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 .
Response to Amendment
The amendment presents claims 1, 3, and 4 as amended and claim 2 as cancelled. Claims 1 and 3-4 remain pending examination.
The amendment is sufficient in overcoming the previously indicated objection to claim 2 and the prior art rejections of claims 1-4 under 35 USC 103.
Further grounds of rejection, necessitated by the amendment, are presented herein.
Response to Arguments
Applicant’s arguments 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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 3 is rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention.
Claim 3 has been amended to recite, in relevant part, “each ceramic insulator is voided between the heater wire holding holes adjacent to each other in an outer circumferential direction of the center hole, and one of the heater wires adjacent to each other is disposed in a voided portion.”
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Figure 7A of instant application
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Figure 8A
Figure 7 and 8 appear, as best understood, to describe the claimed embodiment. Turning to the specification, paragraphs 0022 and 0023 state the following:
[0022] In the present invention, as illustrated in FIG. 7 and FIG. 8, preferably, each ceramic insulator 18 is voided between the heater wire holding holes 22 adjacent to each other in an outer circumferential direction of the center hole 20, and one of the heater wires 14 adjacent to each other is disposed at a voided portion.
[0023] In this case, the adjacent heater wires 14 are supported by different ceramic insulators 18, respectively, and shortcircuiting between the adjacent heater wires 14 due to metal oxide accumulated on the ceramic insulators 18 can be almost perfectly prevented.
Additionally, paragraph 0058 states:
In the examples illustrated in FIG. 7 and FIG. 8, the rotation-symmetrical ceramic insulator 18 having the six heater wire holding holes 22 is used, and the ceramic insulators 18 disposed in the up-down direction are rotated by 30° relative to each other, whereby the twelve heater wires 14 are held. However, the present embodiment is not limited to the illustrated configurations, and may have any configuration as long as the ceramic insulator 18 is voided between the heater wire holding holes 22 adjacent to each other in the outer circumferential direction of the center hole 20 of the ceramic insulator 18, and one of the adjacent heater wires 14 is disposed at the voided portion.
First, “disk” is defined as “a thin, flat, circular object or plate” (thefreedictionary.com/disk, viewed on 03/16/2026). Neither of the ceramic insulators in Figure 7 or 8 are circular.
Second, the specification does not describe an embodiment of disk shaped ceramic insulators having a voided portion where one of the heating wires adjacent to each other is disposed in a voided portion. Rather, the specification describes the ceramic insulators being arranged co-linear with each other where a heating wire of one insulator is disposed in the voided portion of another ceramic insulator.
As such, amended claim 3 appears to lack anticipatory disclosure and, as such, introduces new matter.
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 3 is 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 (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 has been amended to recite, in relevant part, “each ceramic insulator is voided between the heater wire holding holes adjacent to each other in an outer circumferential direction of the center hole, and one of the heater wires adjacent to each other is disposed in a voided portion,” which creates confusion as to the intended structural cooperative relationship between the voided portion(s) of the insulators, the heater wire holding holes and the heater wires that are arranged parallel to each other.
Applicant, in the Remarks filed 01/27/2026, cites to Figure 7A as support for the amended language in claim 3. Fig. 7A is reproduced below.
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Figure 7A of instant application
As detailed above, the specification details the ceramic insulators being arranged co-linear with each other where a heating wire of one insulator, extending through the holding hole, is disposed in a voided portion of another ceramic insulator. While, in view of Fig. 7A, the cooperative relationship is understood, the claim’s scope is broader and is not limited to such relationship. Conversely, the language of “each ceramic insulator is voided between the heater wire holding holes adjacent to each other in an outer circumferential direction of the center hole, and one of the heater wires adjacent to each other is disposed in a voided portion” creates confusion as it is unclear in what way the heater wires (or one of them) is intended to be disposed in the heater wire holding holes of the ceramic insulators and in the voided portion. The claim can be properly construed to have distinct meanings; 1) each insulator has plural heater wire holding holes and voided portions between the heater wire holding holes, such that at least one heating wire is disposed in the heater wire holding holes and in the voided portion (e.g., the heater wire extends through the respective holding hole and bends to be disposed in the voided portion), 2) each insulator has plural heater wire holding holes and voided portions between the heater wire holding holes, such that at least one heating wire is not disposed in a heating wire holding hole, but rather in the voided portion, and 3) each insulator has plural heater wire holding holes and voided portions between the heater wire holding holes, such that each heating wire is disposed in a respective heater wire holding holes and the ceramic insulators are co-linear, yet offset to allow a heater wire, or a portion thereof, to extend from the heater wire holding hole of a first ceramic insulator to the voided portion of an adjacent second ceramic insulator. Based on the aforementioned, the scope of the claim allows for varying interpretations that go beyond merely being broad as such interpretations require mutually exclusive cooperative relationships. Based on the filed Remarks, it appears that the intention is for the third interpretation to be correct. If so, then the Examiner recommends clearly articulating that intended cooperative relationship between the heater wires, holding holes, ceramic insulators, and voided portions thereof.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lewin (US20100290499) in view of Bayly (US 4322606) and in further view of Schlipf (US2010/0147826).
Regarding claim 1, Lewin teaches an electric heating device (Title) comprising:
a radiant tube (Abstract and Fig. 1a/b, tube 2)
a plurality of heater wires (heating wires 4) disposed in the radiant tube (2) so as to be parallel to each other (Fig. 1a/b);
a heater fixing shaft (central rod 7) disposed on a center axis line of the radiant tube (para. 0019; “central rod 7 which runs centrally in the radiant tube 2 and through the central bores in the ceramic discs 6”),
disk-shaped ceramic insulators (ceramic discs 6) mounted to the heater fixing shaft (7) at predetermined intervals so as to support the heater wires (as shown in Fig. 1a),
wherein a center hole in which the heater fixing shaft is inserted penetrates through each ceramic insulator at a center thereof (para. 0019; “central rod 7 which runs centrally in the radiant tube 2 and through the central bores in the ceramic discs 6”), and heater wire holding holes that are equally spaced on a circumference concentric with the center hole penetrate through each ceramic insulator (para. 0019; “heating element is suitably supported in the radiant tube 2 with help from ceramic discs 6 provided with bores in which the element's legs 4 pass.”) (The heater wire holding holes are considered to correspond to the bores in the ceramic discs that receive the heating wires. Fig. 1a shows a substantially equal spacing between adjacent heating wires and the rod 7, which would mean that the respective heater wire holding holes, or bores, are similarly spaced relative to the central bore),
an outer diameter of each ceramic insulator (6) or a diameter of a circumscribed circle of the ceramic insulator is less than an inner diameter of the radiant tube (Fig. 1b, shows assembly 3 being placed within radiant tube 2. This would require that the outer diameter of discs 6 to be less than the inner diameter of tube 2) or a diameter of an inscribed circle of the radiant tube as viewed in an axial direction of the radiant tube in a normal state,
the heater wire holding holes being adjacent to each other in an outer circumferential direction of the center hole (see above)
Lewin teaches substantially the claimed invention except for the radiant tube being made of metal, the heater fixing shaft having a surface covered by an insulator, and each ceramic insulator has, in an upper surface, a recessed groove positioned between each heater wire holding hole.
Bayly relates to electric heating assemblies for radiant tube heaters (1:5-10) and teaches an electric heating devices comprising a radiant tube (Fig. 1; tube 12 defining cylindrical body 16), a plurality of heater strips (heaters 26) disposed in the radiant tube (12), a heater fixing shaft (88) disposed on a center axis line of the radiant tube (12), ceramic insulators (56) mounted to the heater fixing shaft (88) at predetermined intervals (Fig. 1), wherein a center hole (centrally located bore 62) in which the heater fixing shaft (88) is inserted penetrates through each ceramic insulator (56) at a center thereof, and heater wire holding holes (58) that are equally spaced on a circumference concentric with the center hole penetrate through each ceramic insulator (Fig. 1).
Bayly, with respect to the radiant tube, teaches using “any suitable metallic material, such as casting allow” (3:21-23).
Bayly, with respect to the fixing shaft (88), teaches the heater fixing shaft having a surface covered by an insulator (ceramic spacer 84, which covers an outer circumference of the shaft 88). Bayly teaches that ceramic is a “suitable electrical-insulating and heat-resistant material” (3:55-60).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Lewin with Bayly, by replacing the material of the radiant tube of Lewin, inherently being of some material, with the metal material taught by Bayly, as the prior art teaches that metal is a suitable material for a radiant tube containing an electric heating assembly. See MPEP 2144.07.
Furthermore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Lewin with Bayly, by adding to the fixing shaft of Lewin, the insulating cover taught by Bayly, for in doing so insulate the fixing shaft from the heating elements while aiding in maintaining the spacing between adjacent axially positioned ceramic discs (Bayly; 4:13-38).
The combination of Lewin and Bayly teaches substantially the claimed invention except for each ceramic insulator has, in an upper surface, a recessed groove positioned between each heater wire holding hole.
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Figure 18 of Schlipf
Schlipf relates to an electric heater in which heating coils are positioned within respective holding holes (para. 0002; Figs 14, 15, 18) and retained within a tube (14/1). Schlipf teaches a ceramic disk (15; para. 0065 details 15 consisting of a ceramic body) having multiple holding holes (16’) which receives heating coil (11/2, 12/2). Schlipf additionally teaches a recessed groove (recesses 42’ and recesses 22’) positioned between each heater wire holding hole (16’).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Lewin, as modified by Bayly, with Schlipf, by adding to the upper surface, between each heater wire holding holes, of each ceramic disc of Lewin, with the recessed grooves taught by Schlipf, for in doing so would provide a means for properly seating the ceramic disk, and the heating wires, within the tube (para. 0051, as well as, a means to provide an insulating material between the tube and the heating wires (para. 0069-0070).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lewin (US20100290499) in view of Bayly (US 4322606) and in further view of Soltow (US 4715571).
Regarding claim 3, Lewin teaches an electric heating device (Title) comprising:
a radiant tube (Abstract and Fig. 1a/b, tube 2)
a plurality of heater wires (heating wires 4) disposed in the radiant tube (2) so as to be parallel to each other (Fig. 1a/b);
a heater fixing shaft (central rod 7) disposed on a center axis line of the radiant tube (para. 0019; “central rod 7 which runs centrally in the radiant tube 2 and through the central bores in the ceramic discs 6”),
disk-shaped ceramic insulators (ceramic discs 6) mounted to the heater fixing shaft (7) at predetermined intervals so as to support the heater wires (as shown in Fig. 1a),
wherein a center hole in which the heater fixing shaft is inserted penetrates through each ceramic insulator at a center thereof (para. 0019; “central rod 7 which runs centrally in the radiant tube 2 and through the central bores in the ceramic discs 6”), and heater wire holding holes that are equally spaced on a circumference concentric with the center hole penetrate through each ceramic insulator (para. 0019; “heating element is suitably supported in the radiant tube 2 with help from ceramic discs 6 provided with bores in which the element's legs 4 pass.”) (The heater wire holding holes are considered to correspond to the bores in the ceramic discs that receive the heating wires. Fig. 1a shows a substantially equal spacing between adjacent heating wires and the rod 7, which would mean that the respective heater wire holding holes, or bores, are similarly spaced relative to the central bore),
an outer diameter of each ceramic insulator (6) or a diameter of a circumscribed circle of the ceramic insulator is less than an inner diameter of the radiant tube (Fig. 1b, shows assembly 3 being placed within radiant tube 2. This would require that the outer diameter of discs 6 to be less than the inner diameter of tube 2) or a diameter of an inscribed circle of the radiant tube as viewed in an axial direction of the radiant tube in a normal state.
Lewin teaches substantially the claimed invention except for the radiant tube being made of metal, the heater fixing shaft having a surface covered by an insulator, and each ceramic insulator is voided between the heater wire holding holes adjacent to each other in an outer circumferential direction of the center hole, and one of the heater wires adjacent to each other is disposed in a voided portion.
Bayly relates to electric heating assemblies for radiant tube heaters (1:5-10) and teaches an electric heating devices comprising a radiant tube (Fig. 1; tube 12 defining cylindrical body 16), a plurality of heater strips (heaters 26) disposed in the radiant tube (12), a heater fixing shaft (88) disposed on a center axis line of the radiant tube (12), ceramic insulators (56) mounted to the heater fixing shaft (88) at predetermined intervals (Fig. 1), wherein a center hole (centrally located bore 62) in which the heater fixing shaft (88) is inserted penetrates through each ceramic insulator (56) at a center thereof, and heater wire holding holes (58) that are equally spaced on a circumference concentric with the center hole penetrate through each ceramic insulator (Fig. 1).
Bayly, with respect to the radiant tube, teaches using “any suitable metallic material, such as casting allow” (3:21-23).
Bayly, with respect to the fixing shaft (88), teaches the heater fixing shaft having a surface covered by an insulator (ceramic spacer 84, which covers an outer circumference of the shaft 88). Bayly teaches that ceramic is a “suitable electrical-insulating and heat-resistant material” (3:55-60).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Lewin with Bayly, by replacing the material of the radiant tube of Lewin, inherently being of some material, with the metal material taught by Bayly, as the prior art teaches that metal is a suitable material for a radiant tube containing an electric heating assembly. See MPEP 2144.07.
Furthermore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Lewin with Bayly, by adding to the fixing shaft of Lewin, the insulating cover taught by Bayly, for in doing so insulate the fixing shaft from the heating elements while aiding in maintaining the spacing between adjacent axially positioned ceramic discs (Bayly; 4:13-38).
The combination of Lewin and Bayly teaches substantially the claimed invention except for each ceramic insulator is voided between the heater wire holding holes adjacent to each other in an outer circumferential direction of the center hole, and one of the heater wires adjacent to each other is disposed in a voided portion.
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Figure 3 of Soltow
Soltow relates to a device for securing a plurality of electrical conductors using a disk shaped member (Abstract and Fig. 3). Soltow teaches the disc (19) having a central hole (See Fig. 3A above) and a plurality of holding holes (16) equally spaced on a circumference concentric with the center hole (Fig. 3). In this case, the central hole and the holding holes correspond to the same arrangement in the ceramic discs detailed above in Lewin and Bayly.
Soltow teaches the disk (19) voided between the wire holding holes (16) adjacent to each other in an outer circumferential direction of the center hole (voids 17 occur between adjacent holes 16 along the circumferential direction), and one of the wires adjacent to each other is disposed in a voided portion (3:59-61; “ Recesses 16 take up cables of relatively larger diameter, whereas the recesses 17 take up conductors or cables with a relatively smaller diameter.”).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Lewin, as modified by Bayly, with Soltow by replacing the shape of the ceramic discs of Lewin, with that of Soltow, for in doing so would provide an alternative shaped ceramic disc suitable for performing the same function of retaining electrical conductors/heating wires. Further, using the disc shape of Soltow would be a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed disc was significant. See MPEP 2114.04-IV-B. Additionally, it would have been obvious to modify the placement of the heating wires to include placement in the voided portion, as taught by Soltow, for in doing so would allow varying diameter wires to be retained, which would allow for a tailored heating profile.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lewin (US20100290499) in view of Bayly (US 4322606), Schlipf (US2010/0147826), and in further view of Lewin (US 7692122), hereinafter Lewin ‘122.
Regarding claim 4, the primary combination, as applied in claim 1, teaches each claimed limitation including wherein at least a portion, of a circumferential edge portion of each ceramic insulator, which comes into contact with the radiant tube is formed in a round shape (Fig. 1a/b of Lewin shows the ceramic discs having a round circumference). The primary combination is silent on an outer diameter of each ceramic insulator being maximum at a center in a thickness direction, and the outer diameter is gradually reduced toward both the upper surface and a bottom surface of each ceramic insulator.
Lewin '122 relates to electric heating elements and teaches using ceramic discs for supporting an electrical heating element (see Figure 1 above, disc 1 is made from
suitable heat resistant ceramic; 2:21-24) (see also Figs. 2a, 3a, 4a, and 5a). Lewin ‘122
teaches the ceramic disc having a central hole (2) and a plurality of holding holes (3)
equally spaced on a circumference concentric with the center hole (2). In this case, the
central hole (2) and the holding holes (3) correspond to the same arrangement in the
ceramic discs detailed above in Lewin and Bayly.
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Figure 1B of Lewin ‘122 (annotated)
Lewin ‘122 teaches an outer diameter of the ceramic insulator being maximum at a center in a thickness direction (as annotated above), and the outer diameter is gradually reduced toward both the upper surface and a bottom surface of the ceramic insulator (as a result of the rounded or filleted corners, the diameter decreases from the maximum toward the upper and bottom surfaces, respectively.).
The prior art, as a whole, suggests that the shape of the ceramic insulators is known to be variable (see Lewin teaches cylindrical disk, Bayly teaches a disk shape that has a tapered side, and Lewin ‘122 teaches a disk having rounded corners).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Lewin, as modified by Bayly and Schlipf, with Lewin ‘122 by replacing the shape of the ceramic discs of Lewin, with that of Lewin ‘122, for in doing so would provide an alternative shaped ceramic disc suitable for performing the same function of retaining heating wires. Further, using the disc shape of Lewin ‘122 would be a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed disc was significant. See MPEP 2114.04-IV-B.
Conclusion
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 JUSTIN C DODSON whose telephone number is (571)270-0529. The examiner can normally be reached Mon.-Fri. 1:00-9:00 PM (ET).
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/JUSTIN C DODSON/Primary Examiner, Art Unit 3761