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) 1-2, 7-9, 16-17, 19-24 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Joo (KR 10-1562238).
Joo discloses in reference to claim:
(Independent ) A heating device (see figures) comprising: a tubular carrier 110 with an outside and with an inside (inherent for a tubular structure), an insulating layer 112 for electrical insulation on said outside of said carrier 110, heating conductors 111, conductor tracks 111, and contact fields 111a,b on said insulating layer, a connection device 114 for an electrical connection of said heating device, said connection device having a plurality of metallic contact feet (connected to 111a and also separately to 111b), said connection device being arranged or attached at said contact fields and being electrically connected to said contact fields with said contact feet, wherein an additional electrical insulation 113 is provided between said connection device and said outside of said carrier.
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2. The heating device according to claim 1, wherein said additional electrical insulation 113 is firmly connected to said carrier or is arranged firmly on said carrier. Note the insulation layer 113 is firmly connected in that it is not intended to move.
7. The heating device according to claim 2, wherein said additional electrical insulation 113 is a region of said insulating layer, wherein said insulating layer 120 comprises a plurality of individual insulating layers 112 113 on said outside of said carrier, wherein at least one said individual insulating layer is provided as additional electrical insulation 113 directly between said outside of said carrier and said connection device 114, wherein directly between said outside of said carrier and said connection device is provided at least one said individual insulating layer less than a total number of said individual insulating layers provided on top of one another. See figure above showing insulating layer 112, 113, 121, 122, 10
8. The heating device according to claim 7, wherein exactly one said individual insulating layer less than said total number of said individual insulating layers is provided directly between said outside of said carrier and said connection device. Note only insulating layer 112 lies between said outside of said carrier and said connection device.
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9. The heating device according to claim 7, wherein said individual insulating layers are not closed all the way round a circumferential direction of said carrier and are at a distance (shown at 113-1) from one another at ends of said individual insulating layers oriented in said circumferential direction or in between.
16. The heating device according to claim 1, wherein said electrical insulation 121 is an electrically insulating capping layer in the form of paint, paste, or adhesive below said connection device, wherein said capping layer is formed differently from said insulating layer.
Joo discloses Next, after the film uncured glass fiber reinforced piece (113c) into a hole (113-1), and to adhere for 30 minutes at 170 C heated to a temperature of glass fiber-reinforced sheet piece (113c) of the oven. In contrast illustratively with reference to the accompanying Figure 2 to account for open jacket type heater, both sides of the cable (114a, 114b) and the through-hole 113-1 of the second insulating sheet 113, a piece of glass fiber reinforced ( covered with 113c). Here, since the heat of the oven, the bimetal 115 and the temperature sensor 116 may also be installed after heating in an oven. In this case, when using an adhesive which is adhered and cured at room temperature to carry the inner insulation material 121 to the heating pad 110 generally requires the elapsed time of 24 hours at room temperature, in case of using a thermosetting adhesive in the oven 30 minutes at a temperature of 170 C and cured by heating to adhere.
17. The heating device according to claim 16, wherein said capping layer is applied by spraying, dispensing, printing, gluing, or the like. Note that insulating layer 121 needing to be cured suggests that it is dispensed into place for curing.
19. The heating device according to claim 1, wherein said electrical insulation 121 is a rigid insulation part which is arranged between said outside of said carrier and said connection device.
20. The heating device according to claim 19, wherein said insulation part is fastened to an underside of said connection device and does not protrude laterally outward beyond a vertical projection of said connection device onto said carrier.
21. The heating device according to claim 1, wherein said metallic contact feet (terminal ends of 114) in a region of an underside of said connection device 114 protrude laterally (See figure 2 or 8) from said connection device, wherein said electrical insulation is arranged between said contact feet (terminal ends of 114) and said outside of said carrier, wherein said outside here is without an insulating layer( i.e. allowing for connection of the feet to heating tracks).
22. The heating device according to claim 1, wherein said insulating layer or said individual insulating layers are applied to said outside of said carrier or to said individual insulating layers thereunder by means of a thick-film process or by means of screen-printing, respectively.
Note that the method of making or forming the insulation layers of an apparatus does not serve to distinguish from art showing the claimed structure formed by a different method. Further note that EP 2176869 discloses the method of forming insulating layers on a similar device.
23. A method for manufacturing a heating device according to claim 1, wherein a plurality of individual insulating layers 112/113/121/122 are applied to said carrier to form said insulating layer.
24. The method according to claim 23, wherein said electrical insulation between said connection device and said outside of said carrier is formed by a further individual insulating layer 113, or by a capping layer 121 , or by a rigid insulation part.
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.
The Supreme Court in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness which are consistent with the proper “functional approach” to the determination of obviousness as laid down in Graham. The key to supporting any rejection under 35 U.S.C. 103 is the clear articulation of the reason(s) why the claimed invention would have been obvious. The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit.
EXEMPLARY RATIONALES
Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Claim(s) 10-13, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Joo (KS 10 -1562238).
Joo discloses the claimed invention as presented above except in reference to claim:
10. The heating device according to claim 9, wherein said distance from one another at said ends of said individual insulating layers is between 1 mm and 30 mm.
Note that the change of size, in this case spacing distance between insulation layers, requires no inventiveness since one of skill in the art would be well informed by the particular intended use of the device how large or small the optimal separation of the insulation layers should be, and further that a spacing of 1mm to 30mm would be a scale commensurate with the presumed form factor of the Joo device and similar devices.
11. The heating device according to claim 9, wherein in a case of two said individual insulating layers lying directly on top of one another, said ends of said individual insulating layers oriented in said circumferential direction overlap in an offset manner or are arranged offset in such a way that said distance between said two ends of one said individual insulating layer does not overlap with said distance between said two ends of another insulating layer, wherein at least one single said insulating layer is provided on said outside of said carrier everywhere in said circumferential direction.
Note that the overlapping of layered structures such that the seems of such layered structures do not coincide is known in the art in order to prevent the stacking of seems that may cooperate to separate unintendedly. By staggering the overlapping seems of layered structures separation of individual layers is halted and localized to a single layer.
12. The heating device according to claim 11, wherein three said individual insulating layers are provided lying directly on top of one another, wherein two ends of a lowermost individual insulating layer lie beneath two ends of an uppermost individual insulating layer or two ends of said layers overlap each other, and wherein also respective distances between said two ends overlap in each case, wherein two ends of an intermediate middle individual insulating layer and a distance between said two ends are covered by a continuous region of said lowermost individual insulating layer and a continuous region of said uppermost individual insulating layer.
Note that the overlapping of layered structures such that the seems of such layered structures do not coincide is known in the art in order to prevent the stacking of seems that may cooperate to separate unintendedly. By staggering the overlapping seems of layered structures separation of individual layers is halted and localized to a single layer.
13. The heating device according to claim 12, wherein said outside of said carrier is covered all over by one, two, or three said individual insulating layers 10. Note Joo teaches layer 10 covering the carrier.
18. The heating device according to claim 16, wherein said capping layer is at least as large as a vertical projection of said connection device onto said carrier or overlaps said connection device between 5% and 50% in one direction or in both directions of said connection device.
Note that the change of size, in this case the thickness of insulation layers, requires no inventiveness since one of skill in the art would be well informed by the particular intended use of the device how large or small the optimal thickness of the insulation layers should be in the Joo device or similar devices.
Allowable Subject Matter
Claims 3-6, 14-15 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record does not teach or suggest to one of skill in the art the heating device substantially as claimed and specifically including inter alia, wherein said connection device is arranged above said weld seam and straddles said weld seam at a distance therefrom.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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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