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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/25/2025 has been entered.
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 2, 11 and 23 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.
In claim 2, there is no antecedent basis for “the extension part that is folded” or “the folded extension parts”.
In claim 11, there is no antecedent basis for “at least the first terminals of the plurality of heating elements”. Claim 11 depends from claim 6, which recites “at least first and second terminals”. It is suggested that claim 11 recite “the at least first terminal” or “ the at least first and second terminals”.
Claim 23, which depends from claim 6, recites “first and second terminals” without referring back to the terminals recited in claim 6 such that it is not definite if claim 23 is referring to the terminals of claim 6.
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.
Claim(s) 1 and 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20190008322 A1 to Feldman et al. (“Feldman”).
Feldman discloses:
Regarding claim 1:
first and second terminals (e.g., buses 136A-E and terminals 130A, 130B) (e.g., Fig. 4-12 and para 38-44 and 54-70); and
one or more heating element segments (e.g., heating element segments 134 (including 134A, 134B, 134C, and 134D), heating element segments 134A-F) extending between the first and second terminals, each heating element segment having a plurality of cutouts (e.g., cutouts seen in Fig. 6-8, cutouts 140) arranged in a repeating pattern, each cutout having an elliptical or obround shape (e.g., Fig. 4-12 and para 38-44 and 54-70);
wherein the first and second terminals and the one or more heating element segments are a continuous single sheet of material, wherein at least one of the first and second terminals includes an extension part (e.g., extension parts where lines for 130A and 130B are in Fig. 5) extending from the at least one of the first and second terminals and terminating in a free end, a folding line portion (e.g., line portions seen in Fig. 5 between the extension part free end and the at least one of the first and second terminals as seen in Annotated Fig. 5) positioned between the extension part free end and the at least one of the first and second terminals, the folding line portion facilitating folding of the extension part with respect to the heating element (e.g., Fig. 4-12 and para 38-44 and 54-70);
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Regarding claim 3: the one or more heating element segments comprise a plurality of heating element segments (e.g., heating element segments 134 (including 134A, 134B, 134C, and 134D), heating element segments 134A-F), the plurality of heating element segments extending in an arc (e.g., arc shapes seen in Fig. 6-8) (e.g., Fig. 4-12 and para 38-44 and 54-70);
Regarding claim 4: the one or more heating element segments comprise a plurality of heating element segments (e.g., heating element segments 134 (including 134A, 134B, 134C, and 134D), heating element segments 134A-F), a set of the plurality of heating elements forming an arc shape or a circular shape (e.g., arc shapes seen in Fig. 6-8) (e.g., Fig. 4-12 and para 38-44 and 54-70); and
Regarding claim 5:
a) providing the heating element of claim 1 in a space (e.g., Fig. 4-12 and para 38-44 and 54-70), and
b) supplying power to the heating element to heat the space (e.g., Fig. 4-12 and para 38-44 and 54-70).
To the extent that it may be argued that a single embodiment of Feldman does not disclose all of the claimed subject matter, such as cutouts recited in claim 1, it would have been obvious to one of ordinary skill in the art to modify the Fig. 4 embodiment by the Fig. 6-12 embodiment(s) in order to provide a uniform radiant heating (e.g., Feldman: para 61).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feldman in view of US 6208528 B1 to Soto et al. (“Soto”)
Feldman does not explicitly disclose the extension part that is folded with respect to the heating element (as recited in claim 2).
However, Soto discloses:
Regarding claim 2, as best understood: each of the first and second terminals includes the extension part that is folded with respect to loops 18-24 corresponding to the heating element of Feldman (e.g., folds fold areas 36-50), the loops 18-24 corresponding to the heating element of Feldman standing alone on the folded extension parts (e.g., Fig. 1-7 and col 3, ln 54-67 and col 4, ln 1-64).
It would have been obvious to one of ordinary skill in the art at the time the invention was made (pre-AIA ) or at the time before the effective filing date (post AIA ) to modify Feldman as suggested and taught by Soto in order to provide a power supply having improved reliability and repeatability in manufacturing and to provide means for electrically connecting the conductive path within an electrical circuit (e.g., Soto: col 1, ln 50-67 and col 2, ln 1-4).
Claim(s) 6-8, 10, 13, 14 and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feldman in view of US 20100116147 A1 to Chung et al. (“Chung”).
Feldman discloses:
Regarding claim 6:
at least first and second terminals (e.g., buses 136A-E and terminals 130A, 130B) (e.g., Fig. 4-12 and para 38-44 and 54-70); and
one or more heating element segments (e.g., heating element segments 134 (including 134A, 134B, 134C, and 134D), heating element segments 134A-F) extending between the at least first and second terminals, the one or more heating element segments having a circuit trace (e.g., trace portions seen in Fig. 4-6) that includes at least first and second portions (e.g., Fig. 4-12 and para 38-44 and 54-70);
Regarding claim 7: the heating element segment has a three dimensional shape (e.g., Fig. 4-12 and para 38-44 and 54-70);
Regarding claim 8: the three dimensional shape is one of a semi-cylindrical shape, a cylindrical shape, and a sinusoidal shape (e.g., Fig. 4-12 and para 38-44 and 54-70);
Regarding claim 10: at least one power connection or thermal expansion control fastener location (e.g., buses locations of 136B-136D) disposed between the at least first and second portions of the circuit trace (e.g., Fig. 4-12 and para 38-44 and 54-70);
Regarding claim 13: the circuit trace has a plurality of diamonds (e.g., cutouts seen in Fig. 6-8, cutouts 140) and a width of the plurality of diamonds continuously tapers between the at least first and second terminals or a width of the one or more of the plurality of diamonds varies along a length of the circuit trace (e.g., Fig. 4-12 and para 38-44 and 54-70, wherein a width of the one or more of the cutouts seen in Fig. 6-8 and cutouts 140 varies along a length of the circuit trace);
Regarding claim 14: the circuit trace has a plurality of diamonds (e.g., cutouts seen in Fig. 6-8, cutouts 140), the diamonds having a strand width, and a width of a connection between at least one of the at least first and second terminals and a diamond adjacent to the at least one of the first and second terminals is larger than the strand width (e.g., Fig. 4-12 and para 38-44 and 54-70);
Regarding claim 21:
at least a support plates (e.g., reflector 146) (e.g., Fig. 7-10 and para 54-56);
at least one heater trace (e.g., at least one trace of heating element segments 134, at least one trace of heating element 150), the heater trace having at least first and second terminals (e.g., buses 136A-E and terminals 130A, 130B), the heater trace having a shape different than a shape of the at least a support plate (e.g., Fig. 4-12 and para 38-44 and 54-70);
fasteners (e.g., rivets may be fastened through the apertures 144 for attaching the heating element 150 to the reflector 146) for connecting the at least first and second terminals to the at least a support plate, fastening of the heater trace to the at least two support plates providing the heating element with a three dimensional shape as a result of the shape difference between the heater trace and at least a support plate (e.g., Fig. 4-12 and para 38-44 and 54-70);
one end of the heater trace fastened to one of the at least a support plate and the other end of the heater trace fastened to the other of the at least a support plate, the at least a support plate fastened to form the three dimensional heating element (e.g., Fig. 4-12 and para 38-44 and 54-70); and
Regarding claim 23, as best understood: first and second terminals (e.g., buses 136A-E and terminals 130A, 130B) (e.g., Fig. 4-12 and para 38-44 and 54-70); and
wherein at least one of the first and second terminals includes an extension part (e.g., extension parts where lines for 130A and 130B are in Fig. 5) that can be folded with respect to the heating element (e.g., Fig. 4-12 and para 38-44 and 54-70).
Feldman does not explicitly disclose the at least first and second portions being different in size from each other (as recited in claim 6) or at least two support plates (as recited in claim 21).
However, Chung discloses:
Regarding claim 6:
the at least first and second portions (e.g., electrically-resistive heater conductor wires 24 and 26) being different in size from each other so that a surface temperature difference exists between the at least first and second portions when a voltage is applied between the at least first and second terminals (e.g., Fig. 1-5 and para 27-29);
Regarding claim 21:
at least two support plates (e.g., plates at sections 12 and 14, plates at sections 44 and 46) (e.g., Fig. 1-5 and para 25-31);
at least one heater trace (e.g., traces of electrically-resistive heater conductor wires 24 and 26), the heater trace having a shape different than a shape of the at least two support plates (e.g., Fig. 1-5 and para 25-31);
fastening of the heater trace to the at least two support plates providing the heating element with a three dimensional shape as a result of the shape difference between the heater trace and at least two support plates (e.g., Fig. 1-5 and para 25-31);
one end of the heater trace fastened to one of the at least two support plates and the other end of the heater trace fastened to the other of the at least two support plates, the at least two support plates fastened together to form the three dimensional heating element (e.g., Fig. 1-5 and para 25-31); and
Regarding claim 22: a center support plate attached to the heater trace at a midpoint thereof (e.g., blocks 20 and 22), the center support plate also attached to the at least two support plates to further change a shape of the heater trace when the at least two support plates are fastened together (e.g., Fig. 1-5 and para 25-31).
It would have been obvious to one of ordinary skill in the art at the time the invention was made (pre-AIA ) or at the time before the effective filing date (post AIA ) to modify Feldman as suggested and taught by Chung in order to provide an energy-efficient plate (e.g., Chung: para 1).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feldman in view of Chung and further in view of US 20060186110 A1 to Campello (“Campello”).
Feldman discloses:
Regarding claim 11, as best understood: a heating element assembly (e.g., heating element segments 134 (including 134A, 134B, 134C, and 134D), heating element segments 134A-F) comprising a plurality of the heating elements of claim 6 (e.g., Fig. 4-12 and para 38-44 and 54-70).
Feldman in view of Chung does not explicitly disclose at least one jumper (as recited in claim 11).
However, Campello discloses:
Regarding claim 11, as best understood: a heating element assembly comprising a plurality of the heating elements (e.g., heating elements 76, 78) of claim 6, and at least one jumper (e.g., jumper connector bars 104 and 106) connecting at least the first terminals of the plurality of heating elements together (e.g., Fig. 6 and 10-13 and para 47-51).
It would have been obvious to one of ordinary skill in the art at the time the invention was made (pre-AIA ) or at the time before the effective filing date (post AIA ) to modify Feldman in view of Chung as suggested and taught by Campello in order to satisfactorily control the temperature of the heating face in response to temperature sensors such as the thermocouples (e.g., Campello: para 47).
Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 4292504 A to Gebarowski et al. (“Gebarowski”)
Gebarowski discloses:
Regarding claim 18:
at least one support plate (e.g., plate/board 12) (e.g., Fig. 1 and 5-7 and col 2, ln 50-67 and col 3, ln 1-67);
at least one heater trace (e.g., heating element 10), the heater trace having at least first and second terminals (e.g., terminals 14, 34), the heater trace having first and second opposing surfaces (e.g., opposing surfaces of heating element 10) and cutouts (e.g., apertures 16, 16’) formed therein, the heater trace having a shape different than a shape of the at least one support plate (e.g., Fig. 1-7 and col 2, ln 50-67 and col 3, ln 1-67),
fasteners (e.g., passing insulators 36, openings in the fiber board 12, fasteners seen in Fig. 5-6) for connecting the at least first and second terminals of the heater trace to the at least one support plate such that the heater trace with the first and second opposing surfaces with the cutouts therein forms a non-linear three dimensional shape along a length thereof (e.g., Fig. 1-7 and col 2, ln 50-67 and col 3, ln 1-67); and
Regarding claim 19: the shape difference further comprises the heater trace having a length longer than a length of the at least one support plate (e.g., Fig. 1 and 7 and col 2, ln 50-67 and col 3, ln 1-67).
To the extent that it may be argued that a single embodiment of Gebarowski does not disclose all of the claimed subject matter, such as fasteners, it would have been obvious to one of ordinary skill in the art to modify the Fig. 1 embodiment by the Fig. 4-5 embodiment in order to secure the terminals to the plate.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gebarowski in view of Feldman.
Gebarowski discloses substantially all of the features of the claimed invention as set forth above.
Gebarowski does not explicitly disclose a heater trace includes a pair of heater trace portions, the pair of heater trace portions connected at one end by a bus connection, each heater trace portion having a terminal at the other end thereof, the bus connection and terminals fastened to the at least one support plate (as recited in claim 20).
However, Feldman discloses:
Regarding claim 20: a heater trace includes a pair of heater trace portions (e.g., trace portions seen in Fig. 6), the pair of heater trace portions connected at one end by a bus connection (e.g., buses 136A, 136C, 136E), each heater trace portion having a terminal (e.g., terminals 130A and 130B, buses 136B and 136D) at the other end thereof, the bus connection and terminals fastened to the at least one support plate (e.g., reflector 146) (e.g., Fig. 4-12 and para 38-44 and 54-70).
It would have been obvious to one of ordinary skill in the art at the time the invention was made (pre-AIA ) or at the time before the effective filing date (post AIA ) to modify Gebarowski as suggested and taught by Feldman in order to improve the current flow through the heating element, and accordingly, improves the performance of the heating element (e.g., Feldman: para 67).
Allowable Subject Matter
Claims 9, 12, 15 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art does not disclose or render obvious a heater having the heating element of claim 8, wherein the heating element has the cylindrical shape and the heating element is disposed in an insulating medium for heating or the insulating medium is positioned between an inner pipe and an outer pipe for heating material flowing through the inner pipe (as recited in claim 9). While the heating element of claim 8 would have been obvious over Feldman in view of Chung, the prior art, including Feldman in view of Chung, does not disclose or render obvious a heater having the heating element of claim 8, wherein the heating element has the cylindrical shape and the heating element is disposed in an insulating medium for heating or the insulating medium is positioned between an inner pipe and an outer pipe for heating material flowing through the inner pipe.
The prior art does not disclose or render obvious the heating element of claim 6, wherein the circuit trace has a plurality of first diamonds and a plurality of second diamonds, the plurality of first diamonds configured to have lower resistance that the plurality of second diamonds (as recited in claim 12). While the heating element of claim 6 would have been obvious over Feldman in view of Chung, the prior art, including Feldman in view of Chung, does not disclose or render obvious the heating element of claim 6, wherein the circuit trace has a plurality of first diamonds and a plurality of second diamonds, the plurality of first diamonds configured to have lower resistance that the plurality of second diamonds.
The prior art does not disclose or render obvious the heating element of claim 6, wherein the circuit trace comprises at least a first set of diamonds having an electrical resistance and first shape and a second set of diamonds having said electrical resistance and a second shape different than the first shape and constituting less mass, the second set of diamonds running at a surface temperature higher than a surface temperature of the first set of diamonds when a voltage is applied to the circuit trace (as recited in claim 15) and the heating element of claim 15, wherein a difference in shape is based on one of a strand width of the diamonds of the circuit trace, a width of the diamonds, a number of diamonds in a set, an internal width or height spacing between strands forming a diamond (as recited in claim 16). While the heating element of claim 6 would have been obvious over Feldman in view of Chung, the prior art, including Feldman in view of Chung, does not disclose or render obvious the heating element of claim 6, wherein the circuit trace comprises at least a first set of diamonds having an electrical resistance and first shape and a second set of diamonds having said electrical resistance and a second shape different than the first shape and constituting less mass, the second set of diamonds running at a surface temperature higher than a surface temperature of the first set of diamonds when a voltage is applied to the circuit trace, and the heating element of claim 15, wherein a difference in shape is based on one of a strand width of the diamonds of the circuit trace, a width of the diamonds, a number of diamonds in a set, an internal width or height spacing between strands forming a diamond.
Response to Amendment
The amendment of 08/25/2025 is acknowledged.
Response to Arguments
Applicant's arguments filed 08/25/2025 have been fully considered but they are not persuasive. The remarks begin by noting the claim status and amendments as well as the prior interview. The remarks then address the prior art rejections. The remarks note that claims 6-8, 10, 13, 14, and 23 are still rejected under 35 USC @102 based on Pre-Grant Publication No. 2018/0325311 to Feldman et al. (Feldman 1) and that claims 18-20 are still rejected under 35 USC §102 based on Pre-Grant Publication No. 2019/0008322 to Feldman et al. (Feldman 2) and specifically address independent claims 6 and 18. Applicant’s arguments with respect to claim(s) 6 and 18 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. The remarks also request that claim 17 be rejoined with the other claims given the change made thereto incorporating the subject matter of claims 6 or 18. However, claims 6 and 18 are rejected as set forth above and claim 17 remains withdrawn. The remarks then provide a conclusion requesting allowance. However, claims 6-8, 10, 11, 13, 14, 18-20 and 23 are presently rejected as set forth and explained above while claims 1-5, 21 and 22 are allowed and claims 9, 12, 15 and 16 are objected to.
Conclusion
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/ERIC S STAPLETON/Primary Examiner, Art Unit 3761 November 1, 2025
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