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 .
Terminal Disclaimer
The terminal disclaimer filed on 9/29/26 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US 12,442,560 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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 16 and 17 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.
It is not understood how the additional water temperature (which results from mixing the hot water and cold water) can be at the second temperature, since the second temperature is defined in the claim as the hot water temperature.
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) 14-17 (16-17 as understood) is/are rejected under 35 U.S.C. 102a1 and/or 102a2 as being anticipated by Kraft (US 2,895,676), which discloses:
14. A method of providing heated water comprising:
delivering input water having a first temperature to a thermostatic mixing valve (to cold water inlet 19);
delivering the input water from the thermostatic mixing valve (from cold water outlet 23) to a hot water tank (col. 2 lines 4-12);
heating the input water within the hot water tank to generate heated water having a second temperature that is greater than the first temperature (considered clearly met that the heater heats the water);
mixing the input water with the heated water within the thermostatic mixing valve (hot water from heater enters at thermostatic mixing valve at hot water inlet 16, and mixes with cold water from cold water inlet 19 at mixing section 54) to generate mixed water having a third temperature (at mixing section 54); and
flowing the mixed water from the thermostatic mixing valve to a buffering device (the pipe connected downstream of 67; which is structurally comparable to Applicant’s buffering device 318 of FIG 5).
15. The method of claim 14, further comprising: retaining a residual amount of the mixed water within the buffering device (water remains in the pipe when a downstream point of use is shut off); flowing an additional water amount from the thermostatic mixing valve to the buffering device (when the downstream point of use is opened again for use, recently mixed water flows out of 67); and mixing the additional water amount with the residual amount of the mixed water within the buffering device to produce further water (inherent as water from 67 enters the downstream pipe).
16. The method of claim 15, wherein the additional water amount is at that is less than the second temperature (because the further water is a combination of the residual water temperature and the fourth water temperature, each of which is less than the hot water / second temperature).
17. The method of claim 16, further comprising: flowing the additional water amount from the thermostatic mixing valve to the buffering device and then out of the buffering device (through the downstream pipe and out at the point of use), wherein the additional water amount is at the third temperature (the mixed water temperature becomes predominant as the residual water in the pipe is flushed out by the recently mixed water).
Allowable Subject Matter
Claims 1-13 and 18-20 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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
9/30/26
