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 .
Status of the Claims
In the amendment dated 08/13/2025, claims 1-16 are pending, claims 3 and 15 remain withdrawn from consideration.
Claims 1-6, 8-11, 13 and 15 have been amended.
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 6-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mann (US 4112577 A, newly cited) in view of Baxter (US3234633A, previously cited).
Regarding claim 1, Mann discloses
An electric heater (see abstract: “A sheathed electric heater”) comprising:
a tubular metal jacket ( tubular metal sheath 24, see figs.2-3); and
an electric heating element (30, see figs.2-3), which is arranged embedded in an interior of the tubular metal jacket (24) in an electrically insulating material (42, see figs.2-3) and is coiled at least in some sections (see figs.2-3), the electric heating element (30) having one or more non-shaped coils (31, see figs.2-3, items 31 is not shaped as the smaller end of the coil 30) with a first inner diameter (inner diameter of 31, see figs.2-3), the electric heating element (30, see figs.2-3) has an unheated end section (See unheated end section in annotated fig.2 below. Notes: This section has the same structure as the “unheated end section” of the current application as disclosed in pub. para.0061), wherein the unheated end section (See unheated end section in annotated fig.2 below) has, one or more shaped coils of the electric heating element (coil(s) at the smaller end of the coil 30, see figs.2-3 and col. 3 lines 1-3: “smaller end of the coil 30…”. See shaped coil in annotated fig.2 below) with a second inner diameter (inner diameter of the annotated shaped coil ) and at least one tubular section of a pipe (tubular section of the terminal 34, see fig.2 made from an electrically conductive material (see claim 1, lines 23-29: “the coil other end being attached to an electrical conductor”), wherein the first inner diameter (inner diameter of 31) is larger than the second inner diameter (see inner diameter of the annotated shaped coil in annotated fig.2 below).
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However, Mann does not expressly disclose the unheated end section has a filling opening for the electrically insulating material.
Baxter discloses a method of making a sheathed electric heating unit, comprising:
the unheated end section (section containing coils 16a, see fig.1-3) has a filling opening (12, see fig.1-3) for the electrically insulating material (see col.3 lines 42-44: “powdered insulating material 20 is introduced into the interior of the coil 16 through the top or open end of the duct 12 in the terminal 13”).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to substitute the terminal of Baxter (see item 13 of Baxter) for the terminal of Mann (see item 34 of Mann) so as “the unheated end section has a filling opening for the electrically insulating material” as taught by Baxter, since the substitute on known element for another one would yield a predictable result of making electrical connections between the heating unit and other parts.
Regarding claim 6, Mann further discloses
The electric heater according to claim 1, wherein the one or more shaped coils (coil(s) at the smaller end of the coil 30, see figs.2-3 and col. 3 lines 1-3: “smaller end of the coil 30…”. See shaped coil in annotated fig.2 above) are shaped together with the at least one tubular section of the pipe (tubular section of the terminal 34, see fig.2) made from the electrically conductive material (see claim 1, lines 23-29: “the coil other end being attached to an electrical conductor”)
Regarding claim 7, Mann further discloses
The electric heater according to claim 1, wherein multiple adjacent coils of the one or more shaped coils (see multiple adjacent coils of the one or more shaped coils in annotated fig.2 below) are shaped such that a winding distance of the multiple adjacent coils (see multiple adjacent coils of the one or more shaped coils in annotated fig.2 below) is reduced compared to a winding distance between non-shaped coils (see non-shaped coils in annotated fig.2 below) of the electric heating element (30, see fig.2)
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Regarding claim 8, Mann discloses
A method of making an electric heater (see abstract: “A sheathed electric heater”) with a tubular metal jacket ( tubular metal sheath 24, see figs.2-3) and an electric heating element (30, see figs.2-3), which is arranged embedded in an interior of the tubular metal jacket (24) in an electrically insulating material (42, see figs.2-3) and is coiled at least in some sections (see figs.2-3), the method comprising:
producing an unheated end section (See unheated end section in annotated fig.2 below. Notes: This section has the same structure as the “unheated end section” of the current application as disclosed in pub. para.0061) of the electric heater (see abstract: “A sheathed electric heater”) wherein one or more coils (see non-shaped coil in annotated fig.2 below) of the electric heating element (see abstract: “A sheathed electric heater”) are non-shaped (the annotated non-shaped coil is not shaped as the coil(s) at the smaller end of the coil 30) with a first inner diameter (inner diameter of coil(s) 31) and one or more coils (coil(s) at the smaller end of the coil 30. See shaped coils in annotated fig.2 below) are shaped with a second inner diameter (inner diameter of coil(s) at the smaller end of the coil 30), the first inner diameter (inner diameter of coil(s) 31) being larger than the second inner diameter (inner diameter of coil(s) at the smaller end of the coil 30), and at least one tubular section of a pipe (tubular section of 34, see fig.2) made from an electrically conductive material see (claim 1, lines 23-29: “the coil other end being attached to an electrical conductor”) is brought into electrical contact with the one or more shaped coils (See shaped coils in annotated fig.2 below) of the electric heating element (30, see figs.2-3).
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Annotated fig.2 of Mann
Mann does not expressly disclose
the unheated end section is produced in this way which has a fill opening for the electrically insulating material.
Baxter discloses A method (see title) of making an electric heater (10, see fig.3), comprising:
at least one tubular section (13a) of a pipe (13, see fig.3 and col.3 line 14: “the terminal 13 is hollow or tubular”) made from electrically conductive material (see col.1 lines 19-20: “the other end of the coil is electrically connected to a terminal”. Therefore, the terminal 13 is made from the electrically conductive material), is brought into electrical contact with the one or more shaped coils (coil(s) 16a at region 13a, see fig.3) of the electric heating element (16), so that an unheated end section (section containing coils 16a, see fig.1-3. See unheated end section in annotated fig.1 below) is produced in this way which has a fill opening (12, see fig.3) for the electrically insulating material (see col.3 lines 42-44: “powdered insulating material 20 is introduced into the interior of the coil 16 through the top or open end of the duct 12 in the terminal 13”).
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Annotated fig.1 of Baxter
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the terminal of Baxter (see item 13 of Baxter) for the terminal of Mann (see item 34 of Mann) so as “the unheated end section of the electric heating element is produced in this way which has a fill opening for the electrically insulating material” as taught by Baxter since the substitute on known element for another one would yield a predictable result of making electrical connections between the heating unit and other parts.
Regarding claim 9, the modification discloses the claimed limitations as set forth, Mann further discloses the at least one tubular section of the pipe (tubular section of the terminal 34, see fig.2) made from the electrically conductive material (see claim 1, lines 23-29: “the coil other end being attached to an electrical conductor”) is brought into electrical contact with the one or more shaped coils (see shaped coil(s) in annotated fig.2 above) of the electric heating element (30), except in that the one or more shaped coils of a coiled section of the electric heating element are shaped and are pushed onto an outside of the coiled section or pushed into an inside of the coiled section at least in some sections before or after shaping of the at least one tubular section of the pipe made from the electrically conductive material.
Baxter further discloses the at least one tubular section (13a) of the pipe (13, see fig.3) made from electrically conductive material (see col.1 lines 19-20) is brought into electrical contact with the one or more shaped coils (coil 16a at region 13a) of the electric heating element (16, see fig.3), in that the one or more shaped coils (coil 16a at region 13a ) of a coiled section of the electric heating element (a section of 16) are shaped (see fig.3) and are pushed onto an outside of the coiled section or pushed into an inside of the coiled section at least in some sections before or after shaping of the at least one tubular section of the pipe made from electrically conductive material (see fig.3, col.3 lines 72-75 and col.4 lines 1-5: “The final swaging or compression operation crushes the tube of insulating material 18 and compacts this crushed insulation along with the powdered insulating material which has been loaded into the sheath. In the production of the heater shown in FIG. 3, the diameter of the unit is reduced to two different dimensions. The portion 10a which includes the coil 16 is reduced to a smaller diameter than the remaining portion 10b”. When being compressed, the coils 16a are pushed onto an outside of the coiled section as shown in fig.3).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Mann to include in electric heating element, “the one or more shaped coils of a coiled section of the electric heating element are shaped and are pushed onto an outside of the coiled section at least in some sections before or after shaping of the at least one tubular section of the pipe made from the electrically conductive material” as taught by Baxter. Doing so avoids the necessity for stretching the heating coil or displacing adjacent turns of the coil from each other during the loading of insulating material into the unit and provides an improved heater having an increased operating life (See col.2 lines 13-26 of Baxter).
Regarding claim 10, the modification discloses the claimed limitations as set forth, except the at least one tubular section of the pipe made from the electrically conductive material is compressed with the unheated end section.
Baxter further discloses the at least one tubular section (13a) of the pipe (13) made from electrically conductive material (see col.1 lines 19-20) is compressed with unheated end section (see annotated fig.1 above of Baxter .See fig.3, col.3 lines 72-75 and col.4 lines 1-5: “The final swaging or compression operation crushes the tube of insulating material 18 and compacts this crushed insulation along with the powdered insulating material which has been loaded into the sheath. In the production of the heater shown in FIG. 3, the diameter of the unit is reduced to two different dimensions. The portion 10a which includes the coil 16 is reduced to a smaller diameter than the remaining portion 10b”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Mann to include “the at least one tubular section of the pipe made from the electrically conductive material is compressed with the unheated end section” as taught by Baxter. Doing so avoids the necessity for stretching the heating coil or displacing adjacent turns of the coil from each other during the loading of insulating material into the unit and provides an improved heater having an increased operating life (See col.2 lines 13-26 of Baxter).
Regarding claim 11, Mann in view of Baxter further discloses the step of compressing the at least one tubular section of the pipe (13 of Baxter) made from the electrically conductive material (see col.1 lines 19-20) with the end section (10b, see fig.3 of Baxter) of the electric heating element (see fig.3, col.3 lines 72-75 and col.4 lines 1-5 of Baxter)), coils (16 of Baxter) are formed for coiled sections (sections 10a, see fig.3 of Baxter) on which the tubular section of the pipe (13 of Baxter) made from the electrically conductive material (see col.1 lines 19-20 of Baxter) is pushed or in which the tubular section of the pipe made from the electrically conductive material is pushed (see fig.3, col.3 lines 72-75 and col.4 lines 1-5 of Baxter: “The final swaging or compression operation crushes the tube of insulating material 18 and compacts this crushed insulation along with the powdered insulating material which has been loaded into the sheath. In the production of the heater shown in FIG. 3, the diameter of the unit is reduced to two different dimensions. The portion 10a which includes the coil 16 is reduced to a smaller diameter than the remaining portion 10b”). .
Regarding claim 12, Mann in view of Baxter further discloses after the compression (see fig.3, col.3 lines 72-75 and col.4 lines 1-5 of Baxter), an outer diameter of the unheated end section (16a, see fig.3 of Baxter) is equal to an outer diameter of non- shaped coils (outer diameter of the coil section at 10a, see fig.3 of Baxter) of the electric heating element (16, see fig.3 of Baxter).
Regarding claim 13, Mann further discloses the electric heating element (30, see fig.2) is inserted with the at least one tubular section of the pipe (34, see fig.2) made from the electrically conductive material pushed thereon (see fig.2) as a common assembly (assembly shown in fig.2) into the tubular metal jacket (24, see fig.2).
Regarding claim 14, Mann further discloses the electrically insulating material (42, see fig.2) is introduced as at least one molded part or as powder or granules (see col.2, lines 44-46: “The remaining space within the sheath is filled with a suitable electrical insulating material 42 such as compressed granulated magnesium oxide”) into the interior of the tubular metal jacket (24, see fig.2).
Claims 2 and 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mann in view of Baxter as applied to claim 1, and further in view of Bleckmann (US 4697069 A)
Regarding claim 2, the modification discloses the claimed limitations as set forth, except the at least one tubular section of the pipe made from the electrically conductive material is arranged on an outside of at least one of the one or more shaped coils of the electric heating element, such that the at least one of the one or more shaped coils is located in an interior of the at least one tubular section of the pipe made from the electrically conductive material.
Bleckmann discloses a tubular heater, comprising:the at least one tubular section of the pipe (7, see fig.11) is arranged on an outside of at least one of the one or more shaped coils (coils at the weld location 6, see fig.11) of the electric heating element (2, see fig.11), such that the at least one of the one or more shaped coils (coils at the weld location 6, see fig.11) is located in an interior of the at least one tubular section of the pipe (7, see fig.11) made from electrically conductive material (see col.3, line 28-31: “the end of the connecting tube 7 which projects beyond the insulating bead 8 having a direct electrical connection to the heating coil 2”. By having direct electrical connection to the heating coil 2, the tube 7 is made from electrically conductive material).
Notes: in the current application, pub. para.0026 discloses: “ it is provided that the tubular section of the pipe made from electrically conductive material is brought into electric contact with shaped coils of the electric heating element, in that coils of a coiled section of the electric heating element are shaped and the tubular section of the pipe made from electrically conductive material is pushed onto the outside of this coiled section or is pushed in on the inside of this coiled section at least in some sections.”
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the at least one tubular section of the pipe of Mann in view of Baxter to be arranged “on an outside of at least one of the one or more shaped coils of the electric heating element, such that the at least one of the one or more shaped coils is located in an interior of the at least one tubular section of the pipe made from the electrically conductive material” as taught by Bleckmann, for the purpose of obtaining the large tube in which powdered insulating material is introduced into the interior of the coil easily.
Regarding claim 4, the modification discloses the claimed limitations as set forth, except at least one section of a connecting pin, which is penetrated by an insertion opening, is inserted into the at least one tubular section of the pipe made from the electrically conductive material.
Bleckmann discloses a tubular heater, comprising:at least one section of a connecting pin (12, see fig.11), which is penetrated by an insertion opening (opening of 12, see fig.11), is inserted into the at least one tubular section of the pipe (7, see fig.11) made from electrically conductive material (see col.3, line 28-31: “the end of the connecting tube 7 which projects beyond the insulating bead 8 having a direct electrical connection to the heating coil 2”. Therefore, the tube 7 is made from electrically conductive material ).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Mann in view of Baxter to incorporate the one section of a connecting pin, which is penetrated by an insertion opening, is inserted into the at least one tubular section of the pipe made from electrically conductive material as taught by Bleckmann. Doing so facilitates the electrical connection between the electrical wire/cable and heating elements. In addition, the connecting pin keeps the electrical wire/cable in place during the operation.
Regarding claim 5, Mann in view of Baxter and Bleckmann discloses substantially all the claimed limitations as set forth in claim 2. Bleckmann discloses an outer diameter of the at least one tubular section of the pipe (an outer diameter of the at least one tubular section of 7, see fig.11) made from electrically conductive material (see col.3, line 28-31: “the end of the connecting tube 7 which projects beyond the insulating bead 8 having a direct electrical connection to the heating coil 2)”, which is pushed onto the outside of the at least one of the one or more shaped coils of the electric heating element (coils at the area 6 of the heating coils 2, see fig.22), except which corresponds to an outer diameter of a non-shaped coil of the electric heating element.
However, Bleckmann teaches a certain outer diameter of a non-shaped coil of the electric heating element 2 and a certain outer diameter of the at least one tubular section of the pipe 7 (see annotated fig.11 below).
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Annotated fig.11 of Bleckmann
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the outer diameter of a non-shaped coil of the electric heating element and the outer diameter of the at least one tubular section of the pipe of Mann in view of Baxter and Bleckmann so that the outer diameter of the at least one tubular section of the pipe corresponds to an outer diameter of a non-shaped coil of the electric heating element, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art (See MPEP2144). Doing so allows the electric heating element and pipe has a constant diameter which maintains consistent heat transfer and temperature. In addition, the modification helps prevent localized overheating at any point on the element, thus ensuring the overall durability and longevity of the heating element.
Claim 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mann in view of Baxter as applied to claim 8, and further in view of Miyadai (US 5581872 A)
Regarding claim 16, the modification discloses substantially all the claimed limitations as set forth, except a part of the electric heating element, a part of the tubular metal jacket or a part of the electrically insulating material is cut with a tool.
Miyadai discloses a method of making a sheathed electric heating unit, comprising:
a part of the electric heating element is cut with a tool (see col. 3 lines 33-35: “A cutter 34 is disposed at the feeding side of the nip roller 33 so as to cut the heating wire 1”).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the method of Baxter to have “a part of the electric heating element is cutting with a tool” as taught by Miyadai. Doing so allows to obtain a predetermined length of the heating element (See col. 1 lines 23-25 of Miyadai: “the heating wire is cut to have a predetermined length”).
Response to Arguments
Claim Objections: the amendments have overcome the previous objections.
Claim Rejections - 35 U.S.C. § 112: the amendments have overcome the previous rejections.
Claim Rejections - 35 U.S.C. § 102 Applicant’s arguments, see Remarkds, filed on 08/13/2025, with respect to the rejection(s) of claim(s) 1 under 102 rejections have been fully considered and are persuasive in light of amendments. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made by the combination of Mann with Baxter, wherein Mann (newly cited) teaches the amended limitation of claim 1: “wherein the first inner diameter is larger than the second inner diameter”. In Mann, the first inner diameter of the coil(s) 31 is larger than the inner diameter of the annotated shaped coil as discussed above in the rejection of claim 1.
As such, the rejections of claim 1 are respectfully sustained.
Similarly, claim 8 is rejected by the same reason as discussed in claim 1.
Claims 2, 4-7, 9-14 and 16 are rejected by the virtue of the dependency from claims 1 and 8.
Conclusion
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 3716693 A discloses an electrical tubular heating element in which in a casing tube one or more heating resistances are accommodated which are insulated from the case tube by means of magnesium oxide or another high melting point insulating material and whose casing tube temperature may not exceed a maximum value chosen in accordance with the actual tube material and the purpose of use.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIFFANY T TRAN whose telephone number is (571)272-3673. The examiner can normally be reached on Monday - Friday, 10am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached on (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIFFANY T TRAN/ Primary Examiner, Art Unit 3761