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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/1/2025 has been entered.
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. FR1913351, filed on 11/10/2020.
Claim Status
Claim 1 has been amended.
Claim 10 has been canceled.
Claim 11 has been newly added.
Claims 1-9 and 11 are pending and examined as follows:
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: heat sensitive element in claim 9.
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 heat sensitive element is a flap (paragraph 0073, lines 3-5).
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 § 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) 1,2,4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Nishiyashiki (US 2009/0296782) in view of Shiraishi et al (US 2006/0162350) in view Gamberoni et al (WO2018189302A1).
With regards to claim 1, Nishiyashiki discloses an electric radiator configured to be disposed in a casing of a ventilating, heating and/or air conditioning system of a vehicle (evaporator or heat exchanger 12 as [art pf a vehicular air conditioning unit, Fig. 1, paragraph 0029, lines 1-3), comprising a heating body comprising heating elements (tube 12 that can be heated, Fig. 1), radiant elements formed of fins (corrugated fin 23, Fig. 1); a frame that houses the heating elements and the radiant elements (sidewalls of evaporator 12, Fig. 1); an electrical connection interface (harness 16 comprises a supply lead 24 through which a current flows from a detection control circuit to the thermistor, and a return lead 26 through which a current flows from the thermistor to the detection control circuit, the supply and return leads 24, 26 being covered with an insulating cover 28, Fig. 2, paragraph 0031, lines 2-5); and at least one temperature sensor configured measure a temperature of an air flow leaving the heating body (temperature detector 10 disposed between tubular members 14 and comprises tubular member 14, Fig. 2) and a support body configured to support the temperature sensor (holder 30 for supporting temperature detector 10, Fig. 2) ,a connection wiring configured to electrically connect a traverse end of the support body to the electrical connection interface (temperature detector is electrically connected to a power source by harness 16 which comprises a supply lead 24 through which a current flows from a detection control circuit to the thermistor, and a return lead 26 through which a current flows from the thermistor to the detection control circuit, the supply and return leads 24, 26 being covered with an insulating cover 28, Fig. 2, paragraph 0031, lines 2-5).
Nishiyashiki does not disclose an electrical connection interface fixed at one end of the frame; the support body comprises two transverse bars connected to one another by vertical uprights and openings formed between neighboring vertical uprights and the transverse bars, wherein the temperature sensor is configured to be arranged at one of the openings.
Shiraishi et al teaches an air conditioning unit having an electrical connection interface fixed at one end of the frame (a cylindrical seal portion 16a holding a lead wire 14g which is fixed to case 11, Fig. 1); the support body (sensor holder 14a, Fig. 1) comprises two transverse bars connected to one another by vertical uprights and openings formed between neighboring vertical uprights and the transverse bars, wherein the temperature sensor is configured to be arranged at one of the openings 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 Nishiyashiki and Shiraishi et al before him or her, to modify the sensor holder of Nishiyashik to include the sensor holder of Shiraishi et al because the combination allows for the temperature sensor to be held in a mechanically enhanced way to provide efficient temperature regulation.
Nishiyashiki and Shiraishi et al does not teach wherein the temperature measuring device is located at a distance of at least 20 mm from the heating body and is disposed facing an outlet face of the heating body.
Gamberoni et al teaches wherein the temperature measuring device is located at a distance of at least 20 mm from the heating body and is disposed facing an outlet face of the heating body (each sensor is exactly spaced 20 mm in vertical and horizontal direction towards the inside of the radiator, page 17, lines 3-4).
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 Nishiyashiki, Shiraishi et al and Gamberoni et al before him or her, to modify the sensor holder of Nishiyashik and Shiraishi et al to include the sensor distance of Gamberoni et al because the combination to provide the constant measure of the outside temperature and the sensor is placed far from any perturbation.
With regards to claim 2, Nishiyashiki discloses wherein the at least one temperature sensor has a sensor head housed in the support body (temperature detector 10 has a tubular member 14 inserted into retainer 38 of holder 30, Fig. 2) and connection wires which link the sensor head to the connection wiring by extending in particular along channels formed in the support body (temperature detector is electrically connected to a power source by harness 16 which comprises a supply lead 24 through which a current flows from a detection control circuit to the thermistor, and a return lead 26 through which a current flows from the thermistor to the detection control circuit, the supply and return leads 24, 26 being covered with an insulating cover 28, Fig. 2, paragraph 0031, lines 2-5).
With regards to claim 4, Nishiyashiki discloses wherein the support body for supporting the temperature sensor has a plurality of openings made between two transverse bars and uprights linking the transverse bars to one another (opening that receives tubular member 14 and opening that receives harness 16 of holder 30, Fig. 2), said openings making it possible to house the sensor head of the at least one temperature sensor (tubular member 14 passes through an opening of holder 30, Fig. 2)
With regards to claim 5, Nishiyashiki discloses wherein the connection wiring is electrically linked to a low voltage connector of the electrical connection interface, said connector being arranged on an external face of a cover plate of the electrical connection interface (the harness 16 projects from the disk-shaped end 18 of the tubular member 14. As shown in FIG. 2, the harness 16 comprises a supply lead 24 through which a current flows from a detection control circuit to the thermistor, and a return lead 26 through which a current flows from the thermistor to the detection control circuit, paragraph 0031, lines 1-4).
Claim(s) 3,6-9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Nishiyashiki, Shiraishi et al and Gamberoni et al as applied to claim 1, in view of Bohlender et al (EP2772375).
With regards to claim 3, Nishiyashiki, Shiraishi et al and Gamberoni et al does not teach wherein the temperature measuring device comprises a plurality of temperature sensors, the connection wires specific to each temperature sensor being grouped together to from the connection wiring at said transverse end of the support body.
Bohlender et al teaches wherein the temperature measuring device comprises a plurality of temperature sensors (temperature sensors 70, Fig. 4), the connection wires specific to each temperature sensor being grouped together to from the connection wiring at said transverse end of the support body (electrical connections 75 are attached at each of temperature sensors 70, 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 Nishiyashiki, Shiraishi et al, Gamberoni et al and Bohlender et al before him or her, to modify the temperature sensor of Nishiyashik, Shiraishi et al and Gamberoni et al to include the temperature sensors of Bohlender et al because multiple temperature sensors allow for precise heating control in a heating apparatus.
With regards to claim 6, Nishiyashiki discloses a ventilating, heating and/or air conditioning system of a vehicle (evaporator 12, Fig. 1), comprising a casing and an electric radiator (evaporator 12 serves as part of a vehicular air-conditioning unit, paragraph 0029, lines 2-3), comprising a heating body (corrugated fin 23, Fig. 1); an electrical connection interface (harness 16 comprises a supply lead 24 through which a current flows from a detection control circuit to the thermistor, and a return lead 26 through which a current flows from the thermistor to the detection control circuit, the supply and return leads 24, 26 being covered with an insulating cover 28, Fig. 2, paragraph 0031, lines 2-5); and at least one temperature measuring device disposed across an air flow able to traverse the heating body and comprising at least one temperature sensor (temperature detector 10 disposed between tubular members 14 and comprises tubular member 14, Fig. 2) and a support body for supporting said temperature sensor extending in a transverse direction some distance from the heating body (holder 30 for supporting temperature detector 10, Fig. 2) ,wherein the temperature measuring device is electrically connected to the electrical connection interface of the radiator by way of connection wiring which extends from a transverse end of the support body for supporting the temperature sensor (temperature detector is electrically connected to a power source by harness 16 which comprises a supply lead 24 through which a current flows from a detection control circuit to the thermistor, and a return lead 26 through which a current flows from the thermistor to the detection control circuit, the supply and return leads 24, 26 being covered with an insulating cover 28, Fig. 2, paragraph 0031, lines 2-5). Nishiyashiki does not disclose an electrical connection interface fixed at one end of the frame; the support body comprises two transverse bars connected to one another by vertical uprights and openings formed between neighboring vertical uprights and the transverse bars, wherein the temperature sensor is configured to be arranged at one of the openings.
Shiraishi et al teaches an air conditioning unit having an electrical connection interface fixed at one end of the frame (a cylindrical seal portion 16a holding a lead wire 14g which is fixed to case 11, Fig. 1); the support body (sensor holder 14a, Fig. 1) comprises two transverse bars connected to one another by vertical uprights and openings formed between neighboring vertical uprights and the transverse bars, wherein the temperature sensor is configured to be arranged at one of the openings 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 Nishiyashiki and Shiraishi et al before him or her, to modify the sensor holder of Nishiyashik to include the sensor holder of Shiraishi et al because the combination allows for the temperature sensor to be held in a mechanically enhanced way to provide efficient temperature regulation.
Nishiyashiki and Shiraishi et al does not teach wherein the temperature measuring device is located at a distance of at least 20 mm from the heating body and is disposed facing an outlet face of the heating body.
Gamberoni et al teaches wherein the temperature measuring device is located at a distance of at least 20 mm from the heating body and is disposed facing an outlet face of the heating body (each sensor is exactly spaced 20 mm in vertical and horizontal direction towards the inside of the radiator, page 17, lines 3-4).
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 Nishiyashiki, Shiraishi et al and Gamberoni et al before him or her, to modify the sensor holder of Nishiyashik and Shiraishi et al to include the sensor distance of Gamberoni et al because the combination to provide the constant measure of the outside temperature and the sensor is placed far from any perturbation.
Nishiyashiki, Shiraishi et al and Gamberoni et al does not teach the electric radiator is able to be housed in said casing, wherein the casing is provided with at least one air circulation duct across which the heating body of the electric radiator is arranged, said casing having for the one part on a first wall an opening for inserting the heating body into a housing, and for the other part a notch formed separately from the opening defining the housing and sized so as to receive the temperature measuring device.
Bohlender et al teaches the electric radiator is able to be housed in said casing (radiator element 40 is housed in frame 20, Fig. 4), wherein the casing is provided with at least one air circulation duct across which the heating body of the electric radiator is arranged (frame 20 has receiving space 35 where radiator element 40 is placed, Fig. 4), said casing having for the one part on a first wall an opening for inserting the heating body into a housing (frame 20 has receiving space 35 where radiator element 40 is placed, Fig. 4), and for the other part a notch formed separately from the opening defining the housing and sized so as to receive the temperature measuring device (pin 60 to receive sensor 70, Fig. 7).
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 Nishiyashiki, Shiraishi et al, Gamberoni et al and Bohlender et al before him or her, to modify the radiator of Nishiyashiki, Shiraishi et al and Gamberoni et al to include the casing of Bohlender et al because the casing provides mechanical strength to a radiator being held in a vehicle. ]
With regards to claim 7, Nishiyashiki discloses wherein the connection wiring extends from the transverse end of the support body to the electrical connection interface, on the outside of the casing (the harness 16 comprises a supply lead 24 through which a current flows from a detection control circuit to the thermistor, and a return lead 26 through which a current flows from the thermistor to the detection control circuit, paragraph 0031, lines 2-4).
With regards to claim 8, Bohlender et al teaches wherein the notch is formed in a second wall substantially perpendicular to the first wall which the opening for inserting the heating body into the housing is formed (pin 60 is formed by a wall that is perpendicular to a wall of housing 10 that accommodates connections 50 connected to heating elements 30, Fig. 7).
With regards to claim 9, Nishiyashiki discloses wherein the temperature measuring device is disposed between the heating body of the radiator and a heat-sensitive element housed in the casing of the system (temperature sensor 70 is disposed between the heating elements 30 and flaps of inner space 5, Fig. 3).
With regards to claim 11, Bohlender et al teaches wherein the electrical connection interface includes a high-voltage section for powering the heating elements and a low-voltage section for connecting the temperature sensor (control device 15 has space for wiring to both connection 50 of PTC heating elements 30 and electrical connections 75 of the temperature sensors 70, Fig. 5).
Response to Arguments
Applicant's arguments filed 12/1/2025 have been fully considered but they are not persuasive.
Applicants’ argument: Applicant argues the prior art does not disclose or teach all the amended limitations of claim 1.
Examiners response: Applicant has amended claim 1 to include “wherein the temperature measuring device is located at a distance of at least 20 mm from the heating body and is disposed facing an outlet face of the heating body”. Gamberoni et al teaches wherein the temperature measuring device is located at a distance of at least 20 mm from the heating body and is disposed facing an outlet face of the heating body (each sensor is exactly spaced 20 mm in vertical and horizontal direction towards the inside of the radiator, page 17, lines 3-4).
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.
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/THOMAS J WARD/
Examiner, Art Unit 3761
/EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761