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
Claim 4 is objected to because of the following informalities: in line 3, after the word “direction” there should be a semi colon “;” instead of the colon “:”. 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 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.
In claim 1, the limitation “housing” in line 28, it is unclear if it is the same electrically conductive control housing recited in lines 17-18, or if it is another housing.
In claim 1, the limitation “wherein the heating device has an electrically conductive conductor arrangement which electrically connects the respective outer shell to the housing; wherein the conductor arrangement comprises a rail which runs in the transverse direction and is distanced to the outer shells; wherein the rail is electrically and mechanically connected to the bottom; and wherein the conductor arrangement for the respective outer shell comprises at least one associated arm which protrudes from the rail and is electrically and mechanically connected to the associated outer shell” is unclear if it is claiming more than one electrically conductor arrangements, each comprising a rail and an arm connected to each of the outer shells, or one electrically conductor arrangement comprising a rail and a plurality of arms connected to the rail, wherein each arm is connected to each outer shell.
In claim 3, the limitation “wherein at least one of the arms is arranged, on an associated outer side wall of the outer shell” is unclear because there is no previous recitation of more than one arm.
In claim 5, the limitation “wherein at least one of the arms has a support section running in the longitudinal direction and a connecting section connecting the support section to the rail” is unclear because there is no previous recitation of more than one arm.
In claim 7, the limitation “wherein the support section is spaced transversely to the longitudinal direction and transversely to the transverse direction from the rail” is unclear what is being claim, “transversely to the transverse direction from the rail” what does that mean? For examination purposes, Examiner construes this limitation as “wherein the support section is spaced from the rail”.
In claim 8, the limitation “wherein at least one of the arms has, on the side of the support section facing away from the rail” is unclear because there is no previous recitation of more than one arm.
In claim 11, the limitation “wherein at least one of the arms is coated with a friction-resistant and conductive material” is unclear because there is no previous recitation of more than one arm.
In claim 12, the limitation “such that at least one of the at least one arms is mechanically loaded against the associated outer shell” is unclear because there is no previous recitation of more than one arm.
In claim 16, the limitation “wherein at least one of the arms is coated with silver” is unclear because there is no previous recitation of more than one arm.
In claim 19, the limitation “wherein at least one of the arms is configured as a spring element” is unclear because there is no previous recitation of more than one arm.
In claim 20, the limitation “wherein at least one of the arms is arranged on an associated outer side wall of the outer shell and is electrically connected to the side wall” is unclear because there is no previous recitation of more than one arm.
Claims 2, 4, 6, 9, 10, 13-15, 17 and 18 are rejected due to their dependency from claim 1.
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.
Claims 1, 9, 13-15, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Han (US 2005/0205552).
Regarding claim 1, Han teaches an electric heating device (Fig. 6) particular for a motor vehicle (para. 0004; 0012), comprising: a heating volume through which a flow path of a fluid leads (para. 0006-0007; as shown in Fig. 6); and wherein at least two spaced heating modules (combination of 120 and 121) are arranged in the heating volume which extend in a longitudinal direction and are spaced apart from one another in a transverse direction extending transversely to the longitudinal direction (para. 0138; as shown in Fig. 6-8, 15, 17 and 20-23); wherein each of the heating modules comprises at least one electrical heating element (120) which generates heat when electrically supplied so that the heating module heats the fluid (para. 00138; 0160); wherein each of the heating modules has an electrically conductive outer shell (121 comprising 123) which encloses the at least one heating element (as shown in Fig. 8, 15, 17 and 20-23); wherein each outer shell has two opposite outer walls in the transverse direction and two opposing side walls in a vertical direction extending transversely to the longitudinal direction and transversely to the transverse direction (as shown in Fig. 8); wherein the heating device further includes an electrically conductive control housing (combination of 170 and 190) which delimits a control volume (as shown in Fig. 7, 12, 14 and 23-25); wherein power electronics for electrically supplying the heating modules are arranged in the control volume (as shown in Fig. 7, 12, 14 and 23-25); wherein the housing has a bottom (170) which delimits the heating volume (as shown in Fig. 7, 12, 14 and 23-25); wherein the bottom for the respective heating module has a passage opening (173, 174) through which the heating module penetrates into the control volume in the longitudinal direction (as shown in Fig. 7, 12 and 23-25); wherein the heating modules in the control volume are electrically connected to the power electronics (para. 0172; 0177; 0179); wherein the heating device has an electrically conductive conductor arrangement (180) which electrically connects the respective outer shell to housing (para. 0177-0179); wherein the conductor arrangement comprises a rail (181) which runs in the transverse direction and is distanced to the outer shells (as shown in Fig. 7, 12 and 23); wherein the rail is electrically and mechanically connected to the bottom (as shown in Fig. 7, 12, 14, 23 and 24).
Han fails to disclose wherein the conductor arrangement for the respective outer shell comprises at least one associated arm which protrudes from the rail and is electrically and mechanically connected to the associated outer shell.
However, Han teaches wherein the outer shell comprises at least one associated arm (126, 200, 270) which protrudes from the outer shell and is electrically and mechanically connected to the conductor arrangement (126, 200 or 270 are the upper portions of 121 that connect to rail 181, of conductor arrangement 180, thru insertion holes 181a and connection to wire 300; as shown in Fig. 7, 12, 14, 23 and 24).
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 provide the connection arm in the conductor arrangement instead of in the outer shell since the applicant has not disclosed that doing so solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with the connection arm in the outer shell of Han.
Regarding claim 9, Han teaches the heating device according to claim 1, wherein the conductor arrangement is arranged in the heating volume (as shown in Fig. 7, 12, 14, 23 and 24) and electrically connects the respective outer shell in the heating volume to the bottom for electrically connecting the respective outer shell to the housing part (as shown in Fig. 7, 12, 14, 23 and 24).
Regarding claim 13, Han teaches the heating device according to claim 1, wherein the conductor arrangement is one piece part (Han; as shown in Fig. 7, 12 and 23).
Regarding claim 14, Han teaches a motor vehicle (para. 0032), comprising a heating device (Fig. 6) according to claim 1; wherein the control housing is electrically connected to an electrical found of the motor vehicle (para. 0032; 0158; 0179; 0187).
Regarding claim 15, Han teaches the heating device according to claim 1, wherein each of the heating modules has an electrically conductive outer shell (121; para. 0138), in particular an electrically conductive flat tube (para. 0077; 0138).
Regarding claim 17, Han teaches the heating device according to claim 1, wherein the conductor arrangement is a sheet-metal part (para. 0177).
Regarding claim 18, Han teaches the heating device according to claim 14, wherein the first housing part is electrically connected to an electrical ground of the motor vehicle (para. 0032; 0158; 0179; 0187).
Claims 2-8, 11, 12, 16, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Han (US 2005/0205552) in view of Angermann (DE 102004055523).
Regarding claim 2, Han teaches all the elements of the claimed invention as set forth above in claim 1, except for, wherein at least one of the arms is designed as a spring element which is mechanically loaded against the associated outer shell.
Angermann teaches a heating device (Fig. 6), wherein at least one of the arms (combination of 32 and 33) is designed as a spring element (para. 0069) which is mechanically loaded against the associated outer shell.
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 arms of Han, with Angermann, to provide a spring element as the arm, to ensure reliable contact (Angermann; para. 0069).
Regarding claim 3, Han teaches all the elements of the claimed invention as set forth above in claim 1, wherein at least one of the arms is on an associated outer side wall of the outer shell and is electrically connected to the side wall.
Angermann teaches a heating device (Fig. 6), wherein at least one of the arms (combination of 32 and 33) is on an associated outer side wall of the outer shell (outer shell of heating element 4) and is electrically connected to the side wall (sidewall of outer shell of heating element 4) (as shown in Fig. 6).
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 arms of Han, with Angermann, to provide the arm on the sidewall of the outer shell, to ensure reliable contact (Angermann; para. 0069).
Regarding claim 4, Han and Angermann combined teach all the elements of the claimed invention as set forth above in claim 3, except for, wherein the side wall has a fillet projecting in the vertical direction and extending in the longitudinal direction; and the arm has a formation complementary to the fillet, so that the fillet engages in the formation.
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 provide a fillet in the side wall of the outer shell and a projection in the arm that engages with the fillet since the applicant has not disclosed that doing so solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with the flat connection between the surfaces of the arm and outer shell of Han/Angermann.
Regarding claim 5, Han teaches all the elements of the claimed invention as set forth above in claim 1, except for, wherein at least one of the arms has a support section running in the longitudinal direction and a connecting section connecting the support section to the rail; the support section rests on an associated outer wall of the corresponding outer shell; and the connecting portion extends inclined to the transverse direction in the direction of the associated outer wall and thus mechanically loads the supporting portion in the transverse direction against the associated outer wall.
Angermann teaches a heating device (Fig. 6), wherein at least one of the arms (combination of 32 and 33) has a support section (33) running in the longitudinal direction (as shown in Fig. 6) and a connecting section (32) connecting the support section to the rail (32a, 34) (as shown in Fig. 6); the support section rests on an associated outer wall (outer wall of heating element 4) of the corresponding outer shell (as shown in Fig. 6); and the connecting portion extends inclined to the transverse direction in the direction of the associated outer wall (as shown in Fig. 6) and thus mechanically loads the supporting portion in the transverse direction against the associated outer wall (as shown in Fig. 6).
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 arms of Han, with Angermann, by providing a support section running in the longitudinal direction and a connecting section connecting the support section to the rail; the support section rests on an associated outer wall of the corresponding outer shell; and the connecting portion extends inclined to the transverse direction in the direction of the associated outer wall and thus mechanically loads the supporting portion in the transverse direction against the associated outer wall, to ensure reliable contact (Angermann; para. 0069).
Regarding claim 6, Han and Angermann combined teach all the elements of the claimed invention as set forth above in claim 3, except for, wherein the conductor arrangement comprises one such arm each for both outer walls of at least one of the outer shells.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide one arm for both outer walls of the outer shell, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.
Regarding claim 7, Han and Angermann combined teach the heating device according to claim 5, wherein the support section is spaced from the rail (Angermann; as shown in Fig. 6).
Regarding claim 8, Han and Angermann combined teach the heating device according to claim 5, wherein at least one of the arms has, on the side of the support section facing away from the rail, a tongue which is bent outwards with respect to the associated outer wall (Angermann; as shown in Fig. 6).
Regarding claim 11, Han teaches all the elements of the claimed invention as set forth above in claim 1, except for, wherein at least one of the arms is coated with a friction-resistant and conductive material, on its side facing the associated outer shell.
Angermann teaches a heating device (Fig. 6) wherein at least one of the arms (combination of 32 and 33) is coated with a friction-resistant and conductive material (silver; para. 0070), on its side facing the associated outer shell (contact tabs 33 are silver plated; para. 0070; as shown in Fig. 6).
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 arm of Han, with Angermann, by coating the arm with silver, to improve conductivity (Angermann; para. 0070).
Regarding claim 12, Han teaches all the elements of the claimed invention as set forth above in claim 1, except for, wherein the conductor arrangement comprises at least one lug element which protrudes from the rail and is mechanically loaded against the bottom, such that at least one of the at least one arms is mechanically loaded against the associated outer shell.
Angermann teaches a heating device (Fig. 6), wherein the conductor arrangement (combination of 31, 32a, 32, 33 and 34) comprises at least one lug element (33) which protrudes from the rail (32a) and is mechanically loaded against the bottom (as shown in Fig. 6), such that at least one of the at least one arms (combination of 32 and 33) is mechanically loaded against the associated outer shell (outer shell of heating element 4) (as shown in Fig. 6).
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 conductor arrangement of Han, with Angermann, by providing at least one lug element which protrudes from the rail and is mechanically loaded against the bottom, such that at least one of the at least one arms is mechanically loaded against the associated outer shell, to ensure reliable contact (Angermann; para. 0069).
Regarding claim 16, Han teaches all the elements of the claimed invention as set forth above in claim 1, except for, wherein at least one of the arms is coated with silver.
Angermann teaches a heating device (Fig. 6), wherein at least one of the arms is coated with silver (para. 0070).
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 arm of Han, with Angermann, by coating the arm with silver, to improve conductivity (Angermann; para. 0070).
Regarding claim 19, Han teaches all the elements of the claimed invention as set forth above in claim 14, except for, wherein at least one of the arms is configured as a spring element.
Angermann teaches a heating device (Fig. 6), wherein at least one of the arms (combination of 32 and 33) is configured as a spring element (para. 0069).
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 arms of Han, with Angermann, to provide a spring element as the arm, to ensure reliable contact (Angermann; para. 0069).
Regarding claim 20, Han teaches all the elements of the claimed invention as set forth above in claim 14, except for, wherein at least one of the arms is arranged on an associated outer side wall of the outer shell and is electrically connected to the side wall.
Angermann teaches a heating device (Fig. 6), wherein at least one of the arms (combination of 32 and 33) is arranged on an associated outer side wall of the outer shell (side wall of outer shell of heating element 4) and is electrically connected to the side wall (as shown in Fig. 6).
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 arms of Han, with Angermann, to provide the arm on the sidewall of the outer shell, to ensure reliable contact (Angermann; para. 0069).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Han (US 2005/0205552) in view of Gschwind (DE 102017221490).
Regarding claim 10, Han teaches all the elements of the claimed invention as set forth above in claim 1, wherein in the respective passage opening an insulating sealing arrangement fluidically seals the control volume with respect to the heating volume.
Gschwind teaches a heating device (Fig. 1), wherein in the respective passage opening (64) an insulating sealing arrangement (34; para. 0032; 0036) fluidically seals the control volume with respect to the heating volume (as shown in Fig. 7).
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 device of Han, with Gschwind, by providing an insulating sealing arrangement in the passage opening of the housing, to provide solid fluid seal (Gschwind; para. 0036).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 11,516,885, US 2020/0171920 and US 2011/0068099.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBA T ROSARIO-APONTE whose telephone number is (571)272-9325. The examiner can normally be reached M to F; 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALBA T ROSARIO-APONTE/Examiner, Art Unit 3761 07/25/2026
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761
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