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 Status
Claims 1,2 and 6 has been amended.
Claim 12 is newly added.
Claims 1-12 are pending and examined as follows:
Election/Restrictions
Newly submitted claim 12 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: Claim 12 is directed to a fluid heater while claims 1-9 are directed to a printed circuit board and claims 10-11 are directed towards a heater. The printed circuit board of claims 1-11 is distinct from the printed circuit board that is defined in claim 12. Claim 12 limits a fluid heater with a housing, two circuit boards, plugs and fluid connection, which are limitations independent from the limitations of the printed circuit board claimed in claim 1-11.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 12 is withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1,2,3,5,7,8,10 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tang et al (US 10,549,064).
With regards to claim 1, Tang et al discloses a printed circuit board (heating apparatus 36 may be formed using know printed circuit board, col 11, lines 24-25) comprising at least one conducting path shaped via a subtractive method (the heating element may also be formed by applying a conductive sheet to the laminate layer, applying a mask to the sheet shaped as a mirror image of the desired pattern of the heating element and etching away the portions of the conductive sheet not covered by the mask, col 11, lines 40-50);
at least one heating line formed by the at least one conducting path and designed to have a predetermined heating power for heating a fluid (heating elements 48 have lines formed by conductive heating tracks for heating fluid, Fig. 5);
a heat dispersion layer designed for transferring heat to the fluid (hot plate 44 which is a heatable element which can transfer heat to a fluid, Fig. 5);
wherein a control circuit and power electronics are formed on the printed circuit board (electric leads 42 supply electricity to the heating element and at least one electrical component 52, col 7, lines 38-45) in a heat-conducting manner (the electrical components 52 may include a thermo sensor 52A and a thermo fuse 52B which are connected to tracks of the heating element 48 wherein the thermo fuse 52B stop current flow through the heating element if the heat becomes excessive, col 11, lines 1-9).
With regards to claim 2, Tang et al discloses a control circuit which is in operative connection with the at least one heating line (controller 43 connected to electrical leads 42 which is connected to heating element 48, Fig. 3,4-1).
With regards to claim 3, Tang et al discloses whereby the at least one heating line is formed by conducting path (heating element 48 is represented by a conductive track, Fig. 5), a cross section, length and material of which are designed according to a heating resistance required for the heating power (the resistivity of the heating element material affects the track layout design and the track coverage of the laminate layer 46 and the hot plate 44, col 9, lines 36-40).
With regards to claim 5, Tang et al discloses a plurality of heating lines are formed thereon (heating element 48 are made of multiple tracks, Fig. 5).
With regards to claim 7, Tang et al discloses the at least one heating line is formed by at least one meander-shaped path (heating element 48 is made of meandering tracks, Fig. 5).
With regards to claim 8, Tang et al discloses the printed circuit board is an IMS-printed circuit board (the protective layer 50 may comprise materials commonly used for ‘solder masks,’ for example polymer or acrylic printed on or otherwise applied to coat a printed circuit board (PCB) wherein the board is a metal core printed circuit board, col 9, lines 56-63).
With regards to claim 10, Tang et al discloses a heater comprising a heating element (heating apparatus 36, Fig. 5) adapted to heat a fluid contained in a fluid compartment (heating water 62, Fig. 6), a printed circuit board (heating apparatus 36 may be formed using know printed circuit board, col 11, lines 24-25) comprising at least one conducting path shaped via a subtractive method (the heating element may also be formed by applying a conductive sheet to the laminate layer, applying a mask to the sheet shaped as a mirror image of the desired pattern of the heating element and etching away the portions of the conductive sheet not covered by the mask, col 11, lines 40-50);
at least one heating line formed by the at least one conducting path and designed to have a predetermined heating power for heating a fluid (heating elements 48 have lines formed by conductive heating tracks for heating fluid, Fig. 5);
a heat dispersion layer designed for transferring heat to the fluid (hot plate 44 which is a heatable element which can transfer heat to a fluid, Fig. 5); wherein a control and power electronics are formed on the printed circuit board (electric leads 42 supply electricity to the heating element and at least one electrical component 52 wherein the electric component 52, col 7, lines 38-45) in a heat-conducting manner (the electrical components 52 may include a thermo sensor 52A and a thermo fuse 52B which are connected to tracks of the heating element 48 wherein the thermo fuse 52B stop current flow through the heating element if the heat becomes excessive, col 11, lines 1-9).
With regards to claim 11, Tang et al discloses the printed circuit board bounds the fluid compartment in sections (heating element 74 is on the bottom sections of the tub 60, Fig. 6).
Claim(s) 4,6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Tang et al as applied to claim 1, in further view of Dennis et al (US 5,557,704).
With regards to claim 4, Tang et al does not disclose a fluid guiding element is formed adjacent to the heat dispersion layer.
Dennis et al teaches a fluid guiding element is formed adjacent to the heat dispersion layer (heater assembly 1 has pipes 5 and 6 can be connected to water pipe couplings passing water through vessel 2 which are adjacent to plate 70 which heating element 10 sits upon, Fig. 1).
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 Tang et al and Dennis et al before him or her, to modify the heating assembly of Tang et al to include the fluid guiding element of Dennis et al because combination allows for providing efficient heating in a vessel.
With regards to claim 6, Dennis et al teaches the printed circuit board is formed in multiple layers and whereby at least one heating line and circuit forming a control circuit (plate 70 which forms the substrate of a thick film printed circuit in which a heating element 10 is printed onto a dielectric layer 75 on one side of the plate, temperature sensing resistive track 17 is provided via terminals 22 and 23, Fig. 1).
With regards to claim 9, Dennis et al teaches functional elements are formed by edge portions of the printed circuit board whereby at least the conducting path for forming a heating line/heating line portion is led into the bent region (printed circuit board has a vessel 121 having a zig zag pathway which is overlap heating element 10, Fig. 9,10).
Response to Arguments
Applicant's arguments filed 1/30/2026 have been fully considered but they are not persuasive.
Applicants argument: Applicant argues the prior art does not disclose or teach all the amended features of claim 1.
Examiners response: Applicant has amended claim 1 to include “wherein a control circuit and power electronics are formed on the printed circuit board in a heat-conducting manner”. Tang et al discloses wherein a control circuit and power electronics are formed on the printed circuit board (electric leads 42 supply electricity to the heating element and at least one electrical component 52, col 7, lines 38-45) in a heat-conducting manner (the electrical components 52 may include a thermo sensor 52A and a thermo fuse 52B which are connected to tracks of the heating element 48 wherein the thermo fuse 52B stop current flow through the heating element if the heat becomes excessive, col 11, lines 1-9). Examiner is taking the position that the electric leads 42 and the thermo sensor 52a and thermos fuse 52b are to be considered the control circuit and power electronics. The specification and drawings of the application define the electric components as reference characters 54 and 56 (paragraph 0042, lines 7-9) which look to be terminals (Fig. 4). The power electronics are not described in the drawings or specification with any specificity. Therefore the leads 42 and thermo sensor 52a and thermo fuse 52b can be considered the control circuit and power electronics as claimed. Applicant argues specifically the thermo sensor 52a is a passive element and the thermo fuse52b doesn’t regulate power and control anything is moot because the claim does not limit that the control circuit and power electronics does that function.
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 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 on 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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