/shower connect to fixture line(s) thereof, as mapped in the analysis of claim 9 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 10,760,823 discloses a water heater recirculation arrangement where a temperature sensor in a storage tank is used to control a recirculation pump (FIG 2) that pumps recirculation water from the tank to a heater and back to the tank.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM M MCCALISTER whose telephone number is (571)270-1869. The examiner can normally be reached M-F from 7am to 6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CRAIG SCHNEIDER, can be reached at telephone number 571-272-3607, or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM M MCCALISTER/ Primary Examiner, Art Unit 3753
6/23/26
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