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 are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “101p”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sato et al. 20120183281.
Regarding independent claim 1, Sato teaches a liquid heating device (Fig. 13) comprising:
a container (12 Fig. 13) surrounding an internal space (13 Fig. 13; 12 surrounds 13) 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) extending in a front-rear direction (front is at bottom of Fig. 13 and rear is at top of Fig. 13 such that 16 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 at rear end in Fig. 13) is located in the internal space (distal-end portion of 16,42 is located in internal space 13 in Fig. 13) and a base-end portion thereof (base-end portion of 16, 42 is 42 at front end in Fig. 13) is located outside the internal space (base-end portion of 16,42 is located outside internal space 13 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), wherein
a liquid in the internal space is heated by the ceramic heater (per [0044] a washer fluid, i.e., liquid, is fed from a washer tank 72 shown in Fig. 8 to internal space 13 of the container 12 through a hose 54, and flows into the inner 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 heater 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 and into internal space 13 in Fig. 13).
Regarding independent claim 2, Sato teaches a liquid heating device (Fig. 13) comprising:
a container (12 Fig. 13) having a wall (20, 30 Fig. 13) surrounding an internal space (13 Fig. 13; 20,30 surrounds 13); and
a ceramic heater (16 with electric wire 42 in Fig. 13; [0030] describes 16 as including a PTC ceramic heater) extending in a front-rear direction (front is at bottom of Fig. 13 and rear is at top of Fig. 13 such that 16 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 at rear end in Fig. 13) is located in the internal space (distal-end portion of 16,42 is located in internal space 13 in Fig. 13) and a base-end portion thereof (base-end portion of 16, 42 is 42 at front end in Fig. 13) is located outside the internal space (base-end portion of 16,42 is located outside internal space 13 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 in the internal space is heated by the ceramic heater (per [0044] a washer fluid, i.e., liquid, is fed from a washer tank 72 shown in Fig. 8 to internal space 13 of the container 12 through a hose 54, and flows into the inner 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 heater 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), 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 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 13 via flow path through 54 in Fig. 13).
Regarding claim 3, Sato teaches all that is claimed in claim 2 above and further teaches 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 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) 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 teaches 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 [0003] that media or components can be heated by means of thermal contact with materials that have a positive temperature coefficient of electrical resistance (PTC materials). Ihle further teaches a heating module shown in Figs. 1-3 which can be used, for example, as a through-flow heater or as a connecting element in a heating system which efficiently heats a medium that is made to pass through the inner tube and/or around the outer tube per [0067] and this module includes a filling material of ceramic PTC material per [0057], i.e., the heating module is a ceramic heater. The outer diameter of the ceramic heater is not greater than 5 mm (per [0043] the diameter of the functional module, i.e., ceramic heater, comprises an inside diameter and an outside diameter and the inside diameter may be 1 mm and give an outside diameter of 3.6 mm if the wall thickness of the inner tube is 0.3 mm, of the molded object is 0.5 mm and of the outer tube is 0.5 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 and is within the ability of one of ordinary skill in the art.
Claim(s) 1-3 and 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang 6321036 in view of Sato et al. 20120183281.
Regarding independent claim 1, Huang teaches a liquid heating device (Fig. 1) comprising:
a container (20 Fig. 1) surrounding an internal space (21,22 Fig. 1) and having an opening (opening at bottom of 20 through which protrusion 33 of base 30 extends in Fig. 1);
a heater (36 in Fig. 1; col 1 line 67 describes 36 as at least one heating element, i.e., a heater) extending in a front-rear direction (front is at bottom of Fig. 1 and rear is at top of Fig. 1 such that 36 extends in a front-rear direction), such that a distal-end portion of the heater (distal-end portion of 36 is within 23 in Fig. 1) is located in the internal space (distal-end portion of 36 is located in internal space 22 which includes space within 23 in Fig. 1) and a base-end portion thereof (base-end portion of 36 connected to 30 in Fig. 1), the heater having a heat generation portion at the distal-end portion (col 1 line 40 describes at least one electric heating element and col 1 lines 54-55 describe Fig. 1 as showing an electric water heater, such that each heater 36 is an electric heating element, i.e., has a heat generation portion using electric power); and
a fixation member (30 in Fig. 1; col 2 line 40 describes each heater 36 is mounted on base 30, i.e., fixated to, 30 such that 30 is a fixation member) sealing a gap between the opening and the heater (as seen in Fig. 1, fixation member 30 seals a gap between opening at bottom of container 20 and heater 36), and fixing the heater to the container (per col 1 line 67 to col 2 line 1, container 20 is secured, i.e., fixed, to fixation member 30 and since each heater 36 is mounted on 30, each 36 is fixed to container 20 via 30), wherein
a liquid in the internal space is heated by the heater (per col 2 lines 50-56, water in internal space 22 is heated by heaters 36), and
the liquid passes through a flow path (a flow path of water is shown by flow arrows in Fig. 1) penetrating from outside through inside of the fixation member (water flows through inlet 34 from outside fixation member 30 and through inside of 30 via supply pipe 31 in Fig. 1), so as to be introduced into the internal space (water flows through 30 and into internal space 22 in Fig. 1).
Huang does not explicitly teach the heater is a ceramic heater and the ceramic heater penetrates through the opening, the base-end portion thereof is located outside the internal space.
Sato teaches a liquid heating device in Figs. 1A-3B which includes a ceramic heater (16,42 in Fig. 1A; [0029] describes an electric wire 42 (Figs. 1A and 1B), which supplies power to heater 16 and [0030] describes 16 as including a PTC ceramic heater), the ceramic heater penetrates through an opening (26 Fig. 2A) in a container (12 Fig. 1A, 2A; as shown in Fig. 1A, 16,42 penetrates through opening 26 in container 12), a base-end portion of the ceramic heater (42 is base-end portion of 16,42) is located outside of an internal space (13 Fig. 1A) of the container (13 is an internal space in container 12 and 42 is located outside of 13 in Fig. 1A). As described in [0029], an electric wire leading channel 44 (Figs. 3A and 3B) for leading electric wire 42 which supplies power to the heater 16 is provided on a central axis of core 33 of lid 30.
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 Huang to substitute the ceramic heater of Sato for the heater of Huang as a simple substitution of one known element for another to obtain predictable results; MPEP2143(I)(B). In this case, the ceramic heater of Sato was known to heat a liquid and would predictably function the same way to heat the water when substituted in place of the heater of Huang.
In modifying the invention of Huang to have the ceramic heater of Sato, the ceramic heater penetrates the opening in the container via the base-end portion which includes the electrical wire penetrating the opening to connect to and supply electrical power to the distal-end portion of the ceramic heater and the electrical wire of the base-end portion is located outside the internal space as claimed.
Regarding independent claim 2, Huang teaches a liquid heating device (Fig. 1) comprising:
a container (20 Fig. 1) having a wall (labeled in annotated Fig. 1; wall includes side wall, top and bottom walls and base wall 30) surrounding an internal space (21,22 Fig. 1, wall surrounds 21,22);
a heater (36 in Fig. 1; col 1 line 67 describes 36 as at least one heating element, i.e., a heater) extending in a front-rear direction (front is at bottom of Fig. 1 and rear is at top of Fig. 1 such that 36 extends in a front-rear direction), such that a distal-end portion of the heater (distal-end portion of 36 is within 23 in Fig. 1) is located in the internal space (distal-end portion of 36 is located in internal space 22 which includes space within 23 in Fig. 1) and a base-end portion thereof (base-end portion of 36 connected to 30 as shown in Figs. 1-2), the heater having a heat generation portion at the distal-end portion (col 1 line 40 describes at least one electric heating element and col 1 lines 54-55 describe Fig. 1 as showing an electric water heater, such that each heater 36 is an electric heating element, i.e., has a heat generation portion using electric power, in distal-end portion); wherein
a liquid in the internal space is heated by the heater (per col 2 lines 50-56, water in internal space 22 is heated by heaters 36),
the heater is fixed to the wall (col 2 line 40 describes each heater 36 is mounted on 30, i.e., each 36 is fixed to wall 30, and
the liquid passes through a flow path (a flow path of water is shown by flow arrows in Fig. 1) penetrating from outside through inside of the wall (flow path of water flows to inlet 34 penetrating from outside of wall 30, into 30 and through inside of 30 to supply pipe 31 in Fig. 1) at a position different from the heater (position of flow path through 34 and 30 is different from position of each 36 as shown in Figs. 1-2), so as to be introduced into the internal space (water flows through 31 and is introduced into internal space 22 in Fig. 1).
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Huang does not explicitly teach the heater is a ceramic heater, the ceramic heater penetrating the wall, the base-end portion thereof is located outside the internal space.
Sato teaches a liquid heating device in Figs. 1A-3B which includes a ceramic heater (16,42 in Fig. 1A; [0029] describes an electric wire 42 (Figs. 1A and 1B), which supplies power to heater 16 and [0030] describes 16 as including a PTC ceramic heater), the ceramic heater penetrating a wall (20,30 Figs. 1A, 2A, 3A) surrounding an internal space (13 Figs. 1A,2A) of a container (12 Fig. 1A, 2A; as shown in Fig. 1A, 16,42 penetrates through wall 30), a base-end portion of the ceramic heater (42 is base-end portion of 16,42) is located outside of the internal space of the container (42 is located outside of 13 in Fig. 1A). As described in [0029], an electric wire leading channel 44 (Figs. 3A and 3B) for leading electric wire 42 which supplies power to the heater 16 is provided on a central axis of core 33 of wall 30.
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 Huang to substitute the ceramic heater of Sato for the heater of Huang as a simple substitution of one known element for another to obtain predictable results; MPEP2143(I)(B). In this case, the ceramic heater of Sato was known to heat a liquid and would predictably function the same way to heat the water when substituted in place of the heater of Huang.
In modifying the invention of Huang to have the ceramic heater of Sato, the ceramic heater is penetrating the wall via the base-end portion which includes the electrical wire penetrating the wall to connect to and supply electrical power to the distal-end portion of the ceramic heater and the electrical wire of the base-end portion is located outside the internal space as claimed.
Regarding claim 3, Huang in view of Sato teaches all that is claimed in claim 2 above and Huang further teaches the wall and the ceramic heater are in close contact with each other without a gap therebetween (as seen in Fig. 2, wall 30 and each of 36 are in close contact with each other without a gap therebetween).
Regarding claim 5, Huang in view of Sato teaches all that is claimed in claim 1 above and Huang further teaches a plurality of the ceramic heaters extending in the front-rear direction apart from each other (as seen in Figs. 1-2, there is a plurality of 36 extending in the front-rear direction spaced 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 (with reference to Fig. 1 and per col 2 lines 5-29, tube 23 extends into heating chamber 22 from partition wall 200; an opening in lowermost end, i.e., front end, of tube 23 communicates with heating chamber 22, and a through hole 201 is defined in partition wall so reservoir 21 communicates with heating chamber 22, and 201 communicates with 23 and with 22; cool water is supplied via supply pipe 31 to heating chamber 22, cool water flows into 23 to be heated by plurality of 36 and then flows through 201 into reservoir 21, the hot water in reservoir 21 can be sent to a tap through the discharge pipe 32 and outlet 35 in 30; as the flow path of water flows through 23, the flow path flows around and between at least two of 36).
Regarding claim 6, Huang in view of Sato teaches all that is claimed in claim 5 above and Huang further teaches an axial direction (labeled in annotated Fig. 1) of an end part (base, i.e., end part, 30 in Fig. 1; axial direction is along central axis of 30) facing the internal space (30 faces internal space 22 in Fig. 1), of the flow path (at least part of flow path is along axial direction in annotated Fig. 1), is along the front-rear direction (axial direction is along the front-rear direction in annotated Fig. 1).
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Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang 6321036 in view of Sato et al. 20120183281 as applied to claim 1 above and further in view of Ihle et al. 20120175149.
Regarding claim 4, Huang in view of Sato teaches 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 [0003] that media or components can be heated by means of thermal contact with materials that have a positive temperature coefficient of electrical resistance (PTC materials). Ihle further teaches a heating module shown in Figs. 1-3 which can be used, for example, as a through-flow heater or as a connecting element in a heating system which efficiently heats a medium that is made to pass through the inner tube and/or around the outer tube per [0067] and this module includes a filling material of ceramic PTC material per [0057], i.e., the heating module is a ceramic heater. The outer diameter of the ceramic heater is not greater than 5 mm (per [0043] the diameter of the functional module, i.e., ceramic heater, comprises an inside diameter and an outside diameter and the inside diameter may be 1 mm and give an outside diameter of 3.6 mm if the wall thickness of the inner tube is 0.3 mm, of the molded object is 0.5 mm and of the outer tube is 0.5 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 Huang in view 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 the liquid and is within the ability of one of ordinary skill in the art.
Conclusion
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./Examiner, Art Unit 3741
/LORNE E MEADE/Primary Examiner, Art Unit 3741