DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Liu (US11002465B2)
Liu discloses in reference to claim:
1. An apparatus for heating fluid for use on a vehicle surface comprises:
an extrusion 1 extending axially (see Fig. 3);
a first port (11) extending axially through the extrusion adapted to receive a heating element 2 and a second port (11) spaced laterally from the first port and extending axially through the extrusion adapted to receive a thermal sensor and a thermal fuse (note that the port 11 is adapted, i.e. configured to be able to receive a thermal sensor and a thermal fuse—further note a thermal fuse and sensor are not positively claimed as being provided within the port, further note that the self-regulating heating element 2 can be broadly interpreted as a heating element and a thermal sensor and fuse);
at least one fin (see annotated figure) extending axially along the extrusion and radially oriented about the first port and the second port, whereby the heating element 2 conveys heat to the extrusion which then transfers thermal energy to fluid flowing past the at least one fin.
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2. The apparatus as set forth in claim 1 wherein the extrusion 2 has a symmetrical shape.
3. The apparatus as set forth in claim I wherein the extrusion 2 has a symmetry to provide even heating.
4. The apparatus as set forth in claim I wherein the extrusion 2 has a flow path (around the exterior), the flow path being divided (by fins 4) to reduce pressure drop.
5. The apparatus as set forth in claim 1 including a plurality of fins 4 extending axially along the extrusion and radially oriented about the first port and the second port.
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.
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.
Claim(s) 1-5, 7-8, 10-16, 18-19, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hess (US 2002/0158062A1) in view of Liu (US 11002465B2).
Hess discloses in reference to claim:
1. An apparatus for heating fluid for use on a vehicle surface comprises:
an extrusion 2 extending axially;
a port (portion of cavity 3 encapsulating the heating element 5) extending axially through the extrusion adapted to receive a heating element 5 and a thermal sensor and a thermal fuse;
at least one fin 4 extending axially along the extrusion and radially oriented about the first port and the second port, whereby the heating element conveys heat to the extrusion which then transfers thermal energy to fluid flowing past the at least one fin.
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Hess does not explicitly disclose the provision of a second, or more ports laterally spaced apart from first port and extending into the extruded heat exchange body, the ports being adapted to receive heating elements and thermal sensors and thermal fuses.
Liu discloses an extruded heat exchange body 1 including multiple (two shown) ports 11 for receiving therein a heating element as well as a means to regulate said heating element, said ports being laterally spaced from each other and extending axially into the extruded heat exchange body.
One of skill in the art, in possession of the teachings of both Hess and Liu would have found it obvious t modify the device of Hess to provide at least one additional port for receiving an additional heating configuration as described by Hess, said ports being spaced laterally in the extruded heat exchange body and extending into said heat exchange body. The combination described resulting in a an apparatus for heating fluid for use on a vehicle surface comprises: an extrusion (2 of Hess) extending axially (see figure of Hess); a first port (cavity 3) extending axially into the extrusion adapted to receive a heating element 5, a thermal sensor 6 and a thermal fuse 11 and a second port (duplication of cavity 3 –as taught by Liu) spaced laterally from the first port and extending axially through the extrusion adapted to receive a thermal sensor and a thermal fuse (note that the port 11 is adapted, i.e. configured to be able to receive a heating element 5, a thermal sensor 6 and a thermal fuse—(again note a thermal fuse and sensor are not positively claimed as being provided within the port)
at least one fin (4, see annotated figure) extending axially along the extrusion and radially oriented about the first port and the second port, whereby the heating element 5 conveys heat to the extrusion which then transfers thermal energy to fluid flowing past the at least one fin.
2. The apparatus as set forth in claim 1 wherein the extrusion 2 has a symmetrical shape.
3. The apparatus as set forth in claim I wherein the extrusion 2 has a symmetry to provide even heating.
4. The apparatus as set forth in claim I wherein the extrusion 2 has a flow path (around the exterior), the flow path being divided (by fins 4) to reduce pressure drop.
5. The apparatus as set forth in claim 1 including a plurality of fins 4 extending axially along the extrusion and radially oriented about the first port and the second port.
7. The apparatus as set forth in claim 5 wherein the second port is centrally located to receive the thermal sensor and the thermal fuse for even averaging of temperature from the fins and the heating element.
8. The apparatus as set forth in claim 5 including plugs [formed by encapsulating element 7] to create a cavity for the heating element, the thermal sensor, and the thermal fuse.
10. A fluid heating thermal transfer extrusion for heating cleaning fluid for use on a vehicle surface comprises:
an extrusion member extending axially;
a first port (cavity 3 encapsulating the heating element 5, thermal fuse and thermal sensor) extending axially through into the extrusion member and a second port (duplicate cavity 3 as taught by Liu encapsulating the heating element 5, sensor and fuse) radially
spaced laterally from the first port and extending axially through into the extrusion member and a
third port spaced laterally from the second port and extending axially into the extrusion member,
and at least one fin extending axially along the extrusion, the at least one fin being radially
oriented about the first port and the second port and the third port, whereby the extrusion transfers
thermal energy to fluid flowing past the at least one fin.
Hess and Liu do not explicitly teach wherein the first port and the third port each have a circular cross-section, and the second port has a rectangular cross-section. However, it is noted that the change in shape of a component—in this case the shape of the port, would have been well within the skill of the artisan when the change in shape has not been shown to be significant to the function of the combination. One of skill would find motivation to change the shape of the ports, either first, second or third, to be whatever shape was cooperative with the device as a whole or specifically for the shape of the component intended to be provided within the port. In this case, the skilled artisan would choose a rectangular port for a heating element or temperature sensor or fuse of rectangular shape and would choose a circular shaper for a heating element or temperature sensor or fuse of circular shape. Further note that choosing the middle port to be different from the other two ports would be obvious such that the symmetry of the extruded heat exchange body can be maintained.
11. The fluid heating thermal transfer extrusion as set forth in claim 10 including a heating element disposed in the first port.
12. The fluid heating thermal transfer extrusion as set forth in claim 10 including a thermal sensor and a thermal fuse disposed in the second port.
13. The fluid heating thermal transfer extrusion as set forth in claim 10 wherein the extrusion has a symmetrical shape.
14. The fluid heating thermal transfer extrusion as set forth in claim 10 wherein the extrusion has a symmetry to provide even heating.
15. The fluid heating thermal transfer extrusion as set forth in claim 10 wherein the extrusion has a flow path, the flow path being divided to reduce pressure drop.
16. The fluid heating thermal transfer extrusion as set forth in claim 10 including a plurality of fins extending axially along the extrusion and radially oriented about the first port and the second port.
18. The fluid heating thermal transfer extrusion as set forth in claim 16 wherein the second port is centrally located to receive the thermal sensor and the thermal fuse for even averaging of temperature from the fins and the heating element.
19. The fluid heating thermal transfer extrusion as set forth in claim 16 including a plurality of plugs to create a cavity for the heating element and the thermal sensor and the thermal fuse.
Regarding claims 21 and 22, see claims 10-19 mutatis mutandis.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 11002465B2) in view of Asami (US 4296839)
Liu discloses the claimed invention as described above except in reference to claim:
Asami discloses a similar heat transfer device wherein the heat transfer ability of an extruded finned member is improved by including rounded convolutes on the fins. One of skill would therefore find it obvious to modify the Hess device to include rounded convolutes on the fins.
Claim(s) 6, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hess (US 2002/0158062A1) in view of Asami (US 4296839)
Hess in view of Liu discloses the claimed invention as described above except in reference to claim:
6. The apparatus as set forth in claim 5 wherein the extrusion includes a rounded convolute on the fins.
17. The fluid heating thermal transfer extrusion as set forth in claim 16 including rounded convolutes on the fins.
Asami discloses a similar heat transfer device wherein the heat transfer ability of an extruded finned member is improved by including rounded convolutes on the fins. One of skill would therefore find it obvious to modify the Hess device to include rounded convolutes on the fins.
Allowable Subject Matter
Claims 9, 20 have been amended to independent claims incorporating the indicated allowable subject matter. Claims 9, 20 are allowed.
Response to Arguments
Applicant’s arguments with respect to the pending claim(s) 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.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
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