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 .
Election/Restrictions
Applicant’s election without traverse of Claims 1-11,14 and 15 in the reply filed on 3/23/2026 is acknowledged.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. EP20211464.1, filed on 12/3/2020.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the third sensor area, third heat releasing plate portion and two layers must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because it is too long (208 words) and it uses phrases which can be implied (“The present invention relates to”) . A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities: The use of the term “Kapton MT”, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Appropriate correction is required.
Claim Objections
Claims 4 and 5 are objected to because of the following informalities: Claims 4 and 5 are objected to because of a typo of limitation “re-leasing” which should be releasing. Appropriate correction is required.
Applicant is advised that should claims 4 and 5 be found allowable, claim 5 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
heating unit in claim 1.
biasing element in claims 6.
holding element claim 7.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The specification defines the heating unit as an electrode or coil (paragraph 0100, lines 9-11). The specification defines the biasing element as springs (paragraph 0102, lines 2-3). The specification defines the holding element as tabs 92A and 92B (Fig. 7A).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 3 is 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.
Regarding claim 3, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 14 and 15 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 14 is improper because the claim references just a printed circuit board but does not incorporate limitations of claim 1. Claim 15 is improper because the claim refences just a housing but does not further limit claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim(s) 1,2,9-11,14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Hofer et al (US20190346175A1) in view of Jansson et al (US20210115833).
With regards to claims 1,14 and 15, Hofer et al discloses a heating system component (heating system component, Fig. 4), comprising: a carrier unit (carrier unit 110, Fig. 4) having a dry side (dry side holding components, Fig. 4), a wet side (wet side opposite dry side, Fig. 4), a groove provided on the dry side (groove wherein heating unit 120, Fig. 1), and a medium leading section at least partially opposite a medium flow area on the wet side (inner circumferential part 113, Fig. 4); a heating unit at least partially received in the groove (heating unit 120 inserted in groove of carrier unit 110, Fig. 4); a heat conducting plate assembly (heat conducting plate 240,projecting part 241, portion 244, Fig. 4) that comprises a first heat capturing plate portion that is thermally coupled to the heating unit (projecting part 241 on the right side of the assembly thermally coupled to heating unit 120, Fig. 4), a second heat capturing plate portion that is thermally coupled to the medium leading section of the carrier unit (projecting part 241 on the left side of the assembly thermally coupled to heating unit 120, Fig. 4), a first heat releasing plate portion (portion 244, Fig. 4), and a second heat releasing plate portion (projecting part 241, Fig. 4); a housing accommodating at least a part of the heat conducting plate assembly (plug housing 300 having connections 301 and pins 302 connected to projecting part 241, Fig. 4) in such a way that the first sensor area is thermally coupled to the first heat releasing plate portion (thermistor 270b is connected to portion 244, Fig. 4) and the second sensor area is thermally coupled to the second heat releasing plate portion (thermistor 270a is connected to projecting part 241, Fig. 4).
Hofer et al does not disclose at least one printed circuit board comprising circuitry with a first sensor area and a second sensor area, wherein the circuitry is configured to sense a first temperature at the first sensor area and a second temperature at the second sensor area.
Jansson et al teaches at least one printed circuit board comprising circuitry with a first sensor area and a second sensor area, wherein the circuitry is configured to sense a first temperature at the first sensor area and a second temperature at the second sensor area (first region 120 is a rigid printed circuit board carrying a plurality of electronic components including a control unit 140 connected to temperature sensors 126 and 128, Fig. 4).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Hofer et al and Jansson et al before him or her, to modify the plug housing of Hofer et al with the printed circuit board of Jansson et al because the combination allows for a temperature sensor arrangement that yields highly accurate measurements (paragraph 0006, lines 7-9).
With regards to claim 2, Hofer et al discloses wherein the second heat capturing plate portion is exclusively thermally coupled to the medium leading section on the dry side of the carrier unit (projecting part 241 is exclusively thermally coupled to the inner circumferential part 113, Fig. 4).
With regards to claim 9, Jansson et al teaches wherein the printed circuit board comprises a recessed edge (printed circuit board 120 has a recessed edge where board 132 resides, Fig. 4).
With regards to claim 10, Hofer et al discloses a foil arranged between the first heat releasing plate portion and the first sensor area as well as between the second heat releasing plate portion and the second sensor area, wherein the foil comprises a material with electrically isolating and thermally conducting properties, such as a polyimide foil (e.g., Kapton MT) (wherein the heat conducting plater 240, NTC thermistor 270a, 270b and the conducting paths 261 are covered with a insulating layer 260 made of Kapton, paragraph 0036, lines 10-14).
With regards to claim 11, Hofer et al discloses a heating system component 100 connected to a conveyor pump for conveying a fluid medium (paragraph 0026, lines 1-2) comprising a pump housing accommodating an impeller (pump housing which would inherently have an impeller, paragraph 0026, lines 3-4),a drive unit for driving the impeller (conveyor pump would inherently have a drive unit for driving the impeller, paragraph 0026, lines 2-3); a heating system component (heating system component, Fig. 4), comprising: a carrier unit (carrier unit 110, Fig. 4) having a dry side (dry side holding components, Fig. 4), a wet side (wet side opposite dry side, Fig. 4), a groove provided on the dry side (groove wherein heating unit 120, Fig. 1), and a medium leading section at least partially opposite a medium flow area on the wet side (inner circumferential part 113, Fig. 4); a heating unit at least partially received in the groove (heating unit 120 inserted in groove of carrier unit 110, Fig. 4); a heat conducting plate assembly (heat conducting plate 240,projecting part 241, portion 244, Fig. 4) that comprises a first heat capturing plate portion that is thermally coupled to the heating unit (projecting part 241 on the right side of the assembly thermally coupled to heating unit 120, Fig. 4), a second heat capturing plate portion that is thermally coupled to the medium leading section of the carrier unit (projecting part 241 on the left side of the assembly thermally coupled to heating unit 120, Fig. 4), a first heat releasing plate portion (portion 244, Fig. 4), and a second heat releasing plate portion (projecting part 241, Fig. 4); a housing accommodating at least a part of the heat conducting plate assembly (plug housing 300 having connections 301 and pins 302 connected to projecting part 241, Fig. 4) in such a way that the first sensor area is thermally coupled to the first heat releasing plate portion (thermistor 270b is connected to portion 244, Fig. 4) and the second sensor area is thermally coupled to the second heat releasing plate portion (thermistor 270a is connected to projecting part 241, Fig. 4).
Hofer et al does not disclose at least one printed circuit board comprising circuitry with a first sensor area and a second sensor area, wherein the circuitry is configured to sense a first temperature at the first sensor area and a second temperature at the second sensor area.
Jansson et al teaches at least one printed circuit board comprising circuitry with a first sensor area and a second sensor area, wherein the circuitry is configured to sense a first temperature at the first sensor area and a second temperature at the second sensor area (first region 120 is a rigid printed circuit board carrying a plurality of electronic components including a control unit 140 connected to temperature sensors 126 and 128, Fig. 4).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Hofer et al and Jansson et al before him or her, to modify the plug housing of Hofer et al with the printed circuit board of Jansson et al because the combination allows for a temperature sensor arrangement that yields highly accurate measurements (paragraph 0006, lines 7-9).
Claim(s) 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Hofer et al in view Jansson et al as applied to claim 1 above, and further in view of Teufl et al (US 9,648,665).
With regards to claim 3, Hofer et al and Jansson et al teaches wherein the heat conducting plate assembly has a shape and made of a material being a composite material (heat conducting plate 240 having an insulating layer 260 made of thin foil (paragraph 0036, lines 10-11), projecting part 241, portion 244 having pads 250b made of ceramic material (paragraph 0036, lines 1-2), Fig. 4).
Hofer et al and Jansson et al does not teach a thermal conductivity from the first heat capturing plate portion to the first heat releasing plate portion is larger than to the second heat releasing plate portion and a thermal conductivity from the second heat capturing plate portion to the second heat releasing plate portion is larger than to the first heat releasing plate portion.
Teufl et al teaches a thermal conductivity from the first heat capturing plate portion to the first heat releasing plate portion is larger than to the second heat releasing plate portion and a thermal conductivity from the second heat capturing plate portion to the second heat releasing plate portion is larger than to the first heat releasing plate portion as seen below:
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The application discusses that the way the thermal conductivity is regulated is by being separated by a recess (paragraph 0111, lines 4-8).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Hofer et al, Jansson et al and Teufl et al before him or her, to modify the heat conducting plate assembly of Hofer et al and Jansson et al with the recess of Teufl et al because the combination allows for avoiding having to adjust the respective temperature thresholds by using a recess (col 10, lines 50-52).
With regards to claim 4 and 5, Hofer et al and Jansson et al does not teach wherein the heat conducting plate assembly comprises a recess that extends at least partially between the first heat releasing plate portion and the first heat capturing plate portion on one side and the second heat releasing plate portion on the other side.
Teufl et al teaches wherein the heat conducting plate assembly comprises a recess that extends at least partially between the first heat releasing plate portion and the first heat capturing plate portion on one side and the second heat releasing plate portion on the other side as seen below:
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Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Hofer et al, Jansson et al and Teufl et al before him or her, to modify the heat conducting plate assembly of Hofer et al and Jansson et al with the recess of Teufl et al because the combination allows for avoiding having to adjust the respective temperature thresholds by using a recess (col 10, lines 50-52).
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hofer et al and Jansson et al as applied to claim 6 above, and further in view of Koebrich et al (US 20140029928).
With regards to claim 6, Hofer et al and Jansson et al does not teach at least one biasing element configured to bias the first heat releasing plate portion towards the first sensor area and the second heat releasing plate portion towards the second sensor area.
Koebrich et al teaches at least one biasing element configured to bias the first heat releasing plate portion towards the first sensor area and the second heat releasing plate portion towards the second sensor area (first temperature sensor 120 and second temperature sensor 222 are both attached to carrier 212 by a spring elastic carrier arm 226, paragraph 0041, lines 1-6).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Hofer et al, Jansson et al and Koebrich et al before him or her, to modify the temperature sensors of Hofer et al and Jansson et al with the spring elastic carrier arm of Koebrich et al because the combination allows for flexible construction of temperature sensor to a carrier (paragraph 0041, lines 8-11).
Claim(s) 7 is are rejected under 35 U.S.C. 103 as being unpatentable over Hofer et al and Jansson et al as applied to claim 1 above, and further in view of Deenen et al (US 9,854,626).
With regards to claim 7, Hofer et al and Jansson et al does not teach wherein the housing comprises at least one holding element preferably arranged at least partially between a biasing element and the first and/or second heat releasing plate portions.
Deenen et al teaches wherein the housing comprises at least one holding element preferably arranged at least partially between a biasing element and the first and/or second heat releasing plate portions (assembly 1 comprises at least connector assembly 101 held by screws 110 and having arranged between spring clips 127 and the thick film heater 3, Fig. 7a).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Hofer et al, Jansson et al and Deenen et al before him or her, to modify the housing of Hofer et al and Jansson et al with the springs and connector as taught by Deenen et al because the combination allows for robust construction of a heating element.
Allowable Subject Matter
Claim 8 is 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 teach a third sensor area that is thermally coupled to a third heat releasing plate portion of the heat conducting plate assembly. Jansson teaches a printed circuit 120 having a first sensor 126, second sensor 128 and third sensor 130 (Fig. 4), but does not teach a third heating releasing plate or the first and second sensor areas being on one layer and the third sensor area being on another layer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS JOHN WARD whose telephone number is (571)270-1786. The examiner can normally be reached Monday - Friday, 7am - 4pm.
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, EDWARD LANDRUM can be reached at 5712725567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS J WARD/Examiner, Art Unit 3761
/JOHN J NORTON/Primary Examiner, Art Unit 3761
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