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 .
Specification
The disclosure is objected to because of the following informalities:
para. 0073, line 3 recites “transverse cutting device 4” and should be “transverse cutting device [[4]]18” so as to match para. 0075 and fig. 2
Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 9 is objected to because of the following informalities: “a plurality of weak points is provided in the heating varnish” in lines 1-2 should recite “wherein a plurality of weak points [[is]]are provided in the heating varnish”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1-24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “the packaging film” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Since dependent claim 20 recites “a packaging film” in line 3, Examiner will interpret claim 1 as reciting “[[the]]a packaging film”, and claim 20 as reciting “[[a]]the packaging film.”
Claims 2-24 are also rejected because of dependence on a rejected claim.
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.
Claims 1-5, 11-17, and 20-24 are rejected under 35 U.S.C. 103 as being unpatentable over Ehrmann (US 20110061344 A1) in view of Donges (US 20060096251 A1).
Regarding claim 1, Ehrmann discloses:
A workstation [fig. 1: moulding station #2, sealing station #3] for a film-processing packaging machine [fig. 1: packaging machine #1; para. 0011: “An object of the present disclosure is to provide a device which is suitable for heating a film individually with different temperature levels taking into account in this respect the energy consumption required for the moulding process and eliminating the disadvantages of the state of the art.”],
wherein the workstation defines
a film transport plane in which the packaging film can be transported [fig. 1: working direction R; para. 0043: “Furthermore, the packaging machine 1 has a feed device, which is not shown and which grips the film 8 to transport it further in the working direction R during each main operating cycle.”], and
the workstation comprises an electrically operable heating assembly [fig. 2: preheating station #21, preheater #22, preheater #23; para. 0052: “FIG. 2 illustrates a moulding station 2 with a preceding preheating station 21 in a variant with a preheater 22 arranged above and also a preheater 23 arranged below.”],
wherein the heating assembly comprises
a heating plate [i.e., a heating surface; para. 0024: “The methodical sequence according to the invention with an intermittently operating deep-draw packaging machine with at least one heating surface”],
an electrically conductive planar resistance heating element heater element #28; para. 0018: “The thick-film technology facilitates integration of a plurality of heater elements in a common layer, which can be fitted on a carrier plate and thus be formed as a heating plate. Preferably, a flat arrangement of this nature can be fitted in an upper part of the mould tool or can preheat the films as a preheater above and/or below the film before the moulding station if the time available in the moulding station is not sufficient.”], and
wherein the resistance heating element Ehrmann discloses a thickness of a heater element to be at least 1μm; para. 0012: “For the purpose of the disclosure, "thick-film heating" is taken to mean heating in which the heater elements (without substrate or carrier) have a thickness of at least 1 μm.”].
Although Ehrmann discloses the that it is desirable that a heating surface can be heated quickly to a required temperature and is able to cool down just as quickly [para. 0013], and some basic structure [para. 0018: “The thick-film technology facilitates integration of a plurality of heater elements in a common layer, which can be fitted on a carrier plate and thus be formed as a heating plate.”], Ehrmann does not go into detail regarding the construction of the heating assembly. Specifically, Ehrmann does not explicitly disclose:
wherein the heating assembly comprises
a clamping plate and
the electrically conductive planar resistance heating element arranged between the heating plate and the clamping plate, and
wherein the resistance heating element in each of two directions spanning a plane parallel to the film transport plane [i.e., the length and width of an area covered by the heating element] has a dimension that is greater by a factor of at least 100 than the dimension in the direction perpendicular to the film transport plane [i.e., the thickness of the heating element].
Donges, in the same field of endeavor [para. 0045: “FIG. 1 shows a packaging machine”], teaches
wherein a heating assembly [para. 0050: “FIG. 2 shows a tool according to the invention, in the present case a heating plate”] comprises
a clamping plate [fig. 2: plate #6] and
an electrically conductive planar resistance heating element [fig. 2: article #1 comprising track #2; para. 0050: “The tool, in the present case a heating plate, comprises a first shaped article 1, a plastics plate with elevated electrical resistance. Located on the plastics plate is a track 2”] arranged between a heating plate [fig. 2: plate #5] and the clamping plate [fig. 2; para. 0050: “The plastics plate 1 is clamped between a second shaped article 5, in this case an aluminium plate, and a third shaped article 6”], and
wherein the resistance heating element in each of two directions spanning a plane parallel to the film transport plane has a dimension that is greater by a factor of at least 100 than the dimension in the direction perpendicular to the film transport plane [para. 0008: “The first shaped article exhibits any desired shape or size and is of any desired thickness. For example, it may be a sheet, film or coating with a thickness in the range from preferably 0.1-3000 µm, which is deposited on or applied to another shaped article, for example, and on or in which the track is arranged.”].
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify heating assembly of Ehrmann by:
including a clamping plate and the technique of arranging a heating element between a heating plate and a clamping plate, since Donges teaches that this makes possible easy exchange of the heating element [para. 0010];
wherein the heating element in each of two directions spanning a plane parallel to the film transport plane has a dimension that is greater by a factor of at least 100 than a dimension in the direction perpendicular to the film transport plane, since it has been held by the courts that a change in shape or configuration, without any criticality in operation of the device, is nothing more than one of numerous shapes that one of ordinary skill in the art will find obvious to provide based on the suitability for the intended final application [see In re Dailey, 149 USPQ 47 (CCPA 1976)].
It appears that the disclosed device would perform equally well shaped as disclosed by Donges, wherein the length, width, and thickness of the article #1, which corresponds to the heating element disposed thereon or embedded therein [para. 0006], can be any desired shape or size and is of any desired thickness [para. 0008]. In this case, selecting a length, width, and thickness of the heating element would have resulted naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
Regarding claim 2, Ehrmann in view of Donges discloses the workstation according to claim 1.
Ehrmann as modified by Donges further discloses: wherein an electrically insulating insulator is arranged between the resistance heating element and the heating plate and/or between the resistance heating element and the clamping plate.
Specifically, Donges further teaches wherein an electrically insulating insulator [fig. 2: electrically insulating layer #7, silicone rubber #8] is arranged
between the resistance heating element and the heating plate [para. 0050: “A 50 µm thick electrically insulating layer 7 of hard anodised aluminium is also arranged between the track 2 and the aluminium plate 5 in order to prevent short-circuiting of the track 2 through the aluminium plate 5.”] and/or
between the resistance heating element and the clamping plate [para. 0050: “in this case a heat-insulating plate, wherein a resilient layer of silicone rubber 8 is additionally arranged between the plastics plate 1 and the heat-insulating plate 6.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to further modify the heating assembly of Ehrmann by:
using the known technique of arranging an electrically insulating insulator between the resistance heating element and the heating plate and/or between the resistance heating element and the clamping plate, since this would prevent shorts [para. 0026: “An electrically insulating layer is preferably arranged between the first shaped article and the second shaped article, such that short-circuiting between parts of the track and the second shaped article is reliably prevented.”].
Regarding claim 3, Ehrmann in view of Donges discloses the workstation according to claim 1.
Ehrmann as modified by Donges further discloses: wherein a thickness of the heating assembly from an upper edge of the clamping plate to a lower edge of the heating plate is 6 to 26 mm.
Specifically, in view of Donges teaching the desire to provide a packaging machine that exhibits a precisely adjustable temperature distribution having a rapid response, that is also cheap and easy assemble and dissemble [para. 0004] while also providing the clamping arrangement of heating assembly [para. 0010], and in light of Donges disclosure of the thickness ranges for article 1 [0.001-3mm; para. 0008], the heating element [0.59mm-1.5mm; para. 0023], and the insulating layer [less than .1mm; para. 0027], relative to the given thickness of plate 5 being 10mm [para. 0050], it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the heating assembly of Ehrmann and Donges, wherein:
a thickness of the heating assembly from an upper edge of the clamping plate to a lower edge of the heating plate is 6 to 26 mm.
In this case, it would have been an obvious matter of design choice to select a thickness of the heating assembly, since the applicant has not disclosed that the thickness solves any problem or is for a particular reason. It appears that the claimed invention would perform equally well with the heating assembly sized as disclosed by Donges.
Regarding claim 4, Ehrmann in view of Donges discloses the workstation according to claim 3.
Ehrmann as modified by Donges further discloses: wherein the thickness of the heating assembly from the upper edge of the clamping plate to the lower edge of the heating plate is in the range of 8 to 15 mm.
Specifically, Donges discloses a thickness range for article 1 [0.001-3mm; para. 0008], a thickness range for the heating element [0.59mm-1.5mm; para. 0023], a thickness range for the insulating layer [less than .1mm; para. 0027], and an example thickness of plate 5 being 10mm.
Thus, in view of Donges teaching the desire to provide a packaging machine that exhibits a precisely adjustable temperature distribution having a rapid response, that is also cheap and easy assemble and dissemble [para. 0004] while also providing the clamping arrangement of heating assembly [para. 0010], and in light of Donges disclosure of the thickness ranges for article 1, the heating element, and the insulating layer relative to the given thickness of plate 5 being 10mm, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the heating assembly of Ehrmann and Donges, wherein:
a thickness of the heating assembly from the upper edge of the clamping plate to the lower edge of the heating plate is in the range of 8 to 15 mm.
In this case, selecting a thickness for the clamping plate such that the thickness of the heating assembly is between 8 and 15mm would have resulted naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application. It would have been an obvious matter of design choice to select a thickness of the heating assembly, since the applicant has not disclosed that the thickness solves any problem or is for a particular reason. It appears that the claimed invention would perform equally well with the heating assembly sized as disclosed by Donges.
Regarding claim 5, Ehrmann in view of Donges discloses the workstation according to claim 1.
Ehrmann as modified by Donges, Specifically Donges further discloses: wherein the resistance heating element has an area of 5,000 to 1,500,000 mm2 [para. 0008: “The first shaped article exhibits any desired shape or size and is of any desired thickness. For example, it may be a sheet, film or coating with a thickness in the range from preferably 0.1-3000 µm, which is deposited on or applied to another shaped article, for example, and on or in which the track is arranged.”].
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify heating assembly of Ehrmann:
wherein the resistance heating element has an area of 5,000 to 1,500,000 mm2, since it has been held by the courts that a change in shape or configuration, without any criticality in operation of the device, is nothing more than one of numerous shapes that one of ordinary skill in the art will find obvious to provide based on the suitability for the intended final application [see In re Dailey, 149 USPQ 47 (CCPA 1976)].
It appears that the disclosed device would perform equally well sized as disclosed by Donges, wherein the area of the heating element can be any desired size [para. 0008]. In this case, selecting a size of the heating element would have resulted naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
Regarding claim 11, Ehrmann in view of Donges discloses the workstation according to claim 1.
Ehrmann further discloses:
wherein the resistance heating element comprises an electrical flat conductor para. 0018: “The thick-film technology facilitates integration of a plurality of heater elements in a common layer, which can be fitted on a carrier plate and thus be formed as a heating plate. Preferably, a flat arrangement of this nature can be fitted in an upper part of the mould tool or can preheat the films as a preheater above and/or below the film before the moulding station if the time available in the moulding station is not sufficient.”].
Ehrmann as modified by Donges, specifically Donges teaches wherein the electrical flat conductor has a meandering profile [para. 0009: “According to the invention, the track is arranged on or in the first shaped article in any desired pattern, wherein it never intersects itself, however. This pattern is preferably so selected that the track is distributed as uniformly as possible on or in the shaped article, so making it possible to achieve a very homogeneous temperature distribution. It is likewise preferable for the pattern to be so arranged that areas of the shaped article exhibit a higher track density than others, whereby the temperature in the areas of greater density is higher than in the areas of lower density while cross-section and material remain the same.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the heating assembly of Ehrmann wherein:
the resistance heating element comprises the electrical flat conductor having a meandering profile arranged in a plane, since Donges teaches that this allows for further control of the temperature distribution [para. 0009].
Regarding claim 12, Ehrmann in view of Donges discloses the workstation according to claim 11.
Ehrmann as modified by Donges, specifically Donges teaches wherein the flat conductor has a specific resistance of at least 0.45 Ω*mm2/m [para. 0005: “wherein the material, the geometry and/or the arrangement of the electrically conductive track is so selected that any desired temperature distribution may be achieved in the second shaped article.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the heating assembly of Ehrmann wherein:
the flat conductor has a specific resistance of at least 0.45 Ω*mm2/m since Donges teaches that the material and geometry of a resistor, and thus it’s specific resistance, is selected to achieve a desired temperature distribution [para. 0005]. In this case, the specific resistance of the resistor would have resulted naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
Regarding claim 13, Ehrmann in view of Donges discloses the workstation according to claim 12.
Ehrmann as modified by Donges, specifically Donges teaches wherein the specific resistance is at least 0.7 Ω*mm2/m [para. 0005: “wherein the material, the geometry and/or the arrangement of the electrically conductive track is so selected that any desired temperature distribution may be achieved in the second shaped article.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the heating assembly of Ehrmann wherein:
the flat conductor has a specific resistance of at least 0.7 Ω*mm2/m since Donges teaches that the material and geometry of a resistor, and thus it’s specific resistance, is selected to achieve a desired temperature distribution [para. 0005]. In this case, the specific resistance of the resistor would have resulted naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
Regarding claim 14, Ehrmann in view of Donges discloses the workstation according to claim 11.
Ehrmann as modified by Donges, specifically Donges teaches wherein the flat conductor comprises stainless steel, a chromium-nickel alloy, constantan, or graphite [para. 0007: “According to the invention, the track exhibits any desired length, wherein the material of the track is preferably copper, stainless steel and/or aluminium.”].
Although Ehrmann does not explicitly disclose the material comprising the resistor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try stainless steel or copper as the material for the conductor, as a person having ordinary skill has good reason to pursue the known options within his or her technical grasp.
Regarding claim 15, Ehrmann in view of Donges discloses the workstation according to claim 11.
Ehrmann as modified by Donges, specifically Donges teaches wherein an end section of the flat conductor has a larger cross section than a central section of the flat conductor [para. 0009: “The cross section of the track preferably varies in accordance with the desired temperature profile, wherein a small cross section results in a relatively high temperature and a large cross section in a relatively low temperature.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the heating assembly of Ehrmann wherein:
an end section of the flat conductor has a larger cross section than a central section of the flat conductor, since Donges teaches the known technique of adjusting the cross section of a resistor allows for achieving a desired temperature distribution [para. 0005: “wherein the material, the geometry and/or the arrangement of the electrically conductive track is so selected that any desired temperature distribution may be achieved in the second shaped article.”], and since in this case, choosing sizes for different cross sections along the resistor would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
Regarding claim 16, Ehrmann in view of Donges discloses the workstation according to claim 11.
Ehrmann as modified by Donges, specifically Donges teaches wherein the flat conductor has a thickness in a range from 10μm to 70μm [para. 0009: “The cross section of the track preferably varies in accordance with the desired temperature profile, wherein a small cross section results in a relatively high temperature and a large cross section in a relatively low temperature.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the heating assembly of Ehrmann wherein:
the flat conductor has a thickness in a range from 10μm to 70μm, since Donges teaches the known technique of adjusting the geometry of a resistor allows for achieving a desired temperature distribution [para. 0005: “wherein the material, the geometry and/or the arrangement of the electrically conductive track is so selected that any desired temperature distribution may be achieved in the second shaped article.”], and since in this case, adjusting the thickness would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
Regarding claim 17, Ehrmann in view of Donges discloses the workstation according to claim 11.
Ehrmann as modified by Donges, specifically Donges teaches wherein the flat conductor has a width in a range from 1.5mm to 30mm [para. 0009: “The cross section of the track preferably varies in accordance with the desired temperature profile, wherein a small cross section results in a relatively high temperature and a large cross section in a relatively low temperature.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the heating assembly of Ehrmann wherein:
the flat conductor has a width in a range from 1.5mm to 30mm, since Donges teaches the known technique of adjusting the geometry of a resistor allows for achieving a desired temperature distribution [para. 0005: “wherein the material, the geometry and/or the arrangement of the electrically conductive track is so selected that any desired temperature distribution may be achieved in the second shaped article.”], and since in this case, adjusting the width would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
Regarding claim 20, Ehrmann in view of Donges discloses the workstation according to claim 1.
Ehrmann further discloses wherein the workstation is configured as a forming station [fig. 1: moulding station #2], as a preheating station [fig. 2: preheating station 21], as a labeling station, as a labeling printing station, or as a sealing station [fig. 1: sealing station #3] for processing a packaging film [para. 0018: “Preferably, a flat arrangement of this nature can be fitted in an upper part of the mould tool or can preheat the films as a preheater above and/or below the film before the moulding station if the time available in the moulding station is not sufficient.”].
Regarding claim 21, Ehrmann in view of Donges discloses the workstation according to claim 1.
Ehrmann as modified by Donges further discloses: wherein a thermal mass of the heating plate at least substantially corresponds to a thermal mass of the clamping plate.
The term “substantially” raises concerns about the claim being indefinite for using relative terminology (MPEP 2173.05(b)), but Applicant has clearly redefined the term in the written description [para. 0010: “It is particularly advantageous to have a thermal mass or heat capacity of the heating plate be just as great or at least substantially as great (i.e., with a maximum deviation of 10% or maximum 15%, preferably only maximum 1%) as the thermal mass or heat capacity of the clamping plate. This allows the heating plate and the clamping plate to heat up uniformly, thus preventing thermal stresses and the resulting damage.”].
Specifically, in view of Donges teaching the desire to provide a packaging machine that exhibits a precisely adjustable temperature distribution having a rapid response, that is also cheap and easy assemble and dissemble [para. 0004] while also providing the clamping arrangement of heating assembly [para. 0010], it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the heating assembly of Ehrmann and Donges, wherein:
a thermal mass of the heating plate at least substantially corresponds to a thermal mass of the clamping plate.
In this case, it would have been an obvious matter of design choice to select a thermal mass of the heating plate relative to a thermal mass of the clamping plate, since the applicant has not disclosed that selecting the relative thermal masses solves any problem or is for a particular reason. It appears that the claimed invention would perform equally well with the relative thermal mases sized in order to provide a packaging machine with a precisely adjustable temperature distribution having a rapid response, as disclosed by Donges.
Regarding claim 22, Ehrmann in view of Donges discloses the workstation according to claim 1.
Ehrmann further discloses a packaging machine [fig. 1: packaging machine #1] comprising the workstation according to claim 1.
Regarding claim 23, Ehrmann in view of Donges discloses the workstation according to claim 1.
Ehrmann further discloses: A method for operating the workstation according to claim 1, wherein
the heating plate of the workstation is made to contact the packaging film intermittently [Ehrmann discloses that the moulding station #2 comprises a lower part #24 that is made to contact the packaging film intermittently via a lifting gear; para. 0053: “The moulding station 2 comprises a lower part of the mould tool 24 with the moulding cavities 25. The lower part of the mould tool 24 is implemented for movement upwards and downwards via a lifting gear which is not illustrated.”],
the resistance heating element is supplied with a current pulse at least over a defined time interval prior to each contact between the heating plate and the packaging film to increase temperature of the heating plate [Ehrmann discloses that the heater elements can be controlled to heat up during the lifting of the lower part, and thus prior to contact, and then the heater elements are switched off once the moulding process starts; para. 0025: “The controller can meanwhile, or also only after the closure of the moulding station, control and heat up the heater elements which are realised as thick-film heater elements. This control can be implemented according to a program saved in the memory of the controller or can occur through entries fed into the controller by the operating personnel.”; para. 0027: “The controller switches off the heater elements once the film moulding process starts and the film is deformed into the lower part of the mould tool by means of compressed air in the upper part of the mould tool and/or negative pressure in the lower part of the mould tool.”].
Regarding claim 24, Ehrmann in view of Donges discloses the workstation according to claim 23.
Ehrmann further discloses wherein the temperature of the heating plate is kept constant at least temporarily during contact between the heating plate and the packaging film [Ehrmann discloses that in order to counteract undesired cooling of the film during contact, heating surfaces on the walls of the mould may be added such that the film can be maintained in a deformable state through a specific temperature level; para. 0020: “During the moulding process, with the initial contact of the film with a stamp or the surfaces of the moulding cavity in the lower part of the mould tool, rapid cooling of the film may occur in these partial regions. The consequence of this may be that the film in these partial regions can no longer extend sufficiently and the wall thickness of the film in the remaining regions reduces excessively. This undesired behaviour during the moulding process can be countered with the packaging machine according to the invention, if in addition or alternatively heating surfaces are fitted at least partially on the stamp or on the walls and/or bottom of the moulding cavity. Thus, the film can be maintained deform able also in these partial regions through a specific temperature level for as long as is necessary for the moulding process.”].
Claims 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Ehrmann (US 20110061344 A1) in view of Donges (US 20060096251 A1) as applied to claim 1 above, and further in view of Fluch (EP 3763167 B1).
Regarding claim 6, Ehrmann in view of Donges discloses the workstation according to claim 1.
Although Donges discloses that the heating element can be a printed track [para. 0006] or a deposited/applied sheet, film, or coating [para. 0008], neither Ehrmann nor Donges discloses a heating varnish as the heating element. Specifically, Ehrmann as modified by Donges does not explicitly disclose: wherein the resistance heating element comprises a layer of a heating varnish.
Fluch, in the same field of endeavor, teaches a heating varnish [fig. 1: electrically conductive adhesive layer #130] as a heating element [pp. 5: “Furthermore, the electrically conductive adhesive layer 130 is made on the basis of a baking varnish layer.”; p. 8: “Surface electrical components 100, 400, 500 can be operated here, as in many other applications, as a heater”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the heating assembly of Ehrmann and Donges by:
substituting a heating varnish as the resistance heating element since Fluch teaches that a heating varnish offers high mechanical and thermal stability as well as high corrosion protection [p. 3: “The electrically conductive adhesive layer is based on a baking varnish. Baked varnish layers are chemically curable adhesive layers specially developed for electrical core construction, which offer high mechanical and thermal (long-term) stability as well as high corrosion protection.”].
Regarding claim 7, Ehrmann in view of Donges and Fluch discloses the workstation according to claim 6.
Donges discloses the known technique wherein the resistance of a portion of a resistor is changed by varying a cross-section of the resistor so as to vary a temperature along the resistor [para. 0016].
Ehrmann as modified by Donges and Fluch, specifically Fluch further discloses wherein the layer of the heating varnish has a thickness of 15 μm to 250 μm [p. 6: “The layer thickness of the electrically conductive adhesive layer 130 can, for example, be equal to or greater than 30 μm, 50 μm, 75 μm, 100 μm or 150 μm.”] and/or a specific resistance of 100 to 1,400 Ω*mm2/m.
Regarding claim 8, Ehrmann in view of Donges and Fluch discloses the workstation according to claim 6.
Ehrmann as modified by Donges and Fluch, specifically Fluch further discloses wherein the layer of the heating varnish has a specific resistance in a range of 200 to 1,000 Ω*mm2/m [pp. 5-6: “Furthermore, the electrically conductive adhesive layer 130 is made on the basis of a baking varnish layer... In addition to the organics, the baking varnish contains fillers (e.g. electrically conductive particles made of carbon (e.g. soot particles, carbon nanotubes, etc.) or metal particles) in order to adjust the electrical conductivity according to the specific intended use in the product, and the rest can be used in the (dried) Baking varnish layer may also contain possible impurities.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the heating assembly of Ehrmann and Donges wherein:
the layer of the heating varnish has a specific resistance in a range of 200 to 1,000 Ω*mm2/m, since Fluch teaches that the specific resistance of a heating varnish can be adjusted according to the specific intended use [pp. 5-6]. In this case, selecting an amount of filler to thereby adjust the specific resistance of the heating element would have resulted naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
Regarding claim 9, Ehrmann in view of Donges and Fluch discloses the workstation according to claim 6.
Ehrmann as modified by Donges and Fluch, specifically Donges further teaches wherein a plurality of weak points is provided in the heating varnish [para. 0016: “Both the width of a track and its height may vary along the track, whereby the temperature advantageously varies along the track. For example, the temperature along the track may vary due to a change in the cross-section of the track in the area of the seal seam, in such a way that the seal seam is separable in a desired area while it is not separable in another desired area. The temperature in the area of smaller cross-section is higher at the same voltage and with the same material, and the seam produced is not separable, than in the area of larger cross section, in which the seam produced is separable.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the heating assembly of Ehrmann, Donges, and Fluch, by
substituting the known technique of providing different heat levels to different regions using individually controllable heater elements [as disclosed by Ehrmann, para. 0015] with providing a plurality of weak points in the heating varnish, since Donges teaches that providing weak points in a resistor by varying its height, would also allow for control of the temperature distribution [para. 0016].
Regarding claim 10, Ehrmann in view of Donges and Fluch discloses the workstation according to claim 9.
Ehrmann as modified by Donges and Fluch, specifically Donges further discloses wherein the plurality of weak points comprises openings or points with a reduced layer thickness of the heating varnish [para. 0016].
Claims 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Ehrmann (US 20110061344 A1) in view of Donges (US 20060096251 A1) as applied to claim 1 above, and further in view of Matsushita (US 20160192444 A1).
Regarding claim 18, Ehrmann in view of Donges discloses the workstation according to claim 1.
Ehrmann as modified by Donges, specifically Donges further teaches: wherein the heating plate comprises an intermediate plate [fig. 2: electrically insulating layer #7] and an outer heating plate [fig. 2: plate 5], the intermediate plate is arranged between the outer heating plate and the resistance heating elementpara. 0050: “A 50 µm thick electrically insulating layer 7 of hard anodised aluminium is also arranged between the track 2 and the aluminium plate 5 in order to prevent short-circuiting of the track 2 through the aluminium plate 5.”].
Although Ehrmann further discloses the known technique of using negative pressure to preferably draw the film onto the heater elements in order to uniformly locate the film on the heater element [para. 0026: “In order to introduce the heat energy into the film, the film is preferably drawn onto the heater elements by a negative pressure in the upper part of the mould tool, so that the film is located uniformly on the heater elements. The film heats up accordingly and the desired individual temperature levels arise within the film.”], Ehrmann does not disclose a negative pressure source or any corresponding connecting structures, and specifically neither Ehrmann nor Donges explicitly disclose:
the outer heating plate on its surface facing the resistance heating element comprises at least one vacuum channel which is connected to vacuum openings and covered by the intermediate plate.
Matsushita, in a similar field of endeavor, teaches wherein the outer heating plate on its surface facing the resistance heating element [i.e., the lower surface of first plate #105 facing heating element #118; see fig. 1] comprises at least one vacuum channel [fig. 3: vacuum grooves #302; para. 0012: “FIG. 3 depicts a backside view of a portion of a substrate support in accordance with some embodiments of the present disclosure.”; para. 0034: “As shown in FIG. 3, vacuum grooves 302 are also machined into the first plate 105.”] which is connected to vacuum openings [fig. 4: vacuum channels #402, openings #301; para. 0034: “Openings 301 extend through the first plate 105 to fluidly couple the vacuum grooves 302 with a plurality of vacuum channels (402 in FIG. 4) on top of the first plate 105.”].
Therefore, in order to provide the negative pressure for securing the film of Ehrmann, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the intermediate plate and outer heating plate of Ehrmann and Donges with the vacuum channels and vacuum openings of Matsushita, specifically such that the outer heating plate on its surface facing the resistance heating element comprises at least one vacuum channel which is connected to vacuum openings and covered by the intermediate plate, since Matsushita teaches that the vacuum channels and vacuum openings merely allow connection to a vacuum chucking supply [para. 0034: “A vacuum chucking supply (not shown) communicates with the vacuum grooves 302 to chuck a substrate 108 when placed atop the first plate 105.”]
Regarding claim 19, Ehrmann in view of Donges and Matsushita discloses the workstation according to claim 18.
Ehrmann in as modified by Donges, specifically Donges further discloses wherein a temperature sensor is arranged on the surface of the outer heating plate facing the resistance heating element [In order to allow controlling of temperature distribution, one or more temperature sensors are incorporated into the heating element; para. 0020: “In a preferred embodiment, the tool comprises one or more temperature sensors. In this way, temperature distribution may be measured and specifically controlled during the process. In this way, it is advantageously possible to safeguard against excessive temperatures. The temperature sensors are preferably incorporated into the first shaped article.”].
Although Donges does not explicitly disclose arranging a sensor on the surface of the outer heating plate, Donges does teach incorporating temperature sensors such that the temperature distribution can be controlled to apply different temperatures to packages [para. 0055: “In addition, a plurality of temperature sensors are incorporated into the tool, preferably at least one per package. In this way, the temperature distribution of each aluminium plate 5 is in itself specifically controllable and this tool simultaneously applies different temperatures to packages.”]. Therefore, in this case, selecting a given location for a temperature sensor would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
Claims 25-27 are rejected under 35 U.S.C. 103 as being unpatentable over Donges (US 20060096251 A1) in view of Kano (US 20180124873 A1).
Regarding claim 25, Donges teaches:
A method of manufacturing an electrical heating element [fig. 2: article #1; para. 0050: “The tool, in the present case a heating plate, comprises a first shaped article 1, a plastics plate with elevated electrical resistance. Located on the plastics plate is a track 2”] for a work station [para. 0050: “FIG. 2 shows a tool according to the invention, in the present case a heating plate, such as is used for example in the thermoforming station (not shown in FIG. 1), the preheating zone 52 and/or the sealing zone.”] for a film-processing packaging machine [para. 0045: “FIG. 1 shows a packaging machine”], the method comprising:
applying a flat conductor layer [fig. 2: track #2] to a carrier [i.e., track #2 is printed on a first shaped article; para. 0006: “According to the invention, the first shaped article comprises an electrically conductive track, which is preferably applied to, particularly preferably printed or etched on, the surface thereof or which is likewise preferably embedded in, for example laminated into, the first shaped article.”];
see fig. 2, showing thin and flat track #2 as a strip-shaped flat conductor; para. 0009: “According to the invention, the track is arranged on or in the first shaped article in any desired pattern”; para. 0024: “The tracks of heating films are likewise thin and flat,”].
Although Donges discloses printing and etching as methods of forming a desired pattern, Donges does not explicitly disclose:
contouring the flat conductor layer by milling or cutting to form the strip-shaped flat conductor; and
stripping off regions of the flat conductor layer between strips of the flat conductor.
Kano, in the same field of endeavor, teaches an equivalent method of forming a desired pattern. Specifically, Kano teaches a conductor [i.e., a conductive layer] coated on a carrier [i.e., a substrate], wherein machining is performed, removing regions of the conductor such that a desired pattern remains [para. 0052: “The entire surface of the support substrate 2 ... is coated with a conductive layer 8 made of pyrolytic graphite by CVD, for example. Then, the heater pattern 3 is formed in such a way that the conductive layer on the upper surface of the support substrate 2 becomes a heat generating portion. The heater pattern 3 is formed by using machining or screen printing.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try the milling method of Kano to form the desired pattern of Donges, since Kano discloses the milling method as an alternative to the printing method to form a heater pattern [para. 0052: “The heater pattern 3 is formed by using machining or screen printing.”].
Regarding claim 26, Donges in view of Kano discloses the method according to claim 25.
Donges further discloses wherein the flat conductor layer is applied to the carrier by bonding [para. 0006: “The person skilled in the art will understand that the track may be applied onto or into the first shaped article in any desired manner which permanently ensures the desired arrangement of the track.”]. Examiner takes official notice that the use of an adhesive to secure heating resistors to substrates is an old and well-known type of securement means and would therefore be an obvious option to utilize in the instant case for the purpose of adequately securing the conductor layer to the carrier.
Regarding claim 27, Donges in view of Kano discloses the method according to claim 25.
Donges further discloses wherein the flat conductor layer comprises stainless steel or another conductive metal [para. 0007: “According to the invention, the track exhibits any desired length, wherein the material of the track is preferably copper, stainless steel and/or aluminium.”].
Conclusion
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/THEODORE J EVANGELISTA/Examiner, Art Unit 3761 /EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761