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
Claims 25-31 are objected to because of the following informalities:
Claim 25 recites “the pair of second electrode parts” which lacks proper antecedence and the limitation should be “the pair of second electrodes” to be consistent with claim 23.
Claim 25 recites “the first inner track and the second inner track” which should be “the pair of first inner tracks and the pair of second inner tracks” or “a first inner track of the pair of first inner tracks and a second inner track of the pair of second inner tracks.”
Claims 27-28 similarly refer to the first and second inner track in isolation from the pair of inner tracks claimed. As such, claims 27-28 should be amended to be consistent.
Claim 27 recites “the pair of second electrode parts” which lacks proper antecedence and the limitation should be “the pair of second electrodes” to be consistent with claim 23.
Claim 29 recites “the pair of first electrode parts” which lacks proper antecedence and the limitation should be “the pair of first electrodes” to be consistent with claim 23.
Claim 30 inherits the above deficiency as a result of depending from claim 29.
Claim 31 recites “the pair of second electrode parts” which lacks proper antecedence and the limitation should be “the pair of second electrodes” to be consistent with claim 23.
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 23-40 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 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.
Claim 23 recites, in relevant part, “the pair of second electrodes is located further inside than an outer track located at an innermost side of the plurality of outer tracks of the outer pattern part,” which creates confusion as the phrase “further inside” is unclear. It is understood that the intention is to describe the position of the pair of second electrodes relative to an innermost outer track. However, the phrase “further inside” creates confusion as to where the pair of second electrodes are positioned. In other words, the pair of second electrodes are located further inside what? The Examiner recommends clarifying the intended cooperative relationship by, for instance, amending the limitation to “the pair of second electrodes is located closer to a center of the arc shape of the plurality of inner tracks than an outer track located at an innermost side of the plurality of outer tracks of the outer pattern part,” or words to that effect.
Claim 24 depends from claim 23 and, therefore, inherit the above deficiency
Claim 25 recites, in relevant part, the inner pattern part including a pair of first inner tracks and a pair of second inner tracks “located inside the first inner track,” which creates confusion as to whether the pair of second inner tracks are located inside the pair of first inner tracks or one track of the pair of first inner tracks.
Claim 26-28 depend from claim 25 and, therefore, inherit the above deficiency.
Claims 27 and 28 similarly recite a pair of third inner tracks being located inside the second inner track, which similar to claim 25, creates confusion as to whether the claim should be understood to mean that the pair of third inner tracks are located inside a second inner track of the pair of second inner tracks or located inside the pair of second inner tracks.
Claim 29 recites, in relevant part, the outer pattern part including a pair of first outer tracks and a pair of second outer tracks “located inside the first outer track,” which creates confusion as to whether the pair of second outer tracks are located inside the pair of first outer tracks or one track of the pair of first outer tracks.
Claim 29 recites “a distance between the pair of second inner bridges” which lacks proper antecedent basis and it is unclear what pair of second inner bridges is being referenced. Claim 23, from which claim 29 directly depends, makes no mention of a pair of second inner bridges.
Claim 30 depends from claim 29 and inherits the above deficiency.
Claim 31 recites a pair of second inner tracks being located inside the first inner track, which creates confusion as to whether the claim should be understood to mean that the pair of second inner tracks are located inside a first inner track of the pair of first inner tracks or located inside the pair of first inner tracks.
Claims 32-40 are identical. Aside from depending from a cancelled claim, each of claims 32-40 recite an electrical heating apparatus including the electric heater. These claims do not recite any other limitation. As such, it is unclear in what way, if any, claims 32-40 are to further define or limit the subject matter from the preceding claims. Assuming, for instance, that claims 32-40 depend from independent claim 23. Claim 23 recites the structure of the claimed electric heater. It is unclear in what way “an electric heating apparatus” is intended to further define or limit the subject matter of claim 23.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 32-40 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 32-40 depend from claims 1-9, respectively. Claims 1-9 are cancelled. Accordingly, claims 32-40 are improper dependent form. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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)(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.
Claim(s) 23-26 and 32-35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US2010/0193502).
Regarding claim 23, Kim teaches an electric heater (Title and Fig. 3) comprising:
a substrate (51);
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Fig. 3 of Kim (annotated)
an outer pattern part disposed on one surface of the substrate (51), the outer pattern part including a plurality of outer tracks having an arc shape and a plurality of outer bridges connecting the plurality of outer tracks in series (as shown in Fig. 3 above, the outer pattern part is taken as the outer tracks of concentric circles that are connected via curved bridge portions);
an inner pattern part disposed on the one surface of the substrate (51) so as to be located such that the outer pattern part surrounds the inner pattern part, the inner pattern part including a plurality of inner tracks having an arc shape and a plurality of inner bridges connecting the plurality of inner tracks in series (as shown in Fig. 3 above, the inner pattern part is taken as the inner tracks of concentric circles that are connected via curved bridge portions such that the outer pattern part concentrically surrounds the inner pattern part);
a pair of first electrodes connected to an outer track located at an outermost side of the plurality of outer tracks (as shown above, the electrodes are taken as the portion of 71 that directly connects to the tracks) [Note: the claim, under broadest reasonable interpretation, requires the first electrodes to be connected to an outer track and that the outer track is located at an outermost side of the plurality of outer tracks. The claim is not limited to, nor requires, the first electrodes to be, themselves, located at an outermost side of the plurality of tracks. Rather, as shown in Kim, the first electrodes are connected, directly or indirectly, to each track of the outer tracks and, as such, are connected to an outer track that is located at an outermost side of the plurality of outer tracks); and
a pair of second electrodes connected to an inner track located at an outermost side of the plurality of inner tracks (as shown above, the electrodes are taken as the portion of 71 that directly connects to the tracks) [See also discussion above regarding interpretation of the location of the electrodes),
wherein the pair of second electrodes is located further inside than an outer track located at an innermost side of the plurality of outer tracks of the outer pattern part (see annotated Figure 3 above. The second electrodes, connected to the inner tracks, is located further inside the concentric circles of the outer and inner tracks such that they are located within the circle defined by the innermost track of the outer tracks).
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Fig. 3 of Kim (annotated)
Regarding claim 24, Kim teaches the claimed invention, as applied in claim 23, including wherein the pair of second electrodes face between a pair of inner bridges of the inner pattern part facing each other (as shown above, the second electrodes face each other between a pair of inner bridges facing each other; which is similar to the arrangement shown in Fig. 4 of the instant application with electrodes 69A/B face each other between a pair of inner bridges 62).
Regarding claim 25, Kim teaches the claimed invention, as applied in claim 23, including wherein the inner pattern part includes: a pair of first inner tracks having an arc shape and to which the pair of second electrode parts are connected, respectively (plurality of inner tracks each defining or having an arc shape that are connected to the second electrodes, either directly or indirectly); a pair of second inner tracks having an arc shape, respectively located inside the first inner track (concentrically positioned tracks), and spaced apart from the first inner track (spacing between adjacent tracks); and a pair of first inner bridges respectively connecting the first inner track and the second inner track in series (inner bridges shown in the above annotated Fig.).
Regarding claim 26, Kim teaches the claimed invention, as applied in claim 25, including wherein a gap between the first inner track and the second inner track is constant (spacing between adjacent tracks is shown being constant).
Claims 32-35 defined as depending from claims 1-4, respectively. Aside for the above indicated issues detailed under the 35 USC 112 heading, for the purposes of examination claims 32-35 are interpreted to depend from claims 23-26, respectively.
Kim, as detailed above, teaches the electric heater and an electric heating apparatus including the heater (i.e., cooktop for heating a cooking utensil).
Claim Rejections - 35 USC § 103
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) 27-30 and 36-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Okajima (US 2003/0075537).
Regarding claim 27, Kim teaches the claimed invention, as applied in claim 25, including
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Fig. 3 of Kim (annotated)
wherein the inner pattern part further includes: a pair of third inner tracks having an arc shape, respectively located inside the second inner track, and spaced apart from the second inner track (third inner track taken as any one of the tracks that toward the center of the inner pattern part); and a pair of second inner bridges respectively connecting the second inner track and the third inner track to each other in series (as shown above).
Kim is silent on wherein the pair of second electrode parts face between the pair of second inner bridges.
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Figure 1 of Okajima (annotated)
Okajima relates to a planar heating element (Abstract; Fig. 1) that includes a substrate (2) an outer pattern part (3) and an inner pattern part (4) connected to respective electrode pairs (6A/7) with the outer pattern part and inner pattern part including connecting bridges (portions that connect adjacent concentrically positioned tracks indicated by the annotated arrows).
Okajima teaches wherein the pair of second electrode parts face between the pair of second inner bridges (as shown above the electrode pairs face between the inner bridge).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Kim with Okajima, by modifying the placement of the second electrode, with the electrodes facing between the second inner bridges taught by Okajima, for in doing so would merely shift the position of the electrode pair relative to the inner bridges of the inner pattern part, which would not have modified the operation of the heating device. See MPEP 2144.04-VI-C.
Regarding claim 28, Kim teaches the claimed invention, as applied in claim 27, including
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Fig. 3 of Kim (annotated)
wherein the inner pattern part further includes: a pair of third inner tracks having an arc shape, respectively located inside the second inner track, and spaced apart from the second inner track (third inner track taken as any one of the tracks that toward the center of the inner pattern part); and a pair of second inner bridges respectively connecting the second inner track and the third inner track to each other in series (as shown above).
Kim is silent on wherein a distance between the pair of second inner bridges is wider than a distance between the pair of first inner bridges.
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Figure 1 of Okajima (annotated)
Okajima relates to a planar heating element (Abstract; Fig. 1) that includes a substrate (2) an outer pattern part (3) and an inner pattern part (4) connected to respective electrode pairs (6A/7) with the outer pattern part and inner pattern part including connecting bridges (portions that connect adjacent concentrically positioned tracks indicated by the annotated arrows).
Okajima teaches wherein a distance between the pair of second inner bridges is wider than a distance between the pair of first inner bridges. (as shown above the spacing between the lower annotated inner bridges is wider than the upper annotated inner bridges).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Kim with Okajima, by modifying the placement of the distance between opposing bridges of Kim, with the distance between the pair of second inner bridges being wider than the distance between the pair of first inner bridges taught by Okajima, for in doing so would amount to a change in shape of the inner pattern part, which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration was significant. See MPEP 2144.04-IV. Additionally, having the distance between the pair of second inner bridges being wider than the distance between the pair of first inner bridges would amount to merely shifting the second inner bridges, relative to the first inner bridges, which would not have modified the operation of the heating device. See MPEP 2144.04-VI-C.
Regarding claim 29, Kim teaches the claimed invention, as applied in claim 23, including
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Fig. 3 of Kim (annotated)
wherein the outer pattern part includes: a pair of first outer tracks having an arc shape and to which the pair of first electrode parts are connected, respectively; a pair of second outer tracks having an arc shape, respectively located inside the first outer track (defined by the concentrically arranged tracks of the outer pattern part), and spaced apart from the first outer track (spacing between adjacent tracks); and a pair of first outer bridges respectively connecting the first outer track and the second outer track to each other in series (as shown above),
Kim is silent on wherein a distance between the pair of second inner bridges is wider than a distance between the pair of first outer bridges.
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Figure 1 of Okajima (annotated)
Okajima relates to a planar heating element (Abstract; Fig. 1) that includes a substrate (2) an outer pattern part (3) and an inner pattern part (4) connected to respective electrode pairs (6A/7) with the outer pattern part and inner pattern part including connecting bridges (portions that connect adjacent concentrically positioned tracks indicated by the annotated arrows).
Okajima teaches wherein a distance between the pair of second inner bridges is wider than a distance between the pair of first outer bridges. (as shown above the spacing between the annotated inner bridges is wider than the annotated outer bridges).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Kim with Okajima, by modifying the placement of the distance between opposing bridges of Kim, with the distance between the pair of second inner bridges being wider than the distance between the pair of first outer bridges taught by Okajima, for in doing so would amount to a change in shape of the inner pattern part, which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration was significant. See MPEP 2144.04-IV. Additionally, having the distance between the pair of second inner bridges being wider than the distance between the pair of first inner bridges would amount to merely shifting the second inner bridges, relative to the first inner bridges, which would not have modified the operation of the heating device. See MPEP 2144.04-VI-C.
Regarding claim 30, the combination teaches the claimed invention, as applied in claim 29, and further teaches [Kim] wherein a width of a first outer track and a second outer track is different from that of a first inner track, a second inner track, and a third inner track (the diameter defined by the outer tracks of the outer pattern part is larger than a diameter defined by the inner tracks of the inner pattern part. As such, the first and second outer track of the outer pattern part is wider, individually, than the first, second and third inner track, individually.).
Claims 36-39 defined as depending from claims 5-8, respectively. Aside for the above indicated issues detailed under the 35 USC 112 heading, for the purposes of examination claims 36-39 are interpreted to depend from claims 27-30, respectively.
Kim, as detailed above, teaches the electric heater and an electric heating apparatus including the heater (i.e., cooktop for heating a cooking utensil).
Claim(s) 31 and 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Okajima (US 2003/0075537).
Regarding claim 31, the combination teaches substantially the claimed invention, as applied in claim 30, including [Kim] wherein the inner pattern part includes: a pair of first inner tracks having an arc shape and to which the pair of second electrode parts are connected, respectively (plurality of inner tracks each defining or having an arc shape that are connected to the second electrodes, either directly or indirectly); a pair of second inner tracks having an arc shape, respectively located inside the first inner track (concentrically positioned tracks), and spaced apart from the first inner track (spacing between adjacent tracks); and a pair of first inner bridges respectively connecting the first inner track and the second inner track in series (inner bridges shown in the above annotated Fig.).
Kim is silent on wherein a gap between the first inner track and the outer pattern part is varied along a length direction of the outer pattern part.
Kim teaches an alternative embodiment (Fig. 8) wherein a gap between the first inner track (inner track of inner heating portion 351) and the outer pattern part (320) is varied along a length direction of the outer pattern part (as shown in Fig. 8, the outer pattern part has a variable pattern defining an overall arc shape. This variable pattern creates variable gap between the inner track of 351 and outer pattern part 320).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Kim with Okajima, by modifying the shape of the outer pattern part of Kim (Fig. 3), with that of Kim (Fig. 8) for in doing so would amount to a change in shape of the outer pattern part, which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration was significant. See MPEP 2144.04-IV.
Claim 40 is defined as depending from claim 9. Aside for the above indicated issues detailed under the 35 USC 112 heading, for the purposes of examination claim 40 is interpreted to depend from claim 31.
Kim, as detailed above, teaches the electric heater and an electric heating apparatus including the heater (i.e., cooktop for heating a cooking utensil).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN C DODSON whose telephone number is (571)270-0529. The examiner can normally be reached Mon.-Fri. 1:00-9:00 PM (ET).
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/JUSTIN C DODSON/Primary Examiner, Art Unit 3761