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 .
Drawings
The drawings are objected to because of the following: Element 332 is designated as the “first surface” of the base plate, but in fig. 3, it seems to be pointing to the “2nd surface” of the base plate 340, the same way element 334, which is the “2nd side” is properly pointing to the second side of the base plate 340. Element 332 should be properly pointing to the first side, opposite the 1st surface 352 of the cover plate 350, which is designated as the “third side” in the claims. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 4, 12 are rejected under 35 U.S.C. 102a1 as being anticipated by Zhu (Chinese Patent Publication CN202254227U).
Regarding claim 1, Zhu discloses a heating unit (Fig. 2, liquid heater 12), comprising:
a base plate having a first side and a second side opposite the first side, wherein the base plate (guide plate 123 + bottom plate 122) includes a passage extending therethrough (Zhu, flow channels 126/127) , the passage being open on the first side and closed on the second side;
a cover plate (top plate 121) having a third side and a fourth side opposite the third side, wherein the cover plate is disposed on the base plate such that the third side and the passage together define a conduit extending through the base plate (the top covers and defines the passage);
a first set of heaters (Zhu, p. 4 second paragraph; this heating unit is not in the drawings but is disclosed in the specification; “The bottom plate 123 is also a metal plate, and the shape of the heating wire 1281 on the bottom plate 123 is consistent with the shape of the rear flow channel group 127.” ) disposed on the second side of the base plate, wherein the first set of heaters includes one or more heaters; and
a second set of heaters (Zhu, fig. 2 electric heating device 128 on cover plate) disposed on the fourth side of the cover plate, wherein the second set of heaters includes one or more heaters.
Regarding claim 4, Zhu discloses all the limitations of claim 1, as above, and further discloses wherein the first set of heaters and the second set of heaters include a same number of heaters (Zhu, fig. 2, p. 4 second paragraph; this heating unit is not in the drawings but is disclosed in the specification; “The bottom plate 123 is also a metal plate, and the shape of the heating wire 1281 on the bottom plate 123 is consistent with the shape of the rear flow channel group 127.” This indicates that the heaters on the top and bottom are the same).
Regarding claim 12 Zhu discloses a heating unit (fig. 2, heater 12), comprising:
a base plate (Zhu, 123 + 122) having a first side and a second side opposite the first side;
a cover plate (122) having a third side and a fourth side opposite the third side, wherein the third side of the cover plate is disposed on the first side of the base plate;
a gas-flow conduit (126) defined by the base plate and the third side of the cover plate;
a gas inlet (inlet 1222; “gas” is intended use, and this device could be used with gas and this limitation does not affect the structure.) fluidly coupled to a first end of the gas-flow conduit, the gas inlet being configured to admit a gas into the gas-flow conduit;
a gas outlet (1223) fluidly coupled to a second end of the gas-flow conduit, the gas outlet being configured to discharge a gas from the gas-flow conduit;
a first set of heaters (Zhu, p. 4 second paragraph; this heating unit is not in the drawings but is disclosed in the specification; “The bottom plate 123 is also a metal plate, and the shape of the heating wire 1281 on the bottom plate 123 is consistent with the shape of the rear flow channel group 127.” ) configured to heat the second side of the base plate, wherein the first set of heaters includes one or more heaters; and
a second set of heaters (Zhu, fig. 2 electric heating device 128 on cover plate) configured to heat the fourth side of the cover plate, wherein the second set of heaters includes one or more heaters.
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, 2, 3, 7, 9, 10, 12-17,19 is/are rejected under 35 U.S.C. 103 as being obvious over Zhu (Chinese Patent Publication CN202254227U) in view of Krogh Anderson (U.S. Patent Application Publication 2014/ 0276545).
Alternatively for claim 1, Zhu discloses a heating unit (Fig. 2, liquid heater 12), comprising:
a base plate having a first side and a second side opposite the first side, wherein the base plate (guide plate 123 + bottom plate 122) includes a passage extending therethrough (Zhu, flow channels 126/127) , the passage being open on the first side and closed on the second side;
a cover plate (top plate 121) having a third side and a fourth side opposite the third side, wherein the cover plate is disposed on the base plate such that the third side and the passage together define a conduit extending through the base plate (the top covers and defines the passage);
a first set of heaters (Zhu, p. 4 second paragraph; this heating unit is not in the drawings but is disclosed in the specification; “The bottom plate 123 is also a metal plate, and the shape of the heating wire 1281 on the bottom plate 123 is consistent with the shape of the rear flow channel group 127.” ) disposed on the second side of the base plate,
a second set of heaters (Zhu, fig. 2 electric heating device 128 on cover plate) disposed on the fourth side of the cover plate,
However, Zhu does not teach that the heating first and second set of heaters each includes one or more heaters, respectively. In Zhu’s invention, there is only one heater on the topside or bottom side.
However, Krogh Anderson teaches the heating first and second set of heaters each includes one or more heaters (Krogh Anderson, ¶0014, heating elements “bonded to a surface of the upper and/or a surface of the lower wall structure facing away from the fluid channel”…and “may naturally comprise a plurality of resistor elements”, figs. 1b, 2b, for instance). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify Zhu with the teachings of Krogh Andersen, to have multiple heaters spaced apart as the set of heating elements on the second side of the base plate, in order to better control the heating of the fluid according to how the control circuit control power dissipation of the heating element according to the desired temperature, and having different heating elements allows to control with flexibility and achieve any desired resistance value and in a conventional method (Krogh Andersen, ¶¶14, 23, “comprise a plurality of resistor elements or individual resistors coupled in series or parallel to provide any desired resistance value depending on the requirement of the application“ and “adjust power dissipation in the heating element in accordance with a desired or target temperature”).
Regarding claim 2, Zhu in view of Krogh Anderson teaches all the limitations of claim 1, as above, and further teaches a heating unit wherein the first set of heaters includes multiple heaters spaced-apart on the second side of the base plate (Krogh Anderson, ¶0014, heating elements “bonded to a surface of the upper and/or a surface of the lower wall structure facing away from the fluid channel”…and “may naturally comprise a plurality of resistor elements”, figs. 1b, 2b, for instance. This would have been combined in the combination above).
Regarding claim 3, Zhu in view of Krogh Anderson teaches all the limitations of claim 1, as above, and further teaches wherein the second set of heaters includes multiple heaters spaced-apart on the fourth side of the cover plate (Krogh Anderson, figs. 1b, 2b, multiple spaced heaters on the fourth side, this would have been combined in the combination above).
Regarding claim 7, Zhu discloses all the limitations of claim 1, as above, but does not further teach a heating unit wherein the passage is a machined cavity extending on the first side of the base plate. However, this is a product by process claim and the limitation is only given weight to the extent that the process affect the product if the product could be made in another way. Here, the process does not affect the product, so, arguably, the structure of this heating unit is reads on the claims. Furthermore, Krogh Anderson teaches that such a method of creating cavities is conventional in the art (Krogh Andersen, ¶12 “machining a solid object”), thus it also would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to use the teachings of Krogh Anderson to create the cavity of Zhu, using a conventional method in a conventional way to achieve the expected result of a cavity or passage for a fluid in a plate.
Regarding claim 9, Zhu in view of Krogh Andersen teaches all the limitations of claim 1, and further teaches wherein each heater of the first and second sets of heaters are resistance heaters (Krogh Anderson, ¶14, “resistors” as the heating elements; this would have been part of the combination above).
Regarding claim 10, Zhu discloses all the limitations of claim 1, as above, but does not teach a heating unit wherein the first set of heaters and the second set of heaters include multiple symmetrically arranged heaters. However, Krogh Andersen teaches wherein the first set of heaters and the second set of heaters include multiple symmetrically arranged heaters (Krogh Andersen, (Krogh Anderson, ¶0014, heating elements “bonded to a surface of the upper and/or a surface of the lower wall structure facing away from the fluid channel”…and “may naturally comprise a plurality of resistor elements”, figs. 1b, 2b, for instance). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify Zhu with the teachings of Krogh Andersen, to have multiple heaters spaced apart as the set of heating elements on the second side of the base plate, in order to better control the heating of the fluid according to how the control circuit control power dissipation of the heating element according to the desired temperature, and having different heating elements allows to control with flexibility and achieve any desired resistance value and in a conventional method (Krogh Andersen, ¶¶14, 23, “comprise a plurality of resistor elements or individual resistors coupled in series or parallel to provide any desired resistance value depending on the requirement of the application“ and “adjust power dissipation in the heating element in accordance with a desired or target temperature”).
Alternatively for claim 12, Regarding claim 12 Zhu discloses a heating unit (fig. 2, heater 12), comprising:
a base plate (Zhu, 123 + 122) having a first side and a second side opposite the first side;
a cover plate (122) having a third side and a fourth side opposite the third side, wherein the third side of the cover plate is disposed on the first side of the base plate;
a gas-flow conduit (126) defined by the base plate and the third side of the cover plate;
a gas inlet (inlet 1222; “gas” is intended use, and this device could be used with gas and this limitation does not affect the structure.) fluidly coupled to a first end of the gas-flow conduit, the gas inlet being configured to admit a gas into the gas-flow conduit;
a gas outlet (1223) fluidly coupled to a second end of the gas-flow conduit, the gas outlet being configured to discharge a gas from the gas-flow conduit;
a first set of heaters (Zhu, p. 4 second paragraph; this heating unit is not in the drawings but is disclosed in the specification; “The bottom plate 123 is also a metal plate, and the shape of the heating wire 1281 on the bottom plate 123 is consistent with the shape of the rear flow channel group 127.” ) configured to heat the second side of the base plate,
a second set of heaters (Zhu, fig. 2 electric heating device 128 on cover plate) configured to heat the fourth side of the cover plate,
However, Zhu does not teach that the heating first and second set of heaters each includes one or more heaters, respectively. In Zhu’s invention, there is only one heater on the topside or bottom side.
However, Krogh Anderson teaches the heating first and second set of heaters each includes one or more heaters. (Krogh Anderson, ¶0014, heating elements “bonded to a surface of the upper and/or a surface of the lower wall structure facing away from the fluid channel”…and “may naturally comprise a plurality of resistor elements”, figs. 1b, 2b, for instance). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify Zhu with the teachings of Krogh Andersen, to have multiple heaters spaced apart as the set of heating elements on the second side of the base plate, in order to better control the heating of the fluid according to how the control circuit control power dissipation of the heating element according to the desired temperature, and having different heating elements allows to control with flexibility and achieve any desired resistance value and in a conventional method (Krogh Andersen, ¶¶14, 23, “comprise a plurality of resistor elements or individual resistors coupled in series or parallel to provide any desired resistance value depending on the requirement of the application“ and “adjust power dissipation in the heating element in accordance with a desired or target temperature”).
Regarding claim 13, Zhu discloses (or Zhu in view of Krogh Andersen teaches) all the limitations of claim 12, as above, but does not further disclose a heating unit wherein the gas-flow conduit includes a passage extending between the first end and the second end machined on the first side of the base plate. However, this is a product by process claim and the limitation is only given weight to the extent that the process affect the product if the product could be made in another way. Here, the process does not affect the product, so, arguably, the structure of this heating unit is reads on the claims. Furthermore, Krogh Anderson teaches that such a method of creating cavities is conventional in the art (Krogh Andersen, ¶12 “machining a solid object”), thus it also would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to use the teachings of Krogh Anderson to create the cavity of Zhu, using a conventional method in a conventional way to achieve the expected result of a cavity or passage for a fluid in a plate.
Regarding claim 14, Zhu in view of Krogh Andersen teaches all the limitations of claim 13, as above, and further teaches a heating unit wherein the passage extends in a serpentine manner between the first end and the second end (Zhu, fig. 2, the passage snakes back and forth).
Regarding claim 15, Zhu in view of Krogh Andersen teaches all the limitations of claim 12, as above, and further teaches a heating unit wherein the first set of heaters includes multiple spaced-apart heaters and the second set of heaters include multiple spaced-apart heaters (Krogh Anderson, ¶0014, heating elements “bonded to a surface of the upper and/or a surface of the lower wall structure facing away from the fluid channel”…and “may naturally comprise a plurality of resistor elements”, figs. 1b, 2b, for instance. This would have been combined in the combination above). .
Regarding claim 16, Zhu in view of Andersen teaches all the limitations of claim 15, as above, and further teaches a heating unit wherein the first set of heaters and the second set of heaters include a same number of heaters, and the same number is between 2 and 6 (Krogh Anderson, ¶0014, heating elements “bonded to a surface of the upper and/or a surface of the lower wall structure facing away from the fluid channel”…and “may naturally comprise a plurality of resistor elements”, figs. 1b, 2b, for instance; this would have been combined in the combination above).
Regarding claim 17, Zhu in view of Krogh Andersen teaches all the limitations of claim 12, as above, but does not further teach, thus far a heating unit wherein the first set of heaters is removably coupled to the second side of the base plate. However, Krogh Andersen further teaches wherein the first set of heaters is removably coupled to the second side of the base plate (Krogh Andersen, ¶0050, resisters are coupled to outer surfaces, but are changeable, so can be adjustable, figs. 2b, 2d). Thus, it would be obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Zhu in view of Krogh Andersen with a further teachings of Krogh Andersen, in order that the heating elements are removable and adjustable so that the heat may be adjusted as desired by the operator in a conventional way, being removably coupled, in order to achieve not unexpected results.
Regarding claim 19, Zhu in view of Krogh Anderson teaches all the limitations of claim 12, and further teaches, in the combination, a heating unit wherein the heaters of the first set and the second set include resistance heaters (Krogh Anderson, ¶14, “resistors” as the heating elements; this would have been part of the combination above).
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being obvious over Zhu (Chinese Patent Publication CN202254227U) in view of Ford (U.S. Patent 5,381,510).
Regarding claim 5, Zhu discloses all the limitations of claim 1, as above, and further teaches a heating unit wherein the passage is fluidly coupled to a gas inlet (Zhu, 1222, figs. 3 or 4) at one end and fluidly coupled to a gas outlet (Zhu, 1223, figs. 3 or 4, intended use for the gas – this just speaks to the inlet and the outlet) at an opposite end, but does not further teach, in this configuration, wherein the gas inlet is configured to admit a gas into the conduit and the gas outlet is configured to discharge the gas from the conduit. However, the use of gas is intended use, and the structure for fluids to travel through would be the same. As well, as well, Ford teaches the use of different fluids, including a gas to flow through his heater with a passage and a heating element on top and on bottom, as required by an operator (Ford, column 4 lines 48-51, fig. 2, heating plates 200 and 400)). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify Zue in view of Ford, to heat up a gas in a conventional way, the claimed structure being the same for other fluids, as required by an operator using conventional means with only the expected result of efficient heating of the gas.
Regarding claim 6, Zhu in view of Ford teaches all the limitations of claim 5, as above, and further teaches a heating unit wherein the passage is a serpentine passage (Zhu, fig. 2, the passage snakes back and forth).
Claims 8 and 20 are rejected under 35 U.S.C. 103 as being obvious over Zhu (Chinese Patent Publication CN202254227U) in view of Hermida Dominguez (U.S. Patent 2020/ 0062082).
Regarding claims 8 and 20, Zhu discloses all the limitations of claim 1 and 12, respectively, as above, but does not further teach a heating unit wherein the cover plate is brazed to the base plate. However, Hermida Dominguez teaches that such a method is conventional in heaters when closing passageways for fluids (Hermida Dominguez, ¶¶49, 56, “attachment mode is by means of adhesive or by means of brazing. This attachment assures the leak-tight closure of the inner chamber”). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify Zhu with the teachings of Hermida Dominguez, to use a conventional method to adhere the plates together, in order to create a leak-tight chamber so that the fluid may travel though it, this being done in a conventional way without unexpected results.
Claims 11 are rejected under 35 U.S.C. 103 as being obvious over Zhu (Chinese Patent Publication CN202254227U) in view of Mograbi (U.S. Patent Application Publication 2011/ 0259203).
Regarding claim 11, Zhu discloses all the limitations of claim 1, as above, but does not specifically disclose wherein a cross-sectional shape of the passage is one of substantially semi-circular, substantially U-shaped, substantially rectangular, or substantially square . From Zhu (fig. 2) it does appear that the cross-sectional shape of the passage is substantially rectangular, seeing that the sides are straight and that the bottom of the channel seems to be at a right angle to the sides. However, Mograbi teaches the claimed shapes for the cross-section for the liquid conduit (¶0019). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to have conventional shapes, as claimed, for the cross-sectional area of the channel or conduit, in order to have the fluid flow and to be able to transfer heat well to the fluid in a conventional way without unexpected results.
Claim 18 is rejected under 35 U.S.C. 103 as being obvious over Zhu (Chinese Patent Publication CN202254227U) in view of Gu (U.S. Patent Application Publication 2015/ 0343883).
Regarding claim 18, Zhu discloses all the limitations of claim 12, above, but does not further teach a heating unit wherein the first set of heaters is attached to the second side of the base plate using a conductive adhesive. However, Gu teaches using a conductive adhesive for applying a heater (radiating plate) within a flow through heating device to heat a fluid (Gu, ¶101). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify Zhu with the teachings of Gu, to use a conductive adhesive which is a conventional way of connecting heating elements in this type of flow through apparatus, in order that heat is most effectively transferred from the heating element to the fluid, even through the conductive adhesive holding the heating element to the plate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAWRENCE H SAMUELS whose telephone number is (571)272-2683. The examiner can normally be reached 9AM-5PM M-F.
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/LAWRENCE H SAMUELS/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761