CTNF 18/339,378 CTNF 94696 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitation recited in claim 11 “wherein a thickening layer is applied to said additional insulation layer as a high-temperature-resistant thickening layer, wherein said heating conductors are applied directly onto said thickening layer” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. While the drawings show the “thickening layer 119”, applied to the “anodized layer 116 ”, all the drawings failed to show the “thickening layer 119” applied to the “additional insulation layer” . In fact, none of the drawings show or assign element number for “the additional insulation layer.” 06-22 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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. Specification 07-44 AIA The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: claims 1 and 14 recite, in line 3, “…wherein said carrier consists of aluminum …” and the specification only discloses that the carrier consists of aluminum alloy , for example Al 99.5 or AlMg3, (0012, 0026) which is claimed in claims 9 and 18. Thus, the specification does not give antecedence to the limitation recited in claims 1 and 14“…wherein said carrier consists of aluminum …”, as “consists of” is a closed transition phrase that excludes any other element or ingredient other than Aluminum. Thus, while the specification provides antecedence for the limitations of the carrier recited in claims 9 and 18, the specification failed to provide antecedence for the limitations of the carrier recited in claim 1 and 14 . Claim Objections 07-29-01 AIA Claim 8 is objected to because of the following informalities: this claim appears to have a typographical error in “…a thickness between 20 µm und 150 µm” meant to read “…a thickness between 20 µm and 150 µm” . Appropriate correction is required. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claims 1 – 22 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 1 , this claim recites “a method for manufacturing a heating device, wherein said heating device has a carrier …” , in lines 1 – 2, and “provision of a carrier having …” , in line 3, and it is not clear whether the two carriers in the claim are one and the same or different, as one does not reference to the other, rendering the claim indefinite. claims 2 – 22 inherit this rejection by virtue of their dependency. Regarding claims 2, 11, 15 – 17 and 20 , these claims recite “… additional insulation layer…” and it is unclear as to what “ additional” is in reference to, as there is no antecedence for “an insulation layer” prior to the introduction of the term. The term “ additional insulation layer” is ambiguous as it suggests a prior insulation layer to the heating device, rendering the claims indefinite. Regarding claims 9 and 18 , these claims depend from claims 1 and 14 respectively that recite “…wherein said carrier consists of aluminum …” and claims 9 and 18 recite “…carrier consists of an aluminum alloy Al 99.5 or AIMg3” and it is not clear whether the carrier consists of aluminum or consists of an aluminum alloy Al 99.5 or AIMg3. How can a carrier that is claimed to consist of aluminum (claims 1 and 14), consist an aluminum alloy Al 99.5 or AIMg3 (claims 9 and 18)? If the carrier consist of aluminum , shouldn’t it exclude the carrier from being or consisting of an aluminum alloy ? As “consists of” is an excluding transitional phrase, MPEP211.03. II. This renders the claims indefinite. The examiner notes the carrier is interpreted to consist of an aluminum alloy Al 99.5 or AIMg3 for the purpose of this examination. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1 – 3, 10 – 17 and 19 – 22 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Asmus et al. (US 2023/0328847 A1, foreign priority, Aug. 27, 2020) and hereinafter “Asmus” . Regarding claim 1 , Asmus discloses a method for manufacturing a heating device (a method of producing heating element 10 , (0083 – 0107 and see claims 11 – 13)) , wherein said heating device has a carrier (a substrate 15 , See FIG.1b) and at least one heating conductor applied to said carrier (heating conductors 30 , see FIG.1b) , wherein said method has the steps: provision of a carrier having a heating conductor side, wherein said carrier consists of aluminum (providing an electrically conductive substrate 15 having conductive side (first side 16) , wherein the metal foil is made from Aluminum, (0084 - 0088,0152 and see FIG.1b)), generation of an anodized layer on said heating conductor side, wherein said anodized layer is generated directly on said carrier and/or said heating conductor side (producing an anodized layer by means of an anodizing method on the aluminum substrate 15 first side 16 , (0088, see claim12 and FIG.1b) application of said at least one heating conductor above or onto said anodized layer (applying heating metal structure 30 above the anodized layer, (0093, and see FIG.1b)). Regarding claim 2 , Asmus discloses the method according to claim 1, wherein an additional insulation layer is applied to said anodized layer (an insulating layer 20 is applied to th anodized layer of the substate 15 , the insulation layer may comprise an anodized metal oxide layer, (0015, 0088, 0152, see FIG.1b)). Regarding claim 3 , Asmus discloses the method according to claim 2, wherein said additional insulation layer is generated and applied by thermal spraying as an aluminum oxide layer (the insulation layer can be formed by an aluminum oxide layer produced by means of thermal oxidation, (0088, claim 12 and see FIG.1B)). Regarding claim 10 , Asmus discloses the method according to claim 1, wherein a thickening layer is applied to said anodized layer as a high-temperature-resistant thickening layer ( the insulation layer 20 applied to the anodized layer of the substate 15 is a high-temperature-resistant insulation layer that can have a thickness of about 0.2 to 30 µm, (0011, 0030 and see FIG.1b) thus, a portion of the thickness of the insulation layer 20 that is applied to the anodized layer is a thickening layer) , wherein said heating conductors are applied directly onto said thickening layer (the conductor 30 is directly applied to the insulation/thickening layer, see FIG.1b). Regarding claim 11 , Asmus discloses 11 the method according to claim 2, wherein a thickening layer is applied to said additional insulation layer as a high-temperature-resistant thickening layer (a portion of the thickness of the high-temperature-resistant insulation layer 20 is the thickening layer, (0011, 0030 and see FIG.1b), wherein said heating conductors are applied directly onto said thickening layer (the conductor 30 is applied to the insulation/thickening layer, see FIG.1b) . Regarding claim 12 , Asmus discloses the method according to claim 10, wherein said thickening layer has a thickness between 10 µm and 100 µm (the insulation/thickening layer 20 has a thickness of about 0.2 to 30 µm (0011, 0030 and see FIG.1b)) Regarding claim 13 , Asmus discloses the method according to claim 1, wherein said at least one heating conductor is applied above said anodized layer in a thin-film method or in a thick-film method (the heating metal structure 30 above the anodized layer is applied in a thin-foil metal deposition method or printing a paste/ink metal printing method (thick-film or screen printing), (0055, 0093 and see claim 13)). Regarding claim 14 , Asmus discloses a heating device ( heating element 10, FIG.1b) with a carrier (an electrically conductive substrate 15 , See FIG.1b) and at least one heating conductor ( heating conductors 30 , see FIG.1b) , applied thereto that has been manufactured with a method according to claim 1, wherein said heating device has: said carrier with a heating conductor side, wherein said carrier consists of aluminum (the electrically conductive substrate 15 having conductive side (first side 16) , wherein the metal foil is made from Aluminum, (0152 and see FIG.1b)) , an anodized layer on said heating conductor side, wherein said anodized layer is generated directly on said carrier or onto said heating conductor side (an anodized layer by means of an anodizing method on the aluminum substrate 15 first side 16 , (0088, 0152, see claim12 and FIG.1b) , at least one said heating conductor above said anodized layer (a heating conductor 30 is formed above the insulation layer 20 , (0147 and see FIG.1b)). PNG media_image1.png 320 904 media_image1.png Greyscale Regarding claim 15 , Asmus discloses the heating device according to claim 14, wherein an additional insulation layer is applied to said anodized layer (an insulating layer 20 is applied to the anodized layer of the substate 15 , the insulation layer may comprise an anodized metal oxide layer, (0015, 0088, 0152, see FIG.1b)). Regarding claim 16 , Asmus discloses 16, the heating device according to claim 15, wherein said additional insulation layer is applied directly onto said anodized layer (the insulation layer 20 is directly applied to the anodized layer of the aluminum substrate 15 first side 16 , see FIG.1b). Regarding claim 17 , Asmus discloses the heating device according to claim 15, wherein said additional insulation layer is generated and applied by thermal spraying as an aluminum oxide layer (the insulation layer can be formed by an aluminum oxide layer produced by means of thermal oxidation, (0088, claim 12 and see FIG.1B)). Regarding claim 19 , Asmus discloses the heating device according to claim 14, wherein a thickening layer is applied to said anodized layer as a high-temperature-resistant thickening layer (a portion of the thickness of the high-temperature-resistant insulation layer 20 is the thickening layer applied to said anodized layer, (0011, 0030 and see FIG.1b)) . Regarding claim 20 , Asmus discloses the heating device according to claim 15, wherein a thickening layer is applied to said additional insulation layer (a portion of the thickness of the insulation layer 20 is the thickening layer, (see FIG.1b) . Regarding claim 21 , Asmus discloses the heating device according to claim 19, wherein said heating conductors are applied directly to said thickening layer (the heating conductor 30 is applied to the insulation/thickening layer 20, see FIG.1b) . Regarding claim 22 , Asmus discloses the heating device according to claim 19, wherein said thickening layer has a thickness between 10 µm and 100 µm (the insulation/thickening layer 20 has a thickness of about 0.2 to 30 µm (0011, 0030 and see FIG.1b)) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 4 – 9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Asmus in view of Fischer Frank (DE 102008008998 A1) and hereinafter “Frank” . Regarding claim 4 , Asmus discloses the method according to claim 1. Asmus does not explicitly teach wherein said anodized layer is generated and applied in a galvanic method and to do so said carrier is moved at least with said heating conductor side into a galvanic bath, wherein said galvanic bath has an acid electrolyte, wherein said acid electrolyte has a temperature of less than 20°C. However, Frank that relates to hard anodizing process of an aluminum alloy metal (0001 - 0004), also teaches anodizing a component in a galvanic method, wherein an aluminum substrate 30 is moved in a galvanic bath of sulfuric acid electrolyte bath 12 , wherein the electrolyte temperature is kept between 5 o C to 10 o C to form a hard anodized layer on the aluminum substrate, (0037, 0045, 0049, 0071 and see FIG.1). Further, Frank discusses that this method is advantageous in providing an anodizing process that yields a precise desired coating result that involves simple and easily reproducible steps that can be carried out with no special know-how or training in a flexible and controlled manner, (0012, 0025). Therefore, it would have been obvious of one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the generation of the anodized layer of aluminum substrate of Asmus to include moving the aluminum substrate into a galvanic bath, wherein said galvanic bath has an acid electrolyte, wherein said acid electrolyte has a temperature of less than 20°C, as such method is known to provide an anodizing process that yields a precise desired coating result with simple and easily reproducible steps that can be carried out with no special know-how or training in a flexible and controlled manner as taught in Frank. Regarding claims 5 - 8 , Asmus in view of Frank teaches the method according to claim 4, wherein said anodized layer is generated as a hard anodized layer by means of a relatively high current density (claim 5), (the anodized layer is formed as a hard anodized layer by a controlled high current density, Frank (0018, 0039 and 0044)), wherein said current density is greater than 20 mA/cm 2 or greater than 30 mA/cm 2 (claim 6), (the current density can be set to a desired specific value for example an interval of 1. 2 – 4 A/dm 2 (12 – 40 mA/cm 2 ) is set, Frank (0022)) wherein said temperature of said galvanic bath is between 0°C and 15°C (claim 7), (the temperature of the acidic electrolyte can be set to a desired temperature, for example the temperature can be set between 2.5 o C and 7 o C, Frank (0049)), wherein said anodized layer is applied with a thickness between 20 µm und 150 µm (claim 8 ), (a target hard anodized layer thickness can be set to be between 30 µm and 80 µm, Frank(0071)). Regarding claims 9 and 18 , Asmus discloses the method according to claim 1 and 14, wherein the substrate 15 can be made from an aluminum alloy, (0024 -0025, 0133, 0152). Asmus does not explicitly teach that the said carrier consists of an aluminum alloy Al 99.5 or AIMg3. However, Frank discloses the workpiece to be ionized consists of Aluminum alloy plate that preferably has more than 80% Aluminum or an Aluminum alloy group from a family of AlMg chosen for its property for a specific application (0018, 0052 – 0053). Therefore, it would have been obvious of one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the aluminum alloy substrate of Asmus to be chosen to be carrier consists of an aluminum alloy Al 99.5 or AIMg3 as selecting a known material based on its suitability for its intended purpose is considered an ordinary skill in the art that is not patentably distinguishing from the prior art, MPEP 2144.07. POSITA apprised of Frank’s teaching of selecting an aluminum alloy consisting of more than 80% aluminum or chosen from an AlMg aluminum alloy family, would easily and routinely select with a reasonable expectation of success, the carrier to be consisting of an aluminum alloy Al 99.5 or AIMg3, as doing so is considered as selection of a known material based on its suitability for its intended purpose obvious over the prior art. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DILNESSA B BELAY whose telephone number is (571)272-3136. The examiner can normally be reached M-F approx. 8:00 am - 5:30 pm EST. 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, Steven Crabb can be reached at (571)270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DILNESSA B BELAY/Examiner, Art Unit 3761 /STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761 Application/Control Number: 18/339,378 Page 2 Art Unit: 3761 Application/Control Number: 18/339,378 Page 3 Art Unit: 3761 Application/Control Number: 18/339,378 Page 4 Art Unit: 3761 Application/Control Number: 18/339,378 Page 5 Art Unit: 3761 Application/Control Number: 18/339,378 Page 6 Art Unit: 3761 Application/Control Number: 18/339,378 Page 7 Art Unit: 3761 Application/Control Number: 18/339,378 Page 8 Art Unit: 3761 Application/Control Number: 18/339,378 Page 9 Art Unit: 3761 Application/Control Number: 18/339,378 Page 10 Art Unit: 3761