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 .
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.
The Supreme Court in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness which are consistent with the proper “functional approach” to the determination of obviousness as laid down in Graham. The key to supporting any rejection under 35 U.S.C. 103 is the clear articulation of the reason(s) why the claimed invention would have been obvious. The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit.
EXEMPLARY RATIONALES
Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Claim(s) 1-11, 13-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Long et al. (US 2015/0289320A1) in view of Von Arx et al. (US 6337470) and Clark et al. (US 1849175) and/or further in view of Chrysochoos et al. (US 5824993).
Long discloses in reference to claim:
1. A heater system comprising:
a heater bundle comprising:
a plurality of heater assemblies 90,
PNG
media_image1.png
358
984
media_image1.png
Greyscale
at least one of the heater assemblies 90 comprising a plurality of heater units (see figures 5 and 6 showing parallel heaters 62/64, and 72/74/76,
PNG
media_image2.png
958
818
media_image2.png
Greyscale
PNG
media_image3.png
569
998
media_image3.png
Greyscale
at least one heater unit 62, 64 or 72, 74, 76 having an controlled heating zone, and the at least one heater unit comprising a physical construction (see figures 5 and 6) such that the one of the plurality of heater units 62 has a structure different from that of an adjacent one of the plurality of heater units 64 due to presence of the physical construction and such that the physical construction causes the one of the plurality of heater units 62 to deliver a variable power output different from that of the adjacent one of the plurality of heater units 64; heater units 62, 64 are configured to deliver a variable power output per unit length along a length of the at least one heater assembly;
a plurality of power conductors 66/68, 78/80 electrically connected to the plurality of heater unit,
means (implied but undisclosed) for determining temperature; and
a power supply device including a controller (implied but undisclosed) configured to modulate power to the independently controlled heating zone through the power conductors based on the determined temperature to provide a desired power output along a length of the at least one heater assembly.
Long discloses a plurality of heater assemblies 90, each or at least one of the heater assemblies being comprised of a plurality of heater units (see figures 5 and 6), and still further that the plurality of heater units have a plurality of heater zones—based on the change of pitch of the heating conductors shown in figure 5 and 6 and further in figure 2.
Long does not explicitly disclose that each, or at least one of the heater assemblies comprised of plurality of heater units having a plurality heating zones includes a plurality of independently controlled heating zones, or that each of the plurality of heater units including a core body and a resistive heating element surrounding the core body.
Von Arx teaches a heating element similar to Long in having a construction including a resistive wire 124 provided within a sheath 112 and further wherein the resistive wire is wound about a core body 122. Von Arx teaches electric resistance heaters are common place in industry, and generally comprise a resistance wire, through which an electric current is passed, a ceramic core, around which the same wire is disposed, a dielectric ceramic layer, which surrounds the current-carrying core, and a metal alloy sheath to complete the assembly.
PNG
media_image4.png
974
759
media_image4.png
Greyscale
It would have been obvious to one of skill in the art to provide the commonly used ceramic core to support the heating wire described by Long such that the desired shape is more easily maintained when providing the surrounding dielectric layer 34 taught by Long.
Clark discloses a fluid heating device similar to Long, wherein at least one heater assembly 27 is comprised of a plurality of heater units (A,B, C) having a plurality of independently controlled heating zones (A,B, C). See Fig. 1 of Clark
PNG
media_image5.png
619
472
media_image5.png
Greyscale
Regarding the undisclosed means for determining temperature and the power supply device including a controller, generally Long discloses a resistance element for use in a heater comprising: a resistance coil having a continuously variable pitch extending from a first zone along a length of the resistance coil to the second end portion, wherein the continuously variable pitch provides a variable watt density such that a predetermined temperature profile is provided to a heating target.
It is noted that although Long is silent on the specific control to the heating elements, Long discusses that a predetermined temperature profile [along the sheath] is desired. It is well known in the art of fluid heating to provide a means for determining temperature; and still further a power supply device including a controller configured to modulate power to heating means based on the sensed temperature in order to provide a desired temperature of heated fluid—i.e. a predetermined temperature profile. See as evidence of such common knowledge, Thewatt, Jr. (US 6080973) and/or Rochelle (US 6643454). One of skill in the art of fluid heating having the common knowledge as discussed would be obviously inclined to include temperature sensing control of the heating elements as claimed to assure the predetermined temperature profile is accurately provided.
Note Clark teaches a heater assembly comprised of multiple heater units connected at one end 35 and independently connected at the opposite ends 36, 37, 38 such that independent control of the heater units is possible. It would have been obvious to the artisan to modify the construction of the heating assembly 90 of Long by connecting one end –e.g. 66 – of each of the heating units 62, 64 to a power supply and further, in view of Clark, to independently connect the opposite ends of the heating units 62, 64 such that independent control of the heating units 62 64 is achieved.
It would have been further obvious to one of skill in the art to modify the Long device as modified by Von Arx such that each of, or at least one of the heater assemblies 90 were modified by the teachings of Clark thereby creating a device having multiple heater assemblies each having multiple independently controlled heating zones such that the heating profile can be more specifically tailored to the design requirements. Note that the inclusion of the independently controlled heating zones as taught by Clark within the heater assemblies 90 of Long would provide a physical construction that is configured to cause one of the heater units to deliver a variable power output different from an adjacent one of the plurality of heater units.
2. The heater system according to Claim 1, wherein the physical construction comprises a resistive heating element within the one of the plurality of heater units having a variable pitch. See Figs. 5 and 6
3. The heater system according to Claim 2, wherein the variable pitch is continuously variable along a length of the resistive heating element. See Figs. 5 and 6
4. The heater system according to Claim 1, wherein the physical construction comprises a resistive heating element within the one of the plurality of heater units having a variable cross-sectional area wherein the variable cross- sectional area comprises portions with different wire diameters or a wire diameter that is continuously variable along a length of the resistive heating element. See Figs. 2- 6 showing a known means of providing a variable resistance along the heating element. It is also generally known that a variable resistance can be provided by altering the diameter of the resistance wire, as evidenced by Chrysochoos. Chrysochoos discloses as depicted in FIG. 2, the heating conductors 36 may be tapered to thinner heating conductor sections 38a and 38b at positions directly at or near each wiper blade. Tapering can be achieved by methods well known in the screen printing art, if the heating conductors 36 are formed from ceramic materials. Alternatively, wire can be tapered to a thinner diameter or two wires of differing diameters can be bonded together. The thinner heating conductor sections 38a and 38b have a higher resistance per inch than the remaining heating conductor sections, and therefore, will generate more heat where needed .
It would therefore have been obvious to one of skill in the art to modify the Long device to additionally and/or alternatively provide sections of the resistance heating wire that include portions with different wire diameters or a wire diameter that is continuously variable along a length of the resistive heating element, in order to provide a desired level of heat where needed.
5. The heater system according to Claim 1, wherein the physical construction comprises a resistive heating element 50 within the one of the plurality of heater units having a variable cross-sectional area and a variable pitch. wherein the variable cross- sectional area comprises portions with different wire diameters or a wire diameter that is continuously variable along a length of the resistive heating element. See Figs. 2- 6 showing a known means of providing a variable resistance along the heating element. It is also generally known that a variable resistance can be provided by altering the diameter of the resistance wire, as evidenced by Chrysochoos. Chrysochoos discloses as depicted in FIG. 2, the heating conductors 36 may be tapered to thinner heating conductor sections 38a and 38b at positions directly at or near each wiper blade. Tapering can be achieved by methods well known in the screen printing art, if the heating conductors 36 are formed from ceramic materials. Alternatively, wire can be tapered to a thinner diameter or two wires of differing diameters can be bonded together. The thinner heating conductor sections 38a and 38b have a higher resistance per inch than the remaining heating conductor sections, and therefore, will generate more heat where needed .
It would therefore have been obvious to one of skill in the art to modify the Long device to additionally and/or alternatively provide sections of the resistance heating wire that include portions with different wire diameters or a wire diameter that is continuously variable along a length of the resistive heating element, in order to provide a desired level of heat where needed.
PNG
media_image6.png
565
969
media_image6.png
Greyscale
6. The heater system according to Claim 1, wherein the physical construction comprises a plurality of parallel circuits within the one of the plurality of heater units with different values of resistance
. See fig. 2-6 Note that Long teaches different values of overall resistance for each of the parallel circuits in figures 5-6 since they traverse different overall path lengths.
7. The heater system according to Claim 1, wherein the physical construction is provided in more than one of the plurality of heater units. Long discloses the use of a plurality of heating units and the use of the disclosed variable pitched heating element in each of the heating units as desired.
8. The heater system according to Claim 1 wherein the physical construction comprises a composite heating element including a material with a variable electrical resistivity along a length of the composite heating element, the composite heating element having a higher electrical resistivity proximate an adjacent heater unit or an end portion of the at least one heater assembly and a lower electrical resistivity proximate another opposed adjacent heater unit. See fig. 4 showing higher resistivity (based on surface area) on one end than on the opposed end. Further note that one of skill in the art would know at least from the teaching of Chrysochoos, that the variable resistance provided by the construction of Long figure 4 can be achieved by varying the diameter of the resistance wire either additionally or alternately to size difference, leading to a heating element including a material with a variable electrical resistivity (from a varying diameter) along a length of the composite heating element, the composite heating element
9. The heater system according to Claim 1, wherein the physical construction is provided in more than one of the heater assemblies. Long discloses the use of a plurality of heating units and the use of the disclosed variable pitched heating element in each of the heating units as desired. The disclosure of Long would lead one of skill to understand the use of the variable pitched heating means in either the individual heater units or heating assemblies.
10. The heater system according to Claim 1, wherein at least one heater assembly from among the plurality of the heater assemblies is a cartridge heater. comprising the core body, a resistive heating wire wrapped around the core body, a_ metal sheath enclosing the core body and the resistive heating wire therein, and_an insulating material filling in a space in the metal sheath to electrically insulate the resistive heating wire from the metal sheath and to thermally conduct heat from the resistive heating wire to the metal sheath. The term cartridge heater does not convey a specific structure. Looking to the specification-- A fluid heater may be in the form of a cartridge heater, which has a rod configuration to heat fluid that flows along or past an exterior surface of the cartridge heater. Long discloses a rod configuration. Note Von Arx teaches the claimed structure of a heater_comprising the core body, a resistive heating wire wrapped around the core body, a_ metal sheath enclosing the core body and the resistive heating wire therein, and_an insulating material filling ina space in the metal sheath to electrically insulate the resistive heating wire from the metal sheath and to thermally conduct heat from the resistive heating wire to the metal sheath.
11. The heater system according to Claim 1, wherein the physical construction comprises the one of the plurality of heater units having a cross-sectional area that is different from adjacent heater units. Note that long discloses many embodiments of heaters having varying pitch and capable of providing a desired temperature profile wherein the resistive heating element comprises portions with different_wire diameters or a_ wire diameter that_is continuously variable along a length of the resistive heating element.
One of skill in the art would understand Long to disclose the use of heating configurations that comprise at least one heater unit having a cross-sectional area that is different from adjacent heater units as may be required to achieve the desired temperature profile. See Figs. 2- 6 showing a known means of providing a variable resistance along the heating element. It is also generally known that a variable resistance can be provided by altering the diameter of the resistance wire, as evidenced by Chrysochoos. Chrysochoos discloses as depicted in FIG. 2, the heating conductors 36 may be tapered to thinner heating conductor sections 38a and 38b at positions directly at or near each wiper blade. Tapering can be achieved by methods well known in the screen printing art, if the heating conductors 36 are formed from ceramic materials. Alternatively, wire can be tapered to a thinner diameter or two wires of differing diameters can be bonded together. The thinner heating conductor sections 38a and 38b have a higher resistance per inch than the remaining heating conductor sections, and therefore, will generate more heat where needed .
It would therefore have been obvious to one of skill in the art to modify the Long device to additionally and/or alternatively provide sections of the resistance heating wire that include portions with different wire diameters or a wire diameter that is continuously variable along a length of the resistive heating element, in order to provide a desired level of heat where needed.
13. The heater system according to Claim 1, wherein the physical construction comprises a composite heating element including a material having a variable electrical resistivity. See fig. 4 showing higher resistivity (based on surface area) on one end than on the opposed end. Further note that one of skill in the art would know at least from the teaching of Chrysochoos, that the variable resistance provided by the construction of Long figure 4 can be achieved by varying the diameter of the resistance wire either additionally or alternately to size difference, leading to a heating element including a material with a variable electrical resistivity (from a varying diameter) along a length of the composite heating element, the composite heating element
14. The heater system according to Claim 13, wherein the variable electrical resistivity comprises a higher electrical resistivity proximate an adjacent heater unit or an end portion of the at least one heater assembly and a lower electrical resistivity proximate an opposed adjacent heater unit.
Note that the variable pitch in Zone A is higher than in Zone C.
15. An apparatus for heating fluid comprising:
a sealed housing 102 defining an internal chamber and having a fluid inlet 106 and a fluid outlet 108; and the heater system according to Claim 1, the heater bundle being disposed within the internal chamber of the housing, wherein the heater bundle is adapted to provide a responsive heat distribution(temperature profile) to a fluid within the housing.
16. A heater system comprising:
a heater bundle comprising:
a plurality of heater assemblies, at least one of the heater assemblies comprising a plurality of heater units having a plurality of independently controlled heating zone, each of the plurality of heater units including a core body and a resistive heating element surrounding the core body, and the at least one heater assembly comprising a physical construction disposed at one of the plurality of heater units such that the one of the plurality of heater units has a structure different from that of an adjacent one of the plurality of heater units due to presence of the physical construction and such that the physical construction causes the one of the plurality of heater units to deliver a power output different from that of the adjacent one of the plurality of heater units; and
a plurality of power conductors electrically connected to the heater units;
means for determining at least one of heating conditions and heating requirements; and
a power supply device including a controller configured to modulate power to the independently controlled heating zone through the power conductors based on the at least one of heating conditions and heating requirements to provide a desired power output along a length of the at least one heater assembly. See claim 1 mutatis mutandis
17. The heater assembly according to Claim 16, wherein the at least one of heating conditions and heating requirements are selected from the group consisting of life of the heater units, reliability of the heater units, sizes of the heater units, costs of the heater units, heater flux, characteristics (wattage density) and operation of the heater units, power output, power input, and total heat generated.
18. An apparatus for heating fluid comprising:
a sealed housing 102 defining an internal chamber and having a fluid inlet 106 and a fluid outlet; 108 andthe heater system according to Claim16, the heater assembly being disposed within the internal chamber of the housing, wherein the heater assembly is adapted to provide a responsive heat distribution (temperature profile) to a fluid within the housing.
19. A heater system comprising:
a heater assembly comprising a plurality of heater units, at least one heater unit having a plurality of independently controlled heating zones, each of the plurality of heater units including a core body and a resistive heating element surrounding the core body, and the heater assembly comprising a physical construction disposed at one of the plurality of heater units such that the one of the plurality of heater units has a structure different from that of an adjacent one of the plurality of heater units due to presence of the physical construction and such that the physical construction causes the one of the plurality of heater units to deliver a power output different from that of the adjacent one of the plurality of heater units; and a power supply device including a controller configured to modulate power to the independently controlled heating zone through the power conductors based on at least one of heating conditions and heating requirements to provide a desired power output along a length of the heater assembly. See claim 1, mutatis mutandis.
20. The heater system according to Claim 19 further comprising a means for determining temperature.
See claim 1, mutatis mutandis.
21. The heater system according to Claim 19 further comprising a means for determining heating conditions (means are required to provide the predetermined temperature profile) or heating requirements.
22. An apparatus for heating fluid comprising:
a sealed housing 102 defining an internal chamber and having a fluid inlet 106 and a fluid outlet 108; and the heater system according to Claim 19, the heater assembly being disposed within the internal chamber of the housing, wherein the heater assembly is adapted to provide a responsive heat distribution (temperature profile) to a fluid within the housing.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Long et al. (US 2015/0289320A1) in view of Clark et al ( US 1849175) and further in view of DeAgelis et al. (US 2005/0067405A1) .
Long in view of Clark discloses the claimed invention except in reference to claim:
12. The heater system according to Claim 1, wherein the heater units include a plurality of resistive heating elements, wherein at least one of the resistive heating elements functions as a sensor.
DeAngelis discloses a flexible heater usable in a device employing a resistive heating means
intended to be controlled based on temperature, similar to the device disclosed by Clark, wherein the heater assemblies include resistive heating wires, wherein at least one of the resistive heating wires functions as a sensor.
Long discloses a generic control for providing a predetermined temperature profile, the use of temperature sensing being obvious to one of skill as discussed above. DeAngelis discloses a suitable means for controlling the heating unit including wherein at least one of the resistive heating wires functions as a sensor. One of skill in the art would find it obvious to modify the Long device to include the self-regulating heaters as taught by DeAngelis at least as a redundant means of passive temperature control.
Response to Arguments
Applicant’s arguments with respect to Claims 1, 4-6, 8, 10, 11, 13, 16, and 19 have been considered but are not persuasive in light of the new grounds of rejection above.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
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, Ibrahime Abraham can be reached on 5712705569. 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.
/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
tsc