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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/18/2026 has been entered.
Response to Amendment/Arguments
Applicant's amendment filed on 5/18/2026 has been entered.
The specification has been amended. This amendment overcomes the 2/25/2026 objection to the specification; However, the amendment has introduced a new matter objection, see below.
The drawings have been amended, now including fig. 21 and fig. 22, corresponding to fig. 3 of provisional application US 63235938. The previous objection to the drawings is withdrawn.
Claims 1-7, 9-11, 15-19 were previously canceled. The remaining claims 8, 12-14, 20-30 have been canceled. Claims 31-48 have been added. This amendment renders moot the previous objection to claim 24, rejection under 35 U.S.C. 112(b) of claims 8, 12-13, and 26-28, rejection under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) of claims 14, 20-21, 23, and 29-30, and respective rejections under 35 U.S.C. 103 of claims 8, 12-13, 22, and 24-28.
Applicant’s arguments regarding Gammerler and the previous 102 rejection 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 and because Applicant’s arguments regarding Everly are not persuasive [p. 18: “Everly (US 2017/0273146) does not have a heating element with an initial and a return coil nor spacers with outer ends of a larger dimension than their middle dimension.”], as shown in the new rejection below.
Specification
The amendment filed 5/18/2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
Regarding AMENDMENTS TO THE SPECIFICATION, p. 4: “Between paragraphs [0047] and [0048] please add the following language: "FIGs. 21 and 22 show an embodiment of an element array 100 of twin spiral heating elements 10, depicted in FIG. 1, each having an initial spiral 15 and a return spiral 20 and a spiral interspace 25 between them. Placed within the spiral interspace 25 are spacers 38. The spacers 38 are positioned between the initial spiral 15 and the return spiral 20 within the spiral interspace 25 with no restraint except contact with the spirals. Each spacer 38 may be of a shape comprising a larger dimension at each spacer end 38a compared with the dimension at its spacer middle 38b. The middle dimension is slightly smaller than the width of the spiral interspace 25 between the spirals allowing the spacer 38 to fit within the interspace 25. The end dimensions are larger than the spiral interspace 25. The shape may be described as "spool-like" or "dumbbell-like" shaped. Such a shape would allow the spacers 38 to loosely move along the spiral interspace 25 between the spirals but keep the spacers 38 retained within the interspace 25." This language is supported by Replacement Sheets 18 and 19 which have been incorporated by reference.”
Examiner respectfully disagrees. Although figs. 21 and 22 on replacement sheets 18-19 show spacer 38 having at least one end 38a with a larger dimension than a “middle” of the spacer, the figures do not show the other end of the spacer, opposite the end 38a, such that it is clear the spacer has a spool-like or dumbbell-like shape.
See also:
Claim 31: “…wherein the at least one ceramic spacer is comprised of a shape wherein the shape is comprised of a length, the length having two outer ends which have dimensions perpendicular to the length and wherein the shape is further comprised of a middle section that has a dimension perpendicular to the length wherein the dimension of each of the two outer ends are larger than the dimension of the middle section”
Claim 40: “…wherein the dimensions of the two outer ends are larger than the dimension of the middle section”
Applicant is required to cancel all the new matter in the reply to this Office Action.
Claim Objections
Claim 31 is objected to because of the following informalities: “comprised of;” should be “comprised [[of;]]of:”. Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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.
Claims 37 and 45 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 37:
the limitation “the misalignment” lacks sufficient antecedent basis.
The claim will be interpreted as depending on claim 36, so as to refer to “a misalignment” recited in line 7.
Claim 45:
the limitation “the misalignment” lacks sufficient antecedent basis.
The claim will be interpreted as depending on claim 44, so as to refer to “a misalignment” recited in line 7.
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 31-41 and 43-48 are rejected under 35 U.S.C. 103 as being unpatentable over Jaume (US 4862137 A) in view of Everly (US 20170273146 A1).
Regarding claim 31,
Jaume discloses:
An array of multiple electrically charged heating elements [fig. 1: two solid portions 2 forming heating element 1; col. 3, lines 1-50]
configured for use in industrial applications [col. 2, lines 45-55: “Applications of a device according to the invention are nevertheless numerous and diversified. Among them may be mentioned: decarbonation, calcination, pyrolysis, solvent elimination, chemical catalysis, chemical reaction taking place at less than 900° C., etc. In an advantageous embodiment, the above described device is used in a fluidized bed decarbonation reactor.”]
wherein each of the multiple electrically charged heating elements is comprised of;
an element material configured in a twin reversed spiral orientation [i.e., double helix; col. 3: “The double helix of the heating part increases the electric path and therefore increases the resistance of the heating element. In addition, the resistance may be arranged to correspond to the precise needs of a particular utilization or to imposed requirements, such for example as a predetermined and imposed size for the whole heating element or a maximum permissible voltage.”]
where the element material is comprised of elongated stock [see fig. 1, showing elongated graphite stock forming heating element 1; col. 3] and
wherein the element material is wound inwardly in an initial spiral [e.g. wherein the first solid portion/helix is the current inlet, and the second solid portion/helix is the current outlet, a midpoint therebetween; col. 3: “One of the solid parts is an inlet for the energizing current and the other is the outlet.” ]
where the element material reverses course forming a spiral reversal, comprising [i.e., the helical/spiral inlet and outlet current paths as the initial and return spirals, a space therebetween; see fig. 1];
at least one [see fig. 1, showing part 13 positioned and shaped so as to support the arrangement of the heating element, the part thermally and electrically insulating; col. 4: “A part 13 which must also withstand high temperatures and be electrically insulating, supports and radially maintains the graphite heating element.”];
However, although Jaume discloses an industrial heating device, the heating element with at least a predetermined size, shape, and orientation, selected according to the requirements of the given application, wherein electrically insulating supports [part 13, plate 10] are arranged so as to maintain the heating element, thereby, e.g., preventing undesirable electrical shorts, wherein the insulating supports [i.e., spacers] are rigidly connected to the device,
Jaume does not explicitly teach
modifying the shape/arrangement of the heating element such that:
where the element material is comprised of elongated stock that is non-round in cross section; wherein the element material is wound inwardly in an initial spiral in a single plane to a mid-point of each of the multiple electrically charged heating elements; where the element material reverses course forming a spiral reversal, comprising a radius between the initial spiral and a return spiral, wherein the element material is then wound in the return spiral outwardly in an opposite direction and in the single plane of the initial spiral forming a spiral interspace between the initial spiral and the return spiral until the material reaches outside of the initial spiral;
wherein the predetermined shape of the heating element is further maintained by modifying a spacer such that:
at least one ceramic spacer positioned within the spiral interspace between the initial spiral and the return spiral; wherein the at least one ceramic spacer is comprised of a shape wherein the shape is comprised of a length, the length having two outer ends which have dimensions perpendicular to the length and wherein the shape is further comprised of a middle section that has a dimension perpendicular to the length wherein the dimension of each of the two outer ends are larger than the dimension of the middle section; and wherein the dimension of the middle section is smaller than the spiral interspace and wherein the middle section is positioned within the spiral inters pace thereby allowing movement of the at least one ceramic spacer along the spiral interspace and wherein the dimension of each of the two outer ends are larger than the spiral interspace thereby retaining the at least one ceramic spacer within the spiral interspace.
Everly, in the same field of endeavor, teaches:
an industrial heating device configured to desirably heat a fluid flow for applications including shock, vibration, or high flow velocity [para. 0008: “Generally, the present disclosure provides a heater, heater system, and related methods, to heat a fluid flow ( e.g. a flow of diesel exhaust gas) that uses a resistive heating element that is directly exposed to the flow and that has a cross-section that is shaped to provide strength for applications including shock, vibration or high flow velocity…”],
wherein element material is non-round and wound inwardly/outwardly in a single plane [see fig. 1, showing flat stock forming heating element 30, arranged in a single plane perpendicular to a flow F],
ceramic as a known material for spacers/bushings, selected for its dielectric properties/preventing shorts [para. 0052: “In one form, the dielectric members 46/60 (which are ceramic) are actively brazed to the continuous resistive heating element 30.”],
wherein a heating element is secured by being only wrapped around a spool/dumbbell shaped spacer thus allowing movement therebetween [figs. 8-11: dielectric bushings 96; par. 0054: “In this form, the continuous resistive heating element 90 is wrapped around the dielectric bushings 96/97, and more specifically around a reduced diameter portion as shown.”],
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 industrial heating device of Jaume such that the spiral heating element is further arranged in a single plane, wherein a ceramic, spool shaped spacer is arranged between adjacent portions of the heating element, as taught by Everly, so as to arrive at the device of claim 31, since Everly teaches this desirably heats fluid flows and that these modifications allow for compensating for the trade-offs between cost, size, heat transferred to the flow, back pressure and strength/vibration resistance [para. 0008].
Furthermore, Examiner notes that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art [see MPEP 2145(III.-IV.)]. In this case, a PHOSITA in the industrial heating device arts would at least find it obvious to try a single plane spiral heating element, with spool shaped spacers, in a heating device for fluid, with a reasonable expectation of success.
Regarding claim 32 Jaume in view of Everly discloses the array of multiple electrically charged heating elements configured for use in industrial applications of claim 31.
Jaume as modified by Everly further discloses:
wherein each of the multiple electrically charged heating elements comprise a flat configuration forming a flat oriented surface comprised of a pattern bent in the elongated stock; wherein the multiple electrically charged heating elements are arranged in a stacked side-by-side configuration parallel to each other and positioned so that the flat oriented surface is perpendicular to a fluid flow [i.e., conventional stacking of heating devices, e.g., stacking of a plurality of Everly’s heaters along the fluid flow; Everly - para. 0012: “In yet another form, the present disclosure provides a heater for use in heating a fluid flow including a plurality of resistive heating elements. Each resistive heating element defines a predefined shape and is directly exposed to the fluid flow.”, or wherein the heating elements are staggered axially; see figs. 8 and 10-11, para. 0054: “As shown in FIGS. 10 and 11, each of the leg portions 98 and 99 are staggered axially…”].
Regarding claim 33, Jaume in view of Everly discloses the array of multiple electrically charged heating elements configured for use in industrial applications of claim 31.
Jaume as modified by Everly further discloses:
wherein at least one of the multiple electrically charged heating elements is electrically charged with a power different from the power charged to at least another of the multiple electrically charged heating elements [i.e., the heating element may be terminated desirably such that additional circuits may be individually powered so as to provide desired regions of heat transfer; Everly - para. 0055: “Rather than being wrapped around the dielectric members/bushings 102, the opposed segments 104/106 include end tabs 108 that may be used as terminations or for connection to additional heating circuits within the system. As shown in FIG. 14, the opposed segments 104/106 are staggered axially, for example, so as to provide requisite heating with reduced back pressure within the passageway.”; para. 0059: “In another form, the cross-sectional geometry of the heater is non-uniform, or a changing cross-section such that high stiffness and enhanced heat transfer can be provided in some regions of the circuit and improved formability in other regions.” ].
Regarding claim 34, Jaume in view of Everly discloses the array of multiple electrically charged heating elements configured for use in industrial applications of claim 31.
Jaume as modified by Everly further discloses:
wherein at least one of the multiple electrically charged heating elements is comprised of a different material than at least another of the multiple electrically charged heating elements.
In this case, since Everly discloses that heating elements may be formed differently [e.g., with different materials/various alloys, as differently shaped stock material; paras. 0009 and 58-60], it would have been an obvious matter of design choice to select the material of individual heating elements, according to the requirements of the given application, e.g., with regards to the desired features of the heating element.
Regarding claim 35, Jaume in view of Everly discloses the array of multiple electrically charged heating elements configured for use in industrial applications of claim 31.
Jaume further discloses:
further comprising a shorting link positioned in electrical contact between one of the electrically charged heating elements and another of the electrically charged heating elements [i.e., the first solid part connected to the second solid part through their corresponding terminal portions 9].
Regarding claim 36, Jaume in view of Everly discloses the array of multiple electrically charged heating elements configured for use in industrial applications of claim 31.
Jaume as modified by Everly further discloses:
wherein the multiple electrically charged heating elements are offset in relation to each other by rotating at least one of the multiple electrically charged heating elements perpendicular to the fluid flow around the mid-point of the at least one multiple electrically charged heating elements at an angle different than another of the multiple electrically charged heating elements- forming a misalignment of the spiral reversals of the multiple electrically charged heating elements thereby affecting the fluid flow [see Everly fig. 11, showing the axially offset/misaligned heating elements, thereby affecting a fluid flow F; para. 0060: “It should be noted that only partial arrangements of heating elements 170 and dielectric spacers 172 are illustrated herein for purposes of clarity, and thus the specific arrangement will be understood to vary across the entire area of the fluid passageway/conduit. In one form, at least one of the plurality of resistive heating elements and dielectric members enable mixing of the fluid flow.].
Regarding claim 37, Jaume in view of Everly discloses the array of multiple electrically charged heating elements configured for use in industrial applications of claim 31.
Jaume as modified by Everly further discloses:
wherein at least one of the multiple electrically charged heating elements is rotationally offset perpendicular to the fluid flow around the mid-point of the at least one of the multiple electrically charged heating elements between 30° to 60° in comparison with the positioning of another of the multiple electrically charged heating element around the mid-point of the another of the multiple electrically charged heating elements forming the misalignment of the spiral reversals of the multiple electrically charged heating elements and thereby affecting the fluid flow [see Everly fig. 11, showing the rotationally offset/misaligned heating elements, thereby affecting a fluid flow F; para. 0060: “It should be noted that only partial arrangements of heating elements 170 and dielectric spacers 172 are illustrated herein for purposes of clarity, and thus the specific arrangement will be understood to vary across the entire area of the fluid passageway/conduit. In one form, at least one of the plurality of resistive heating elements and dielectric members enable mixing of the fluid flow.”].
In this case, it would have been an obvious matter of design choice to set the rotational offset to be between 30° to 60°, since the applicant has not disclosed that an offset of 30° to 60° solves any problem or is for a particular reason. It appears that the claimed invention would perform equally well with the offset chosen so as to, e.g., enable mixing.
Regarding claim 38, Jaume in view of Everly discloses the array of multiple electrically charged heating elements configured for use in industrial applications of claim 31.
Jaume further discloses:
further configured to produce up to 1MW of power [col. 2: “In fact, with the electric devices described in the invention, and this without limiting the size of the reactor which may then have installed powers of several tens of MW…”].
Regarding claim 39, Jaume in view of Everly discloses the array of multiple electrically charged heating elements configured for use in industrial applications of claim 31.
Jaume further discloses:
further comprising a distinct layer of refractory material encasing the array of multiple electrically charged heating elements [col. 4: “In this case, sheath 3 could be made from an iron-chromium-aluminum alloy of LANTHAL AF type or from a refractory steel protected by a chromium-alumina deposit.”].
Regarding claim 40,
Jaume discloses:
An industrial gas heater [col. 2: “Generally, this device can be used in any fluid heating process”] comprised of an array of multiple electrically charged heating elements [fig. 1: two solid portions 2 forming heating element 1; col. 3, lines 1-50], each of the multiple electrically charged heating elements is comprised of; an element material configured in a twin reversed spiral orientation [i.e., double helix; col. 3: “The double helix of the heating part increases the electric path and therefore increases the resistance of the heating element. In addition, the resistance may be arranged to correspond to the precise needs of a particular utilization or to imposed requirements, such for example as a predetermined and imposed size for the whole heating element or a maximum permissible voltage.”] where the element material is comprised of elongated stock [see fig. 1, showing elongated graphite stock forming heating element 1; col. 3] and wherein the element material is wound inwardly in an initial spiral [e.g. wherein the first solid portion/helix is the current inlet, and the second solid portion/helix is the current outlet, a midpoint therebetween; col. 3: “One of the solid parts is an inlet for the energizing current and the other is the outlet.” ] where the element material reverses course forming a spiral reversal, comprising [i.e., the helical/spiral inlet and outlet current paths as the initial and return spirals, a space therebetween; see fig. 1]; at least one [see fig. 1, showing part 13 positioned and shaped so as to support the arrangement of the heating element, the part thermally and electrically insulating; col. 4: “A part 13 which must also withstand high temperatures and be electrically insulating, supports and radially maintains the graphite heating element.”];
a housing, wherein the housing is comprised of a body, [i.e., the heating element being used in fluid heating process, e.g., installed within a body of a furnace/reactor; col. 2: “Generally, this device can be used in any fluid heating process. But it is more particularly advantageous when used in fluidized bed furnaces or reactors.”].
However, although Jaume discloses an industrial heating device advantageously used in furnaces/reactors, the heating element with at least a predetermined size, shape, and orientation, selected according to the requirements of the given application, wherein electrically insulating supports [part 13, plate 10] are arranged so as to maintain the heating element, thereby, e.g., preventing undesirable electrical shorts, wherein the insulating supports [i.e., spacers] are rigidly connected to the device,
Jaume does not explicitly teach
modifying the shape/arrangement of the heating element such that:
where the element material is comprised of elongated stock that is non-round in cross section; wherein the element material is wound inwardly in an initial spiral in a single plane to a mid-point of each of the multiple electrically charged heating elements; where the element material reverses course forming a spiral reversal, comprising a radius between the initial spiral and a return spiral, wherein the element material is then wound in the return spiral outwardly in an opposite direction and in the single plane of the initial spiral forming a spiral interspace between the initial spiral and the return spiral until the material reaches outside of the initial spiral;
wherein the multiple electrically charged heating elements each comprise a flat configuration forming a flat oriented surface comprised of a pattern bent in the elongated stock wherein each of the multiple electrically charged heating elements are positioned so that the flat oriented surface is perpendicular to a fluid flow;
wherein the predetermined shape of the heating element is further maintained by modifying a spacer such that:
at least one ceramic spacer positioned within the spiral interspace between the initial spiral and the return spiral; wherein the at least one ceramic spacer is comprised of a shape wherein the shape is comprised of a length, the length having two outer ends which have dimensions perpendicular to the length and wherein the shape is further comprised of a middle section that has a dimension perpendicular to the length wherein the dimension of each of the two outer ends are larger than the dimension of the middle section; and wherein the dimension of the middle section is smaller than the spiral interspace and wherein the middle section is positioned within the spiral inters pace thereby allowing movement of the at least one ceramic spacer along the spiral interspace and wherein the dimension of each of the two outer ends are larger than the spiral interspace thereby retaining the at least one ceramic spacer within the spiral interspace;
and wherein:
an intake end and an exhaust end attached to the body.
Everly, in the same field of endeavor, teaches:
an industrial heating device configured to desirably heat a fluid flow for applications including shock, vibration, or high flow velocity [para. 0008: “Generally, the present disclosure provides a heater, heater system, and related methods, to heat a fluid flow ( e.g. a flow of diesel exhaust gas) that uses a resistive heating element that is directly exposed to the flow and that has a cross-section that is shaped to provide strength for applications including shock, vibration or high flow velocity…”],
wherein element material is non-round and wound inwardly/outwardly in a single plane [see fig. 1, showing flat stock forming heating element 30, arranged in a single plane perpendicular to a flow F],
wherein the multiple electrically charged heating elements each comprise a flat configuration forming a flat oriented surface comprised of a pattern bent in the elongated stock wherein each of the multiple electrically charged heating elements are positioned so that the flat oriented surface is perpendicular to a fluid flow [i.e., conventional stacking of heating devices, e.g., stacking of a plurality of Everly’s heaters along the fluid flow; Everly - para. 0012: “In yet another form, the present disclosure provides a heater for use in heating a fluid flow including a plurality of resistive heating elements. Each resistive heating element defines a predefined shape and is directly exposed to the fluid flow.”, or wherein the heating elements are staggered axially; see figs. 8 and 10-11, para. 0054: “As shown in FIGS. 10 and 11, each of the leg portions 98 and 99 are staggered axially…”];
ceramic as a known material for spacers/bushings, selected for its dielectric properties/preventing shorts [para. 0052: “In one form, the dielectric members 46/60 (which are ceramic) are actively brazed to the continuous resistive heating element 30.”],
wherein a heating element is secured by being only wrapped around a spool/dumbbell shaped spacer thus allowing movement therebetween [figs. 8-11: dielectric bushings 96; par. 0054: “In this form, the continuous resistive heating element 90 is wrapped around the dielectric bushings 96/97, and more specifically around a reduced diameter portion as shown.”], and
a housing, wherein the housing is comprised of a body wherein the body is configured to confine and cover the array of multiple electrically charged heating elements [i.e., the heating element being used in fluid heating process, e.g., installed within a body of a heater assembly 20 (see fig. 1), showing heating element 30 in a flow path F, covered by a housing body, the housing having an intake end corresponding to a start of flow path F before the heating element, and an exhaust end corresponding to an end of the flow path after the heating element].
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 industrial gas heater of Jaume such that the spiral heating element is further arranged in a single plane, wherein a ceramic, spool shaped spacer is arranged between adjacent portions of the heating element, as taught by Everly, so as to arrive at the device of claim 40, since Everly teaches this desirably heats fluid flows and that these modifications allow for compensating for the trade-offs between cost, size, heat transferred to the flow, back pressure and strength/vibration resistance [para. 0008].
Furthermore, Examiner notes that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art [see MPEP 2145(III.-IV.)]. In this case, a PHOSITA in the industrial heating device arts would at least find it obvious to try a single plane spiral heating element, with spool shaped spacers, in a heating device for fluid, with a reasonable expectation of success.
Regarding claim 41, Jaume in view of Everly discloses the industrial gas heater comprised of an array of multiple electrically charged heating elements of claim 40.
Jaume further discloses:
further comprising a distinct layer of refractory material positioned between the array of multiple electrically charged heating elements and the body of the industrial gas heater [col. 4: “In this case, sheath 3 could be made from an iron-chromium-aluminum alloy of LANTHAL AF type or from a refractory steel protected by a chromium-alumina deposit.”].
Regarding claim 43, Jaume in view of Everly discloses the industrial gas heater comprised of an array of multiple electrically charged heating elements of claim 40.
Jaume further discloses:
wherein the multiple electrically charged heating elements further comprise a shorting link positioned in electrical contact between a first multiple electrically charged heating element and a second multiple electrically charged heating element providing an electrical communication between the first multiple electrically charged heating element and the second multiple electrically charged heating element [i.e., the first solid part connected to the second solid part through their corresponding terminal portions 9].
Regarding claim 44, Jaume in view of Everly discloses the industrial gas heater comprised of an array of multiple electrically charged heating elements of claim 40.
Jaume as modified by Everly further discloses:
wherein the multiple electrically charged heating elements are offset in relation to each other by rotating any of the multiple electrically charged heating elements perpendicular to the fluid flow around the mid-point of another of the multiple electrically charged heating elements at an angle different than the another multiple electrically charged heating elements forming a misalignment of the spiral reversals of the multiple electrically charged heating elements and thereby affecting the fluid flow [see Everly fig. 11, showing the axially offset/misaligned heating elements, thereby affecting a fluid flow F; para. 0060: “It should be noted that only partial arrangements of heating elements 170 and dielectric spacers 172 are illustrated herein for purposes of clarity, and thus the specific arrangement will be understood to vary across the entire area of the fluid passageway/conduit. In one form, at least one of the plurality of resistive heating elements and dielectric members enable mixing of the fluid flow.].
Regarding claim 45, Jaume in view of Everly discloses the industrial gas heater comprised of an array of multiple electrically charged heating elements of claim 40.
Jaume as modified by Everly further discloses:
wherein at least one of the multiple electrically charged heating elements is rotationally offset perpendicular to the fluid flow around the mid-point of the at least one of the multiple electrically charged heating elements between 30° to 60° in comparison with the positioning of another of the multiple electrically charged heating element about the mid-point of the another of the multiple electrically charged heating elements forming the misalignment of the spiral reversals of the multiple electrically charged heating elements and thereby affecting the fluid flow [see Everly fig. 11, showing the rotationally offset/misaligned heating elements, thereby affecting a fluid flow F; para. 0060: “It should be noted that only partial arrangements of heating elements 170 and dielectric spacers 172 are illustrated herein for purposes of clarity, and thus the specific arrangement will be understood to vary across the entire area of the fluid passageway/conduit. In one form, at least one of the plurality of resistive heating elements and dielectric members enable mixing of the fluid flow.”].
In this case, it would have been an obvious matter of design choice to set the rotational offset to be between 30° to 60°, since the applicant has not disclosed that an offset of 30° to 60° solves any problem or is for a particular reason. It appears that the claimed invention would perform equally well with the offset chosen so as to, e.g., enable mixing.
Regarding claim 46, Jaume in view of Everly discloses the industrial gas heater comprised of an array of multiple electrically charged heating elements of claim 40.
Jaume as modified by Everly further discloses:
wherein at least one of the multiple electrically charged heating elements is comprised of a different material than another of the multiple electrically charged heating element.
In this case, since Everly discloses that heating elements may be formed differently [e.g., with different materials/various alloys, as differently shaped stock material; paras. 0009 and 58-60], it would have been an obvious matter of design choice to select the material of individual heating elements, according to the requirements of the given application, e.g., with regards to the desired features of the heating element.
Regarding claim 47, Jaume in view of Everly discloses the industrial gas heater comprised of an array of multiple electrically charged heating elements of claim 40.
Jaume as modified by Everly further discloses:
wherein at least one of the multiple electrically charged heating elements is electrically charged with a power different from the power charged to at least another of the multiple electrically charged heating elements [i.e., the heating element may be terminated desirably such that additional circuits may be individually powered so as to provide desired regions of heat transfer; Everly - para. 0055: “Rather than being wrapped around the dielectric members/bushings 102, the opposed segments 104/106 include end tabs 108 that may be used as terminations or for connection to additional heating circuits within the system. As shown in FIG. 14, the opposed segments 104/106 are staggered axially, for example, so as to provide requisite heating with reduced back pressure within the passageway.”; para. 0059: “In another form, the cross-sectional geometry of the heater is non-uniform, or a changing cross-section such that high stiffness and enhanced heat transfer can be provided in some regions of the circuit and improved formability in other regions.” ].
Regarding claim 48, Jaume in view of Everly discloses the industrial gas heater comprised of an array of multiple electrically charged heating elements of claim 40.
Jaume further discloses:
configured to produce up to 1MW of power [col. 2: “In fact, with the electric devices described in the invention, and this without limiting the size of the reactor which may then have installed powers of several tens of MW…”].
Claim 42 is rejected under 35 U.S.C. 103 as being unpatentable over Jaume (US 4862137 A) in view of Everly (US 20170273146 A1) as applied to claim 40 above, and further in view of Vissa (US 20160018101 A1) and Thompson (US 20080102413 A1).
Regarding claim 42, the industrial gas heater comprised of an array of multiple electrically charged heating elements of claim 40.
However, while a PHOSITA would recognize that Jaume and Everly describe heating elements/devices, and suggests their obvious integration into known industrial applications, Jaume and Everly do not provide details on conventional structures related to specific implementations, specifically,
Jaume as modified by Everly does not explicitly disclose:
further comprising an exhaust line projecting out of the exhaust end of the gas heater wherein the exhaust line comprises an outer liner, an inner liner within the outer liner, an exhaust line refractory forming a distinct layer around and in contact with the inner liner whereby the exhaust line refractory delineates an air gap between the exhaust line refractory and the outer liner whereby the inner liner, the outer liner, the exhaust line refractory and the air gap provide thermal insulation for the exhaust line.
Vissa, in the same field of endeavor, teaches an industrial fluid heating application wherein the heating device includes an exhaust line [fig. 1: steam outlet 48; para. 0002], and further teaches the need for providing thermal insulation thereon [para. 0048: “Insulation may be provided when necessary around the steam chamber cover, steam outlet, supercharger or wherever needed for safety.”].
Thompson, in the same field of endeavor, teaches an improved thermal insulation structure [fig. 5; para. 0066: “FIG. 5 illustrates a treatment container according to one embodiment of the present invention.”] comprising:
an outer liner [sidewalls 12],
an inner liner within the outer liner [liner 19],
an exhaust line refractory forming a distinct layer around and in contact with the inner liner [fig. 8: refractory material 18],
whereby the exhaust line refractory delineates an air gap between the exhaust line refractory and the outer liner, thereby providing thermal insulation [para. 0066: “The container 10 is provided with either an air gap and/or a layer of insulation 16 on each of the sidewalls 12”].
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 industrial heating device of Jaume and Everly, as suggested by Vissa and Thompson above, so as to arrive at the device of claim 42, i.e., in order to improve the safety of any heated portions, e.g., a conventional exhaust line exposed to possible human touch.
Conclusion
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/THEODORE J EVANGELISTA/Examiner, Art Unit 3761 /EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761