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 12/14/2022 has been considered by the examiner.
Drawings
The drawings are objected to because
Figure 12 is incomplete showing that the middle portion of bottom (5b) near reference number 1 and 2 is deleted.
While reference number 1 indicates the high-voltage heater (Figure 1, Figure 2 and Paragraph 32), it also has been used along with reference number 2 for the stack in Figure 3, 4 and 6, as well as in Figure 5, 7 and 8 for the heating element (4). The examiner suggests reference 1 should be deleted in Figure 3, 4 and 6, as well as in Figure 5, 7 and 8.
In Figure 2, reference number 9 for the circuit board is indicating the top of stack (2) or flat tube (3). The examiner suggests reference number 9 should be pointing out the top surface of the circuit board.
In Figure 2, reference number 10 for semi-conductor element is indicating the legs (25). As the semi-conductor elements are covered by the circuit board and thus invisible, the examiner suggests 10 should be changed to 25.
While Figure 6 is a view of a flat tube with the printed-on TFR heating element, it is indicated by reference number 1 (high-voltage heater) and 2 (stack). Both reference numbers should be deleted.
In Figure 7, reference numbers 23a and 23b for two dielectric insulating plates are designating the PTC stone (21). Both should point to the edge of the outer rectangle.
The top view of the heating element (4) in Figure 9 does not show a rectangular shape as in Figure 2-4.
The holding frame (11) is shown in Figure 12, and the circuit board (9) is in Figure 13. As it is shown in Figure 12 and 13 that the circuit board is covering the holding frame, Figure 2 still shows four holes that belong to the holding frame. The examiner suggests those four holes should be removed from Figure 2.
While the semi-conductor elements (10) are covered by the holding frame (11) in Figure 12 and the circuit board (9) in Figure 13, reference number 10 still appears along with reference number 25 in Figure 12 and 13. The reference number 10 should be deleted from Figure 12 and 13.
It is unclear whether the legs (25) stick out when covered by the circuit board (9) as shown in Figure 2 and 13.
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.
Specification
The disclosure is objected to because of the following informalities:
In Paragraph 36, “the boxes 8a and 8b” should read “the boxes 7a and 7b”.
Applicant’s specification uses the term PTC without including the expanded form of this abbreviation. Examiner suggests amending the first occurrence of the term PTC to also include (Positive Temperature Coefficient) to clearly indicate the meaning of this term.
Applicant’s specification uses the term TFR without including the expanded form of this abbreviation. Examiner suggests amending the first occurrence of the term TFR to also include (Thick Firm Resistor) to clearly indicate the meaning of this term.
Appropriate correction is required.
Claim Objections
Claim 14 objected to because of the following informalities: “at leas” should read “at least”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, 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.
Claims 1, 6, 12 and 17 recite “in a heat transferring manner.” However, it is unclear because they do not provide a definite understanding of the scope or meaning of the claim. The term does not specify how the heat is transferred, by what mechanism or medium, or to what extent. For similar reason, dependent claims thereof are rejected as well.
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.
(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.
Claims 1, 3-7, 12 and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kominami et al (US Patent Application No. US 2016/0069588 A1), hereinafter Kominami.
Regarding Claim 1, Kominami discloses:
A high-voltage heater (Figure 2) for a motor vehicle for heating a coolant (Paragraph 11, the examiner interprets “heat medium” as “coolant”), comprising
at least two flat tubes (14) that can be flowed through by the coolant (Paragraph 61, the examiner interprets “heat medium” as “coolant”) and at least one heating element (18),
wherein the at least two flat tubes (14) and the at least one heating element (18) are alternatingly stacked on top of one another in a stacking direction to form a stack (Paragraph 11 and 61; Figure 5), and
wherein the at least one heating element (18) is connected at least to one of the adjacent flat tubes (14) in the stack (Paragraph 11and 61; Figure 5) in a heat-transferring manner (Paragraph 85 and Figure 3).
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Figure A. Heat exchange element, adapted from Figure 5 in Kominami
Regarding Claim 3, Kominami discloses:
the high-voltage heater according to Claim 1, wherein:
the at least two flat tubes (14) each comprise two end regions on a longitudinal end side and a middle region situated between the two end regions (Figure 3),
at least one of the at least two flat tubes comprises an offset (37, 38; the examiner interprets the electrode plates as offsets, providing a structural displacement between layers) at least on one of the two end regions, and
in that a distance of the at least one flat tube with the offset and another one of the at least two flat tubes that are adjacent in the stacking direction is greater in the two end regions via the offset than in the middle region (Figure 3; the examiner interprets that, when the electrode plates are directly attached to the flat heat exchange tubes, the configuration results in a greater distance between adjacent tube layers in the end regions than in the middle regions).
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Figure C. Heat medium heating device, adapted from Figure 3 in Kominami
Regarding Claim 4, Kominami discloses:
The high-voltage heater according to Claim 2, further comprising:
a housing (40, 41; the examiner interprets 40 and 41 in the prior art as 14a and 14b comprising the housing) arranged round about the stack (Figure 2),
the housing (2) arranged transversely to the stacking direction between the two bottoms (27; Figure 5), and
the housing connected in a fluid-tight manner to the two bottoms each via an elastic ring seal or a bonding (Figure 2; the examiner interprets that 40 and 41 are connected to 27 in a fluid-tight manner, since the thirteenth aspect of the prior art is no risk of heat medium leakage as disclosed in Paragraph 38).
Regarding Claim 5, Kominami discloses:
The high-voltage heater according to Claim2, wherein at least one of:
the two bottoms (40) and the at least two flat tubes (14) are integrally connected to one another (Paragraph 14),
two lids (3) are integrally connected to the two bottoms (40), and[[/or]]
the two lids are firmly connected to the two bottoms (40) in a positive locking or non-positive locking manner (Paragraph 59), wherein between the two lids and the two bottoms each a seal is arranged and clamped in a sealing manner (Figure 3 and Paragraph 36).
Regarding Claim 6, Kominami discloses:
The high-voltage heater according to Claim1, further comprising:
a circuit board (13) with at least one semi-conductor element (44),
the circuit board (13) is contacted with the at least one semi- conductor element (44) in an electrically conductive manner (Paragraph 74), and
the at least one semi-conductor element is connected to at least one of the at least two flat tubes in a heat-transferring manner (Paragraph 13, 73 and 75).
Regarding Claim 7, Kominami discloses:
The high-voltage heater according to Claim 6, further comprising:
a holding frame (41), that carries the at least one semi-conductor element and the circuit board (Paragraph 73), and
the holding frame is firmly connected to at least one of a housing of the high-voltage heater and the stack of the high-voltage heater (Figure 13 and Paragraph 75).
Regarding Claim 12, Kominami discloses,
A motor vehicle, comprising:
a high-voltage heater (Figure 2) for heating a coolant (Paragraph 11, the examiner interprets “heat medium” as “coolant”), the high- voltage heating including:
at least two flat tubes (14) flowable through by the coolant (Paragraph 61, the examiner interprets “heat medium” as “coolant”) and at least one heating element (18);
the at least two flat tubes (14) and the at least one heating element (18) being alternately stacked on top of one another in a stacking direction to form a stack (Paragraph 11 and 61; Figure 5) with the at least one heating element (18) arranged between the at least two flat tubes (14); and
wherein the at least one heating element is connected to at least one of the two flat tubes in the stack in a heat-transferring manner (Paragraph 85 and Figure 3).
Regarding Claim 14, Kominami discloses:
The motor vehicle according to Claim 13, wherein:
the at least two flat tubes (14) each comprise two end regions on a longitudinal end side and a middle region disposed between the two end regions (Figure 3);
at least one of the at leas two flat tubes comprises an offset (37, 38; the examiner interprets the electrode plates as offsets, providing a structural displacement between layers) on at least one of the two end regions; and
a distance of the at least one flat tube with the offset and another one of the at least two flat tubes is greater in the two end regions via the offset than in the middle region (Figure 3; the examiner interprets that, when the electrode plates are directly attached to the flat heat exchange tubes, the configuration results in a greater distance between adjacent tube layers in the end regions than in the middle regions).
Regarding Claim 15, Kominami discloses,
The motor vehicle according to Claim 13, wherein the high-voltage heater further includes a housing (40, 41; the examiner interprets 40 and 41 in the prior art as 14a and 14b comprising the housing) arranged about the stack (Figure 2), the housing being arranged transversely to the stacking direction between the two bottoms (Figure 5), wherein the housing is connected in a fluid-tight manner to the two bottoms each via an elastic ring seal or a bonding (Figure 2; the examiner interprets that 40 and 41 are connected to 27 in a fluid-tight manner, since the thirteenth aspect of the prior art is no risk of heat medium leakage as disclosed in Paragraph 38).
Regarding Claim 16, Kominami discloses:
The motor vehicle according to Claim 13, wherein at least one of:
the two bottoms (40) and the at least two flat tubes (14) are connected to one another (Paragraph 14) by a connection that is welded, laser-welded, soldered, or glued;
the two lids (3) are connected to the two bottoms (40) by a connection that is welded, laser- welded, soldered, or glued (Paragraph 36); and
the two lids are firmly connected to the two bottoms, wherein a seal is provided between the two lids and between the two bottoms (Figure 2).
Regarding Claim 17, Kominami discloses:
The motor vehicle according to Claim 12, wherein the high-voltage heater further includes a circuit board (13) with at least one semi-conductor element (44);
the circuit board (13) is contacted with the at least one semi-conductor element (44) in an electrically conductive manner (Paragraph 74); and
the at least one semi-conductor element is connected to at least one of the at least two flat tubes in a heat-transferring manner (Paragraph 13, 73 and 75).
Regarding Claim 18, Kominami discloses:
The motor vehicle according to Claim 17, wherein the high-voltage heater further includes a holding frame (41) that carries the at least one semi-conductor element and the circuit board (Paragraph 73); and
wherein the holding frame is firmly connected to at least one of a housing of the high- voltage heater and the stack of the high-voltage heater (Figure 13 and Paragraph 75).
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:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kominami et al (US Patent Application No. US 2016/0069588 A1), hereinafter Kominami, in view of Artamo et al (US Patent Application No. US 20130255923 A1), hereinafter Artamo.
Regarding Claims 2 and 13, Kominami does not explicitly teach that two bottoms oriented transversely to the stacking direction and opposite to one another, and two lids oriented transversely to the stacking direction and opposite to one another, wherein the two lids are connected to the two bottoms in a fluid-tight manner and each delimit a respective box towards the outside, and the at least two flat tubes fluidically lead through the two bottoms into the respective box and this fluidically connect the respective boxes with one another.
However, Artamo teaches that two bottoms (4 and 5, tube sheets) oriented transversely to the stacking direction and opposite to one another (Figure 1; Paragraph 6), and two lids (13, shall parts; Figure 1; Paragraph 17) oriented transversely to the stacking direction and opposite to one another (Figure 1; Paragraph 6), wherein the two lids (13) are connected to the two bottoms (4, 5) in a fluid-tight manner and each delimit a respective box (11 and 12, tube side end chambers) towards the outside (Figure 1), and the at least two flat tubes fluidically lead through the two bottoms (4,5) into the respective box (11, 12) and this fluidically connect the respective boxes (11, 12) with one another (Figure 1; Abstract).
Kominami and Artamo are considered to be analogous to the claimed invention because they all are in the same field of heater/heating device. Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to rearrange the inlet and outlet of Kominami from being on the same side to being on opposite sides, as Artamo discloses that it is known in the art that the inlet and outlet can be positioned on either the same or different sides (Artamo, Paragraph 6). The resultant combination would have resulted in duplicate lids and bottoms for each side of the heat exchanger.
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Figure B. Shell and tube heat exchanger, adapted from Figure 1 in Artamo
Claims 8 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kominami et al (US Patent Application No. US 2016/0069588 A1), hereinafter Kominami, in view of Horsma et al (US Patent No. 4,177,376), hereinafter Horsma.
Regarding Claims 8 and 19, Kominami teaches the at least one heating element is a PTC heating element (18; Paragraph 3), but does not explicitly disclose the PTC heating element comprises at least one PTC stone, two electrically conductive contact plates and two dielectric insulating plates, the at least one PTC stone is arranged between the two contact plates and contacted with the two contact plates in an electrically conductive manner, and the two insulating plates are arranged on the two contact plates facing away from the at least one PTC stone.
However, Horsma teaches the PTC heating element comprises at least one PTC stone (49), two electrically conductive contact plates (50) and two dielectric insulating plates (53), the at least one PTC stone is arranged between the two contact plates and contacted with the two contact plates in an electrically conductive manner, and the two insulating plates are arranged on the two contact plates facing away from the at least one PTC stone (Col. 16, Ln. 16-31; Figure 15).
Kominami and Horsma are considered to be analogous to the claimed invention because they all are in the same field of heater/heating device. Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating element of Kominami to incorporate the teachings of Horsma in order to “to provide a design for a self-regulating heating article” (Horsma, Col. 7, Ln. 64-65), and would have obtained the predictable result as in the claimed invention.
Claims 9-11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kominami et al (US Patent Application No. US 2016/0069588 A1), hereinafter Kominami, in view of Ellenberger (U.S. Patent No. 3,737,624).
Regarding Claims 9 and 20, Kominami does not explicitly disclose that at least one heating element is a TFR heating element, the TFR heating element comprises a substrate, a single-layer or multi- layer first dielectric insulation layer, a resistance track and a single-layer or multi-layer second dielectric insulation layer, and the first insulation layer is applied to the substrate, the resistance track to the first insulation layer and the second insulation layer to the resistance track.
However, Ellenberger teaches that at least one heating element is a TFR heating element, the TFR heating element comprises a substrate (22), a single-layer or multi- layer first dielectric insulation layer (24), a resistance track (12) and a single-layer or multi-layer second dielectric insulation layer (24), and the first insulation layer is applied to the substrate, the resistance track to the first insulation layer and the second insulation layer to the resistance track (Figure 2a; Col. 5, Ln. 26-39).
Kominami and Ellenberger are considered to be analogous to the claimed invention because they all are in the same field of heater/heating device. Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating element of Kominami to incorporate the teachings of Ellenberger simply by applying the alternative heating element because applying the alternative heating element is “simple substitution of one known element for another to obtain predictable results.” MPEP 2143(B).
Regarding Claim 10, which is a dependent claim of Claim 9, Kominami does not explicitly teach the substrate of the TFR heating element is provided at least one of the two flat tubes.
However, Ellenberger teaches the substrate (22) of the TFR heating element (Figure 1) is provided at least one of the two flat tubes.
Kominami and Ellenberger are considered to be analogous to the claimed invention because they all are in the same field of heater/heating device. Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating element of Kominami to incorporate the teachings of Ellenberger simply by applying the alternative heating element because applying the alternative heating element is “simple substitution of one known element for another to obtain predictable results.” MPEP 2143(B).
Regarding Claim 11, Kominami does not explicitly disclose that the at least one heating element is a film heating element, the film heating element comprises a first dielectric insulation film, a resistance track and a second dielectric insulation film, and the resistance track is arranged between the first insulation layer and the second insulation layer.
However, Ellenberger teaches that the at least one heating element is a film heating element, the film heating element comprises a first dielectric insulation film (24), a resistance track (12) and a second dielectric insulation film (24), and the resistance track is arranged between the first insulation layer and the second insulation layer (Figure 2a; Col. 5, Ln. 26-39).
Kominami and Ellenberger are considered to be analogous to the claimed invention because they all are in the same field of heater/heating device. Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating element of Kominami to incorporate the teachings of Ellenberger simply by applying the alternative heating element because applying the alternative heating element is “simple substitution of one known element for another to obtain predictable results.” MPEP 2143(B).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JE HWAN JOHN PARK whose telephone number is (571)272-6405. The examiner can normally be reached Monday-Friday 9AM-5PM.
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 at 571-272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.J.P./Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761