DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-8, 10-13, 16, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN207369330) in view of Portmann (US3839623) with citations made to attached machine translations.
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Annotated Fig. 1 of Chen
Regarding claim 1, Chen teaches a heater comprising:
a folded heater wire (4);
a first insulator (10, 20) provided on the heater wire (4);
a metal sheath (1) provided so as to be in contact with at least a part of the first insulator (10, 20);
a first insulating member (2, 30, Fig. 1 Pg. 3 Para. 2 an insulating sealant 30 is disposed between the circular convex portion 51 and the mica powder 10) arranged parallel to at least a part of a first end part (6) of the heater wire (4) taken out from a first end part of the metal sheath (1, Figs. 1, 2);
a lid member (5) covering a part of the first insulating member (2, 30, Fig. 1 Pg. 3 Para. 2 an insulating sealant 30 is disposed between the circular convex portion 51 and the mica powder 10 and tube 2) arranged apart from the metal sheet (1) the first insulating member (10, 20), and arranged parallel to at least a part of the first insulating member (2, 30, Fig. 1 Pg. 3 Para. 2 an insulating sealant 30 is disposed between the circular convex portion 51 and the mica powder 10) and at least a part of the metal sheath (1, Figs. 1).
a second insulator (30 Pg. 3 Para. 2 an insulating sealant 30 is disposed between the ceramic head 5 and the nozzle of the stainless steel protection tube 1) arranged between the metal sheath (1) and the lid member (5),
wherein the lid member (5) has an inwardly recessed structure (Annotated Fig. 6), and the first insulating member (2, 30, Fig. 1 Pg. 3 Para. 2 an insulating sealant 30 is disposed between the circular convex portion 51 and the mica powder 10) fits into the inwardly recessed structure via the second insulator (30 Pg. 3 Para. 2 an insulating sealant 30 is disposed between the ceramic head 5 and the nozzle of the stainless steel protection tube 1; Fig. 6 sealant 30 is between tube 2 and lid 5),
Chen is silent on a second insulating member arranged parallel to at least a part of the first insulating member and parallel to at least a part of a second end part of the heater wire taken out from the first end part of the metal sheath.
Portmann teaches second insulating member (27) arranged parallel to at least a part of the first insulating member (29) and parallel to at least a part of a second end part of the heater wire (13) taken out from the first end part of the metal sheath (5, Figs. 1-2);
a lid member (35) covering at least a part of the second insulating member (30, Fig. 1 Pg. 3 Para. 2 an insulating sealant 30 is disposed between the circular convex portion 51 and the mica powder 10)
Chen and Portmann are considered to be analogous to the claimed invention because they are in the same field of heaters. It would have been obvious to have modified Chen to incorporate the teachings of Portmann to have a second insulating member, which would be covered by the lid, in order to directly insulate the conductive wires in a way that allows withstands high temperatures and permits flexing of the leads of the conductors (Portmann Col. 3 lines 40-60).
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Fig. 6 of Chen
Regarding claim 2, Chen and Portmann teach the heater according to claim 1, and Chen teaches wherein the second insulator (30 Pg. 3 Para. 2 an insulating sealant 30 is disposed between the ceramic head 5 and the nozzle of the stainless steel protection tube 1), contacts the inwardly recessed structure of the lid member (5), and is arranged between the lid member (5) and the first insulating member (2, 30, Fig. 1 Pg. 3 Para. 2 an insulating sealant 30 is disposed between the circular convex portion 51 and the mica powder 10),
wherein the lid member (5) is composed of one member having a predetermined thickness (Fig. 6).
Regarding claim 3, Chen and Portmann teach the heater according to claim 1, and Chen teaches wherein
an inner diameter of the lid member (5, portion 51) is the same as an outer diameter of the first insulating member (2, 30, Fig. 1 where the diameter of portion 51 of lid 5 is the same the outer diameter of insulator 30 shown in annotated Fig. 1),
and an outer diameter of the lid member (5)is the same as an outer diameter of the metal sheath (1, Fig. 1).
Regarding claim 4, Chen and Portmann teach the heater according to claim 1, Chen teaches wherein the first insulating member (2, 30 Fig. 1) is inserted through the metal sheath (1), but is silent on wherein an inner diameter of the metal sheath is the same as an outer diameter of the first insulating member.
Portmann teaches wherein an inner diameter of the metal sheath (5) is the same as an outer diameter of the first insulating member (17 and 29, Fig. 2 Col. 4 lines 1-20).
It would have been obvious to have modified Chen to incorporate the teachings of Portmann to have an inner diameter of the metal sheath be the same as an outer diameter of the first insulating member in order to secure the leads of the wire within the heater body by preventing strain on the insulating junction at the leads of the wire (Portmann Col. 4 lines 1-20).
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Annotated Fig. 1 of Chen
Regarding 5, Chen and Portmann teach the heater according to claim 1, and Chen teaches wherein the first insulating member (2, 30) has a protruding part (Annotated Fig. 1), and the protruding part (5) fits into the lid member (5) via the second insulator (30 on the exterior of tube 2),
wherein the second insulator (30 on the exterior of tube 2) contacts an outside of the protruding part (Annotated Fig. 1), and is arranged between the lid member (5) and the protruding part (Annotated Fig. 1).
Regarding 6, Chen and Portmann teach the heater according to claim 5, and Chen teaches the protruding part (Annotated Fig. 1) protrudes in a direction opposite to a direction in which the metal sheath (1) is provided.
Regarding claim 7, Chen and Portmann teach the heater according to claim 1, and Chen teaches wherein the first insulating member (2, 30, Annotated Fig. 1) has a through hole (Fig. 1), but is silent on the second insulating member is inserted through the through hole.
Portmann teaches wherein the first insulating member (17 and 29) has a through hole (31a, 31b Figs. 2) and the second insulating member (27) is inserted through the through hole (31a, 31b).
It would have been obvious to have modified Chen to incorporate the teachings of Portmann to have a second insulating member be inserted through the through hole of the first insulating member in order to directly insulate the conductive wires in a way that allows withstands high temperatures and permits flexing of the leads of the conductors (Portmann Col. 3 lines 40-60).
Regarding claim 8, Chen and Portmann teach the heater according to claim 1, but Chen is silent on a diameter of the through hole in a top part side of the first insulating member is different from that of a bottom part side of the first insulating member.
Portmann teaches a diameter of the through hole in a top part side (Annotated Fig. 2 below) of the first insulating member (17 and 29) is different from that of a bottom part side (Annotated Fig. 2 below) of the first insulating member (17 and 29).
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Annotated Fig. 2 of Portmann
It would have been obvious to have modified Chen to incorporate the teachings of Portmann to have a diameter of the through hole in a top part of the first insulating member be different than the bottom in order to allow direct insulation of the conductive wires in a way that allows withstands high temperatures and permits flexing of the leads of the conductors (Portmann Col. 3 lines 40-60).
Regarding claim 10, Chen and Portmann teach the heater according to claim 1, and Chen teaches wherein a shape of the heater wire (4) is strip-shaped (Pg. 2 Para. 2).
Regarding claim 11, Chen and Portmann teach the heater according to claim 1, but Chen is silent on wherein the heater wire has a spiral structure.
Portmann teaches wherein the heater wire (13) has a spiral structure (Col. 3 lines 1-5 length of resistance wire 13 is wrapped in helical fashion).
It would have been obvious to have modified Chen to incorporate the teachings of Portmann to have the wire be a spiral structure as the structure increases the service life of the heating wire (Portmann Col. 1 lines 60-67).
Regarding claim 12, Chen and Portmann teach the heater according to claim 8, but Chen is silent on wherein the heater wire has a double helix structure
Portmann teaches wherein the heater wire has a double helix structure (Col. 3 lines 41-44 add-on leads 2la,21b are shown to be flexible leads having a plurality of small-diameter wires stranded or twisted together to form a flexible conductor 25, taken to be a double helix).
It would have been obvious to have modified Chen to incorporate the teachings of Portmann to have the wire be a spiral structure as the structure increases the service life of the heating wire (Portmann Col. 1 lines 60-67).
Regarding claim 13, Chen and Portmann teach the heater according to claim 1, and Chen teaches wherein the second insulator is a sealant or an adhesive (30, insulating sealant).
Regarding claim 16, Chen and Portmann teach the heater according to claim 1, and Chen teaches the lid member (5) but does not teach that the lid member includes aluminum.
Portmann teaches lid member (5) is formed from ceramic (see Pg. 2 Para. 4). It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the material of the lid from stainless steel to aluminum, for the purpose of obtaining the high-temperature lid of the heater, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416 (MPEP 2144.07) Further, applicant appears to have placed no criticality on the claimed material (see pp. [0020] indicating the lid member “may” include aluminum).
Regarding claim 18, Chen and Portmann teach the heater according to claim 1, and Chen teaches wherein an end face of the lid member (5) facing the metal sheath (1) is axially spaced apart from an end face of the metal sheath (1) facing the lid (5) member without overlapping therewith (Fig. 1), and wherein the second insulator (30, Annotated Fig. 1) is arranged between and in contact with the axially spaced end faces of the lid member (5) and the metal sheath (1).
Regarding claim 19, Chen and Portmann teach the heater according to claim 1, and Chen teaches wherein the lid (5) member includes a through hole (52), but is silent on wherein the lid member includes a through hole through which the second insulating member passes, and wherein the second insulator is arranged between and contacts with an inner surface of the through hole of the lid member and the second insulating member.
Portmann teaches wherein the lid member (35) includes a through hole (Fig. 2) through which the second insulating member (27) passes, and wherein the second insulator (29) is arranged between and contacts with an inner surface of the through hole of the lid member (35, Fig 2) and the second insulating member (27).
It would have been obvious to have modified Chen to incorporate the teachings of Portmann to have the lid member have a through hole through which a second insulating member pass, and to have the second insulator be between the surface of the through hole and the second insulating member in order to be able to support and secure the wire leads extending from the cover which prevents strain on the junction (Portmann Col. 4 lines 1-20).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN207369330) and Portmann (US3839623) as applied to claim 1 above, and further in view of Abbott (US2009980).
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Annotated Fig. 2 of Portmann
Regarding 9, Chen and Portmann teach the heater according to claim 8, but Chen is silent on a cross section of the through hole has a stair shape at a connecting part having a different hole diameter, and the second insulating member is inserted to the connecting part.
Portmann teaches on a cross section of the through hole (21a) has a stair shape at a connecting part having a different hole diameter (Annotated Fig. 2 above).
It would have been obvious to have modified Chen to incorporate the teachings of Portmann to ha cross section of the through hole be stair shaped at a connecting part having a different hole diameter in order to allow direct insulation of the conductive wires in a way that allows withstands high temperatures and permits flexing of the leads of the conductors (Portmann Col. 3 lines 40-60).
Chen and Portmann are silent on the second insulating member is inserted to the connecting part.
Abbott teaches the second insulating member (32) is inserted to the connecting part (17a, 18a).
Chen, Portmann, and Abbott are considered to be analogous to the claimed invention because they are in the same field of heaters. It would have been obvious to have modified Chen and Portmann to incorporate the teachings of Abbott to have the second insulating member be inserted to the connecting part in order to increase the electrical strength at the terminal end of the heating unit (Abbott Col. 2 lines 30-50).
Claims 14-15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN207369330) and Portmann (US3839623) as applied to claim 1 above, and further in view of Kita (US6130410).
Regarding 14, Chen and Portmann teach the heater according to claim 1, but are silent the metal sheath includes aluminum.
Kita teaches the metal sheath includes aluminum (protective pipe 1 containing aluminum).
Chen, Portmann, and Kita are considered to be analogous to the claimed invention because they are in the same field of heaters. It would have been obvious to have modified Chen and Portmann to incorporate the teachings of Kita to have the metal sheath include aluminum in order to be able to manufacture and inexpensively producible ceramic heater (Kita Col. 1).
Regarding 15, Chen and Portmann teach the heater according to claim 1, but are silent the outer diameter of the metal sheath is 3.0 mm or more and 6.0 mm or less.
Kita teaches the outer diameter of the metal sheath is 3.0 mm or more and 6.0 mm or less (Col. 7 lines 1-45 diameter of sheath 3.5-4mm).
It would have been obvious to have modified Chen and Portmann to incorporate the teachings of Kita to have an outer diameter of the metal sheath be 3.0 mm or more and 6.0 mm or less to produce an inexpensive heater that is able to perform heating in small spaces (Kita Col. 1).
Regarding 17, Chen and Portmann teach the heater according to claim 1, but are silent on an outer diameter of the lid member is 3.0 mm or more and 6.0 mm or less.
Kita teaches an outer diameter of the lid member is 3.0 mm or more and 6.0 mm or less (Fig. 1 Col. 7 lines 1-45 diameter of sheath, being same diameter as screw 22 being the lid member, 3.5-4mm).
It would have been obvious to have modified Chen and Portmann to incorporate the teachings of Kita to have an outer diameter of the lid member be 3.0 mm or more and 6.0 mm or less to produce an inexpensive heater that is able to perform heating in small spaces (Kita Col. 1).
Response to Arguments
Applicant's arguments filed 3/23/2026 have been fully considered but they are not persuasive.
Regarding applicant’s arguments that Chen does not teach the amended limitations, “That is, in Chen, the circular protrusions 51 of the ceramic head 5 are fitted INTO the U- shaped ceramic tube 2, not the other way around. Chen does not teach or suggest that the U-shaped ceramic tube 2 fits into the ceramic head 5. Rather, Chen teaches that the ceramic head 5 has outwardly protruding circular protrusions 51 that fit into the U-shaped ceramic tube 2,” Chen is understood to teach the limitation. For clarification the limitation is understood be taught as follows “wherein the lid member (5) has an inwardly recessed structure (Annotated Fig. 6), and the first insulating member (2, 30, Fig. 1 Pg. 3 Para. 2 an insulating sealant 30 is disposed between the circular convex portion 51 and the mica powder 10, in the interior of tube 2) fits into the inwardly recessed structure via the second insulator (30 Pg. 3 Para. 2 an insulating sealant 30 is disposed between the ceramic head 5 and the nozzle of the stainless steel protection tube 1, on the exterior of lid 5).” The inwardly recessed structure is not understood to be the protrusions 51, rather than the notches shown in annotated Fig. 6 of Chen, which in view of Fig. 1 of Chen, receive a portion of 30, taken to be the second insulator. The first insulating member, a combination of 2 and 30, the sealant within the tube 2, in Chen, is understood to be received into the notches of ceramic head 5 , through the second insulator, being the separate insulating sealant 30, exterior to the tube 2. Therefore it is understood that Chen teaches the limitation.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAIL RHUE whose telephone number is (571)272-4615. The examiner can normally be reached Monday - Friday, 10-6.
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/ABIGAIL H RHUE/Examiner, Art Unit 3761 8/20/2026
/WOODY A LEE JR/Primary Examiner, Art Unit 3761
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