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 .
Claims 1-6 are currently being examined.
Drawings
The drawings were received on 06/02/2026. These drawings are acceptable.
Claim Objections
Claim 2 is objected to because of the following informalities: “so as to bury not only the base-end portion of the ceramic heater but also part” should read as – so as to bury and a [[the]] lead terminal --. Appropriate correction is required.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sato et al. 20120183281.
Regarding independent claim 1, Sato discloses a liquid heating device (Fig. 13) comprising:
a container (12 Fig. 13) surrounding an internal space (15 Fig. 13; 12 surrounds 15) and having an opening (26 Fig. 13; [0044]);
a ceramic heater (16 with electric wire 42 in Fig. 13; [0030] describes 16 as including a PTC ceramic heater) having a rod shape (as seen in Fig. 13, 16 has a rod shape) extending in a front-rear direction (front is at bottom of Fig. 13 and rear is at top of Fig. 13 such that 16,42 extends in a front-rear direction) and penetrating through the opening (16,42 penetrates through opening 26 in Fig. 13), such that a distal-end portion of the ceramic heater (distal-end portion of 16,42 is 16 in Fig. 13) is exposed to the internal space (16 is exposed to internal space 15 in Fig. 13) and a base-end portion thereof (base-end portion of 16,42 is 42 in Fig. 13) is located outside the internal space (42 is located outside internal space 15 in Fig. 13), the ceramic heater having a heat generation portion (auto heater with a temperature sensor therein per [0030] and [0045]) at the distal-end portion (per [0030] distal-end portion 16 includes PTC ceramic heater enclosed in a cylindrical casing such as a metal pipe or a ceramic pipe and uses an auto heater with a temperature sensor included therein as also described in [0045]); and
a fixation member (lid 30 in Fig. 13; [0044] describes 16 as being attached to 30, i.e., fixated to 30 such that 30 is a fixation member) sealing a gap between the opening and the ceramic heater (as seen in Fig. 13, 30 seals a gap between opening 26 and black square base from which 16 extends rearward and from which 42 extends frontward), and fixing the ceramic heater to the container (per [0044] 16 of ceramic heater and the small heating chamber 14 are attached to an upper face of fixation member 30, and 16 and the small heating chamber 14 are inserted into the internal space 13 from opening 26 of container 12, and fixation member 30 is firmly screwed to a lower portion of container 12) in a cantilever manner (as seen in Fig. 13, 16 is fixed in a cantilever manner as free end of 16 at rear end is not supported), wherein
a liquid (a washer fluid, i.e., liquid) in the internal space is heated by an outer surface of the ceramic heater (outer surface of 16; per [0044] a washer fluid, i.e., liquid, is fed from a washer tank 72 shown in Fig. 8 to inner space 13 of the container 12 through a hose 54, and flows into the internal space 15 of the small heating chamber 14 through throttle ports 60 at a lower end face of the small heating chamber 14, and is warmed there by outer surface of 16 as liquid flows around and over surface of 16), and
the liquid passes through a flow path (a flow path of washer fluid liquid is shown by flow arrows in Fig. 13) penetrating from outside through inside of the fixation member (washer fluid liquid flows in flow path through hose 54 from outside fixation member 30 and through inside of 30 in Fig. 13), so as to be introduced into the internal space (washer fluid liquid flows through 30 via hose 54 and into internal space 15 via throttle ports 60 in Fig. 13).
Claim(s) 1-3 and 5-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eisner 20200068662.
Regarding independent claim 1, Eisner discloses a liquid heating device (Figs. 1-5) comprising:
a container (114) surrounding an internal space (117) and having an opening (labeled in annotated Fig. 4A);
a ceramic heater (per [0021] 104d is configured to transfer heat to liquid and includes heater connectors 130a,103b per [0032], and per [0030] 104d comprises a ceramic) having a rod shape (as seen in Fig. 4A, 104d has a rod shape) extending in a front-rear direction (front is at bottom and rear is at top of annotated Fig. 4A such that 104d extends in a front-rear direction) and penetrating through the opening (104d penetrates through the opening in annotated Fig. 4A), such that a distal-end portion of the ceramic heater (distal end portion of 104d in Fig. 4A) is exposed to the internal space (distal end portion is exposed to internal space 117 in Fig. 4A) and a base-end portion thereof (130a,130b) is located outside the internal space (base-end portion is located outside 117 in Fig. 4A), the ceramic heater having a heat generation portion (per [0030] 104d comprises a heating element, i.e., a heat generation portion) at the distal-end portion (heat generation portion is at distal end of 104d as seen in Fig. 3 per [0030]); and
a fixation member (102 in Fig. 4A) sealing a gap between the opening and the ceramic heater (as seen in annotated Fig. 4A, 102 extends across opening and seals gap between opening and 104d where 104d connects to 102 and 102 extends all around 104d), and fixing the ceramic heater to the container (as seen in annotated Fig. 4A, 102 fixes 104d to 114) in a cantilever manner (as seen in Fig. 4A, 104d is fixed in a cantilever manner), wherein
a liquid ([0020]) in the internal space is heated by an outer surface of the ceramic heater ([0021], [0028] describe liquid being heated by contacting outer surface of 104d), and
the liquid passes through a flow path (liquid passes through a flow path through orifice 119 at rear end of container 114 and into 117 per [0045] and as shown in annotated Fig. 4A) penetrating from outside through inside of the fixation member (flow path of liquid penetrates from outside of 102 and through inside of 102 which is side of 102 facing rearward into 117 versus outside of 102 which is side of 102 facing frontward away from 117 and anywhere outside of 114), so as to be introduced into the internal space (flow path introduces liquid into 117).
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Regarding independent claim 2, Eisner discloses a liquid heating device (Figs. 1-5) comprising:
a container (114) having a wall (132a, 132b, 102) surrounding an internal space (117); and
a ceramic heater (100 Fig. 4A; per [0021] 100 is a heater configured to transfer heat to liquid via the heater pillars 104a-d, and per [0030] heater pillars 104a-d comprise a ceramic) having a rod shape (as seen in Fig. 4A, 104a-d each has a rod shape) extending in a front-rear direction (front is at bottom and rear is at top of annotated Fig. 4A such that 104a-d extend in a front-rear direction) and penetrating the wall (as seen in Fig. 4A, 104a-d penetrate through opening formed by 132a; as seen in Fig. 3 respective portions of 104a-d penetrate respective openings in 102), such that a distal-end portion of the ceramic heater (104a-d in Fig. 4A) is exposed to the internal space (104a-d are exposed to internal space 117 in Fig. 4A) and a base-end portion thereof (base-end portion of 100 is on front side of 102 in annotated Fig. 4A) is located outside the internal space (base-end portion is located outside 117 in Fig. 4A), the ceramic heater having a heat generation portion (per [0021] each of 104a-d comprises a respective heating element, i.e., a heat generation portion) at the distal-end portion (heat generation portion is at 104a-d), wherein
a liquid ([0020]) in the internal space is heated by an outer surface of the ceramic heater ([0021], [0028] describe liquid being heated by contacting outer surface of 104a-d),
the ceramic heater is fixed to the wall (as seen in Fig. 4A, 100 is fixed to 102, 132a, 132b) in a cantilever manner (as seen in Fig. 4A, 104a-d are fixed in a cantilever manner),
the liquid passes through a flow path (labeled in annotated Fig. 4A) penetrating from outside through inside of the wall (flow path penetrates from outside through inside of 132a,132b, 102) at a position different from the ceramic heater (flow path passes through orifice 119 positioned at rear end of container 114 which is different from position of 100 at front end of container 114 in annotated Fig. 4A), and
the wall is formed so as to bury not only the base-end portion of the ceramic heater but also part of the lead terminal (as seen in Fig. 5, 102 is formed so as to bury base-end portion and lead terminals 130a and 130b described in [0032]; where bury is interpreted per Merriam-Webster online dictionary as to cover from view).
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Regarding claim 3, Eisner discloses the wall and the ceramic heater are in close contact with each other without a gap therebetween (as shown in Figs 3, 4A, and 5, wall 200 is in close contact with each of 104a-d without a respective gap therebetween).
Regarding claim 5, Eisner discloses a plurality of the ceramic heaters (Figs. 1-2 show 104a-c in addition to 104d and are constructed the same as 104d per [0027]) extending in the front-rear direction apart from each other (as seen in annotated Fig. 4A and 5, 104a-d extend in front-rear direction, and Figs. 1-5 show 104a-d are apart from each other) wherein the flow path is formed between at least two of the ceramic heaters as seen in the front-rear direction (flow path of liquid into 117 through orifice 119 flows between at least two of 104a-d as seem in front-rear direction as seen in Figs. 4A and 5).
Regarding claim 6, Eisner discloses an axial direction (direction along an axis extending through center of 102 and longitudinally through center of container 114 in annotated Fig. 4A) of an end part facing the internal space (102 is an end part facing 117), of the flow path, is along the front-rear direction (at least some of flow path is along front-rear direction and rear-front direction as liquid is poured into 119, and then as liquid accumulates on top of 102, flow path of liquid is at least partially in front-rear direction as depth of liquid increases and extends along 132a from 102).
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.
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(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. 20120183281 in view of Henry et al. 20110042387.
Regarding independent claim 2, Sato discloses a liquid heating device (Fig. 13) comprising:
a container (12 Fig. 13) having a wall (20, 30 Fig. 13) surrounding an internal space (15 Fig. 13; wall 20,30 surrounds 15); and
a ceramic heater (16 with electric wire 42 in Fig. 13; [0030] describes 16 as including a PTC ceramic heater) having a rod shape (as seen in Fig. 13, 16 has a rod shape) extending in a front-rear direction (front is at bottom of Fig. 13 and rear is at top of Fig. 13 such that 16,42 extends in a front-rear direction) and penetrating the wall (16, 42 penetrates through 30 of wall 20,30 in Fig. 13), such that a distal-end portion of the ceramic heater (distal-end portion of 16,42 is 16 in Fig. 13) is exposed to the internal space (16 is exposed to internal space 15 in Fig. 13) and a base-end portion thereof (base-end portion of 16,42 is 42 in Fig. 13) is located outside the internal space (42 is located outside internal space 15 in Fig. 13), the ceramic heater having a heat generation portion (auto heater with a temperature sensor therein per [0030] and [0045]) at the distal-end portion (per [0030] distal-end portion 16 includes PTC ceramic heater enclosed in a cylindrical casing such as a metal pipe or a ceramic pipe and uses an auto heater with a temperature sensor included therein as also described in [0045]), wherein
a liquid (a washer fluid, i.e., liquid) in the internal space is heated by an outer surface of the ceramic heater (outer surface of 16; per [0044] a washer fluid, i.e., liquid, is fed from a washer tank 72 shown in Fig. 8 to inner space 13 of the container 12 through a hose 54, and flows into the internal space 15 of the small heating chamber 14 through throttle ports 60 at a lower end face of the small heating chamber 14, and is warmed there by outer surface of 16 as liquid flows around and over surface of 16),
the ceramic heater is fixed to the wall (per [0044] 16 of ceramic heater and the small heating chamber 14 are attached to an upper face of 30, and 16 and the small heating chamber 14 are inserted into the internal space 13 from opening 26 of container 12, and 30 is firmly screwed to a lower portion of 20 of container 12, such that 16, 42 is fixed to wall 20,30) in a cantilever manner (as seen in Fig. 13, 16 is fixed in a cantilever manner as free end of 16 at rear end is not supported),
the liquid passes through a flow path (a flow path of washer fluid liquid is shown by flow arrows in Fig. 13) penetrating from outside through inside of the wall (washer fluid liquid flows in flow path through hose 54 penetrating from outside 30 and through inside of 30 of wall 20,30 in Fig. 13) at a position different from the ceramic heater (flow path of liquid extends through 54 which is to the left of position of 42 penetrating through 30 in Fig. 13, such that position of flow path is different from ceramic heater 16,42), so as to be introduced into the internal space (liquid is introduced into internal space 15 via flow path through 54 and via throttle ports 60 in Fig. 13), and
the wall is formed so as to bury the base-end portion of the ceramic heater (as seen in Fig. 13, 30 is formed so as to bury at least part of 42 where bury is interpreted per Merriam-Webster online dictionary as to cover from view).
Sato is silent regarding the wall is formed so as to bury part of the lead terminal.
Henry teaches a wall (140 Fig. 5) formed so as to bury part of a lead terminal (141; in Fig. 5, 140 is formed so as to bury part of 141). The lead terminal 141 is operably coupled to resistive element 131, i.e., wire, at one end of 141 per [0032] and 141 is operably coupled to a power source at the other end of 141 per [0034]. The wall 140 can be configured to receive at least a portion of 141 with 141 supported within the terminal block body 144 per [0032].
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Sato to have the wall formed so as to bury part of the lead terminal as taught by Henry to have the lead terminal coupled between the wire of base-end portion and a power source and have the lead terminal supported by the wall.
Regarding claim 3, Sato in view of Henry teaches all that is claimed in claim 2 above and Sato further discloses the wall and the ceramic heater are in close contact with each other without a gap therebetween (as shown in Fig. 13, 42 and black square base of 16 are in close contact with 30 without a gap therebetween).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. 20120183281 in view of Ihle et al. 20120175149.
Regarding claim 4, Sato disclose all that is claimed in claim 1 above but is silent regarding an outer diameter of the ceramic heater is not greater than 5 mm.
Ihle teaches in Figs. 1-3 a rod shaped heating module around which fluids flow to be heated per [0003] and which includes a filling material of ceramic PTC material per [0057], i.e., the rod shaped heating module is a ceramic heater. The outer diameter of the ceramic heater is not greater than 5 mm (per [0043] the outside diameter of the ceramic heater may be 3.6 mm such that the outer diameter is not greater than 5mm as claimed).
"[I]f a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill. . . . [A] court must ask whether the improvement is more than the predictable use of prior art elements according to their established functions." KSR at 1396.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Sato to have an outer diameter of the ceramic heater is not greater than 5 mm as taught by Ihle as applying a known technique for sizing the ceramic heater which provides a reasonable expectation of success of heating liquid and is within the ability of one of ordinary skill in the art.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eisner 20200068662 in view of Ihle et al. 20120175149.
Regarding claim 4, Eisner disclose all that is claimed in claim 1 above but is silent regarding an outer diameter of the ceramic heater is not greater than 5 mm.
Ihle teaches in Figs. 1-3 a rod shaped heating module around which fluids flow to be heated per [0003] and which includes a filling material of ceramic PTC material per [0057], i.e., the rod shaped heating module is a ceramic heater. The outer diameter of the ceramic heater is not greater than 5 mm (per [0043] the outside diameter of the ceramic heater may be 3.6 mm such that the outer diameter is not greater than 5mm as claimed).
"[I]f a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill. . . . [A] court must ask whether the improvement is more than the predictable use of prior art elements according to their established functions." KSR at 1396.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the ceramic heater of Eisner to have an outer diameter of each of 104a-d be not greater than 5 mm as taught by Ihle as applying a known technique for sizing of a rod shape of a ceramic heater which provides a reasonable expectation of success of heating liquid and is within the ability of one of ordinary skill in the art.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are not persuasive or are moot because the current 102 rejection relying on prior art of record Sato includes a new interpretation of the claimed internal space as 15 in Fig. 13 of Sato in light of the amendment to claim 1 such that Sato does disclose a ceramic heater exposed to the internal space as claimed in currently amended claim 1, and prior art Huang is not used in the current rejection of claim 1. Newly cited prior art Eisner is also relied upon in a 102 rejection of claim 1.
Applicant does not argue claim 2 or the dependent claims.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSON JOAN HARRINGTON whose telephone number is (571)272-2359. The examiner can normally be reached M-F 9 am - 5 pm EST.
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/A.J.H./ /GERALD L SUNG/ Primary Examiner, Art Unit 3741 Examiner, Art Unit 3741
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