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 Objections
Claim 14 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 11. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 102
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) 1-7, 11-15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by
Saito et al. (US 2011/0180617A1).
Saito discloses
An electric fluid heater 1 for a vehicle, comprising a heating block 9 having an inlet 15 and an outlet 17 for the fluid, a first channel for the fluid intended to flow between the inlet and the outlet, a first tube 5 and a second tube 5 with opposing ends mounted in headers 11, 13, the first and second tubes 5 including heating elements 7, wherein the first channel is delimited by a top plate 25 and a bottom plate 9 sealingly connected to the first tube, the second tube and the headers.
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2. The electric fluid heater according to claim 1, wherein the first tube 5 and the second tube 5 each include two side walls 23 connected by two large walls 21, wherein the top plate and the bottom plate are connected to side walls of the first tube and the second tube. See figures 3 and 4
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3. The electric fluid according to claim 2, wherein the large walls of the first tube and the second tube are arranged perpendicularly with respect to the top plate and the bottom plate. See figures 3 and 4
4. The electric fluid heater according to claim 1, further comprising side plates 19a connected to each of the first tube and the second tube in a parallel manner on the exterior of the heating block.
5. The electric fluid heater according to claim 4, wherein the side plate 19a are distanced from the headers and the top plate and the bottom plate. See figure 3 plates 19a are not in contact with headers.
6. The electric fluid heater according to claim 1, wherein the top includes on at least one of its end portions a raised section. See annotated figure 2 showing the top plate 9 having a raised sections X.
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7. The electric fluid heater according to claim 1, wherein the bottom plate 9 includes on at least one of its end portions a raised section Y. See figure 2 showing the bottom plate having a raised section.
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15. The electric fluid heater according to claim 7, the bottom plate including two raised sections Y, wherein the inlet and the outlet are each connected to one of the raised sections.
11. The electric fluid heater according to claim 1, wherein the headers (circled in the annotated figure below) include a pair of protrusions P extending perpendicularly to the axis of the first tube and the second tube.
14. (duplicate of claim 11) The electric fluid heater according to claim 1, wherein the headers include a pair of protrusions extending perpendicularly to the axis of the first tube or the second tube.
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12. The electric fluid heater according to claim 1, wherein between the first tube and the second tube there is one or more further tubes. See figure 3 showing a multitude of tubes wherein any intermediate tube is between a first and second tube.
13. The electric fluid heater according to claim 1, further comprising side plates Z connected to the first tube or the second tube in a parallel manner on the exterior of the heating block. See figure 2.
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Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saito et al. (US 2011/0180617A1) in view of Hendrix et al. (US 7571718).
Saito discloses the claimed invention except in reference to claim:
8. The electric fluid heater according to claim 6, the top plate including two raised sections, wherein the inlet and the outlet are each connected to one of the raised sections.
9. The electric fluid heater according to claim 1, wherein both the inlet and the outlet are connected to the top plate.
10. The electric fluid heater according to claim 1, wherein the inlet is connected to the top plate, while the outlet is connected to the bottom plate.
Hendrix discloses a similar heating device showing the alternative locations for each of the inlet and outlet. One of skill in the art would have found it obvious to change the location of the inlet and/or outlet to include as needed both inlet and outlet on the top or bottom plate or to provide either the inlet or outlet alternately on either the top or bottom plate as contemplated by Hendrix such that the user of the device is afforded to maximum flexibility with respect to form and fit within a space provided within the limited space of an automobile.
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.
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, 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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