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.
Claims 1-3, 5-6, and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Hodgson (US20160146082) in view of Wildegger (US8301020) and Bruck (US8978361).
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Fig. 2of Hodgson
Regarding claim 1, the embodiment of Fig. 2 of Hodgson teaches a heating device for installation in a vehicle tank for reducing agent, which is introduced into an exhaust tract of a motor vehicle for exhaust gas aftertreatment ([0003] The module can be used, in particular, in a motor vehicle, in order to meter a liquid additive for exhaust gas purification from a supply tank into an exhaust gas treatment apparatus), comprising:
at least one electrical heating element (13), the at least one electrical heating element includes at least one PTC heating element ([0025, 0063] Figs. 1 and 2 heating element 13, Heating elements can be, for example, electric heating wires and/or heating lines and/or PTC heaters which are injection-molded, cast and/or let into the hood);
a heat distribution body (8) formed from a first material which has a first thermal conductivity ([0019, 0065] FIG. 2, the hood 8 is produced from plastic, plastic known to have a thermal conductivity),
the PTC heating element (13) arranged in thermally conductive contact with the heat distribution body (hood 8 having heat distributing structure 31) such that the heat distribution body is configured to transport and release heat generated by the PTC heating element ([0065] Fig. 2 heat distributing structure 31 is likewise in contact with an (individual and electrically controllable) heating element 13, heat distributing structure 31 being part of the hood 8);
the heat distribution body separating a drying space from the inner region of the vehicle tank (Col. 8 lines 10-20 module 1 in each case has a (“dry”) chamber 5 that is separated from the interior 4 of the tank; chamber 5 is in each case surrounded by a hood 8),
the heat distribution body (8 [00065] according to Fig. 2 the hood 8 and the chamber wall 7 of the chamber 5 are produced so as to be integrated with one another) further comprising:
a circumferential collar-like contact section (25) arranged against the bottom of the vehicle tank (Fig. 2, 6);
a cylindrical wall (7) integrally formed with the circumferential collar-like contact section (25) and in contact with the vehicle tank (4);
and a heat conduction device (35) is arranged on the heat distribution body ([0065] Fig. 2 heat distributing structure 31 in contact with an heating element 13 situated in the chamber 5, by way of which heat can be distributed in the hood 8);
the heat conduction device (35) further comprising:
a coupling element (35), the coupling element (35) disposed between the at least one electrical heating element (13) and a portion of the heat distribution body (8, Fig. 10 the metallic element 35 between 8, the heat distribution body, and 13, the electrical heating element),
a plurality of thermal insulation layers (7, 11),
at least one of the plurality of thermal insulation layers (11) which is arranged at least in some regions on the surface of the cylindrical wall (7) of the heat distribution body (8) facing the inner region of the vehicle tank (4, where portions of wall 7 are in contact with insulation 11),
and another of the plurality of thermal insulation layers (7, Col. 2 lines 55-60 chamber wall being made of plastic, taken to be the equivalent of a thermal insulation) arranged on a surface of the heat distribution body (8) facing the drying space (5, Fig. 2 chamber wall 7 in contact with hood 8);
wherein the heat conduction device (35) is formed from a second material ([0074] metal contact plate 35 being different than hood 8) which has a second thermal conductivity different from the first thermal conductivity ([0025, 0065] Fig. 2 hood of this type which is made from plastic is preferably produced by way of an injection molding process, hood 8 is produced from plastic, and Heat distribution structures can be, for example, wires and/or other metal structures (for example, metal sheets, inserts, etc.), heat distributing structure 31, plastic and metal structures are known to have different thermal conductivities)
and the heat conduction device (35) distributes heat from the PTC heating element in a targeted manner within the heat distribution body ([0018] The hood can be heated. This means that heat can be generated in some way in the hood (in an active and/or targeted manner).
The embodiment of Fig. 2 of Hodgson does not show the coupling element disposed between the at least one electrical heating element and a portion of the heat distribution element, a circumferential collar-like contact section arranged on the outside in a sealing manner against the vehicle tank, and the outer diameter of the circumferential collar-like contact section is larger than an inner diameter of an opening of the vehicle tank into which the heat distribution body extends, the heat conduction device further comprising: at least one heat conduction element which is arranged at least in some regions within the heat distribution body; wherein the heat conduction element is designed to prevent or at least to reduce the release of heat to the environment of the heat distribution body.
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Fig. 1 of Hodgson
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Fig. 10 of Hodgson
The embodiment of Fig. 1 and Fig. 10 of Hodgson shows a coupling (35) element between the electrical heating element (13) and a portion of the heat distribution body (hood 8 having heat distribution body structure 31).
It would have been obvious to modify the embodiment of Fig. 2 of Hodgson with the teachings of the embodiment of Fig. 1 of Hodgson to have a coupling element between the electrical heating element and a portion of the heat distribution body in order to make thermal conduction from the heating element and the hood, having the heat distribution body, be possible (Hodgson [0074]). Additionally, applicant has placed no criticality on the claimed arrangement above, and given the teachings of Hodgson, a rearrangement of the coupling element to be between the electrical heating element and a portion of the heat distribution body would be understood to perform equally well given that Hodgson discloses the location of the coupling element, in both embodiments of Fig.1 and Fig. 2, being suitable embodiments for performing the same intended function, so the arrangement of the coupling element between the electrical heating element and a portion of the heat distribution body does not seem critical to the function of the heating device nor does the arrangement produce an unexpected result.
The embodiments of Fig. 1 of Hodgson and Fig. 2 of Hodgson are silent on a circumferential collar-like contact section arranged on the outside in a sealing manner against the vehicle tank, and the outer diameter of the circumferential collar-like contact section is larger than an inner diameter of an opening of the vehicle tank into which the heat distribution body extends, the heat conduction device further comprising: at least one heat conduction element which is arranged at least in some regions within the heat distribution body; wherein the heat conduction element is designed to prevent or at least to reduce the release of heat to the environment of the heat distribution body.
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Fig. 5 of Wildegger
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Fig. 6 of Wildegger
Wildegger teaches a circumferential collar-like contact section (Col. 12 lines 5-25 opening of the housing part 24 a, the cylindrical external wall passes over into an annular area. The annular area forms a broad support surface; with housing part 24b Fig. 5) arranged on the outside in a sealing manner against the vehicle tank (2), and the outer diameter of the circumferential collar-like contact section (annular area of housing part 24 a and 24b) is larger than an inner diameter of an opening (7 d) of the vehicle tank (2), into which the heat distribution body extends (Fig. 6).
Hodgson and Wildegger are considered to be analogous to the claimed invention because they are in the same field of heating devices. It would have been obvious to have modified the heat distribution body that is arranged against the bottom of the vehicle tank, as taught by Hodgson, to include a collar like contact section arrange on the outside in a sealing manner against the vehicle tank, which has a larger diameter than the opening of the vehicle tank of which the heat distribution body extends as taught by Wildegger so that the heat distribution body may be externally sealed and connected to the vehicle tank such that a modular function may be provided to the heating assembly and vehicle tank (Wildegger Col. 6 lines 50-65).
The embodiment of Fig. 2 of Hodgson, the embodiment of Figs. 1 and 10 of Hodgson, amd Wildegger are silent on the heat conduction device further comprising: at least one heat conduction element which is arranged at least in some regions within the heat distribution body; wherein the heat conduction element is designed to prevent or at least to reduce the release of heat to the environment of the heat distribution body.
Bruck teaches at least one heat conduction element which is arranged at least in some regions within the heat distribution body (Col. 4 lines 60-65 heat sink 11 formed in line device 10); wherein the heat conduction element is designed to prevent or at least to reduce the release of heat to the environment of the heat distribution body (Col. 4 lines 60-67, Col. 5 lines 1-5 adjacent the zones with the heat sink, the line device is constructed in such a way that it cools down at a slowed rate. The thermal insulation may be a constituent part of the wall of the line device. It is, however, also possible for the thermal insulation to be provided on the outside and/or the inside of the line device).
The embodiment of Fig. 2 of Hodgson, the embodiment of Figs. 1 and 10 of Hodgson, Wildegger, and Bruck are considered to be analogous to the claimed invention because they are in the same field of heating devices. It would have been obvious to have modified the embodiment of Fig. 2 of Hodgson, the embodiment of Figs. 1 and 10 of Hodgson, and Wildegger to incorporate the teachings of Bruck to have a heat conduction element in some regions within the heat distribution body to release heat in order to realize defined cooling of the reducing agent and a targeted pressure build-up within the line device (Bruck Col. 4 lines 60-67).
Regarding claim 2, the embodiment of Fig. 2 of Hodgson, the embodiment of Figs. 1 and 10 of Hodgson, Wildegger, and Bruck teach the heating device of claim 1, and the embodiment of Fig. 2 of Hodgson teaches further comprising: a contact surface being part of the heat distribution body, the PTC heating element located on a portion of the contact surface ([0064] Fig. 2 heating element 13 is in contact with the hood 8, contact surface shown as element B in annotated figure below); a side surface being part of the PTC heating element, the side surface facing the contact surface ([0064] Fig. 2 heating element 13 is in contact with the hood 8, side surface shown as element C in annotated figure below); and a coupling element (35) being part of the heat conduction device (31).
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Annotated Fig. 2 of Hodgson
The embodiment of Fig. 2 of Hodgson does not teach the coupling element arranged directly between the side surface and the contact surface wherein the second material of the coupling element has a higher second thermal conductivity than the first thermal conductivity
However, the embodiment of Figs. 1 and 10 of Hodgson teaches the coupling element arranged directly between the side surface and the contact surface (0074] According to the embodiment of detail A from FIG. 1 in FIG. 10, a metallic contact plate 35 is integrated into the chamber wall 7, which metallic contact plate 35 makes thermal conduction from the heating element 13 to the hood 8 possible.); wherein the second material of the coupling element has a higher second thermal conductivity than the first thermal conductivity ([0025, 0071, 0074] Fig. 10 showing how the detail A from FIG. 1 can be configured, metallic contact plate 35 and hood of this type which is made from plastic, metal having higher thermal conductivity than plastic).
It would have been obvious to modify the embodiment of Fig. 2 of Hodgson and Wildegger with the teachings of the embodiment of Fig. 1 of Hodgson to have a coupling element between the side surface and the contact surface and to have the coupling element have a higher thermal conductivity than a first thermal conductivity in order to make thermal conduction from the heating element and the hood, having the heat distribution body, be possible (Hodgson [0074]).
Regarding claim 3, the embodiment of Fig. 2 of Hodgson, the embodiment of Figs. 1 and 10 of Hodgson, Wildegger, and Bruck teach the heating device of claim 2, but the embodiment of Fig.2 and Wildegger do not teach the coupling element further comprising a metal body.
The embodiment of Figs. 1 and 10 of Hodgson the coupling element further comprising a metal body ([0071, 0074] Fig. 10 showing how the detail A from FIG. 1 can be configured, metallic contact plate 35).
It would have been obvious to modify the embodiment of Fig. 2 of Hodgson and Wildegger with the teachings of the embodiment of Fig. 1 of Hodgson to have a coupling element be a metal body in order to make thermal conduction from the heating element and the hood, having the heat distribution body, be possible (Hodgson [0074]).
Regarding claim 5, the embodiment of Fig. 2 of Hodgson, the embodiment of Figs. 1 and 10 of Hodgson, Wildegger, and Bruck teach the heating device of claim 2, but the embodiment of Fig. 2 of Hodgson and Wildegger are silent on the coupling element further comprising a metal sheet.
The embodiment of Figs. 1 and 10 of Hodgson the coupling element further comprising a metal sheet ([0071, 0074] Fig. 10 showing how the detail A from FIG. 1 can be configured, metallic contact plate 35).
It would have been obvious to modify the embodiment of Fig. 2 of Hodgson and Wildegger with the teachings of the embodiment of Fig. 1 of Hodgson to have a coupling element be a metal sheet in order to make thermal conduction from the heating element and the hood, having the heat distribution body, be possible (Hodgson [0074]).
Regarding claim 6, the embodiment of Fig. 2 of Hodgson, the embodiment of Figs. 1 and 10 of Hodgson, Wildegger, and Bruck teach the heating device of claim 1, and the embodiment of Fig. 2 of Hodgson the heat conduction device further comprising: wherein the second material of the at least one thermal insulation layer has a lower second thermal conductivity than the first thermal conductivity ([0021] plastic layer is so thin that sufficient thermal conductivity from the metallic material of the hood into the liquid in the tank is possible).
Regarding claim 8, the embodiment of Fig. 2 of Hodgson, the embodiment of Figs. 1 and 10 of Hodgson, Wildegger, and Bruck but the embodiment of Fig. 2 of Hodgson and Wildegger do not teach first material further comprising aluminum ([0035] hood produced from aluminum).
The embodiment of Figs. 1 and 10 of Hodgson first material further comprising aluminum ([0035] hood produced from aluminum).
It would have been obvious to modify the embodiment of Fig. 2 of Hodgson and Wildegger with the teachings of the embodiment of Fig. 1 of Hodgson to have the first material be aluminum since aluminum is light and makes satisfactory thermal conduction possible (Hodgson [0019]).
Regarding claim 9, the embodiment of Fig. 2 of Hodgson, the embodiment of Figs. 1 and 10 of Hodgson, Wildegger, and Bruck teach the heating device of claim 1, and the embodiment of Fig. 2 of Hodgson teaches wherein the heat distribution body is substantially pot-shaped ([0014] Figs. 3-6 hood 8 and chamber 5 shown to be pot shaped).
Regarding claim 10, the embodiment of Fig. 2 of Hodgson, the embodiment of Figs. 1 and 10 of Hodgson, Wildegger, and Bruck the heating device of claim 1, and the embodiment of Fig. 2 of Hodgson teaches wherein the vehicle tank is part of a motor vehicle, and the vehicle tank stores a reducing agent which is introduced into an exhaust tract of the motor vehicle for exhaust gas aftertreatment ([0049] a tank and the module is connected via a line to an addition apparatus for the addition of the liquid additive (urea/water solution) to the exhaust gas treatment apparatus).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hodgson (US20160146082), Wildegger (US8301020), and Bruck (US8978361) as applied to claim 2 above, and further in view of Gerlach (DE 102009047647) with citations made to attached machine translations.
Regarding claim 4, the embodiment of Fig. 2 of Hodgson, the embodiment of Figs. 1 and 10 of Hodgson, Wildegger, and Bruck teach the heating device of claim 2, but are silent on the coupling element further comprising a metal foil.
Gerlach teaches the coupling element further comprising a metal foil ([0013] a metal foil with a high thermal conductivity is provided between the tank container and the PTC element).
The embodiment of Fig. 2 of Hodgson, the embodiment of Figs. 1 and 10 of Hodgson, and Wildegger, Bruck, and Gerlach are considered to be analogous to the claimed invention because they are in the same field of heating devices. It would have been obvious to have modified the embodiment of Fig. 2 of Hodgson, the embodiment of Figs. 1 and 10 of Hodgson, and Wildegger to incorporate the teachings of Gerlach to have a coupling device be a metal foil in order to provide good thermal coupling of the PTC element to the tank container to be provided (Gerlach [0013]).
Response to Arguments
Applicant's arguments filed 2/11/2026 have been fully considered but they are not persuasive.
Regarding applicant’s amendment, upon further search and consideration, the amended limitations of claim 1 are found in reference Hodgson (US20160146082) of the embodiment of Fig. 2.
Regarding applicant’s amendments to independent claim 1, from previous claim 7, upon further consideration, the limitation is still understood to be taught by Bruck (US8978361). Additionally, it appears that primary reference Hodgson (US20160146082) may also teach the limitation in [0065], which teaches “a heat distributing structure 31, by way of which heat can be distributed in the hood 8,” where the heat conduction element would be Hodgson’s element 31, which is understood to distribute heat while reducing an amount released surrounding the hood 8 of Hodgson in a targeted manner as in [0041] of Hodgson.
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 ABIGAIL RHUE whose telephone number is (571)272-4615. The examiner can normally be reached Monday - Friday, 10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at (571) 270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABIGAIL H RHUE/Examiner, Art Unit 3761 6/2/2026
/WOODY A LEE JR/Primary Examiner, Art Unit 3761
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