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 .
Response to Amendment/Arguments
Applicant's amendment filed on 8/26/2026 has been entered.
Claims 1, 3, 9, and 14-19 have been amended.
Claims 2, 4-8, and 10-11 are as previously presented.
Claims 12-13 have been canceled.
The previous 6/5/2026 objection to the specification has been withdrawn.
The previous objections to claim 9, claim 13, and claim 15 have been withdrawn.
Applicant’s amendment overcomes the previous rejection under 35 U.S.C. 112(b) of claims 1-19.
Claims 1-11 and 14-19 are still pending in this application, with claim 1 being independent.
Applicant’s arguments regarding amended claim 1 are not persuasive [pps. 8-13: “Applicant respectfully submits that claim 1, as amended, is not rendered obvious by the combination of Schlipf, Metz, and Mann for at least the following reasons.” ]. Regarding: “Firstly, Metz does not teach, disclose or suggest either alternative of claim 1's disjunctive feature requiring "preparing a plate-shaped or tube-shaped, electrically conductive body," and "machining the body to form a heating element blank" that can be inserted into a tubular metal housing…. Secondly, when manufacturing a heating cartridge, it is common practice to begin with a metal housing having a pre-compaction diameter intentionally larger, and a pre-compaction length intentionally shorter, than the desired finished dimensions. This general principle, applied to the metal housing, is consistent with what Mann discloses…” In response to applicant's argument “Applicant, accordingly, respectfully asserts Metz lacks the feature relied upon by the Examiner to modify Schilpf and respectfully requests that the Examiner reconsiders and withdraws any rejection of amended claim I because any combination of Schlipf in view of Metz lacks this claimed feature of amended claim 1… Mann does not disclose or suggest this targeted resistance change based on the change in shape of the blank… None of these figures or passages discloses or suggests a shape suitable for insertion into a tubular metal housing.”, “Mann is entirely silent as to the heating coil' s own resistance changing as a result of the coil's dimensional change and nowhere suggests that this change is a parameter to be specified, targeted, or controlled by the swaging step...”, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In this case, Schlipf has been presented as disclosing the final dimensions and ohmic resistivity of the tube shaped heating cartridge of claim 1, wherein Metz teaches that it is known that a heating conductor of the cartridge may be formed by known methods [thus suggesting the machining of base parts, e.g., by electro chemical machining, and the bending of base parts, e.g., winding wires, as evidenced by Metz, or by laser machining, as evidenced by Konishi, and swaging, as evidenced by Mann], and it would have been obvious to combine known manufacturing methods [e.g., machining, bending, swaging] to arrive at least at the final shape and dimensions of Schlipf’s heating cartridge since it is obvious to combine prior art elements according to known methods to yield predictable results. See MPEP 2143(A).
In response to applicant's arguments against the references individually [p. 13: “Giddings specifically teaches away from amended claim 1, taking affirmative steps to prevent alteration of the heating element dimensions rather than altering the dimensions to achieve a specified resistance.”; p. 13: “Applicant respectfully asserts McWilliams does not teach a swaging or compaction process at all, let alone alteration of the heating elements dimensions and resistance as a result of compacting the filled metal housing, as is claimed in amended claim 1.”], one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references [See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986)]; and the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references, rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art [See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981)]. In this case: Giddings was presented as teaching the corresponding additional limitations of dependent claims 11, 14, and 18 (wherein claims 15 and 17 further depend on claim 14, and claim 19 now depends on claim 1, and has been presented as also being rendered obvious by Sclipf, Metz, and Mann) i.e., ], and the predictable results therefrom [i.e., different heat zones…]; and McWilliams was presented as teaching the additional limitations of claim 16 [i.e., opposing surfaces of heating element face each other at different angles], and the predictable results therefrom [i.e., a known arrangement further reducing undesirable contact with the housing]; and it is obvious to combine prior art elements according to known methods to yield predictable results. See MPEP 2143(A).
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.
Claims 1-10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Schlipf (US 20070023418 A1) in view of Metz (US 20180007741 A1) and Mann (US 4112577 A).
Regarding claim 1,
Schlipf discloses:
A method for the production of a tube-shaped heating cartridge [fig. 4: cartridge heater 1] with an electrical heating element [heating coils 8, 9] lying within a metal housing [cylindrical tubular body 2; para. 0048: “The tubular body 2 consists of metal, preferably stainless steel. It may also consist of brass, copper or the like.”] of the heating cartridge and extending axially relative to a longitudinal axis of the heating cartridge [see fig. 4], wherein the heating cartridge has a specified geometric shape with a specified ohmic resistance [i.e., the compressed cartridge heater, being of the conventional electric type, has a particular shape and ohmic resistance so as to generate heat when supplied with electricity; paras. 0002-6], the method comprising:
[see fig. 4, showing the heating coils as a heating conductor path structure, having a first length and a first height before compacting, and terminal screws 7 as a first conductor path, the heating coils having ohmic resistance so as to generate heat when supplied with electricity; para. 0055: “It shall be pointed out here that the drawings show the cartridge heater 1 in the noncompressed state.”],
inserting the heating element blank into the metal housing, the metal housing having a second length and a second height, the metal housing having a tube-shape [see fig. 4, showing the body 2 having a second length and a second height, and a tube shape; para. 0080: “The cartridge heater is assembled in all embodiments shown such that the heating coils 8, 8', 9, 9' are first mounted with the respective terminal screws 7 and 7' fastened thereto on the insulating plates 10 and 10' in the manner shown in the drawing and are secured by the holding clamps 14 and 14' or 14". This premounted component is then inserted into the tubular body 2 and the remaining cavity is filled with the granulated insulating material from the open upper side.”],
filling the metal housing with an electrically insulating and compactable material [insulating material 13; para. 0054 “The cavity of the tubular body 2 between the bottom 3 and the closing disk 5 is filled with an insulating material (granulated insulating material) 13, which may consist of quartz sand or a metal oxide, especially magnesium oxide. A granular product consisting of heat-resistant plastic may also be used for this purpose.”], and
compacting the filled metal housing
for achieving the specified geometric shape [i.e., the target shape of the heater (heating element and housing)] and
[i.e., the final resistance of the heating element of the completed heater]
for shaping the metal housing to [i.e., after radial compaction, the metal housing height is reduced such that the openings 6 are reduced; para. 0080: “The closing disk 5 and 5' is then inserted into the upper end of the tubular body 2 and the tubular body is pressed radially from the outside such that not only does the granulated insulating material undergo intense compaction, but the passage openings 6 of the closing disk 5 and 5' are also reduced in size such that they are tightly in contact with the terminal screws 7 and 7'.”].
However, although Schlipf discloses heating coils and the compacting step, Schlipf does not disclose how the heating coils are formed prior to the assembly of the cartridge, or of any changes in length/height of the coils due to compacting, or of any change in length of the body due to compacting, specifically, Schlipf does not explicitly recite:
preparing a plate-shaped or tube-shaped, electrically conductive body,
machining the body to form a heating element blank with a heating element blank ohmic resistance such that a deformable heating conductor path structure is formed from the body, wherein the heating element blank has a first length and a first height and a first conductor path end,
compacting the filled metal housing
for shaping the heating element blank to a third length increased in comparison to the first length and a third height reduced relative to the first height thereby altering the heating element blank ohmic resistance to achieve the specified ohmic resistance and
for shaping the metal housing to a fourth length increased in comparison to the second length.
Metz, in the same field of endeavor, teaches that it is known in the art to have a method comprise:
preparing deformable base material [resistance heating material, i.e., the electrically conductive and the body deformable heating conductor path structure, e.g., plates, wires, tubes, rods, etc., having dimensions before shaping (a first length, a first height, a second length)]
to form a conductor [the advantageous shaping of a heater element into a desired shape, i.e., a machined/deformed base material (e.g., an electro chemically machined heating element blank / a wound heating conductor path structure, having corresponding dimensions after shaping (a third length, a third height, a fourth length), thereby altering the base material resistance to achieve the specified ohmic resistance of the altered base material; para. 0020: “In an alternative embodiment a plate of metal, for example aluminium, titanium or other valve metal, is coated on at least one side with a ceramic layer using plasma electrolytic oxidation, for example. Due to metal plate resistance its temperature increases when a current is applied. Also, a structure can be etched into the metal providing metal strips of metal having a relatively high resistance. The etching can be performed using electro chemical machining, for example.”] in electric heating assemblies [i.e., the conventional practice wherein the resulting ohmic resistance of the final prepared heating element is selected according to requirements of a given heating application; figs. 2A-2V ; para. 0008: “The heater element comprises a conductor that can be shaped as a plate, wire, foil, tube, foam, rod or any other suitable shape, which, in embodiments, is formed from a so-called resistance heating material.”; Metz evidencing that selection of material type and cross-sectional diameter of heating material are known result effective variables with regards to heater elements and ohmic resistance thereof; para. 0105].
Mann, in the same field of endeavor [col. 1, lines 35-55: “The present invention provides an improved heating construction and method of manufacture which reduces the above mentioned problems...”], teaches compacting a filled metal housing for shaping the housing and the heating coil [col. 1, lines 35-55: “…This is accomplished in part by eliminating the hot welding step and providing the required low resistance electrical connection by mechanical swaging of the sheath to a smaller diameter while the coil end turns are in engagement with the sheath. This action compresses both the sheath and the heating coil and causes cold working of their engaged portions under pressure…”] such that the length and the height (i.e., diameter) of both the housing and the coil are respectively increased and reduced [col. 6, lines 1-5: “swaging the heater assembly to reduce the diameter and extend the length of the sheath and interior heating coil to finished dimensions”; col. 3, lines 30-45: “The swaging operation deforms the outer sheath in a cold working process while compressing and extending the heating coil and surrounding insulation within the sheath. The tightly wound end portion 31 of the heating coil, which is in engagement with the sheath interior, is squeezed to a smaller diameter by the reduction in sheath diameter. This action causes the sheath material to flow partially around the coil wires as is best shown in FIG. 4.”].
Therefore, since it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to apply a known technique to a known device (method or product) ready for improvement to yield predictable results [MPEP 2143(D)], it would have been obvious to modify the method of Schlipf, such that the method comprises:
preparing a plate-shaped or tube-shaped, electrically conductive body, and machining the body to form a heating element blank with a heating element blank ohmic resistance such that a deformable heating conductor path structure is formed from the body, wherein the heating element blank has a first length and a first height and a first conductor path end, thereby altering the heating element blank ohmic resistance to achieve the specified ohmic resistance, as suggested by Metz [i.e., the final dimensions and final specified ohmic resistance of the heating coils of Sclipf can be formed from shaped base materials, e.g., machining/winding of blanks, plates, wires, tubes, etc.], because one of ordinary skill in the art would have been capable of applying this known technique to a known device (method, or product) that was ready for improvement and the results would have been predictable to one of ordinary skill in the art [i.e., predictable yielding a heating element with particular shape/resistivity]; and
compacting the filled metal housing for shaping the heating element blank to a third length increased in comparison to the first length and a third height reduced relative to the first height thereby altering the heating element blank ohmic resistance to achieve the specified ohmic resistance and for shaping the metal housing to a fourth length increased in comparison to the second length, as suggested by Mann, [i.e., the swaging of Mann applied to the base resistive material and housing of Schlipf and Metz, so as to achieve the final dimensions of the cartridge heater of Schlipf], because one of ordinary skill in the art would have been capable of applying this known technique to a known device (method, or product) that was ready for improvement and the results would have been predictable to one of ordinary skill in the art [i.e., predictable yielding a housing and heating element of a particular length and height].
Regarding claim 2, Schlipf in view of Metz and Mann discloses the method according to claim 1.
Schlipf further discloses:
wherein the metal housing is closed with a cover before the compacting step [Schlipf fig. 4: closing disk 5; para. 0080].
Regarding claim 3, Schlipf in view of Metz and Mann discloses the method according to claim 1.
Schlipf as modified by Metz further discloses:
wherein the electrically conductive body is plate-shaped, the heating conductor path structure being cut and bent about the longitudinal axis in a subsequent step to define the electrically conductive body [i.e., the plate shaped base material of Metz, machined and wound into Schlipf’s final arrangement before insertion].
Regarding claim 4, Schlipf in view of Metz and Mann discloses the method according to claim 1.
Schlipf further discloses:
wherein the first conductor path end is guided out of the metal housing on a face side [see Schlipf fig. 4, showing terminal screws 7 guided out on a face side].
Regarding claim 5, Schlipf in view of Metz and Mann discloses the method according to claim 1.
Schlipf as modified by Metz further discloses:
wherein the machining of the body for forming the heating element blank is carried out by one of the group consisting of laser cutting, water jet cutting, microwave beam cutting, etching, stamping, drilling, milling, turning, or sawing [i.e., Metz teaches at least etching as an alternative subtractive manufacturing method; para. 0020-21].
Regarding claim 6, Schlipf in view of Metz and Mann discloses the method according to claim 1.
Schlipf further discloses:
wherein the heating conductor path structure is formed with a meander-like shape at least in some sections [e.g., see Schlipf fig. 4, showing a winding path of the heating coils, with at least a distal portion of the coil opposite the terminals 7 as a turn-around path of the coil].
Regarding claim 7, Schlipf in view of Metz and Mann discloses the method according to claim 1.
Schlipf further discloses:
wherein the heating conductor path structure has a bifilar configuration [see Schlipf fig. 4, showing a bifilar configuration formed by two parallel heater coil paths].
Regarding claim 8, Schlipf in view of Metz and Mann discloses the method according to claim 1.
Schlipf further discloses:
wherein the electrically insulating and compactable material is comprised of an insulating granulate selected from the group consisting of a Magnesium oxide granulate, ceramic granulate, and boron nitride granulate, or porous ceramic material [Schlipf para. 0054 “The cavity of the tubular body 2 between the bottom 3 and the closing disk 5 is filled with an insulating material (granulated insulating material) 13, which may consist of quartz sand or a metal oxide, especially magnesium oxide. A granular product consisting of heat-resistant plastic may also be used for this purpose.”].
Regarding claim 9, Schlipf in view of Metz and Mann discloses the method according to claim 1.
Schlipf as modified by Metz further discloses:
wherein the compaction is carried out such that an increase of a length of the heating element blank and the metal housing is between one percent to fifteen percent and a reduction in height of five percent to twenty-five percent.
In this case, in view of Mann further teaching that the compacting can be done in multiple steps [i.e., suggesting a gradual elongation/narrowing process; col. 3, lines 19-25: “Thereafter, the assembly is swaged to reduce its diameter and extend its length. Preferably, the swaging operation is done in multiple steps, with the open end of the sheath being swaged first in order to compress the o-ring 40 and positively prevent the escape of any of the insulating material 42.”] and that the starting length and height of the assembly may be up to 30 percent of the desired final dimensions [Mann col. 2, lines 62-65: “First, the closed end tubular sheath 24 is formed with a diameter about 30 percent larger and a length about 30 percent shorter than desired finished dimensions.”], it would have been an obvious matter of design choice to select an increase of a length to be between one percent to fifteen percent and a reduction in height to be between five percent to twenty-five percent as necessitated by the specific requirements of the given application [e.g., in order to achieve a particular final dimension of the heating assembly], furthermore, in view of the predictable results of the compacting step, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to limit the range of increase/reduction, in order to, e.g. reduce manufacturing time by optimizing the compacting step, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.05(II).
Regarding claim 10, Schlipf in view of Metz and Mann discloses the method according to claim 1.
Schlipf as modified by Metz further discloses:
wherein the heating element blank is coated with an insulating layer comprised of a porous ceramic layer, before insertion into the metal housing [Metz discloses the porous ceramic layer as an insulating layer thus enabling effective control of heater temperature; para. 0010: “According to the present specification the conductor is provided with a porous ceramic layer. The ceramic layer that is provided on or adjacent the conductor enables effective control of heater temperature. This prevents burning of components in the delivery fluid and/or other elements of the system, such as buffer material, for example.”; para. 0020: “ In an alternative embodiment a plate of metal, for example aluminium, titanium or other valve metal, is coated on at least one side with a ceramic layer using plasma electrolytic oxidation, for example…”].
Regarding claim 19, Schlipf in view of Metz and Mann discloses the method according to claim 1.
Schlipf as modified by Metz further discloses:
wherein the heating element blank is coated with an insulating layer comprised of a porous ceramic layer [Metz discloses a ceramic layer as an insulating layer comprised of a porous ceramic layer coating, e.g., see fig. 2R; para. 0010: “According to the present specification the conductor is provided with a porous ceramic layer...”; para. 0099: “As a further alternative, conductor 90 is a tube (FIG. 2R) with a ceramic layer 92”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the heating cartridge of Schlipf such that the heating element blank is coated with an insulating layer comprised of a porous ceramic layer, since Metz teaches this improves the stability and strength of the heater, increases insulation, and enables control of heat transfer/production [para. 0016: “By providing the ceramic layer with a sufficient thickness the stability and strength of the heater is improved. Furthermore, the insulation is increased, enabling control of heat transfer and/or heat production. The thickness of the ceramic layer is adapted to the desired characteristics. This flexibility during production provides a further advantage of the system according to the present specification.”].
Claims 11, 14-15 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Schlipf (US 20070023418 A1) in view of Metz (US 20180007741 A1) and Mann (US 4112577 A) as applied to claim 1, and further in view of Giddings (US 20080083741 A1).
Regarding claim 11, Schlipf in view of Metz and Mann discloses the method according to claim 1.
However, Schlipf as modified by Metz and Mann does not explicitly disclose:
wherein a double-walled hollow tube is used as the metal housing.
Giddings, in the same field of endeavor [fig. 1: heater 100], teaches a double-walled hollow tube is used as the metal housing [para. 0034: “A particular example of a heater 100 including one or more embodiments in accordance with the invention is illustrated with reference to FIGS. 1-2. As shown, a second tube 102 has an inner surface that defines a volume in which a first tube 104 is coaxially nested on a defined axis 106. The second tube inner surface is spaced from the first tube 104 outer surface to define the elongate toroid, annular space, or gap therebetween.”; para. 0017: “In one embodiment, one or both of the tubes can be cylindrical and/or formed from metal.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the method of Schlipf such that a double-walled hollow tube is used as the metal housing, since Giddings teaches this allows for different heat zones to be arranged within the inner volume defined by the inner tube, such that a capsule can be inserted therein for heating [para. 0039: “The heating elements are in thermal communication with the first tube, and remain electrically insulated from both the first tube and the second tube. Starting from the top and working down, the arrangement of sets of heating elements defines several heat zones. The heat zones include an uppermost first zone 120, a growth zone 122, a baffle gap zone 124, and a charge zone 126. When a capsule is inserted into the volume defined by a first tube inner surface 118, an internal baffle (not shown) aligns with the baffle gap zone. The baffle defines two chambers inside the capsule, one for charge and one for growth.”].
Regarding claim 14, Schlipf in view of Metz and Mann discloses the method according to claim 1.
Schlipf as modified by Metz and Mann further discloses:
wherein the heating element blank has slots with opposing cut surfaces [Metz discloses that machining can be used to form square shaped channels as slots with opposing cut surfaces; para. 0116: “The resulting foil structure can be processed further involving electrochemical machining. For example, use can be made of dissolution of Titanium grade 2 to make perfect squared shaped channels.”].
However, Schlipf as modified by Metz and Mann does not explicitly disclose:
wherein the heating element blank has slots with opposing cut surfaces that are arranged orthogonal to a tube-shaped wall of the metal housing
Giddings, in the same field of endeavor [fig. 1: heater 100], teaches a metal housing [para. 0034: “A particular example of a heater 100 including one or more embodiments in accordance with the invention is illustrated with reference to FIGS. 1-2. As shown, a second tube 102 has an inner surface that defines a volume in which a first tube 104 is coaxially nested on a defined axis 106. The second tube inner surface is spaced from the first tube 104 outer surface to define the elongate toroid, annular space, or gap therebetween.”; para. 0017: “In one embodiment, one or both of the tubes can be cylindrical and/or formed from metal.”] wherein a heating element blank has opposing surfaces that are arranged orthogonal to the tube-shaped wall of the metal housing [see fig. 1, showing adjacent horizontal surfaces of resistive heating element 112 parallel to each other and orthogonal to the walls of housing 102/104, with varying pitch therebetween; para. 0035: “…The windings are spaced from each other by a winding distance or pitch…”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the method of Schlipf such that the heating element blank has slots with opposing cut surfaces that are arranged orthogonal to a tube-shaped wall of the metal housing, since Giddings teaches this allows for different heat zones to be arranged within the inner volume defined by the inner tube, such that a capsule can be inserted therein for heating [i.e., by controlling the space between portions of a conductor, the heating response can be controlled; para. 0039: “The heating elements are in thermal communication with the first tube, and remain electrically insulated from both the first tube and the second tube. Starting from the top and working down, the arrangement of sets of heating elements defines several heat zones. The heat zones include an uppermost first zone 120, a growth zone 122, a baffle gap zone 124, and a charge zone 126. When a capsule is inserted into the volume defined by a first tube inner surface 118, an internal baffle (not shown) aligns with the baffle gap zone. The baffle defines two chambers inside the capsule, one for charge and one for growth.”].
Regarding claim 15, Schlipf in view of Metz, Mann, and Giddings discloses the method according to claim 14.
Schlipf as modified by Metz, Mann, and Giddings further discloses:
wherein the opposing cut surfaces are arranged parallel to each other at an angle [see Giddings fig. 1, showing opposing surfaces of the conductor arranged parallel to each other, wherein the surfaces may be machined/cut as suggested by Metz].
Regarding claim 17, Schlipf in view of Metz, Mann, and Giddings discloses the method according to claim 14.
Schlipf as modified by Metz further discloses:
wherein the heating element blank has indented features on cover surfaces and on the opposing cut surfaces in a final assembled and compacted state [Metz discloses a ceramic layer as indented features on surfaces, e.g., see fig. 2R; para. 0099: “As a further alternative, conductor 90 is a tube (FIG. 2R) with a ceramic layer 92”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the method of Schlipf such that the heating element blank has indented features on cover surfaces and on the opposing cut surfaces in a final assembled and compacted state, since Metz teaches this improves the stability and strength of the heater, increases insulation, and enables control of heat transfer/production [para. 0016: “By providing the ceramic layer with a sufficient thickness the stability and strength of the heater is improved. Furthermore, the insulation is increased, enabling control of heat transfer and/or heat production. The thickness of the ceramic layer is adapted to the desired characteristics. This flexibility during production provides a further advantage of the system according to the present specification.”].
Regarding claim 18, Schlipf in view of Metz and Mann discloses the method according to claim 1.
However, Schlipf as modified by Metz and Mann does not explicitly disclose:
wherein the metal housing is constructed as a double-walled tube with an inner tube and an outer tube.
Giddings, in the same field of endeavor [fig. 1: heater 100], teaches a double-walled hollow tube is used as the metal housing [para. 0034: “A particular example of a heater 100 including one or more embodiments in accordance with the invention is illustrated with reference to FIGS. 1-2. As shown, a second tube 102 has an inner surface that defines a volume in which a first tube 104 is coaxially nested on a defined axis 106. The second tube inner surface is spaced from the first tube 104 outer surface to define the elongate toroid, annular space, or gap therebetween.”; para. 0017: “In one embodiment, one or both of the tubes can be cylindrical and/or formed from metal.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the method of Schlipf such that a double-walled hollow tube is used as the metal housing, since Giddings teaches this allows for different heat zones to be arranged within the inner volume defined by the inner tube, such that a capsule can be inserted therein for heating [para. 0039: “The heating elements are in thermal communication with the first tube, and remain electrically insulated from both the first tube and the second tube. Starting from the top and working down, the arrangement of sets of heating elements defines several heat zones. The heat zones include an uppermost first zone 120, a growth zone 122, a baffle gap zone 124, and a charge zone 126. When a capsule is inserted into the volume defined by a first tube inner surface 118, an internal baffle (not shown) aligns with the baffle gap zone. The baffle defines two chambers inside the capsule, one for charge and one for growth.”].
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Schlipf (US 20070023418 A1) in view of Metz (US 20180007741 A1), Mann (US 4112577 A), and Giddings (US 20080083741 A1) as applied to claim 14 above, and further in view of McWilliams (GB 2313994 A).
Regarding claim 16, Schlipf in view of Metz, Mann, and Giddings discloses the method according to claim 14.
However, Schlipf as modified by Metz, Mann, and Giddings does not explicitly disclose:
wherein the opposing cut surfaces face each other at different angles.
McWilliams, in the same field of endeavor [fig. 1: electrical resistance heating element 4 supported in a heat-withstanding tube 1], teaches heating element 4 as an equivalent to the heating element blank, formed such that opposing surfaces of heating element face each other at different angles [see fig. 4, showing opposing surfaces of the ribbon type conductor 4 at different relative angles].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the method of Schlipf and Metz such that the opposing cut surfaces face each other at different angles, since McWilliams teaches this as a knowternative arrangement for a heating element blank arranged within a metal housing that yields predictable results, and also teaches also reduces undesirable contact with the housing [p. 1: “…even though such contact has been reduced in some cases by means of the zig-zag configuration of the element or by complex cutting of a coiled ribbon element and bending out tab-like portions therefrom to form spacers”].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward F Landrum can be reached at (571) 272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THEODORE J EVANGELISTA/Examiner, Art Unit 3761 /EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761
