Prosecution Insights
Last updated: September 17, 2026
Application No. 17/761,286

PRINTED CIRCUIT BOARD AND FLUID HEATER

Non-Final OA §103
Filed
Mar 17, 2022
Priority
Sep 19, 2019 — DE 10 2019 214 314.8 +2 more
Examiner
WARD, THOMAS JOHN
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Dbk David + Baader GmbH
OA Round
5 (Non-Final)
52%
Grant Probability
Moderate
5-6
OA Rounds
0m
Est. Remaining
77%
With Interview

Examiner Intelligence

Grants 52% of resolved cases
52%
Career Allowance Rate
338 granted / 655 resolved
-18.4% vs TC avg
Strong +26% interview lift
Without
With
+25.8%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
23 currently pending
Career history
695
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
64.6%
+24.6% vs TC avg
§102
17.8%
-22.2% vs TC avg
§112
15.2%
-24.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 655 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/25/2026 has been entered. Claim Status Claims 1 and 12 have been amended. Claim 13 is newly added. Claims 1-13 are pending and examined as follows: Claim Objections Claim 13 is objected to because of the following informalities: The limitation “a control circuit and/or power electronics which are/is in operative connection with the heating line, whereby in addition to the heating line the control circuit and/or the power electronics are/is formed on the IMS printed circuit board, whereby the IMS printed circuit board is configured with multiple layers so that conducting-path layers are formed, separated by insulation layers and lying one on top of the other, which then each form part of a heating line and/or the control circuit or power electronics” should read “a control circuit and power electronics which are in operative connection with the heating line, whereby in addition to the heating line, the control circuit and power electronics are formed on the IMS printed circuit board, whereby the IMS printed circuit board is configured with multiple layers so that conducting-path layers are formed, separated by insulation layers and lying one on top of the other, which then each form part of a heating line and/or the control circuit and power electronics”. Claim 13 is objected to because it is presented as a block of text without proper sectioning required by 37 CFR 1.75(i). Appropriate correction is required. 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) 1,2,3,5,7,8,10,11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Tang et al (US 10,549,064) in view of Bissonnette et al (US2004/0101293). 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 elements are formed on the printed circuit board (contact sensor, which is a thermo-magnet switch, is in contact with the heating surface or heating tracks on heating apparatus 36, col 16, lines 30-40, and thermo fuse 52B may be provided on heating apparatus 36 to stop current flow through the heating element if the heat becomes excessive, col 16, lines 54-56, Fig. 5). Tang et al does not disclose wherein a control circuit and power electronics including switching elements are formed on the printed circuit board in a heat-conducting manner. Bissonnette et al teaches a fluid heater apparatus having a printed circuit board wherein a control circuit and power electronics including switching elements are formed on the printed circuit board in a heat-conducting manner (fluid heater having a printed circuit board 150 having MOSFETs 156 wherein the MOSFETs 156 generate heat that is transferred from printed circuit board 150 to first plate 140 which dissipates heating to thermal mass 40, paragraph 0062, lines 1-6, Fig. 9). 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 Bissonette et al before him or her, to modify the control elements of Tang et al to include the MOSFETs of Bissonette et al et al because combination allows for improved heating efficiency by heating the fluid with heat from electric components of the control elements. With regards to claim 2, Bissonette et al teaches the control circuit and power electronics which are in operative connection with the at least one heating line (MOSFETs, are used as part of the controller 28 and to provide the necessary high current, typically 50 amps at 12 volts, to the heating elements 104, 106 and 107 in the thermal mass 40, paragraph 0059, lines 1-3). 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 elements are formed on the printed circuit board (contact sensor, which is a thermo-magnet switch, is in contact with the heating surface or heating tracks on heating apparatus 36, col 16, lines 30-40, and thermo fuse 52B may be provided on heating apparatus 36 to stop current flow through the heating element if the heat becomes excessive, col 16, lines 54-56, Fig. 5). Tang et al does not disclose wherein a control circuit and power electronics including switching elements are formed on the printed circuit board in a heat-conducting manner. Bissonnette et al teaches a fluid heater apparatus having a printed circuit board wherein a control circuit and power electronics including switching elements are formed on the printed circuit board in a heat-conducting manner (fluid heater having a printed circuit board 150 having MOSFETs 156 wherein the MOSFETs 156 generate heat that is transferred from printed circuit board 150 to first plate 140 which dissipates heating to thermal mass 40, paragraph 0062, lines 1-6, Fig. 9). 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 Bissonette et al before him or her, to modify the control elements of Tang et al to include the MOSFETs of Bissonette et al et al because combination allows for improved heating efficiency by heating the fluid with heat from electric components of the control elements. 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). With regards to claim 13, Tang et al discloses 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) having at least one conducting path, characterized by at least one heating line formed by the 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) 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) and having a heat dispersion layer for transferring heat to the fluid (hot plate 44 which is a heatable element which can transfer heat to a fluid, Fig. 5), characterized in elements which are in operative connection with the heating line (contact sensor, which is a thermo-magnet switch, is in contact with the heating surface or heating tracks on heating apparatus 36, col 16, lines 30-40, and thermo fuse 52B may be provided on heating apparatus 36 to stop current flow through the heating element if the heat becomes excessive, col 16, lines 54-56, Fig. 5), whereby in addition to the heating line, the elements are formed on the IMS printed circuit board (contact sensor, which is a thermo-magnet switch, is in contact with the heating surface or heating tracks on heating apparatus 36, col 16, lines 30-40, and thermo fuse 52B may be provided on heating apparatus 36 to stop current flow through the heating element if the heat becomes excessive, col 16, lines 54-56, Fig. 5), whereby the IMS printed circuit board is configured with multiple layers so that conducting-path layers are formed (heating apparatus 36 which is a printed circuit board has multiple layers, Fig. 4-1), separated by insulation layers and lying one on top of the other, which then each form part of a heating line and/or the elements (thermally conductive layer 46 provides electrical insulation between heating element 48 and the hot plate 44 of heating apparatus 36, col 8, lines 26-28 and the protective layer 50 may also provide electrical insulation and some thermal insulation between the heating element 48 and the insulating layer 38 in the cradle bottom 40 of the humidifier chamber 16, col 10, lines 14-18). Tang et al does not disclose wherein a control circuit and power electronics. Bissonnette et al teaches a fluid heater apparatus having a printed circuit board having a control circuit and power electronics (fluid heater having a printed circuit board 150 having MOSFETs 156 wherein the MOSFETs 156 generate heat that is transferred from printed circuit board 150 to first plate 140 which dissipates heating to thermal mass 40, paragraph 0062, lines 1-6, Fig. 9). 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 Bissonette et al before him or her, to modify the control elements of Tang et al to include the MOSFETs of Bissonette et al et al because combination allows for efficiently control current for heating with minimal input power which enables better temperature control. Claim(s) 4,6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Tang et al and Bissonnette 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). Allowable Subject Matter Claim 12 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. Claim 12 is objected to because the prior art does not disclose or teach two printed circuit boards being accommodated in said electronics compartment and being arranged side by side to each other in parallel distance to the upper and lower housing lids, respectively, such that a fluid compartment is formed between both printed circuit boards. Response to Arguments Applicant’s arguments with respect to claim(s) 1-3,5,7,8,10 and 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. A new ground(s) of rejection is made in view of Tang et al and Bissonnette et al. 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 on 5712725567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /THOMAS J WARD/Examiner, Art Unit 3761 /JOHN J NORTON/Primary Examiner, Art Unit 3761
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Prosecution Timeline

Show 10 earlier events
Jan 30, 2026
Response Filed
Jun 02, 2026
Final Rejection mailed — §103
Jul 20, 2026
Interview Requested
Jul 30, 2026
Applicant Interview (Telephonic)
Jul 30, 2026
Examiner Interview Summary
Aug 25, 2026
Request for Continued Examination
Aug 26, 2026
Response after Non-Final Action
Sep 03, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
52%
Grant Probability
77%
With Interview (+25.8%)
4y 1m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 655 resolved cases by this examiner. Grant probability derived from career allowance rate.

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