Prosecution Insights
Last updated: April 19, 2026
Application No. 18/025,285

HEATER MEMBER FOR THERMOSTAT AND MANUFACTURING METHOD THEREFOR

Non-Final OA §103
Filed
Mar 08, 2023
Examiner
TRAN, TIFFANY T
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Nippon Thermostat Co. Ltd.
OA Round
1 (Non-Final)
55%
Grant Probability
Moderate
1-2
OA Rounds
4y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allow Rate
130 granted / 236 resolved
-14.9% vs TC avg
Strong +61% interview lift
Without
With
+60.9%
Interview Lift
resolved cases with interview
Typical timeline
4y 4m
Avg Prosecution
34 currently pending
Career history
270
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
49.9%
+9.9% vs TC avg
§102
16.2%
-23.8% vs TC avg
§112
29.6%
-10.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 236 resolved cases

Office Action

§103
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 03/08/2023,11/26/2024 The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Response to Election/Restriction requirement Applicant’s election without traverse of Group I and Species 2 (claims 7, 9 and 11) in the reply filed on 02/04/2026 is acknowledged. Claims 13-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention. 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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. Claims 7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wahler (DE20321257U1, cited in 11/26/2024 IDS) in view of Kumashiro (US20190032540A1) Regarding claim 7, Wahler discloses A heater member (combo 40, 44, 21, 46) to be provided on a thermostat device (12, see fig.3), comprising: a bar-like heater (40, see fig.2 and para.0015, the heating element 40 has at least one heating conductor 41 consisting of at least one heating wire 43 wound on a carrier 42) disposed in a piston (15, see fig.2) provided in the thermostat device (12, see fig.3), a lead wire (44, see figs.1-2) drawn out from the heater (40, see fig.2), a connector portion (21, see fig.3) in which a rear end face of the heater (see rear end of the heater in annotated fig.2 below which is the rear end of the heating element 40), the lead wire (44, see figs.1-2), and a heater protective portion (46, see fig.2), wherein the rear end face of the heater (see rear end of the heater in annotated fig.2 below) is disposed in a hollow portion (see hollow portion in annotated fig.3 below) formed in the connector portion (21, see fig.3) and not in contact with a 21, see figs.2-3. See fig.3, the annotated rear end of the heater 40 is not in contact with any material of the housing 21 ), and the heater protective portion (sheathing 46, see fig.2) covers a circumferential surface of the heater (40, see fig.2) PNG media_image1.png 844 649 media_image1.png Greyscale PNG media_image2.png 736 971 media_image2.png Greyscale Annotated figs.1-3 of Wahler Wahler discloses the lead wire 44 is connected to an electrical power source (see para.0015: “This electric heating element 40 is connected via external electrical leads 44, 45 to an electrical power source (not shown)”) and the rear end face of the heater is not in contact with any material forming the connector portion (21, see figs.2-3. See fig.3, the annotated rear end of the heater40 is not in contact with the material of the housing 21 ); and The heater protective portion (46, see fig.2) covers the circumferential surface of the heater (40, see fig.2). However, Wahler does not expressly disclose a terminal pin to which an end of the lead wire is connected; a connector portion in which the terminal pin is provided; the rear end face of the heater is not in contact with a resin material forming the connector portion; the heater protective portion covers a circumferential surface of the heater with the resin material and integrally formed with the connector portion. Kumashiro discloses an electronically controlled thermostat device, comprising: a terminal pin (connector terminal 31/32, see fig.2A, 3 and 5) to which an end of the lead wire (21/22, see figs.1-3) is connected (See figs.1-3 and 5); a connector portion (connector member 30, see fig.1, 2A) in which the terminal pin (31/32, see figs.1-3) is provided (see figs.1-3); and the rear end face of the heater (rear end face of heater 20, see annotated fig.2 below) is not in contact with the resin material (material of 30, see fig.3 and para.0046: “The connector member 30 is made of a synthetic resin material” ) forming the connector portion (30, see figs.1-3); PNG media_image3.png 702 890 media_image3.png Greyscale Annotated fig.2A of Kumashiro the heater protective portion (40, see figs.2A-2B) covered circumferential surface of the heater (20, see figs.2A-2B) with the resin material (see para.0049: “ insulating rod pieces 40, 40 made of synthetic resin”) and formed with the connector portion (30, see fig.1-2). . Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Wahler’s connector portion (see item 21 of Wahler) to incorporate the terminal pin and to be made of the resin material as taught by Kumashiro, so as “a terminal pin to which an end of the lead wire is connected; a connector portion in which the terminal pin is provided; the rear end face of the heater is not in contact with a resin material forming the connector portion” as claimed. The terminal pin allows for quick assembly and disassembly of components, making repairs or modifications easier than soldering or twisting wires. In addition, the resin material in the modified connector portion offers high mechanical strength to protect internal components from shock and vibration, enhancing the overall life of the device. Also, it provides excellent insulation against electric currents and maintains structural integrity at high temperatures, preventing catastrophic failures or fire risks. Additionally, it would have been obvious to one of ordinary skill in the art before the effective filing date to further modify the heater protective portion of the modification of Wahler in view of Kumashiro (see item 46 of Wahler) to have “the heater protective portion covers a circumferential surface of the heater with the resin material and formed with the connector portion” as taught by Kumashiro. Doing so helps to insulate the heater, reducing heat loss and ensuring a more consistent temperature throughout the space. Wahler in view of Kumashiro discloses the claimed limitation, Kumashiro discloses both of the heater protective portion 40 and connector portion 30 are made of synthetic resin material (see para.0046 and 0049 of Kumashiro) and the heater protective portion 40 formed with the connector portion 30 in two pieces (See fig. 3 of Kumashiro)), but is silent on the heater protective portion integrally formed with the connector portion. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have “the heater protective portion integrally formed with the connector portion”, for the purpose of reducing the risk of short circuiting and enhancing the overall performance of the heater, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art (see MPEP 2144, V). In this case, Wahler in view of Kumashiro discloses the heater protective portion 40 formed with the connector portion 30 in two pieces (See figs.1-3 of Kumashiro) and forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Regarding claim 9, the modification discloses the claimed limitations as set forth in claim 7. Wahler does not expressly disclose wherein the lead wire and the terminal pin are joined to be electrically connected. Kumashiro further discloses the lead wire (21/22, see figs.1-2) and the terminal pin (31/32, see figs.1-2) are joined to be electrically connected (See figs.1-2). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the lead wire and the terminal pin of Wahler in view of Kumashiro to have “the lead wire and the terminal pin are joined to be electrically connected” as taught by Kumashiro. Doing so allows for quick assembly and disassembly of components, making repairs or modifications easier than soldering or twisting wires. Claim 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wahler in view of Kumashiro as applied to claim 9 and further in view of Portman (US 3839623 A) Regarding claim 11, the modification discloses the claimed limitations as set forth, except the lead wire and the terminal pin are connected by crimping. Portman discloses an electric heater, comprising: the lead wire (21a/21b, see figs.1-3) and the terminal pin (9a/9b, see figs.1-3) are connected by crimping (23a/23b, see figs.1-3 and col. 3 lines 52-54: “the flexible conductors are shown to be crimped to its respective terminal pin 9a,9b at junctions 23a,23b”). Kumashiro further discloses the lead wire (21/22, see figs.1-2) and the terminal pin (31/32, see figs.1-2) are joined to be electrically connected (See figs.1-2). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Wahler in view of Kumashiro to have “the lead wire and the terminal pin are connected by crimping” as taught by Portman. Doing so ensures the electrical connection does not fail and reduces risks of electrical shorts, fire, and wire overheating. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20170268407 A1 discloses a glow plug assembly having dual terminals formed to enable a fast response and reliable control thereof by preventing noise generation caused by grounding. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIFFANY T TRAN whose telephone number is (571)272-3673. The examiner can normally be reached on Monday - Friday, 10am - 6pm. 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, Helena Kosanovic can be reached on (571) 272-9059. 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 or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TIFFANY T TRAN/ Primary Examiner, Art Unit 3761
Read full office action

Prosecution Timeline

Mar 08, 2023
Application Filed
Feb 04, 2026
Examiner Interview (Telephonic)
Feb 06, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
55%
Grant Probability
99%
With Interview (+60.9%)
4y 4m
Median Time to Grant
Low
PTA Risk
Based on 236 resolved cases by this examiner. Grant probability derived from career allow rate.

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