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 .
Allowable Subject Matter withdrawn
The indicated allowability of claims 1-18 is withdrawn in view of the reference(s) to Hiroshi (JP 2005-220815 which is listed on the IDS filed on 8/26/2026 submitted by the Applicant). Rejections based on the newly cited reference(s) follow.
Election/Restrictions
Applicant's election with traverse of Species 4 (shown by Figure 3E and 3F) in the reply filed on 04/15/2026 is acknowledged. The traversal is on the ground(s) that all the species are sufficiently related and examination of all species would be made without serious burden. This is not found persuasive because non-elected species include distinct features including the functional layer that begins from the inlet of the honeycomb structure having a constant thickness rather than having increasing thickness as reflected in the elected species wherein such distinct features are not shown by obvious variants and would require separate and additional searches, which would not likely to result when searching for the elected species, and it would be a serious burden for examination if the election/restriction were not required.
However, it is noted that all claims are treated under merit since all the claims are deemed to read on the elected species.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-6, 10-14, 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyairi et al (US 2021/0041141) in view of Hiroshi (JP 2005-220815).
Miyairi discloses the heater element claimed including a honeycomb structure having an outer peripheral wall (112) and partition walls (113) provided within the outer peripheral wall, and the partition walls partitioning a plurality of cells (115) that form flow paths from an inlet end surface (e.g., a first end face/surface 114) to an outer end surface (e.g., a second end face/surface 116) wherein at least the partition walls are made of a material having PTC characteristics (also, see Abstract; Figure 1; and para 0072). But, Miyairi does not disclose a functional material-containing layer provided on a surface of the partition walls wherein a thickness of the functional material-containing layer increases from the inlet end surface toward the outlet end surface.
Hiroshi discloses it is known to provide a honeycomb structure having a functional material-containing layer such as a catalyst component (113) provided on the partition walls (111) of the honeycomb wherein a thickness of the functional material-containing layer increases from the inlet end surface toward the outlet end surface, and Hiroshi discloses that such increased thickness of the functional material-containing layer allows fluid (e.g., gas) to flow through the honeycomb without being significantly disturbed and suppressing any accumulation of airborne particles at the inlet of the honeycomb (see para 0012 and 0015 of the English translation).
In view of Hiroshi, it would have been obvious to one of ordinary skill in the art to adapt Miyairi with the partition walls of the honeycomb having a functional material-containing layer provided thereon wherein the functional material-containing layer having an increased thickness from the inlet end surface toward the outlet end surface would predictably allow fluid to pass through the partition walls/cells without being disturbed and suppressing any accumulation of particles at the inlet end surface which could block or damage the fluid passage of the partition walls/cells.
With respect to claim 2, Hiroshi discloses for a region, which is shown by the region X in Figure 3, where the thickness of the functional material-containing layer is 0 (zero) over a predetermined length in a direction in which the flow paths extend.
With respect to claim 3, Hiroshi discloses that the predetermined length (X region having no functional material-containing layer) can be set at 5 mm (para 0018), and while Hiroshi does not disclose the total length from the inlet end to the outlet end of the honeycomb structure where flow paths extend, it would have been obvious to one of ordinary skill in the art to provide the predetermine length to be 1/10 or more and ½ or less, lacking criticality, with respect to a length of the flow paths as a matter of routine experimentation and optimization so that the fluid can flow through the flow paths without being disturbed and being blocked by the particles in the flow paths.
With respect to claim 4, Hiroshi discloses for a region (shown by the region Y in Figure 4) having the thickness of the functional material-containing layer that continuously increases toward the outer end surface.
With respect to claim 5, Hiroshi discloses a first region (shown by the region X in Figures 3 and 4) having the thickness of the functional material containing layer that is 0 from the inlet end surface, a second region (shown by the region Y and 113b in Figure 4) where the thickness of the functional material containing layer increases toward the outlet end surface, and a third region (that is the region beyond the region Y) extending to the outlet end surface wherein the thickness of the functional material-containing layer is constant till the outlet end surface (also, see para 0012 wherein the layer 113 is uniform across the other region except for the inclined surface shown by 113b).
With respect to claim 6,Hiroshi discloses that the first region (shown by the region X) can be greater than the second region (shown by the region Y; also, see the last sentence in para 0018), it would have been obvious to provide the predetermined length of the region to extend ¼ or more and 1/3 less, and the predetermined length of the second region to be less than that of the length in the first region including 1/6 or more and ¼ or less as a matter of routine experimentation and optimization, lacking criticality, so that the fluid can flow through the flow paths without being disturbed and being blocked by the particles in the flow paths.
With respect to claims 10 and 11, Hiroshi discloses for the functional material containing layer that comprises a catalyst which would have a function of absorbing one or more particles of gases including water vapor, carbon dioxide, or odor component for its gas purification (para 0003).
With respect to claim 12 and 13, Miyairi discloses the honeycomb structure having a partition wall thickness of 0.13 mm or less (para 0019 and 0022), a cell density of 60 cells/cm^2 (para 0022), a cell pitch of 1.27 mm, an open frontal area of the cells that is 0.81 or more (para 0020) which encompass or overlap each of the respective claimed ranges.
With respect to claim 14, Miyairi discloses the PTC material having a volume resistivity of 10 Ωcm at room temperature (see Table 1-1 on page 9).
With respect to claim 16, Miyairi discloses a pair of electrodes (118) on the inlet end surface and the outlet end surface as illustrated in Figure 1.
With respect to claim 17, Miyairi in view of Hiroshi further discloses for a vehicle compartment purification system including at least one heater element (100), a power supply (134), an inflow piping (132) communicating the vehicle compartment (130) with the inlet end surface (114) of the heater element, an outflow piping (136) having a first path that is in communication with the outlet end surface (116) of the heater element, and a ventilator shown by a blower (138) for allowing air from the vehicle compartment to flow into the inlet end surface of the heater via the inflow piping ( (also, see para 0111 to 0114; and Figure 8 of Miyairi).
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyairi in view of Hiroshi as applied to claims 1-6, 10-14, 16 and 17 above, and further in view Yoshimoto et al (US 5,232,882)
Miyairi in view of Hiroshi discloses the heater element claimed including the functional material-containing layer such as a catalyst but does not show the thickness of the functional material-containing layer that is 300 um or less at the maximum.
Yoshimoto discloses it is known to provide a honeycomb structure having fiber board that is provided with a catalyst having a thickness of 200 um (column 4, line 62 to column 5, line 2) that provide an optimal decomposition activity of a gas.
In view of Yoshimoto, it would have been obvious to one of ordinary skill in the art to adapt Miyairi, as modified by Hiroshi, with the functional material-containing layer such as a catalyst having a thickness that is 200 um at its maximum, which is encompassed with the recited range of 300 um or less, so that the gas decomposition or the gas purification of the fluid/gas can predictably and effectively be achieved as known in the art.
With respect to claim 8, Miyairi in view of Hiroshi discloses for a continuous region of the functional material-containing layer that substantially extending through the flow paths except for the first region (X region as taught by Hiroshi) having no functional material-containing layer, and as Yoshimoto discloses for the thickness of functional material-containing layer (catalyst) is 200 um, this thickness falls with 1/100 (.01) and 1/3 (.333) of a hydraulic diameter of the cells of Miyairi (i.e., Miyairi discloses the hydraulic diameter of .0011684 m which is equivalent to 1168 um wherein 200/1169 is about .171 that falls between the claimed range of 1/100 (.01) and 1/3 (.333); also, see Table 1-1 on page 10 that shows the hydraulic diameter).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyairi in view of Hiroshi as applied to claims 1-6, 10-14, 16 and 17 above, and further in view Nariyuki et al (US 2011/0136656).
Miyairi in view of Hiroshi discloses the heater element claimed including the functional material-containing layer such as a catalyst (as taught by Hiroshi) but does not disclose for an amount of the functional material containing layer is 50 g/L to 500 g/L with respect to a volume of the honeycomb structure.
Nariyuki discloses it is known to provide a honeycomb structure having a catalyst in an amount of 200 g/L to 500 g/L (para 0036 and 0079) wherein such amount provides for a high deodorization rate (also, see para 0081).
In view of Nariyuki, it would have been obvious to one of ordinary skill in the art to adapt Miyairi, as modified by Hiroshi, with an amount of functional material-containing layer that is 200 g/L to 500 g/L which is encompassed with the claimed range of 50 g/L-500 g/L so that a high deodorization or purification of fluid gas/air by the catalyst can be predictably be achieved as desired.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyairi in view of Hiroshi as applied to claims 1-6, 10-14, 16 and 17 above, and further in view of Katsu et al (US 2009/0201121).
Miyairi in view of Hiroshi discloses the heater element claimed including the material having PTC characteristics that is composed of a material comprising barium titanate (para 0059) but does not explicitly disclose that the material is free of lead.
Katsu discloses it is known to provide a PTC material that is composed of barium titanate that is lead-free for environmental impact (para 0004).
In view of Katsu, it would have been obvious to one of ordinary skill in the art to adapt Miyairi, as modified by Hiroshi, with the PTC material composed of barium titanate that is lead free for environmental safety as desired.
Allowable Subject Matter
Claim 18 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Aoki (US 2015/0375206) and Kitamura et al (US 2010/0087314) disclose for a honeycomb structure with a catalyst.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG Y PAIK whose telephone number is (571)272-4783. The examiner can normally be reached 9:00-5:30; M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven W. Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SANG Y PAIK/Primary Examiner, Art Unit 3761
Prosecution Insights