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 .
Priority
The claim to priority as a 371 filing of PCT/AU2021/050699, filed on June 30, 2021, which claims benefit to AU 2020902239, filed on July 1, 2020 is acknowledged in the instant application.
Information Disclosure Statement
The Information Disclosure Statement filed on December 23, 2022 and February 14, 2025 have been considered by the Examiner.
Specification
The abstract of the disclosure is objected to because it is more than 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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) 1-3 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young et al. (US Pub. 2019/0124722) (cited by Applicant) in view of O’Neil (GB 2265071) (new cited).
Regarding claim 1, Young et al. discloses a thermal immersion circulator comprising: a housing (210) defining a cavity; a heater (202) comprising a heating element (250), wherein at least a portion of the heating element (250) is located within the cavity of the housing (210); a coupling assembly (coupling nut 206) securing the heater (202) within the housing; and a seal (288) disposed between the heater (202) and the coupling assembly (206) (Fig. 16, 19 and 21; Par. 87, 92 and 98). Young et al. does not disclose the seal isolating the coupling assembly from direct contact with the heater. O’Neil discloses the seal (5) isolating the coupling assembly (Fig. 1, 6 or 7) from direct contact with the heater (1) (Fig. 1; Page 6, Lines 10-22). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Young et al., the seal isolating the coupling assembly from direct contact with the heater, as taught by O’Neil, for the purpose of sealing the passage of the heating element cold tails through the head and serving furthermore to support the heating element.
Regarding claim 2, Young et al. discloses the heater (202) has a side surface, wherein the coupling assembly (206) comprises a main body dimensioned to engage with the housing (210) and the side surface of the heater (202), the main body extending between the side surface and the housing (Fig. 16 ad 21).
Regarding claim 3, O’Neil discloses the seal (5) is secured on the main body (Fig. 1, 6 or 7) of the coupling assembly (Fig. 1) with respect to the side surface and extends around the main body into a space between the housing (via 2) and the side surface, the seal (5) comprising at least one laterally extending protrusion extending outwardly and in contact with the housing and the side surface (Fig. 1).
Regarding claim 11, Young et al. discloses the main body (via 206, Fig. 21) comprises at least one protrusion (Fig. 21, 284) located on an outer peripheral surface of the main body to be coupled to at least one channel on an inner surface of the housing (via 286) to locate the coupling assembly (206) within the housing (210).
Regarding claim 12, O’Neil discloses the seal (5) is removable coupled to the main body
Claim(s) 13-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young et al. (US Pub. 2019/0124722) in view of Castaneda (US Pat. 6,123,050) (new cited).
Regarding claim 13, Young et al. discloses a thermal immersion circulator comprising: a tubular side wall (Via 102, Fig. 8; Fig. 2) having a longitudinal axis, a fluid inlet (Fig. 2, 14) in communication with a fluid outlet (Fig. 2, 18 or Fig. 8, 126; Par. 42), and a fluid heating portion (via 100; Fig. 5) located therebetween; a heating element (144, Fig. 11; Par. 59) physically coupled to the tubular side wall (Fig. 12) and wrapped at least partially about the fluid heating portion, the heating element (144) comprising a plurality of resistive bands (140, 142, Fig. 12) on the tubular side wall, wherein a first portion (142) of the resistive side band of the plurality of resistive band adjacent the fluid outlet (18 or 126) is longitudinal spaced further from the fluid outlet compared to a longitudinal spacing between the outlet (18, 126) and an opposing second portion (140) of the resistive band arranged on the side wall so as to reduce transfer of heat generated by the resistive band (140, 142) to whilst heating the fluid substantially along a longitudinal length of the heating portion (Fig. 2-8 and 12-14). Young et al. does not disclose at least one seal located adjacent the outlet. Castaneda discloses at least one seal (36) located adjacent the outlet (26) (Fig.1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Young et al., at least one seal located adjacent the outlet, as taught by Castaneda, for the purpose of sealing the outlet from the outside.
Regarding claim 14, Young et al. discloses the plurality of resistive bands (140, 142, Fig. 11-12) forms a heating surface spaced from the fluid outlet (18 or 126, Fig. 2-4 and 8) so as to reduced transfer of heat generated by the plurality of resistive bands (140, 142) while occupying substantially the entire fluid heating portion (Fig. 2).
Regarding claim 15, Young et al. discloses a resistive band (142, Fig. 12) adjacent the fluid inlet (18 or 126, Fig. 2-4, 8 and 14) is spaced at least by a predetermined distance from a fluid bath temperature sensor (264, Fig. 19; Par. 95) couple to the heater so as to reduce interference of heat generated during operation of the heating element (250) upon a temperature measurement of the fluid entering the fluid inlet (14) by the temperature sensor (264).
Regarding claim 16, combination of Young et al. and Castaneda disclose a distance between the top end portion of the heating surface (Fig. 2, top end of heater 100, Fig. 2) and the fluid inlet (14, Fig. 2) varies along the circumference of the tubular side wall to occupy substantially an entire fluid heating portion while being spaced from the seal (Castaneda, seal 36) located about the fluid outlet (18).
Regarding claim 17, Young et al. discloses the plurality of resistive bands (140, 142( comprises at least two columns (Fig. 11) of resistive bands, each column comprises at least one bottom resistive band adjacent to the fluid inlet (14) and at least one top resistive band adjacent to the fluid outlet (18) (Fig. 12 and 14).
Regarding claim 18, Young et al. discloses a distance between each top resistive band (142, Fig. 13) and a top end portion of the heater varies along the at least two columns (Fig. 5 and 11-14).
Regarding claim 19, Young et al. discloses the heating element (144, 146, Fig. 11) is a film printed heater, the film printed heater, the film printed heater comprises a plurality of conductive pathways (252, 256, Fig. 19) forms on the electrically insulated base layer (via circuit board 246, Fig. 19), the plurality of conductive pathways comprising: a first neutral pathway (256, Fig. 19) that electrically couples a first end of each resistive band (248, Fig. 19) to each other and to a first neutral terminal (258, Fig. 19); and a second neutral pathway (252, Fig. 19) that electrically couples a second end of each resistive band (248, Fig. 19) to each other and to a second neutral terminal; a firm printed heater further comprises: a live terminal (260, Fig. 19) for which the second neutral pathway (252, Fig. 19) and the second neutral terminal serves as a return path and a return terminal; and a gate (262, Fig. 19) adjacent to and electrically separated from the live terminal (Fig. 19; Par. 92-95).
Regarding claim 20, Young et al. discloses a mechanically crimped thermal fuse and a fuse holder (Par. 92-93), wherein the upper end of the thermal fuse is electrically coupled to the second neutral pathway (252) and to a PCB controlling the device for heating fluid and a lower end of the thermal fuse is electrically coupled to the second neutral terminal and physically soldered to an exterior surface of the sidewall (Fig. 19; Par. 92-93).
Regarding claim 21, Young et al. discloses the terminals are electrically coupled in soldered electrically connection to other electrical components to the film printed heater (Par. 61).
Regarding claim 22, Young et al. discloses the heating element comprises a heater temperature sensor (264, Fig. 19; Par. 95) couple to at least some of the resistive bands (248, Fig. 19).
Regarding claim 23, Young et al. discloses the gate (168, Fig. 11) is located above the live terminal (154 or 158), and the live terminal is located above the first neutral terminal (150).
Regarding claim 24, Young et al. discloses the heater (100, Fig. 2) is configured according to claim 13.
Allowable Subject Matter
Claims 4-10 and 25 are 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: claims 4 and 25 is allowable because the prior art of record does noy show or fairly suggest “the main body comprises a reinforcement element extending away from the main body substantially along the side surface into the space between the housing and the side surface, the reinforcement element being positioned substantially within the seal” as claimed in claim 4 and “a motor driving a flow of the fluid from the fluid inlet to the fluid outlet, wherein the motor is mounted within the housing using a front motor mount and a rear motor mount, the rear motor mount comprising an extended portion counterbalancing reactive forces of the seal located adjacent the fluid outlet to substantially prevent dislocation of the motor with respect to the housing” as claimed in claim 25.
Conclusion
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/HUNG D NGUYEN/Primary Examiner, Art Unit 3761
HUNG D. NGUYEN
Primary Examiner
Art Unit 3761
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