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
Applicant's preliminary amendment filed on 8/8/2023 has been entered. The specification and claims 1-19 have been amended.
Claims 1-19 are still pending in this application, with claim 1 being independent.
Specification
The amendment filed 8/8/2023 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: The incorporation by reference of International Patent Application No. PCT/EP2022/052864 and German Patent Application No. DE 102021102894 A is ineffective as it was added on the date of entry into the national phase, which is after the filing date of the instant application (2/8/2021). The filing date of this national stage application is the filing date of associated PCT, in this case 2/7/2022, see MPEP 1893.03(b). Therefore the specification amendment of 8/8/2023 to include the incorporation by reference is new matter, per MPEP 608.01(p). Applicant is required to cancel the new matter in the reply to this Office Action. For the purposes of this office action, Examiner will interpret the disclosure as reciting “
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 9 is objected to because of the following informalities: “fifteen present” in line 4 should be “fifteen [[present]]percent”. Appropriate correction is required.
Applicant is advised that should claim 1 be found allowable, claim 12 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). In this case, claim 1 already recites “machining the body to form a heating element blank such that a deformable heating conductor path structure is formed from the body with a first length and a first height and a first conductor path end” wherein claim 12 recites “A heating element blank, which is formed from the tube-shaped or plate-shaped and electrically conductive body by machining, in which, from the body, the deformable heating conductor path structure is formed with the first length and the first height and also with the first conductor path end for use in the method according to claim 1” and does not seem to further limit the requirements set forth in claim 1.
Claim 13 is objected to because of the following informalities: “according to claim 1” should be “according to the method of claim 1” so as to correspond to the language of amended claims 1-12 and 14-19.
Applicant is advised that should claim 1 be found allowable, claim 13 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). In this case, claim 1 already recites “A method for the production of a tube-shaped heating cartridge” wherein claim 13 recites “A heating cartridge produced according to claim 1” and does not seem to further limit the requirements set forth in claim 1.
Claim 15 is objected to because of the following informalities: “wherein opposing cut surfaces” should be “wherein the opposing cut surfaces” so as to avoid any possible antecedent issues with the “opposing cut surfaces” recited in claim 14.
Applicant is advised that should claims 1 and 10 be found allowable, in view of claim 13 as being a substantial duplicate of claim 1, claim 19 will be objected to under 37 CFR 1.75 as being a substantial duplicate of claim 10. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). In this case, claim 10 already recites “wherein the heating element blank is coated with an insulating layer comprised of a porous ceramic layer, before insertion into the metal housing” wherein claim 19 recites “wherein the heating element blank is coated with an insulating layer comprised of a porous ceramic layer” and does not seem to further limit the requirements set forth in claim 10.
Claim Rejections - 35 USC § 112(b)
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.
Claims 1-19 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Claim 1:
The recitation of “A method for the production of a tube-shaped heating cartridge with an electrical heating element lying within a metal housing of the heating cartridge…the method comprising: preparing a plate-shaped or tube-shaped, electrically conductive body, machining the body to form a heating element blank such that a deformable heating conductor path structure is formed from the body with a first length and a first height and a first conductor path end…compacting the filled metal housing for achieving the specified geometric shape and the specified ohmic resistance of the heating cartridge with a third length increased relative to the first length and a third height reduced relative to the first height and for shaping the metal housing to a fourth length increased in comparison to the second length and a fourth height reduced relative to the second height” because it is unclear if the third length/third height are dimensions of the housing or the heating cartridge. In view of figs. 1B, 1D, 2A, and 2B, and p. 15 of the specification [“Figure 2B shows the heating cartridge 200 shown in Figure 2A after compaction has taken place. The height reductions from K1 to K3 of the heating element blank 130 and the metal housing 20 from K2 to K4 appear again. The resulting changes in length of the heating element blank 230 and the metal housing 20 are again marked in Figure 2B by the reference symbols L3 and L4.”], claim 1 will be interpreted as requiring that, after the compacting step, the heating element blank length is increased from the first length to the third length and the heating element blank height is reduced from the first height to the third height, e.g., “compacting the filled metal housing for achieving the specified geometric shape and the specified ohmic resistance of the heating cartridge[[ with]], for shaping the heating element blank to a third length increased [[relative]]in comparison to the first length and a third height reduced relative to the first height and for shaping the metal housing to a fourth length increased in comparison to the second length and a fourth height reduced relative to the second height”.
Claim 3:
The limitation “the plate-shaped body” in line 2 lacks sufficient antecedent basis. In view of figs. 6B and 6C [p. 9: “Fig. 6C is a side perspective view of a heating element blank that has been bent from the heating element structure of Figure 6B,”] and p. 5 of the specification [“The heating conductor path structure is first cut from the plate-shaped body and in a subsequent step the cut or etched out heating conductor path structure is suitably bent in order to provide the ultimately desired structure and shape of a heating element blank.”], claim 3 will be interpreted as further limiting the “plate-shaped or tube-shaped, electrically conductive body” of claim 1 to be plate-shaped, e.g., “wherein the body is [[the]] plate-shaped [[body]], from which the heating conductor path structure is cut and bent about the longitudinal axis in a subsequent step”.
Claim 9:
The term “approximately” is a relative term which renders the claim indefinite. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In this case, it is unclear how much a length or height may deviate from the recited ranges while still being within the metes and bounds of the claim. Claim 9 will be interpreted as striking all recitations of “approximately”.
Claim 12:
The recitation of “A heating element blank” in line 1 renders the claim indefinite because it is unclear if this is intended to be distinct from “a heating element blank” recited in claim 1, line 9. Claim 12 will be interpreted as reciting “[[A]]The heating element blank” so as to correspond to claim 1.
The limitation “the tube-shaped or plate-shaped and electrically conductive body” in line 2 lacks sufficient antecedent basis, and will be interpreted as reciting “the [[tube-shaped or plate-shaped and electrically conductive body]]plate-shaped or tube-shaped, electrically conductive body” so as to correspond to claim 1.
Claim 13:
The recitation of “A heating cartridge” in line 1 renders the claim indefinite because it is unclear if this is intended to be distinct from “a tube-shaped heating cartridge” recited in claim 1, line 1. Claim 13 will be interpreted as reciting “[[A]]The heating cartridge” so as to correspond to claim 1.
Claim 16:
The recitation of “wherein the opposing cut surfaces face each other at different angles” renders the claim indefinite because it is unclear how the opposing cut surfaces can be arranged to face each other at different angles while also being “arranged parallel to each other at an angle” as required in claim 15. In view of figs. 1G, 1H, and 1I, and p. 6 of the specification [“The cut surfaces are parallel to each other. On the other hand, the slots can also be chosen so that they are orthogonal to a plane of the tube-shaped wall of the metal housing at an angle α parallel to each other or also at different angles to each other”], claim 16 will be interpreted as describing an alternative embodiment, e.g., such that claim 16 depends on claim 14.
Claims 2-19 are rejected due to dependence on a rejected claim.
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 12-13 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; 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, which has 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 tube-shaped 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 and the specified ohmic resistance of the heating cartridge [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 such that a deformable heating conductor path structure is formed from the body with a first length and a first height and a first conductor path end,
compacting the filled metal housing for achieving the specified geometric shape and the specified ohmic resistance of the heating cartridge with a third length increased relative to the first length and a third height reduced relative to the first height and for shaping the metal housing to a fourth length increased in comparison to the second length and a fourth height reduced relative to the second height.
Metz, in the same field of endeavor [i.e., preparing base material (electrically conductive body) to form a conductor (heating element blank) in electric heating assemblies using known subtractive manufacturing methods; 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.”; and paras. 0020, 21, and 101-118, directed at different subtractive manufacturing methods], teaches the deformable heating conductor path structure [i.e., the conductor as e.g., a conventional wire, that can be deformed such that it is wound/arranged in a meandering path, e.g., figs. 2A-2V] can be formed by machining a plate-shaped electrically conductive body to a particular thickness and desired shape [para. 0008: “In one of the embodiments according to the specification the conductor has a plate shape that on one side is provided with a ceramic layer. Optionally, the metal layer is (partly) removed, for example using electrochemical machining.”].
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 achieving a specified geometric shape wherein both the housing and the heating coil therein are both shaped [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”].
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 it comprises:
preparing a plate-shaped or tube-shaped, electrically conductive body, and machining the body to form a heating element blank such that a deformable heating conductor path structure is formed from the body with a first length and a first height and a first conductor path end, since Metz teaches this allows for adapting electrical resistance and heat production to the specific needs of the given application [para. 0008: “This enables control of the thickness of the metal layer such that the electric resistance and heat production can be adapted to the needs for the specific system or device wherein the heater element is or will be used.”]; and
compacting the filled metal housing for achieving the specified geometric shape and the specified ohmic resistance of the heating cartridge with a third length increased relative to the first length and a third height reduced relative to the first height and for shaping the metal housing to a fourth length increased in comparison to the second length and a fourth height reduced relative to the second height, since Mann teaches this not only is an alternative method of forming the final desired arrangement of the conductor, but the compacting step also allows sheath material (i.e., the electrically insulating and compactable material) to flow around the coil [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.”].
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 body is the plate-shaped body, from which the heating conductor path structure is cut and bent about the longitudinal axis in a subsequent step [i.e., the plate shaped base material of Metz, machined into the desired shape, and wound into the desired 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 approximately one percent to approximately fifteen present and a reduction in height of approximately five percent to approximately 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 12, Schlipf in view of Metz and Mann discloses the method according to claim 1.
Schlipf as modified by Metz and Mann further discloses:
A heating element blank, which is formed from the tube-shaped or plate-shaped and electrically conductive body by machining, in which, from the body, the deformable heating conductor path structure is formed with the first length and the first height and also with the first conductor path end for use in the method according to claim 1 [i.e., the plate shaped base material of Metz formed into the heating element blank with the heating conductor path structure of Schlipf in claim 1].
Regarding claim 13, Schlipf in view of Metz and Mann discloses the method according to claim 1.
Schlipf as modified by Metz and Mann further discloses:
A heating cartridge produced according to claim 1 [i.e., the heating cartridge of Schlipf, Metz, and Mann in claim 1].
Claims 11, 14-15 and 17-19 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) as respectively applied to claims 1 and 13 above, 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 heating cartridge according to claim 13.
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 heating cartridge according to claim 14.
Schlipf as modified by Metz, Mann, and Giddings further discloses:
wherein 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 heating cartridge 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 cut surfaces in the 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 heating cartridge of Schlipf such that the heating element blank has indented features on cover surfaces and on the cut surfaces in the 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 heating cartridge according to claim 13.
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 heating cartridge 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 19, Schlipf in view of Metz and Mann discloses the heating cartridge according to claim 13.
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.”].
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 15 above, and further in view of McWilliams (GB 2313994 A).
Regarding claim 16, Schlipf in view of Metz, Mann, and Giddings discloses the heating cartridge according to claim 15.
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 heating cartridge of Schlipf and Metz such that the opposing cut surfaces face each other at different angles, since McWilliams teaches this as a known alternative 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Konishi (US 20100084394 A1) – teaches laser cutting as an equivalent subtractive manufacturing method to produce conductors, wherein a plate of base material is machined to form a heat generating element of a desired shape, wherein the element may be further subsequently mechanically processed with at least bending [para. 0100: “In the heat generating unit in accordance with embodiment 1 of the present invention, a heat generating element, which is mainly composed of a carbon-based substance, is made into a film-sheet shape, and has substantially the same thermal conductivity in a plane direction, that is, a so-called two dimensional isotropic thermal conductivity. In particular, the heat generating unit of embodiment 1 uses a heat generating element that is formed into a film-sheet shape having a thermal conductivity of 200 W/mK or more, with a thickness of 300 or less. For this reason, the heat generating unit of embodiment 1 makes it possible to generate heat uniformly. Moreover, in the heat generating unit of embodiment 1, since the heat generating element has pliability, flexibility and elasticity, it is possible to carry out machining processes, such as cutting out, hole-forming, bending, and cutting and raising processes, thereon, so that the heat generating element is allowed to have a high degree of freedom in designing.”].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE J EVANGELISTA whose telephone number is (571)272-6093. The examiner can normally be reached Monday - Friday, 9am - 5pm EST.
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/THEODORE J EVANGELISTA/Examiner, Art Unit 3761 /EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761
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