Prosecution Insights
Last updated: April 19, 2026
Application No. 17/058,109

A KETTLE

Final Rejection §103
Filed
Nov 23, 2020
Examiner
KIRKWOOD, SPENCER HAMMETT
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Breville Pty Limited
OA Round
4 (Final)
51%
Grant Probability
Moderate
5-6
OA Rounds
4y 0m
To Grant
64%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allow Rate
121 granted / 238 resolved
-19.2% vs TC avg
Moderate +13% lift
Without
With
+13.0%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
44 currently pending
Career history
282
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
61.0%
+21.0% vs TC avg
§102
15.5%
-24.5% vs TC avg
§112
19.8%
-20.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 238 resolved cases

Office Action

§103
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 . Response to Amendments The amendments filed 03/28/2025 have overcome the USC 112 rejections filed 04/26/2024. Claims 1 and 6 remain pending. Response to Arguments Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant firstly argues (page 4-6): the cited art fails to teach or suggest at least the following features of amended claim 1, which recites, inter alia, "An appliance configured to heat a predetermined volume of liquid, the appliance including: a switch, adjacent the heater and printed circuit board, that receives electric power and delivers electric power to the heater, the switch being mounted to the hollow body and located so that heat generated by the switch can be delivered to the predetermined volume of liquid via conduction." At page 5 of the Office Action, the Examiner refers to col. 2, lines 8-15 of Dennis as a "pin point citation to a TRIAC in heatsinked thermal transfer to heating substrate." Upon review of the specification as a whole, the Applicant submits that Dennis only discloses this feature in detail in relation to the embodiment of Figure 7. Figure 7 of Dennis is concerned with an entirely different apparatus to that of presently amended claim 1. Figure 7 of Dennis, and indeed the majority of Dennis, is concerned with a heater assembly for a flowing stream of water for a domestic shower unit. See, e.g., Dennis at col. 6, lines 25-27. Dennis does not teach or suggest a device configured to heat a predetermined volume of liquid. The cited portion of Dennis at col. 2, lines 8-15 relied upon by the Examiner appears in the Summary section of Dennis and does not relate specifically to a particular embodiment or figure. However, the Applicant submits that the cited portion would be appreciated by those of ordinary skill in the art from the context of the proximal portions of the Summary section that the cited portion of Dennis appears in relation to heating a flowing stream of water for a shower or the like. See, e.g., all of the Summary section col. 1, line 30 through to col. 2, line 7 preceding the Examiner's citation reference, though in particular col. 1, line 56 to col. 2, line 2. The detailed disclosure of this feature is limited to col. 7, lines 30-34 discussing the embodiment of Figure 7. Here it is disclosed that the current regulating circuit 104 must be mounted to the front plate 103 at a location upstream of the heating element 10 so that the front plate acts as a heat sink which is "cooled by the flow of water." Emphasis added. Otherwise stated, the current regulating circuit 104 in Dennis is located at a position coinciding with the flow of cold water before it undergoes heating by the element 10. Moreover, excerpt col. 7, lines 30-34 of Dennis also states that it is because of this continuous flow of cold water cooling the surface to which the circuit 104 is mounted that it is not necessary for a separate heat sink to be provided to the current regulating circuit. Therefore, the Applicant submits that the teaching of Dennis is that a continuous flow of cold water upstream of the heater is required to cool the circuit 104, otherwise a separate heatsink must be provided. Indeed, the paragraphs following the Examiner's citation of Dennis col. 2, lines 8-15 describe disabling the heater if insufficient flowrate of cold water is experienced to prevent overheating the circuit containing the switch. See, e.g., Dennis at col. 2, lines 30-34. This is an entirely different arrangement to the invention of presently amended claim 1. Present claim 1 is directed to an appliance configured to heat a predetermined volume of liquid. This is distinct from the flowing stream of water heated by Figure 7 of Dennis, which is disclosed as continuously adjustable, as expected for supplying a shower and other domestic needs. See, e.g., Dennis at col. 6, line 51. Otherwise stated, Figure 7 of Dennis pertains to a continuous heating operation, whereas present claim 1 relates to a batch heating operation for heating a predetermined volume of liquid. Accordingly, disclosed embodiments consistent with claim 1 (e.g., Fig, 1), do not have the continuous supply of flowing cold water that Dennis discloses as necessary to replace a separate heat sink. In the Office Action, the Examiner also points to the embodiment of Dennis Figures 11 and 12 as disclosing certain features of claim 1. Figures 11 and 12 of Dennis pertain to an electric kettle for boiling water. However, nowhere in Dennis is it disclosed that the temperature regulating circuit 104 of Figures 11 and 12 can be used without a separate heat sink. Moreover, the kettle of Figures 10 and 11 of Dennis does not involve a source of flowing cold water that Dennis states is required in order to avoid the use of a separate heat sink. See, e.g., Dennis at col. 7, lines 30-34. Further, the teaching of Dennis at col. 7, lines 30-34 is in relation to heating water for domestic use such as for showers, which inherently involves temperatures far below the boiling point of water. Thus, not only does Dennis teach that flowing cold water is required to avoid use of a separate heat sink, the only disclosure in Dennis of avoiding such use of a separate heatsink is made in relation to temperatures far below the boiling point, as would be experienced in a kettle like that of Figures 10 and 11 of Dennis. In view of the foregoing, the Applicant submits that Dennis teaches away from omitting a separate heat sink in applications that do not provide for a constant flow of cool water in the relation to the relatively low temperature application of a domestic hot water system which operates well below boiling point. It is therefore respectfully asserted that claim 1 is non-obvious at least for the foregoing reasons. However Examiner respectfully disagrees because the Applicants specifications do not disclose that the kettle contains a predetermined amount of water, it is possible to fill the kettle with varied amounts of water and to add or pour water during the heating process. Further once the shower is turned off the heater of Denis provides heating to a fixed amount of water in the system. Additionally Dennis provides that the art of water heating within a vessel provides obviousness to several form factors to include kettles and the advantages are not exclusive to the listed vessel types, emphasis added “This invention relates to heating apparatus and in particular, but not exclusively, to heating apparatus comprising an electric heating element for a washing machine, tumble dryer, dishwasher, water heater, kettle, shower or hot air blower. It is known to provide electric heating elements comprising a conductive coil of wire or strip of metal through which electric current is passed to heat the element. Where it is required to provide electrical heating for fluids such as water contained in a chamber defined by a vessel, an electrical heating element generally needs to be supported within the chamber or is located externally of the chamber at a location where heat is conducted or radiated to the vessel.” (column 1, lines 13-26) such advantages to harvesting waist energy from TRIACs would be applicable to any heating system utilizing TRIACS. Additionally Dennis at Column 6 is not the only mention of a TRIAC, the kettle of figures 11 and 12 are also provided with a TRIAC having same call out 104, the Triac 104 being in contact to the vessel holding water the same as the heating element 10 (see figures 11 and 12), emphasis added “Assembly of the kettle 130 is therefore simpler than in prior art kettles because the circuitry and heating element are integrated onto a single substrate assembly. The current regulating circuit 104 includes a triac circuit enabling the current through the heating element 10 to be continuously varied in order to maintain the water temperature at a required level in the intermediate setting of the control switch 137.” (column 9, lines 16-26), bottom of vessel 135 being where the above TRIAC 104 and heater 10 are directly attached as single substrate assembly 134 “The kettle 130 however is heated by means of a heater assembly 134 comprising a stainless steel plate 135 which forms an integral part of the vessel 131. The plate 135 also constitutes the substrate of a thick film circuit 136 in which a dielectric layer (not shown) is formed on the plate and carries a heating element 10 in the form of a conductive track as shown in FIG. 12.” (column 8, lines 45-54) the heat dissipation anticipated to be directly as possible to vessel “It is therefore not necessary to provide the current regulating circuit with a separate heat sink since the metal substrate serves as an integrally formed heat sink.” (column 2 lines 12-15). Further Dennis provides generality to features that are not specific to the kettle or shower heating system that provides direct mounting of TRIAC to vessel so that vessel is heat sink, Emphasis added, “(5) SUMMARY OF THE INVENTION (6) According to the present invention there is disclosed heating apparatus comprising a vessel defining a chamber for holding or conducting fluid to be heated and at least one electric heating element arranged to heat a respective heated portion of the vessel wherein the heating element comprises a conductive track of a thick film printed circuit formed on a dielectric layer adhered to a chromium oxide surface layer of a heat treated stainless steel substrate and wherein the metal substrate constitutes the heated portion of the vessel. (7) An advantage of this arrangement is that the heating element is formed integrally with the vessel and it is therefore not necessary to provide a separate structure for supporting the heating element. (8) Preferably the apparatus comprises temperature sensing means comprising a thermistor formed as a conductive track of measurable resistance on the thick film circuit. (9) Preferably the apparatus includes a thermal cut-out connected to the temperature sensing means and arranged to cut off the flow of electric current through the heating element when the temperature sensed by the temperature sensing means exceeds a limiting value. (10) The vessel may further comprise an air duct and blower means operable to provide a flow of air through the duct and wherein at least the heated portion of the vessel is located within the duct whereby the apparatus is operable to supply heated liquid and/or heated air. (11) Such an arrangement is particularly useful in domestic water heaters for showers and the like where the apparatus may also be used to supply hot air to assist drying. It is therefore no longer necessary to provide a separate structure to support a hot air heating element. (12) Preferably the vessel includes an inlet connectable in use to a source of liquid and an outlet for the delivery of heated liquid from the chamber, temperature sensing means operable to sense the temperature of liquid flowing from the outlet, and control means operable to regulate the heating current flowing through the heating element in response to the sensed temperature so as to maintain the temperature at a required value. (13) Since a heating element in accordance with the present invention has an inherently low thermal capacity, it makes it suitable for use in a heating apparatus where temperature of the heated liquid is controlled in a closed feedback loop arrangement. (14) Preferably a current regulating circuit operable to regulate current flowing through the heating element is formed as a thick film circuit on the metal substrate of the heating element. (15) It is therefore not necessary to provide the current regulating circuit with a separate heat sink since the metal substrate serves as an integrally formed heat sink.” (column 1-2 lines 30-15). Additionally in an effort to further prosecution newly cited reference Wroblewski teaches eliminating components/layers between a TRIAC and heating vessel “For example, while a mounting means including a plate sandwiched between the triac and the hot water tank has been shown, it should be appreciated that the triac could be mounted directly to the tank without an intervening mounting member.” (column 11, lines 31-50). Therefore rejection is maintained. Applicant secondly argues (Pages 6-7): Moreover, amended claim 1 clarifies that the switch is adjacent to the printed circuit board. This feature of claim 1 contrasts with Dennis, which specifies that the switch, as part of the regulating circuit 104, is part of the same thick film circuit carrying the heating element 10, where the thick film circuit of Dennis is analogous to the presently recited PCB in the Examiner's rejection. See, e.g., Dennis at col. 8, lines 55- 56 in relation to the kettle 130 of Figures 10-11 - "A current regulating circuit 104 forms part of the thick film circuit..". It also appears that the equivalent switch of Dennis is not directly mounted to the hollow body, as Dennis discloses a number of intermediate layers, including a chromium oxide layer, a first dielectric adhesion layer, one or more further separate coatings, as well as intermediate buffer coatings. See, e.g., Dennis at col. 9, lines 43- 55. This teaching is consistent with the Dennis disclosure that the equivalent switch is applied to the thick film circuit rather than directly to the body of the kettle. However Examiner respectfully disagrees because the Applicants specifications do no provide that the vessel body is of a single material without layers and the heating vessel of Denis anticipates the TRIAC being mounted directly thereto “The kettle 130 comprises a vessel 131 defining an outlet spout 132 and having a removable lid 133 and in this respect resembles a conventional electric kettle. The kettle 130 however is heated by means of a heater assembly 134 comprising a stainless steel plate 135 which forms an integral part of the vessel 131. The plate 135 also constitutes the substrate of a thick film circuit 136 in which a dielectric layer (not shown) is formed on the plate and carries a heating element 10 in the form of a conductive track as shown in FIG. 12 (column 8, lines 45-54). Therefore the rejection is maintained. 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 1 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Dennis (US 5,557,704) in view of Jeong (US 2019/0335546) and Wroblewski (US 6,889,598). Regarding claim 1 Dennis discloses An appliance configured to heat a predetermined volume of liquid, the appliance including: a hollow body (“vessel” 131) providing a chamber (as “kettle” 130) to receive the predetermined volume of liquid, the hollow body having a bottom wall (135) and a side wall (sides of vessel 131) extending upwardly from the bottom wall so as to surround the chamber (in forming kettle 130, see figure 11): an electrical resistance heater (10) applied to a a switch (TRIAC as part of regulating circuit 104, “The current regulating circuit 104 is of the TRIAC type and receives current from a mains supply via conductors 105” (column 6, lines 28-39), more specifically to kettle embodiment “Assembly of the kettle 130 is therefore simpler than in prior art kettles because the circuitry and heating element are integrated onto a single substrate assembly. The current regulating circuit 104 includes a triac circuit enabling the current through the heating element 10 to be continuously varied in order to maintain the water temperature at a required level in the intermediate setting of the control switch 137.” (column 9, lines 16-26)), adjacent the heater (see layouts of figure 11 and 12 having switch 104 adjacent heater 10), that receives electric power and delivers electric power to the heater (nature of TRIAC heater switch), the switch being mounted to the hollow body and located so that heat generated by the switch can be delivered to the predetermined volume of liquid via conduction (direct mounting of heat generating switch to body of liquid heat transferring vessel as functioning heat sink, “Preferably a current regulating circuit operable to regulate current flowing through the heating element is formed as a thick film circuit on the metal substrate of the heating element. It is therefore not necessary to provide the current regulating circuit with a separate heat sink since the metal substrate serves as an integrally formed heat sink.” (column 2, lines 8-15) or as provided in figures 11 and 12 where TRIAC 104 mounts to bottom of vessel of kettle), and wherein the switch is mounted directly to the hollow body to inhibit heat transfer by conduction between the heater and switch (as disclosed above, the switch placement is optimized to direct excess heat to the fluid medium of the vessel (column 2, lines 8-15)). Dennis is silent regarding wherein the circuit board is a printed circuit board that is mounted to the target heated substrate. However Jeong teaches (Fig-8-9) a printed circuit board (100) with heating element (310), that is mountable to heat substrate (200, “the heat generation circuit portion 300 is formed by applying a copper-based hot wire 310 to the FPCB substrate 100 and accordingly has excellent heating performance.” [0045]). The advantage of a printed circuit board with heating element, that is mountable to heat substrate, is to provide a manufacturing and or assembly process of a substrate heater with simplification/cost reduction, by having the heater and other electronic heat sensitive components attached to a single heating substrate mountable PCB “a heat generation circuit portion 300 and the light emission circuit portion 400 are provided on one substrate 100, and accordingly a manufacturing process can be simplified and manufacturing cost can be saved. In addition, the heat generation circuit portion 300 and a wire harness of the light emission circuit portion 400 can be integrally formed, thereby simplifying an assembly process.” [0059], with attention to limiting heat transfer between heater and other electronic components of the board “the heat generation circuit portion 300 and the light emission circuit portion 400 are provided in one substrate 100 as shown in FIG. 5, but the through-hole 110 is provided in the substrate 100 to prevent heat from the heat generation circuit portion 300 from dispersing to the light emission circuit portion 400. Such an effect due to existence of the through-hole 110 can be observed in the graph of FIG. 6.” [0039]. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Dennis and Jeong before him or her, to modify the processing applied heater of Dennis with the pre-manufactured mountable PCB of Jeong, because a PCB based heating system provides simplification and or cost reduction to manufacturing and or assembling while limiting heater transfer between other electronic components of the heater board. Additionally Wroblewski Teaches the direct mounting of TRIAC to vessel being heated “For example, while a mounting means including a plate sandwiched between the triac and the hot water tank has been shown, it should be appreciated that the triac could be mounted directly to the tank without an intervening mounting member.” (column 11, lines 31-50). The advantage of directly mounting a TRIAC to a vessel being heated is to eliminate the heat sink and directly transfer the waste heat from TRIAC directly to heated vessel “For example, while a mounting means including a plate sandwiched between the triac and the hot water tank has been shown, it should be appreciated that the triac could be mounted directly to the tank without an intervening mounting member.” (column 11, lines 31-50). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Dennis as already modified and Wroblewski before him or her, to modify the TRIAC attached to a layer of the heated vessel of Dennis with the direct to heated vessel attachment of TRIAC of Wroblewski, because Directly attaching a TRIAC to a heated vessel provides the function of a heatsink efficiently pulling heat from the TRIAC to vessel to be heated. Regarding claim 6, Dennis as modified discloses the appliance of claim 1, Dennis as already modified teaches (Fig-11-12) wherein the switch (104) is mounted on the bottom wall (see figures 11 and 12 providing temperature regulating TRIAC 104 at a base of the kettle so that conductive heat transfer can occur as substrate/kettle is anticipated to function as heatsink “Preferably a current regulating circuit operable to regulate current flowing through the heating element is formed as a thick film circuit on the metal substrate of the heating element. It is therefore not necessary to provide the current regulating circuit with a separate heat sink since the metal substrate serves as an integrally formed heat sink.” (column 2, lines 8-15)). Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Spencer H Kirkwood whose telephone number is (469)295-9113. The examiner can normally be reached 12:00 am - 9:00 pm Eastern. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Spencer H. Kirkwood/ Examiner, Art Unit 3761 /STEVEN W CRABB/ Supervisory Patent Examiner, Art Unit 3761
Read full office action

Prosecution Timeline

Nov 23, 2020
Application Filed
Jun 02, 2021
Response after Non-Final Action
Apr 19, 2024
Non-Final Rejection — §103
Jul 22, 2024
Response Filed
Oct 24, 2024
Final Rejection — §103
Mar 28, 2025
Request for Continued Examination
Mar 31, 2025
Response after Non-Final Action
Apr 15, 2025
Non-Final Rejection — §103
Aug 18, 2025
Response Filed
Sep 29, 2025
Final Rejection — §103
Dec 10, 2025
Examiner Interview Summary
Dec 10, 2025
Applicant Interview (Telephonic)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12598677
HIGH-FREQUENCY HEATING APPARATUS
2y 5m to grant Granted Apr 07, 2026
Patent 12540733
COOKING APPARATUS
2y 5m to grant Granted Feb 03, 2026
Patent 12501928
MULTIPLE DISPERSION GENERATOR E-VAPING DEVICE
2y 5m to grant Granted Dec 23, 2025
Patent 12484120
MICROWAVE TREATMENT DEVICE
2y 5m to grant Granted Nov 25, 2025
Patent 12439962
MULTIPLE DISPERSION GENERATOR E-VAPING DEVICE
2y 5m to grant Granted Oct 14, 2025
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

5-6
Expected OA Rounds
51%
Grant Probability
64%
With Interview (+13.0%)
4y 0m
Median Time to Grant
High
PTA Risk
Based on 238 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month