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 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.
Claim(s) 1-5, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thimm et al (US 7,569,798). Regarding claim 1, Thimm discloses temperature sensor based on resistance measurement and radiant heater with such a temperature sensor comprising a base (26); and an electrically conductive heating element (28) provided on the base to define a circular shape (Figures 3-6), the electrically conductive heating element (28) provided on the base in a pattern that maximizes uniformity of heat distribution from the electrically conductive heating element. Regarding claim 2, Thimm discloses the electrically conductive heating element (28) comprises a plurality of adjacent traces, and wherein the uniformity of heat distribution from the electrically conductive heating element (28) is maximized by minimizing a spacing between the plurality of adjacent traces (Figures 3-6). Regarding claims 3-4, Thimm discloses a thickness of the electrically conductive heating element (28) is optimized to minimize the thickness while maintaining a pre-defined sensor resistance; wherein the thickness of the electrically conductive heating element (28) is substantially uniform (Figures 3-6). Regarding claim 5, Thimm discloses a ratio of the electrically conductive heating element (28) to a surface of the base is substantially uniform across the base (26, Figure 4). Regarding claim 20, Thimm discloses the sensor for measuring thermalphysical properties of a sample material (col. 4, liens 34-38).
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.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thimm et al (US 7,569,798), in view of Panaghe (US 2005/0002659). Regarding claim 6, Thimm discloses substantially all features of the claimed invention including the electrically conduction heating element (28) comprises a circular striped portion, but does not disclose a plurality of heating element strips spaced apart in a first direction and extending in parallel in a second direction perpendicular to the first direction, wherein interior heating element strips are each coupled to respective adjacent heating element strips at respective ends thereof. Panaghe discloses electrically conductive heating element (5) comprises a plurality of heating element strips spaced apart in a first direction and extending in parallel in a second direction perpendicular to the first direction, wherein interior heating element strips are each coupled to respective adjacent heating element strips at respective ends thereof (Figure 1). It would have been obvious to one ordinary skill in the art before the effective filing date of the invention was made to utilize in Thimm a plurality of heating element strips spaced apart in a first direction and extending in parallel in a second direction perpendicular to the first direction, wherein interior heating element strips are each coupled to respective adjacent heating element strips at respective ends thereof as taught by Panaghe in order to uniform of heat distribution throughout the surface of the base. Regarding claim 7, Panaghe inherently discloses first (1) and second (1) electrical leads coupled to the electrically conductive heating element (5), wherein first and second heating element strips at respective sides in the first direction are respectively coupled to the first and second electrical leads at first ends thereof and are each coupled to a respective adjacent heating element strip at second ends thereof (Figure 1). Regarding claim 15, Panaghe discloses the electrically conductive heating element (5) is etched onto the base at terminals (1). Regarding claim 16, Panaghe discloses the electrically conductive heating element (5) is made of nickel or platinum (par. 0029).
Claim(s) 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thimm et al (US 7,569,798), in view of Schilling et al (US 6,552,307). Regarding claim 17, Thimm discloses substantially all features of the claimed invention except the base is made of an electrical insulating material. Schilling discloses a base (17) is made of an electrical insulating material (col. 5, lines 38-40). It would have been obvious to one ordinary skill in the art before the effective filing date of the invention was made to utilize in Thimm base is made of an electrical insulating material as taught by Schilling in order to insulate the conductive element from other electrical parts. Regarding claims18-19, Schilling discloses a cover (16) bonded to the base (17) to secure the electrically conductive heating element in place, wherein the cover (16) is made of an electrical insulating material ( col. 5, lines 38-40).
Claims 8-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not show or suggest the electrically conductive heating element further comprises an outer circular portion coupled to the first electrical lead, and wherein the first end of the first heating element strip is coupled to the outer circular portion as recited in claims 8-14.
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/QUANG T VAN/Primary Examiner, Art Unit 3761 December 1, 2025