DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the width, in claim 1, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 240. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
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, 2 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the first embodiment in Fig. 1 of Schlipf (DE 202020102066). For the purpose of examination, the examiner refers to US 20210324886, which is the U.S. published application corresponding to DE 202020102066.
Regarding claim 1, Schlipf discloses, in Fig. 1, an electric heater (100, “electric heater”, paragraph 66) with an axial opening for holding an object to be heated (abstract: “with an axial opening for holding an object to be heated”), the electric heater (100) comprising:
an electric heating element (paragraph 67: “In the interior space defined by these sleeve or boundary surfaces, the electric heating element not visible in the figures is embedded”);
a clamping sleeve (110, paragraph 67, “clamping sleeve”) for generating an adjustable, radial force acting in a direction toward a center axis of the axial opening (abstract: “the clamping device is rotatably mounted or can be rotatably mounted relative to the clamping sleeve about an axis of rotation perpendicular to the axis of the axial opening“),
wherein the clamping sleeve (110) is cut through by a groove (111, paragraph 67, “cut”) whose width (b, paragraph 69, “width”) can be changed by a clamping device (120, paragraph 68, “clamping device”) (abstract: “the clamping device changes the width of the cut”),
the clamping device (120) has a pin (123, paragraph 68, “engagement means”) that is perpendicular to the center axis (A, paragraph 67, “axis”) of the axial opening (Fig. 1 shows the engagement means 123 is perpendicular to the axis A) and is connected to the clamping sleeve (110) on a first side (shown in Fig. 1) of the groove (111) (the connection is shown in Fig. 1) and that the clamping device (120) further has a washer (121, paragraph 68, “disk”) that is arranged on the pin (123) and is supported in a radial direction (paragraph 68: “a disk 121 … is rotatable about the axis of rotation D”) of the washer (121) on a bearing (125, paragraph 68, “push-in pieces”) that is connected to the clamping sleeve (110) on a second side of the groove (111) (the connection is shown in Fig. 1) such that when the washer (121) is rotated, a position of the pin is shifted in space (paragraph 69: “If the disk 121 is turned in the clockwise direction…, the engagement means 123 slide along the wall section 126,” which the examiner interprets as “the position of the pin is shifted in space”).
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Fig. 1 of Schlipf
Regarding claim 2, Schlipf discloses, in Fig. 1, the electric heater (100) according to claim 1, wherein the washer (121) is eccentric or has an eccentric projection (Fig. 1 shows the disk 121 is eccentric).
Regarding claim 5, Schlipf discloses, in Fig. 1, the electric heater (100) according to claim 1, wherein the bearing (125, paragraph 68, “push-in pieces”) that supports the washer in a radial direction (Fig. 1d shows the push-in pieces 125 support the disk 121, and the bearing surface of the push-in pieces interfaces with the disk in a way that restrains radial movement) extends into the groove (Fig. 1b shows the push-in pieces 125 extend into the cut 111) starting from the first side of the groove (shown in Fig. 1).
Claims 1 and 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the third embodiment in Fig. 3 of Schlipf (DE 202020102066). For the purpose of examination, the examiner refers to US 20210324886, which is the U.S. published application corresponding to DE 202020102066.
Regarding claim 1, Schlipf discloses, in Fig. 3, an electric heater with an axial opening for holding an object to be heated (abstract: “An electric heater with an axial opening for holding an object to be heated”), the electric heater comprising:
an electric heating element (paragraph 8: “an electric heating element—preferably surrounding the axial opening”);
a clamping sleeve (310, paragraph 73, “clamping sleeve”) for generating an adjustable, radial force acting in a direction toward a center axis of the axial opening (abstract: “the clamping device is rotatably mounted or can be rotatably mounted relative to the clamping sleeve about an axis of rotation perpendicular to the axis of the axial opening“),
wherein the clamping sleeve (310) is cut through by a groove (311, paragraph 73, “cut”) whose width (b, annotated Fig. 3, “width”) can be changed by a clamping device (320, paragraph 73, “clamping device”) (abstract: “the clamping device changes the width of the cut”),
the clamping device (320) has a pin (323a, paragraph 74, “pin”) that is perpendicular to the center axis (A, annotated Fig. 3) of the axial opening (annotated Fig. 3 shows the pin 323a is perpendicular to the axis A) and is connected to the clamping sleeve (310) on a first side (shown in Fig. 3) of the groove (311) (the connection is shown in Fig. 3) and that the clamping device (320) further has a washer (321, paragraph 73, “disk”) that is arranged on the pin (323a) and is supported in a radial direction (Fig. 3b shows the axis of rotation D, about which the disk 321 is rotatable) of the washer (321) on a bearing (316, annotated Fig. 3) that is connected to the clamping sleeve (310) on a second side of the groove (311) (the connection is shown in Fig. 3) such that when the washer (321) is rotated, a position of the pin is shifted in space (the position of the pin 323a is shifted along the engagement means 314 as the disk 321 rotates).
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Fig. 3 of Schlipf, annotated
Regarding claim 6, Schlipf discloses, in Fig. 3, the electric heater according to claim 1, wherein
the pin (323a) that is perpendicular to (annotated Fig. 3) the center axis (A) of the axial opening is connected to the first side of the groove (the connection is shown in Fig. 3), an end of the pin is supported in an arm (323b & 323c; the examiner interprets the combination of the feedthrough section 323b and the projecting section 323c as “arm”; Fig. 3b shows the lower end of the pin 323a is supported on the structure comprising 323b and 323c) that is connected to the first side (the connection is shown in annotated Fig. 3) of the groove (311) and extends into (shown in Fig. 3) the groove (311).
Regarding claim 7, Schlipf discloses, in Fig. 3, the electric heater according to claim 6, wherein
the bearing (316, annotated Fig. 3) that supports the washer (321) in the radial direction has a mount or guide (314, paragraph 73, “engagement means”) for the arm (323b & 323c combined).
Regarding claim 8, Schlipf discloses, in Fig. 3, the electric heater according to claim 7, wherein
a bottom side (shown in annotated Fig. 3) of the bearing (316) that supports the washer (321) in the radial direction (Fig. 3) and a bottom side (shown in annotated Fig. 3) of the arm (323b & 323c combined) are located in a plane (shown in annotated Fig. 3b).
Claims 1, 3 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the fourth embodiment in Fig. 6 of Schlipf (DE 202020102066). For the purpose of examination, the examiner refers to US 20210324886, which is the U.S. published application corresponding to DE 202020102066.
Regarding claim 1, Schlipf discloses, in Fig. 6, an electric heater (600, paragraph 80, “electric heater”) with an axial opening for holding an object to be heated (abstract: “with an axial opening for holding an object to be heated”), the electric heater (600) comprising:
an electric heating element (paragraph 81: “electric heating element”);
a clamping sleeve (610, paragraph 81, “clamping sleeve”) for generating an adjustable, radial force acting in a direction toward a center axis of the axial opening (abstract: “the clamping device is rotatably mounted or can be rotatably mounted relative to the clamping sleeve about an axis of rotation perpendicular to the axis of the axial opening“),
wherein the clamping sleeve (610) is cut through by a groove (611, paragraph 81, “cut”) whose width (b, paragraph 85, “width”) can be changed by a clamping device (620, paragraph 82, “clamping device”; the examiner interprets an assembly comprising a disk 621, an arm 614, a pin 614c, a recess 619 and guide pins 618 along with 620 as “clamping device”) (abstract: “the clamping device changes the width of the cut”),
the clamping device (620) has a pin (614c, paragraph 84, “pin”) that is perpendicular to the center axis (A, paragraph 81, “axis”) of the axial opening (Fig. 6a) and is connected to the clamping sleeve (610) on a first side (shown in annotated Fig. 6a, on the lefthand side of the cut 611) of the groove (611) and that the clamping device (620) further has a washer (621, paragraph 82, “disk”) that is arranged on (Fig. 6c) the pin (614c) and is supported in a radial direction (shown in Figs. 6d & 6e, the arrow) of the washer (621) on a bearing (the examiner interprets the “bottom surface of recess” in annotated Fig. 6a as the “bearing”) that is connected to the clamping sleeve (610) on a second side (shown in annotated Fig. 6a, on the righthand side of the groove 611) of the groove (611) (Fig. 6d shows the connection between the washer and the clamping sleeve) such that when the washer (621) is rotated (Fig. 6d), a position of the pin is shifted in space (paragraph 85: “when the disk 621 rotates … the position of the pin 614c from the cut 611 is changed, … , which leads to a reduction of the width b of the cut 611”).
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Fig. 6 of Schlipf, annotated
Regarding claim 3, Schlipf discloses, in Fig. 6, the electric heater (600) according to claim 1, wherein the clamping device (620) has a tool mount (622, paragraph 82, “tool fitting”) located on an axis of rotation of the washer (621) (Fig. 6d).
Regarding claim 4, Schlipf discloses, in Fig. 6, the electric heater (600) according to claim 1, wherein the clamping sleeve (610) has a recess (619, paragraph 82, “recess”) in which the clamping device (620) is arranged at least in some sections (paragraph 82: “The clamping device 620… has a disk 621… arranged in the recess 619”).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Schlipf (DE 202020102066), in view of Ohse et al. (US 20210388934) hereinafter Ohse. For the purpose of examination, the examiner refers to US 20210324886, which is the U.S. published application corresponding to DE 202020102066.
Regarding claim 9, which is a dependent claim of claim 1, Schlipf teaches, in Fig. 1, 3, 6, the clamping sleeve (110) surrounds the electric heating element (“electric heating element”; paragraph 67: “In the interior space defined by these sleeve or boundary surfaces, the electric heating element not visible in the figures is embedded… and arranged electrically insulated from the sleeve or boundary surfaces”), but does not explicitly teach a heat-insulating layer is arranged between the clamping sleeve and the electric heating element.
However, Ohse teaches, in Fig. 3B, an electric heater (abstract: “modular heater assembly”), wherein, a heat-insulating layer (40, paragraph 49, “thermal insulation member”) is arranged to surround the electric heating element (17, paragraph 49, “electric heater”).
Schlipf and Ohse are considered to be analogous to the claimed invention because they are in the same field of cylindrical heater assemblies. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have an arrangement of the heat-insulating layer and the electric heating element as taught by Ohse under the clamping sleeve taught by Schlipf, in order to “reduce heat loss to the surrounding environment.” Ohse, paragraph 4.
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Fig. 3B of Ohse
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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/JE HWAN JOHN PARK/Examiner, Art Unit 3761
/HELENA KOSANOVIC/Supervisory Patent Examiner,
Art Unit 3761