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 .
Claim Objections
Claims 19-24 are objected to because of the following informalities:
In claim 19, line 4 should read in part “applying a washcoat [[is]] to an”. 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) 13-19 and 22-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mengelberg (US 2017/0218817).
In Reference to Claim 13
(See Mengelberg, Figures 9-11)
Mengelberg (Meng) discloses:
A device configured to heat an exhaust gas flowing in an exhaust gas line (See Meng, Paragraphs [0003]-[0006]), comprising:
a heating disk (15), having at least one electrical conductor (15) arranged along a conductor path, wherein air gaps (17 w/respect to all cavities) are formed between individual sections of the at least one electrical conductor (15) (See Meng, Paragraphs [0077]-[0079]);
at least one support (4); and
a support element (2), which is disk-like, to which the heating disk (15) is connected in an electrically insulated manner by the at least one support (4) (See Meng, Paragraphs [0077]-[0079] & Claims 5-7),
wherein the support element (2) has at least one web that forms a rigid holder for the at least one support (1) (See Meng, Paragraphs [0077]-[0079]), and
wherein the support element (2) has at least one cutout which is in alignment with at least one of the air gaps (17) along a main throughflow direction of the device and through which the exhaust gas can flow. (See Meng, Paragraphs [0077]-[0079]).
The Examiner notes that exhaust flows through cavities/gaps in the honeycomb (15) and then through the opens of support element (2).
In Reference to Claim 14
(See Mengelberg, Figures 9-11)
Meng discloses:
wherein the support element (2) is connected to a air guide plate (16), which is disk-like, on a side facing away from the heating disk (15), wherein the air guide plate (16) has a plurality of bores (i.e.-openings of the honeycomb) which are in alignment with the at least one cutout in the support element (2) and/or at least one of the air gaps along the main throughflow direction of the device and through which the exhaust gas can flow. (See Meng, Paragraphs [0077]-[0079]).
In Reference to Claim 15
(See Mengelberg, Figures 9-11)
Meng discloses:
wherein the support element (2) is of pot-shaped design, wherein a rim encircling in a circumferential direction extends from the support element (2) in a direction of the heating disk (15). (See Meng, Paragraphs [0077]-[0079]).
The Examiner notes that support element (2) of Fig. 10 has a rim in the circumferential direction which has a non-zero thickness and thus “extends from the support element in a direction of the heating disk (15).
In Reference to Claim 16
(See Mengelberg, Figures 9-11)
Meng discloses:
wherein the at least one web of the support element (2) has a plurality of clearances along which exhaust gas can flow through the support element (2). (See Meng, Paragraphs [0077]-[0079]).
The Examiner notes the support element (2) of Fig. 10 has gaps allows exhaust to flow to the second honeycomb.
In Reference to Claim 17
(See Mengelberg, Figures 9-11)
Meng discloses:
Wherein an end side of the heating disk (15) facing the support element (2) is spaced from the support element (2) by the at least one support (4) at a distance greater than 0. (See Meng, Paragraphs [0077]-[0079]).
The Examiner notes that an end side of the heating disk facing the support element is spaced from the support element at least by way of the thickness of the insulator (10) and as well the distance from the seat of the pin (4) within the support element (2).
In Reference to Claim 18
(See Mengelberg, Figures 9-11)
Meng discloses:
Wherein the at least one electrical conductor (15) forming the heating disk (15) is not dimensionally stable. (See Meng, Paragraph [0007]).
The Examiner notes that the electrically heatable structure will experience thermal expansion and is thus “not dimensionally stable”.
In Reference to Claim 19
(See Mengelberg, Figures 9-11)
Meng discloses:
A method for producing a device configured to heat an exhaust gas in an exhaust gas line, having a heating disk (15), a support element (2), and an air guide plate (16), comprising:
connecting the heating disk (15) to the support element (2) via at least one support (4);
applying a washcoat is to an electrical conductor (15) of the heating disk (15) (See Meng, Paragraphs [0004] & [0030] w/respect to metal catalytically coated honeycomb); and
connecting the support element (2), which is connected to the heating disk (15), to the air guide plate (16). (See Meng, Paragraphs [0076]-[0078]).
In Reference to Claim 22
(See Mengelberg, Figures 9-11)
Meng discloses:
Wherein the heating disk (15) is connected to the support element (2) by a soldering process. (See Meng, Paragraph [0050] & Claims 13 and 15).
In Reference to Claim 23
(See Mengelberg, Figures 9-11)
Meng discloses:
Wherein the support element (2) is connected to the air guide plate (16) by a welding process. (See Meng, Paragraphs [0014] & [0031]).
Claim(s) 13-19 and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ottaviani et al. (WO 2020234180).
See Ottaviani et al. (US 2022/0220876) for translation of Ottaviani et al. (WO 2020234180). All references will be made with respect to Ottaviani et al. (US 2022/0220876).
In Reference to Claim 13
(See Ottaviani, Figures 1 & 9-10)
Ottaviani et al (Otta) discloses:
A device configured to heat an exhaust gas flowing in an exhaust gas line (See Otta, Abstract), comprising:
a heating disk (3), having at least one electrical conductor (3) arranged along a conductor path, wherein air gaps (135 w/respect to slots) are formed between individual sections of the at least one electrical conductor (3) (See Otta, Paragraphs [0196]-[0199]);
at least one support (127) (See Otta, Paragraphs [0186]-[0187]); and
a support element (15,123), which is disk-like, to which the heating disk (33) is connected in an electrically insulated manner by the at least one support (127) (See Otta, Paragraphs [0186]-[0187]),
wherein the support element (15,123) has at least one web that forms a rigid holder for the at least one support (127) (See Otta, Paragraphs [0186]-[0187]), and
wherein the support element (15,123) has at least one cutout which is in alignment with at least one of the air gaps (135) along a main throughflow direction of the device and through which the exhaust gas can flow. (See Otta, Paragraphs [0186]-[0187]).
The Examiner notes that web openings at least align with slots of the heating disk to allow for exhaust flow through.
In Reference to Claim 14
(See Ottaviani, Figures 1 & 9-10)
Otta discloses:
wherein the support element (15,123) is connected to a air guide plate (17), which is disk-like, on a side facing away from the heating disk (33), wherein the air guide plate (17) has a plurality of bores (i.e.-openings of the honeycomb catalyst) which are in alignment with the at least one cutout in the support element (15,123) and/or at least one of the air gaps along the main throughflow direction of the device and through which the exhaust gas can flow. (See Otta, Paragraphs [0055]-[0059]).
In Reference to Claim 15
(See Ottaviani, Figures 1 & 9-10)
Otta discloses:
wherein the support element (15,123) is of pot-shaped design, wherein a rim encircling in a circumferential direction extends from the support element (15,123) in a direction of the heating disk (33). (See Otta, Figure 9, 15, Paragraph [0181]).
In Reference to Claim 16
(See Ottaviani, Figures 1 & 9-10)
Otta discloses:
wherein the at least one web of the support element (15,123) has a plurality of clearances along which exhaust gas can flow through the support element (15,123). (See Otta, Paragraphs [0182]-[0183]).
In Reference to Claim 17
(See Ottaviani, Figures 1 & 9-10)
Otta discloses:
Wherein an end side of the heating disk (33) facing the support element (15,123) is spaced from the support element (15,123) by the at least one support (127) at a distance greater than 0. (See Otta, Paragraph [0184]).
In Reference to Claim 18
(See Ottaviani, Figures 1 & 9-10)
Otta discloses:
Wherein the at least one electrical conductor (33) forming the heating disk (33) is not dimensionally stable. (See Otta, Paragraph [0195]).
The Examiner notes that the electrically heatable structure will experience thermal expansion and is thus “not dimensionally stable”.
In Reference to Claim 19
(See Ottaviani, Figures 1 & 9-10)
Otta discloses:
A method for producing a device configured to heat an exhaust gas in an exhaust gas line, having a heating disk (33), a support element (15,123), and an air guide plate (17), comprising:
connecting the heating disk (33) to the support element (15,123) via at least one support (127);
applying a washcoat is to an electrical conductor (33) of the heating disk (33) (See Otta, Paragraph [0071] w/respect to coating); and
connecting the support element (15,123), which is connected to the heating disk (33), to the air guide plate (17). (See Otta, Paragraphs [0055]-[0057]).
The Examiner notes that all three elements are connected to each other at least via the supports and supporting element which includes the tubular shell.
In Reference to Claim 23
(See Mengelberg, Figures 9-11)
Meng discloses:
Wherein the support element (15,123) is connected to the air guide plate (17) by a welding process. (See Otta, Paragraphs [0168]-[0170] & [0185]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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) 20-21 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mengelberg (US 2017/0218817) in view of Rosynsky et al. (US 2008/0145531).
In Reference to Claim 20
Meng discloses the claimed invention except:
wherein the washcoat is applied to the electrical conductor by a suction method or by being blown on, wherein the washcoat is placed on one end side of the heating disk and drawn through the heating disk by a suction method or is blown into the heating disk by a blowing-on process.
Rosynsky et al. (Rosy) discloses a method for washcoating a catalyst onto a honeycomb body substrate. (See Rosy, Abstract). Rosy discloses applying a wash coat via a suction method; wherein the washcoat is placed on one end side of the heating disk and drawn through the heating disk by a suction method. (See Rosy, Figure 2, Paragraphs [0033]-[0034]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the catalyst to the honeycomb heater substrate via the suction method as taught by Rosy, as both references are directed toward exhaust catalyst coated devices. One of ordinary skill in the art would have recognized that the coating process of Rosy would accurately apply the catalytic coating in an even manner to the components of Meng in a highly automated way allowing for cheaper and more reliable manufacturing. (See Rosy, Paragraph [0020]).
In Reference to Claim 21
The Meng-Rosy combination discloses:
wherein excess material of the washcoat that does not adhere to the electrical conductor of the heating disk is removed from the heating disk by being suctioned off or blown off, wherein this takes place before connecting the support element to the air guide plate. (See Rosy, Figure 2, Paragraphs [0033]-[0034]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the catalyst to the honeycomb heater substrate via the suction method as taught by Rosy, as both references are directed toward exhaust catalyst coated devices. One of ordinary skill in the art would have recognized that the coating process of Rosy would accurately apply the catalytic coating in an even manner to the components of Meng in a highly automated way allowing for cheaper and more reliable manufacturing. (See Rosy, Paragraph [0020]).
The Examiner notes that coating takes place prior to assembling the support plate to the air guide plate.
In Reference to Claim 24
Meng discloses the claimed invention except:
wherein the heating disk, which is connected to the support element, is placed into an auxiliary housing for applying the washcoat, to create a radial boundary for the washcoat and to produce a closed-off housing for blowing on or drawing in the washcoat. (See Rosy, Figure 2, Paragraphs [0033]-[0034]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the catalyst to the honeycomb heater substrate via the suction method as taught by Rosy, as both references are directed toward exhaust catalyst coated devices. One of ordinary skill in the art would have recognized that the coating process of Rosy would accurately apply the catalytic coating in an even manner to the components of Meng in a highly automated way allowing for cheaper and more reliable manufacturing. (See Rosy, Paragraph [0020]).
The Examiner notes that during manufacture the hood and bladder clamp is used to apply the washcoat via vacuum and thus produces a closed off housing for drawing on the washcoat.
Claim(s) 20-21 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ottaviani et al. (WO 2020234180) in view of Rosynsky et al. (US 2008/0145531).
In Reference to Claim 20
Otta discloses the claimed invention except:
wherein the washcoat is applied to the electrical conductor by a suction method or by being blown on, wherein the washcoat is placed on one end side of the heating disk and drawn through the heating disk by a suction method or is blown into the heating disk by a blowing-on process.
Rosynsky et al. (Rosy) discloses a method for washcoating a catalyst onto a honeycomb body substrate. (See Rosy, Abstract). Rosy discloses applying a wash coat via a suction method; wherein the washcoat is placed on one end side of the heating disk and drawn through the heating disk by a suction method. (See Rosy, Figure 2, Paragraphs [0033]-[0034]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the catalyst to the honeycomb heater substrate via the suction method as taught by Rosy, as both references are directed toward exhaust catalyst coated devices. One of ordinary skill in the art would have recognized that the coating process of Rosy would accurately apply the catalytic coating in an even manner to the components of Otta in a highly automated way allowing for cheaper and more reliable manufacturing. (See Rosy, Paragraph [0020]).
In Reference to Claim 21
The Otta-Rosy combination discloses:
wherein excess material of the washcoat that does not adhere to the electrical conductor of the heating disk is removed from the heating disk by being suctioned off or blown off, wherein this takes place before connecting the support element to the air guide plate. (See Rosy, Figure 2, Paragraphs [0033]-[0034]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the catalyst to the honeycomb heater substrate via the suction method as taught by Rosy, as both references are directed toward exhaust catalyst coated devices. One of ordinary skill in the art would have recognized that the coating process of Rosy would accurately apply the catalytic coating in an even manner to the components of Otta in a highly automated way allowing for cheaper and more reliable manufacturing. (See Rosy, Paragraph [0020]).
The Examiner notes that coating takes place prior to assembling the support plate to the air guide plate.
In Reference to Claim 24
Otta discloses the claimed invention except:
wherein the heating disk, which is connected to the support element, is placed into an auxiliary housing for applying the washcoat, to create a radial boundary for the washcoat and to produce a closed-off housing for blowing on or drawing in the washcoat. (See Rosy, Figure 2, Paragraphs [0033]-[0034]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the catalyst to the honeycomb heater substrate via the suction method as taught by Rosy, as both references are directed toward exhaust catalyst coated devices. One of ordinary skill in the art would have recognized that the coating process of Rosy would accurately apply the catalytic coating in an even manner to the components of Otta in a highly automated way allowing for cheaper and more reliable manufacturing. (See Rosy, Paragraph [0020]).
The Examiner notes that during manufacture the hood and bladder clamp is used to apply the washcoat via vacuum and thus produces a closed off housing for drawing on the washcoat.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fukuyo, Reichinger, Paulus, Pak, and Dalla Betta show exhaust heating and coating devices within the general state of the art of invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW THOMAS LARGI whose telephone number is (571)270-3512. The examiner can normally be reached 8:00 - 4:00 M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at (469) 295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW T LARGI/Primary Examiner, Art Unit 3746
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