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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/03/2025 has been entered.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamiyama et al (JP2013230021) in view of Kominami et al (US 2013/0092744) and Seger et al (US 2007/0194009).
Regarding claim 1, Yamiyama discloses an electric fluid heating device for a motor vehicle, comprising:
at least one electric heating element (Fig. 4 #3 electric heater) configured to heat the fluid,
a temperature sensor (Fig. 4 #36 temperature sensor) configured to provide information on the temperature of the fluid,
an inrush current switch (Fig. 4 #50 IGBT), configured to create an inrush current in a power supply circuit for the at least one heating element (Fig. 4 #3 electric heater),
an opening means (Fig. 4 #20 fuse) configured to open the power supply circuit when an inrush current occurs, wherein the temperature sensor (Fig. 4 #36 temperature sensor) and the inrush current switch (Fig. 4 #50 IGBT) are positioned independently of one another (Shown in Fig. 4), and wherein the heating device is configured to transmit a signal from the temperature sensor to the inrush current switch (The temperature sensor, the amplifier, the switch, and the controller communicate through connecting wires indicated by dotted lines between the various elements.).
However, Yamiyama does not disclose a first chamber configured to accommodate the at least one heating element, and further configured to contain the fluid, a control circuit board configured to control an electric current flowing through the at least one electric heating element, a heat sink disposed in a second chamber between the control circuit board and the first chamber, wherein the temperature sensor is mounted on the control circuit board.
Nonetheless, Kominami is recognized in the field of endeavor of electric heating in vehicles.
Kominami teaches a first chamber (Fig. 3(B) # 11b casing) configured to accommodate the at least one heating element (Fig. 3(B) #17 heat-exchange tubes), and further configured to contain the fluid,
a control circuit board (Fig. 3(A) #13 control board) configured to control an electric current flowing through the at least one electric heating element (Fig. 3(B) #17 heat-exchange tubes),
a heat sink (Fig. 3(A) #16 heat-exchange pressing member) disposed in a second chamber (Examiner considers the second chamber to be the space where the heat sink occupies.) between the control circuit board (Fig. 3 (A) #13 control board) and the first chamber (Fig. 3(B) #11b casing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heating device of Yamiyama by incorporating the chamber of Kominami for the benefit of protect the control board and heaters from outside , the controller of Kominami for the benefit of automated control of the heaters, and the heat sink of Kominami for the benefit of dissipating access heat away from the circuit board.
Furthermore, Seger is recognized in the field of endeavor of electronic control of temperature.
Seger teaches wherein the temperature sensor is mounted on the control circuit board ([0072] lines 1-5 ---" Referring now to FIG. 10, an implementation is shown of the temperature sensing circuit. The temperature sensing circuit includes a temperature sensor, such as a thermistor TH1 that senses the temperature of power module 26.” and lines 11-13 ---" For example, thermistor TH1 can be mounted on PCB 52 between transistors Q2 and Q3 (see FIG. 5.)”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heating device of Yamiyama by incorporating the temperature sensor mounted on a control circuit board as taught by Seger for the benefit of simplifying heating device construction.
Regarding claim 2, Yamiyama in view of Kominami and Seger teaches the heating device as appears above (see the rejection of claim 1), and Yamiyama teaches comprising a means for transmitting the signal between the temperature sensor and the inrush current switch (The temperature sensor, the amplifier, the switch, and the controller communicate through connecting wires indicated by dotted lines between the various elements. Shown in Fig. 4.).
Regarding claim 3, in view of Kominami and Seger Yamiyama teaches the heating device as appears above (see the rejection of claim 2), and Yamiyama teaches wherein the means for transmitting the signal comprises an electrical conductor (The temperature sensor, the amplifier, the switch, and the controller communicate through connecting wires indicated by dotted lines between the various elements. Shown in Fig. 4.).
Regarding claim 4, Yamiyama in view of Kominami and Seger teaches the heating device as appears above (see the rejection of claim 3), and Yamiyama teaches wherein the controller (Fig. 4 #33 controller) comprises a microcontroller (The controller implies the inclusion of a microcontroller due to its function.) able to control the inrush current switch ([0058]), and wherein the means for transmitting the signal provides the connection between the temperature sensor and said microcontroller (The temperature sensor, the amplifier, the switch, and the controller communicate through connecting wires indicated by dotted lines between the various elements. Shown in Fig. 4.).
Regarding claim 5, Yamiyama in view of Kominami and Seger teaches the heating device as appears above (see the rejection of claim 1), and Yamiyama teaches wherein the inrush current switch (Fig. 4 #50 IGBT) is connected on a short-circuit line (Fig. 4 #10 short-circuit current line) parallel with the electric heating element (Fig. 4 #3 electric heater), said short-circuit line (Fig. 4 #10 short-circuit current line) comprising a first end (Fig. 4 #10a end) and a second end (Fig. 4 #10b end).
Regarding claim 6, Yamiyama in view of Kominami and Seger teaches the heating device as appears above (see the rejection of claim 5), and Yamiyama teaches further comprising an upstream switch (Fig. 4 #30 IGBT at the top of the circuit) and a downstream switch (Fig. 4 #30 IGBT at the bottom of the circuit) connected in series with the electric heating element (Fig. 4 #3 electric heater), said electric heating element (Fig. 4 #3 electric heater) being positioned between said upstream switch (Fig. 4 #30 IGBT at the top of the circuit) and said downstream switch (Fig. 4 #30 IGBT at the bottom of the circuit), at least one of said upstream and downstream switches being configured to regulate the current flowing through said electric heating element.
Regarding claim 7, Yamiyama in view of Kominami and Seger teaches the heating device as appears above (see the rejection of claim 6), and Yamiyama teaches wherein the first end (Fig. 4 #10a end) of the short-circuit line (Fig. 4 #10 short-circuit current line) is positioned directly upstream of the electric heating element (Fig. 4 #3 electric heater), and/or the second end (Fig. 4 #10b end) of the short-circuit line (Fig. 4 #10 short-circuit current line) is positioned directly downstream of said electric heating element (Fig. 4 #3 electric heater).
Regarding claim 8, Yamiyama in view of Kominami and Seger teaches the heating device as appears above (see the rejection of claim 6), and Yamiyama teaches wherein the first end (Fig. 4 #10a end) of the short-circuit line (Fig. 4 #10 short-circuit current line) is positioned upstream of the upstream switch (Fig. 4 #30 IGBT at the top of the circuit) and/or the second end (Fig. 4 #10b end) of the short-circuit line (Fig. 4 #10 short-circuit current line) is positioned downstream of the downstream switch (Fig. 4 #30 IGBT at the bottom of the circuit).
Regarding claim 9, Yamiyama in view of Kominami and Seger teaches the heating device as appears above (see the rejection of claim 6), and Yamiyama teaches wherein the means for opening the circuit comprises at least one fuse (Fig. 4 #20 fuse) mounted upstream of the first end of the short-circuit line (Fig. 4 #10 short-circuit current line) or downstream of the second end of the short-circuit line, said fuse being configured to protect the electric heating element (Fig. 4 #3 electric heater) in the event of simultaneous failure of the upstream switch (Fig. 4 #30 IGBT at the top of the circuit) and of the downstream switch (Fig. 4 #30 IGBT at the bottom of the circuit).
Response to Arguments
Applicant's arguments filed 12/03/2025 have been fully considered but they are not persuasive.
Applicant argues that the cited prior art does not teach a heat sink disposed in a second chamber between the control circuit board and the first chamber. Examiner respectfully disagrees.
Kominami teaches a heat sink disposed between the heating elements and the circuit board. The is a space between the heating elements and the circuit board. The heat sink is disposed in that space and Examiner considers that space to be a second chamber.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOE E MILLS JR. whose telephone number is (571)272-8449. The examiner can normally be reached M-F 8-5.
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/JOE E MILLS JR./ Examiner, Art Unit 3761