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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
The Amendment filed on May 12th, 2026 has been entered. Claims 1-7, and 11-18 remain pending in the application. Claims 8-10 have been cancelled. Rejections under 35 USC § 112 for Claims 4 and 7 have been withdrawn.
Claim Rejections - 35 USC § 103
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.
Claims 1, 3-7, and 11-18 are rejected under 35 U.S.C. 103 as being unpatentable over Ogasawara (US Patent No. 20180252432) in view of Taylor (GB Patent No. 2330290) and further in view of Yamashita (JP Patent No. H0778675).
Regarding Claim 1, Ogasawara teaches an electric heater (Figure 2, fluid heating device 100) comprising: at least one armored tubular cartridge (Figure 2 and Paragraph 21-24, Heater 21 is a PTC with a Heating portion 22 that surrounds and makes heater 21 an armored tubular cartridge) comprising at least one PTC resistor therein; (Figure 2 and Paragraph 23, Heater 21 is a PTC heater in which the heat generating part 21c generates heat by application of the current), the block fabricated of aluminum, or alloys thereof, (Paragraph 24 and Figure 2, Heating portion 22 is formed of aluminum alloy) is overmolded by die-casting around said metal sheath (Paragraph 21, Heating portion 22 is formed by die-cast molding a metal around the Heater 21).
Ogasawara fails to teach that a coating layer in plastic material is provided, applied around said block of aluminum, at least one PTC resistor is inserted between two heat sinks or electrodes fabricated of aluminum, or alloys thereof, each aluminum heat sink or electrode being connected to a respective electrical supply cable which protrudes from one end of the at least one armored tubular cartridge, an assembly defined by said heat sinks or electrodes and said at least one PTC resistor is surrounded by a layer of insulating material, externally bounded by a metal sheath;
Taylor teaches an electric heater (Abstract, An electric heater) where a coating layer (Page 7 lines 24-25, Outer surface of the carrier 12 may be coated with a cosmetic coating) in plastic material (Page 7 lines 27-29, Coatings of hydrophilic materials have been found to be particularly effective in this regard, for example Fluoralon) is provided, applied around said block of aluminum (Page 6 lines 5-7, Carrier 12, around which the plastic coating is applied, is a block of aluminum, p. 6 lines 5-7).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ogasawara to incorporate the coating as stated in Taylor. The coating prevents build-up of limescale on the heater (Page 7 lines 26-27, Coating).
Ogasawara in view of Taylor does not teach at least one PTC resistor is inserted between two heat sinks or electrodes fabricated of aluminum, or alloys thereof, each aluminum heat sink or electrode being connected to a respective electrical supply cable which protrudes from one end of the at least one armored tubular cartridge, an assembly defined by said heat sinks or electrodes and said at least one PTC resistor is surrounded by a layer of insulating material, externally bounded by a metal sheath;
Yamashita teaches a tubular cartridge (Abstract, cartridge heater) comprising the following: said at least one PTC resistor is inserted between two heat sinks or electrodes (Figure 1A, PTC 35a between electrodes 31a and 31b) fabricated of aluminum, or alloys thereof, (Paragraph 15, electrodes 31a and 31b made from an aluminum alloy), each aluminum heat sink or electrode being connected to a respective electrical supply cable (Figure 1A, electrodes 31a and 31b connected to cables 49a and 49b) which protrudes from one end of the at least one armored tubular cartridge (Figure 1A, cables 49a and 49b protrude from right end of cartridge), an assembly, (Figure 2, tubular cartridge) defined by said aluminum heat sinks or electrodes (Figure 1A,k electrodes 31a and 31) and said at least one PTC resistor (Figure 1A, PTC 35a-d) is surrounded by a layer of insulating material, (Figure 1A-2, Kapton sheet 39 of heating portion 41) externally bounded by a metal sheath, (Figure 1A, metal tube 45 of tubular cartridge).
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 heater of Ogasawara in view of Taylor incorporate the electrodes 31a and 31b of Yamashita. The electrodes 31a and 31b firmly hold the PTCs 35a to 35d and improves the heat dissipation efficiency from the PTC to the metal tube (Paragraph 26 and 29, Electrodes 31a and 31b).
Regarding Claim 3, Ogasawara in view of Taylor and Yamashita teaches at least one armored tubular cartridge comprises more than one stretch (Ogasawara: Figure 2, Heater 21 has two straight stretches and one helical stretch) wherein at least one first stretch (Ogasawara: Figure 2-3, Straight stretch of heater 21 between terminal 21a and helical portion of heater) defines a straight longitudinal axis (Ogasawara: Figure 2-3, Straight stretch of heater 21 between terminal 21a and helical portion of heater defines a longitudinal axis) and at least one second stretch (Ogasawara: Figure 2, Helical portion of heater 21) defines a curvilinear axis (Ogasawara: Figure 2, Helical portion of heater 21 is curvilinear).
Regarding Claim 4, Ogasawara in view of Taylor and Yamashita teaches at least two first stretches are provided, (Ogasawara: Figure 2-3 and Claim 3, straight stretch of heater 21 between terminal 21a and helical portion of heater, and straight stretch of heater 21 between terminal 21b and helical portion of heater are two unique first stretches) joined together by at least one second stretch, (Ogasawara: Figure 2, Helical portion of heater 21 is a curvilinear second stretch connecting only two straight stretches).
Regarding Claim 5, Ogasawara in view of Taylor and Yamashita teaches at least one armored tubular cartridge comprises at least two stretches (Ogasawara: Figure 2-3, Straight stretch of heater 21 between terminal 21a and helical portion of heater and straight stretch of heater 21 between terminal 21b and helical portion of heater are two stretches comprised by heater 21) each stretch defining a respective straight longitudinal axis (Ogasawara: Figure 2-3, straight stretch of heater 21 between terminal 21a and helical portion of heater and straight stretch of heater 21 between terminal 21b and helical portion of heater both define a longitudinal axis) and wherein the straight longitudinal axes define a broken line (Ogasawara: Figure 2-3, the two straight stretches of heater 21 define a broken line, as they do not directly connect to each other).
Regarding claim 6, Ogasawara in view of Taylor and Yamashita teaches that three stretches are provided (Ogasawara: Figure 2, the helical stretch of heater 21 is a third stretch).
Regarding claim 7, Ogasawara in view of Taylor does not teach a plurality of PTC resistors, preferably of ceramic material, are provided, connected in sequence to one another along the entire armored tubular cartridge.
Yamashita teaches an armored tubular cartridge (Abstract, cartridge heater) comprising the following: a plurality of PTC resistors, (Figure 1A, PTC resistors 35a-d) are provided, connected in sequence to one another (Figure 1A, PTC resistors 35a-d are arranged in line along the longitudinal axis of the tubular cartridge) along the entire armored tubular cartridge (Figure 1A, PTC resistors 35a-d are along entire length of tubular cartridge from the inside of the end cap to the start of the leads).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ogasawara in view of Taylor to incorporate the arrangement of PTC resistors as stated in Yamashita. The courts have held that rearrangement of parts requires only ordinary skill in the art and hence is considered a routine expedient. In re Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975).
Regarding claim 11, Ogasawara teaches a production process of an electric heater (Paragraph 68, The manufacturing method of the fluid-heating device 100) the process comprising the following steps: providing at least one armored tubular cartridge (Figure 2 and Paragraph 21-24 and 68, Heater 21 installed in die and Heater 21 is a PTC with a Heating portion 22 that surrounds and makes heater 21 an armored tubular cartridge) comprising at least one PTC resistor therein; (Paragraph 23 and Figure 2, Heater 21 is a PTC heater in which the heat generating part 21c generates heat by application of the current), overmolding by die-casting a block fabricated of aluminum, or alloys thereof, (Paragraph 68, Heating portion 22) around metal sheath (Paragraph 21, Heating portion 22 is formed by die-cast molding a metal around the Heater 21).
Ogasawara does not teach that step of overmolding plastic material around said block of aluminum or alloys thereof to produce a coating layer.
Taylor teaches an electric heater (Abstract, An electric heater) that overmolding plastic material around said block of aluminum or alloys thereof to produce a coating layer (Page 7 lines 24-25, Outer surface of the carrier 12 may be coated with a fluoropolymer cosmetic coating).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ogasawara to incorporate the coating as stated in Taylor. The coating prevents build-up of limescale on the heater (Page 7 lines 26-27, Coating).
Ogasawara in view of Taylor does not teach at least one PTC resistor is inserted between two heat sinks or electrodes fabricated of aluminum, or alloys thereof, each aluminum heat sink or electrode being connected to a respective electrical supply cable which protrudes from one end of the at least one armored tubular cartridge, an assembly defined by said heat sinks or electrodes and said at least one PTC resistor is surrounded by a layer of insulating material, externally bounded by a metal sheath;
Yamashita teaches a tubular cartridge (Abstract, cartridge heater) comprising the following: said at least one PTC resistor is inserted between two heat sinks or electrodes (Figure 1A, PTC 35a between electrodes 31a and 31b) fabricated of aluminum, or alloys thereof, (Paragraph 15, electrodes 31a and 31b made from an aluminum alloy), each aluminum heat sink or electrode being connected to a respective electrical supply cable (Figure 1A, electrodes 31a and 31b connected to cables 49a and 49b) which protrudes from one end of the at least one armored tubular cartridge (Figure 1A, cables 49a and 49b protrude from right end of cartridge), an assembly, (Figure 2, tubular cartridge) defined by said aluminum heat sinks or electrodes (Figure 1A,k electrodes 31a and 31) and said at least one PTC resistor (Figure 1A, PTC 35a-d) is surrounded by a layer of insulating material, (Figure 1A-2, Kapton sheet 39 of heating portion 41) externally bounded by a metal sheath, (Figure 1A, metal tube 45 of tubular cartridge).
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 heater of Ogasawara in view of Taylor with the tubular cartridge of Yamashita. The tubular cartridge can prevent short circuits of the electrodes and a decrease in contact between the electrodes and the PTC, and can improve the heat dissipation efficiency from the PTC (Paragraph 13, Tubular cartridge).
Regarding claim 12, Ogasawara in view of Taylor and Yamashita teaches only two first stretches are provided, (Ogasawara: Figure 2-3 and Claim 3, straight stretch of heater 21 between terminal 21a and helical portion of heater and straight stretch of heater 21 between terminal 21b and helical portion of heater are two unique first stretches) joined together by only one second stretch (Ogasawara: Figure 2-3, Helical stretch of heater 21 is a single curvilinear second stretch).
Regarding claim 13, Ogasawara in view of Taylor does not teach at least one PTC resistor is made in ceramic material.
Yamashita teaches an armored tubular cartridge (Abstract, cartridge heater) wherein said at least one PTC resistor is made in ceramic material (Paragraph 17, PTC 35a-35d is a ceramic semiconductor).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ogasawara in view of Taylor to incorporate the PTC resistors as stated in Yamashita. These PTC resistors are manufactured by mixing and sintering inorganic materials and they can be formed into the desired sizes and shapes (Paragraph 17, PTC).
Regarding claim 14, Ogasawara in view of Taylor does not teach at said plurality of PTC resistors are made in ceramic material.
Yamashita teaches an armored tubular cartridge (Abstract, cartridge heater) wherein said plurality of PTC resistors are made in ceramic material (Paragraph 17, PTC 35a-35d is a ceramic semiconductor).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ogasawara in view of Taylor to incorporate the PTC resistors as stated in Yamashita. These PTC resistors are manufactured by mixing and sintering inorganic materials and they can be formed into the desired sizes and shapes (Paragraph 17, PTC).
Regarding claim 15, Ogasawara in view of Taylor fails to teach that the insulating material is powdered magnesium oxide or polyimide.
Yamashita teaches Yamashita teaches an armored tubular cartridge (Abstract, cartridge heater) where insulating material is powdered magnesium oxide or polyimide (Paragraph 15, Kapton sheet 39 is polyimide).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ogasawara in view of Taylor to incorporate a polyimide insulating material as stated in Yamashita. The polyimide provides high insulating and thermal conductivity properties (Paragraph 15, Polyimide)
Regarding claim 16, Ogasawara in view of Taylor fails to teach that the metal sheath is a steel sheath.
Yamashita teaches Yamashita teaches an armored tubular cartridge (Abstract, cartridge heater) where metal sheath is a steel sheath (Paragraph 16, Metal tube 45 is stainless steel).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ogasawara in view of Taylor to incorporate a metal sheath that is a steel sheath as stated in Yamashita. The Stainless steel provides excellent thermal conductivity and rollability (Paragraph 16, Stainless steel)
Regarding Claim 17, Ogasawara in view of Taylor and Yamashita teaches there are provided only two first stretches (Ogasawara: Figure 2-3 and Claim 3, straight stretch of heater 21 between terminal 21a and helical portion of heater and straight stretch of heater 21 between terminal 21b and helical portion of heater are two unique first stretches) joined together by only one second stretch (Ogasawara: Figure 2-3, Helical stretch of heater 21 is a single curvilinear second stretch).
Regarding Claim 18, Ogasawara in view of Taylor and Yamashita teaches at least one armored tubular cartridge includes a longitudinal axis X (Ogasawara: Figure 2, Heater 21 has two straight stretches in an axis) and defines only a curvilinear path along the longitudinal axis (Ogasawara: Figure 2, Helical portion of heater 21 is curvilinear).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ogasawara (US Patent No. 20180252432) in view of Taylor (GB Patent No. 2330290) and further in view of Yamashita (JP Patent No. H0778675) and Kimura (JP Patent No. 2001017372).
Regarding claim 2, Ogasawara in view of Taylor and Yamashita does not teach at least one armored tubular cartridge includes a longitudinal axis X and defines only a straight path along the longitudinal axis X.
Kimura teaches a heating unit that heats water (Paragraph 1, Heating Unit) wherein said at least one armored tubular cartridge includes a longitudinal axis X and defines only a straight path along the longitudinal axis X (Figure 4, linear heaters 12c extends in a straight line along an axis).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ogasawara in view of Taylor and Yamashita to incorporate the arrangement of the armored tubular cartridge as stated in Kimura. The courts have held that rearrangement of parts requires only ordinary skill in the art and hence is considered a routine expedient. In re Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975).
Response to Arguments
Applicant's arguments filed on May 12th, 2026 have been fully considered but they are not persuasive.
Applicant argues, page 10, that Taylor fails to teach that “at least one PTC resistor (3) is inserted between two heat sinks or electrodes in aluminum (8), or alloys thereof; each aluminum heat sink or electrode (8) being connected to a respective electrical supply cable (9) which protrudes from one end of the at least one armored tubular cartridge (2)" nor that "the assembly defined by said aluminum heat sinks or electrodes (8) and said at least one PTC resistor (3) is surrounded by a layer of insulating material (10), externally bounded by a metal sheath (11)". However these limitations are taught by Yamashita. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references (MPEP 2145(IV)).
Applicant argues, pages 10-11, that Yamashita fails to teach a provision for a block of aluminum, or alloys thereof, overmolded by die-casting around the metal sheath 43, let alone a coating layer in plastic material overmolded around said block of aluminum. However these limitations are taught by Ogasawara. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references (MPEP 2145(IV)).
Applicant argues, pages 10-11, that the combination of Ogasawara with Yamashita and Taylor fails to teach the claimed limitations of "wherein an assembly defined by said heat sinks or electrodes and said at least one PTC resistor is surrounded by a layer of insulating material, externally bounded by a metal sheath", "wherein a block fabricated of aluminum, or alloys thereof, is overmolded by die-casting around said metal sheath", and "wherein a coating layer in plastic material is overmolded around said block of aluminum, or alloys thereof”. However the combination of Ogasawara with Yamashita and Taylor teaches these limitations as stated in the office action with appropriate motivation.
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 HAMZEH HICHAM AMIN whose telephone number is (571)272-4235. The examiner can normally be reached Monday - Friday 7:00 am - 4:00 pm.
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/HAMZEH HICHAM AMIN/Examiner, Art Unit 3761 /JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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