Prosecution Insights
Last updated: April 19, 2026
Application No. 17/400,256

Electric Heating Device and Method for Manufacturing the Same

Final Rejection §102
Filed
Aug 12, 2021
Examiner
RHUE, ABIGAIL H
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Eberspacher Catem GmbH & Co. Kg
OA Round
4 (Final)
55%
Grant Probability
Moderate
5-6
OA Rounds
4y 0m
To Grant
99%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allow Rate
69 granted / 126 resolved
-15.2% vs TC avg
Strong +44% interview lift
Without
With
+44.0%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
67 currently pending
Career history
193
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
66.4%
+26.4% vs TC avg
§102
12.1%
-27.9% vs TC avg
§112
19.1%
-20.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 126 resolved cases

Office Action

§102
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 § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kohl (US20120061366). PNG media_image1.png 510 345 media_image1.png Greyscale Fig. 4 of Kohl PNG media_image2.png 554 560 media_image2.png Greyscale Fig. 16 of Kohl PNG media_image3.png 480 488 media_image3.png Greyscale Fig. 17 of Kohl PNG media_image4.png 704 858 media_image4.png Greyscale Annotated Fig. 21 of Kohl Regarding claim 1, Kohl teaches An electric heating device comprising: a housing (Fig. 16) with a partition wall (34) which separates a connection chamber (43) from a heating chamber (interior of 26) for emitting heat, wherein a housing wall (26) at least partially delimits one of the connection chamber (43)and the heating chamber (interior of 26, Fig. 16), wherein at least one heating assembly housing (18) projects into the heating chamber (26) from the partition wall (34, Fig. 17); and at least one PTC element (11, 12) and strip conductors (5) which are supported in the heating assembly housing (18) in an insulated manner (Fig. 17), the strip connectors (5) being electrically connected to the PTC element (11,12) and being configured to energize the PTC element with different polarities (Fig. 4) wherein at least one of the housing wall (26) and the heating assembly housing (18) is connected to the partition wall (34) in a materially bonded manner ([0009, 0021, 0027, 0086-0088, 0091, 0095, 0099]) wherein the partition wall (34) includes a linear connection piece ([0088] shown annotated Fig. 21, as part of adapter plate 34, being made of material made by deep drawing) that is formed by deep drawing and that at least partially overlaps the heating assembly housing (18) in a parallel orientation therewith (Fig. 21) Regarding claim 2, Kohl teaches the electric heating device according to claim 1, wherein at least one of the housing wall and the heating assembly housing is inductively soldered to the partition wall ([0009, 0021, 0027, 0086-0088, 0091, 0095, 0099]). Regarding claim 3, Kohl teaches the electric heating device according to claim 1, wherein the housing wall (26) delimits the connection chamber and the heating chamber (Fig. 16). Regarding claim 4, Kohl teaches A method for manufacturing an electrical heating device, the electrical heating device comprising a housing (Fig. 16) , a PTC element (11, 12) , and strip conductors (5) which are electrically connected to the PTC element (11,12) and which configured to energize the heating element with different polarities (Fig. 4), the housing including a partition wall (34) separating a connection chamber (43) from a heating chamber (interior of 26) for emitting heat , wherein a housing wall (26) at least partially delimits one of the connection chamber (43) and the heating chamber (interior of 26 Fig. 16), wherein at least one heating assembly housing (18) projects from the partition wall (34) into the heating chamber (interior of 26), and wherein the PTC element (11,12) and the strip conductors (5) are electrically connected in the connection chamber (43) and are supported in an insulated manner in the heating assembly housing (18, Fig. 17), the method comprising: providing the partition wall (34) with an opening (37) for the electrical connection of the PTC element in the connection chamber ([0021, 0027, 0086-0088, 0091, 0095, 0099]), and then soldering the housing wall or the heating assembly housing to the partition wall ([0021, 0027, 0086-0088, 0091, 0095, 0099]) wherein the partition wall (34) includes a linear connection piece ([0088] shown in annotated Fig. 21, as part of adapter plate 34, being made of material made by deep drawing) that is formed by deep drawing and that extends parallel to the heating assembly housing and (Fig. 21) at least partially overlaps the heating assembly housing (18). Regarding claim 5, Kohl teaches the method according to claim 4, wherein at least one of the housing wall or the heating assembly housing is inductively soldered to the partition wall ([0009, 0021, 0027, 0086-0088, 0091, 0095, 0099]). Regarding claim 6, Kohl teaches the method according to claim 4, wherein at least one of the housing wall and the heating assembly housing is inductively soldered to the partition wall ([0009, 0021, 0027, 0086-0088, 0091, 0095, 0099]). Regarding claim 7, Kohl teaches the method according to claim 4, wherein, after soldering, the PTC element and the strip conductors are inserted into the heating assembly housing, and the strip conductors are electrically connected in the connection chamber ([0021, 0027, 0086-0088, 0091, 0095, 0099] Fig. 17). Regarding claim 8, Kohl teaches the method according to claim 4, wherein, during soldering, a ring of solder is arranged adjacent to a gap between the partition wall and the housing wall or the heating assembly housing and is inductively melted so that the solder flows into the gap and solidifies there ([0021, 0027, 0086-0088, 0091, 0095, 0099] Fig. 17). PNG media_image5.png 352 673 media_image5.png Greyscale Fig. 2 of Kohl Regarding claims 9 and 11, Kohl teaches the electric heating device of claim 1 and the method of claim 4, wherein the at least one heat assembly housing (18) includes a flange (15, annotated Fig. 2 having at least a portion extending away from 18) extending outward from the at least one heat assembly housing (18) and oriented parallel to the partition wall (34, Figs. 2 and 21, adapter plate 34 being the partition wall place a top housing 18 and flange 15, where at least a portion of flange 15 is understood to be parallel to at least a portion of adapter plate 34 shown in annotated Fig. 2). Regarding claims 10 and 12, Kohl teaches the electric heating device of claim 1 and the method of claim 4, wherein the connection piece (annotated Fig. 21) in extends along an interior surface of the heating assembly housing (18, interior of which is in connection with connection piece in annotated Fig. 21). Regarding claim 13, Kohl teaches An electric heating device comprising a housing (Fig. 16) with a partition wall (34) which separates a connection chamber (43) from a heating chamber (interior of 26) for emitting heat, wherein a housing wall (26) at least partially delimits one of the connection chamber (43) and the heating chamber (interior of 26 Fig. 16), wherein at least one heating assembly housing (18) projects into the heating chamber (interior of 26) from the partition wall (34); and at least one PTC element (11, 12) and strip conductors (5) which are supported in the heating assembly housing in an insulated manner (18, Fig. 17), the strip connectors (5) being electrically connected to the PTC element (11,12) and being configured to energize the PTC element (11,12) with different polarities (Fig. 4), wherein at least one of the housing wall (26) and the heating assembly housing (18) is connected to the partition wall (34) in a materially bonded manner ([0009, 0021, 0027, 0086-0088, 0091, 0095, 0099]) wherein the at least one heat assembly housing (18) includes a flange (annotated Fig. 2) extending outward from the at least one heat assembly housing (18) and oriented parallel to the partition wall (34, Figs. 2 and 21, adapter plate 34 being the partition wall place a top housing 18 and flange 15, where at least a portion of flange 15 is understood to be parallel to at least a portion of adapter plate 34 shown in annotated Fig. 2). Regarding claim 14, Kohl teaches the electric heating device according to claim 13, wherein the flange (element A in annotated Fig. 8) extends outward from an upper edge of the at least one heat assembly housing (18). Regarding claim 15, Kohl teaches the electric heating device according to claim 13, wherein at least one of the housing wall and the heating assembly housing is inductively soldered to the partition wall ([0009, 0021, 0027, 0086-0088, 0091, 0095, 0099]). Regarding claim 16, Kohl teaches the electric heating device according to claim 13, wherein the housing wall (26) delimits connection chamber (43) and the heating chamber (interior of 26 Fig. 16). PNG media_image6.png 680 732 media_image6.png Greyscale Fig. 22 of Kohl Regarding claim 17, Kohl teaches the electric heating device according to claim 1, wherein the linear connection piece (34) extends in a longitudinal direction in a parallel orientation with the heating assembly housing (18) for a distance at least two time greater than a thickness of the linear connection piece (34, Fig. 22). Response to Arguments Regarding applicant’s arguments towards amended claims 10 and 12, in regards to the 112b rejection, the rejection has been withdrawn. Applicant's arguments filed 9/16/ 2025 have been fully considered but they are not persuasive. Regarding applicant’s arguments towards claims 1 and 4, towards the limitation of “a linear connection piece that is formed by deep drawing” applicant argues that Kohl does not teach the limitation as Kohl only describes the adapter plate 34 of the first embodiment being formed by deep drawing, and does not specify the adapter plate 34 of the fourth embodiment being formed by deep drawing. However, it is understood the adapter plate 34 is made of the same materials in every embodiment of Kohl, as in [0018], where adapter plate is described to be made out of metals, such as aluminum, so it would be understood the adapter plate 34 may be made through deep drawing in each embodiment. Regarding applicant’s argument that the adapter plate 34 of the fourth embodiment of Kohl cannot be made of deep drawing because “the alleged partition wall does not have a height of longitudinal length that is at least twice its thickness,” applicant uses Fig. 21, however Fig. 21 does not give specific measurements or specifications to define the height of the wall to not be less than twice its thickness, so it would be understood that it would be possible for the adapter plate 34 to be formed through deep drawing, as the figures do not limit the height and width of the adapter plate otherwise. Additionally, it is unclear whether the formation of applicant’s linear connection piece in the heating device is materially changed by being “formed by deep drawing” in such a way to limit the electrical heating device of claim 1, and to change the method of claim 4, given that there is not a “deep drawing” step, rather the linear connection piece is used already having been formed by deep drawing. Regarding applicant’s arguments towards independent claim 13, towards the limitation of “a flange extending outward from the at least one heat assembly housing and oriented parallel to the partition wall” applicant argues that the flange 15 is in a direction perpendicular toward the protruding direction of the housing assembly, however applicant does not define which portion of the flange is supposed to be parallel to the protruding direction of the housing assembly. The flange of Kohl does have a portion that is parallel to the outward protruding direction of the flange is shown further in the annotated Fig. 2 below, so it is understood that Kohl teaches the limitation. PNG media_image5.png 352 673 media_image5.png Greyscale Fig. 2 of Kohl Regarding applicant’s arguments towards claims 9 and 11 towards the limitation of “a flange extending outward from the at least one heat assembly housing and oriented parallel to the partition wall,” the arguments are addressed in the same way above, towards the same limitation of claim 13. 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. 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, Helena Kosanovic can be reached at (571) 272-9059. 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. /ABIGAIL H RHUE/Examiner, Art Unit 3761 1/15/2026 /VY T NGUYEN/Examiner, Art Unit 3761
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Prosecution Timeline

Aug 12, 2021
Application Filed
Jun 01, 2024
Non-Final Rejection — §102
Oct 07, 2024
Response Filed
Dec 12, 2024
Final Rejection — §102
Mar 20, 2025
Response after Non-Final Action
May 19, 2025
Request for Continued Examination
May 22, 2025
Response after Non-Final Action
Jun 10, 2025
Non-Final Rejection — §102
Sep 16, 2025
Response Filed
Jan 15, 2026
Final Rejection — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
55%
Grant Probability
99%
With Interview (+44.0%)
4y 0m
Median Time to Grant
High
PTA Risk
Based on 126 resolved cases by this examiner. Grant probability derived from career allow rate.

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