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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”), such as releasable fixing means in claim 10 are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: resistive element intended for generating heat in claims 1 and 15.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
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.
Claims 1-15 are 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.
Claims 1, 12 and 15 recites the word “it” without specifying what is being referred by it.
Claims 1 and 15 recites “give rise to the severing of the conductive element”. The scope of giving rise to the severing of the conductive element is unclear.
Claims 2-14 are also rejected under 35 U.S.C. 112(b) by virtue of their dependency on claim 1.
Claim 8 recites “the support” without a proper antecedent basis.
Claim 9 recites “the current density for feeding the resistive element causes a negligible heating effect”. A current density for feeding a resistive element would definitely cause some heating. However, it is unclear what degree of heating can be considered negligible because the word negligible is subjective. The specification also fails to set a standard to determine what is negligible and what is not negligible.
Claim 15 recites “the first end and the second end” without proper antecedent basis.
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) 1-4, 9-11 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoneda (U.S. Pre-Grant Publication No. 2015/0340182).
As per claim 1, Yonedia discloses a heating plate, comprising: a substrate (102; figure 5) with a first face (lower surface shown; figure 5) intended for being in contact with a thermal fluid to be heated (this limitation only deals with intended use and the manner of operating the device does not differentiate apparatus claim from the prior art; see MPEP 2114), and a second face opposite the first face (upper surface shown; figures 5); a resistive element (121) arranged on the substrate (102; figures 5, 6) intended for generating heat in order to heat the thermal fluid; a power supply input port (104a; figure 2A) and an output port (121) to provide a power supply to the resistive element (as shown; figure 2A); a conductive element extending between a first end and a second end, the conductive element being made of a meltable material with a preestablished melting temperature (meltable conductor 108 having one end in contact with electrode 104 and opposing end in contact with electrode 106; figure 5); and wherein the first end of the conductive element is electrically connected to the resistive element and the second end of the conductive element is connected to a power supply input port or output port (one end of meltable conductor 108 is connected to resistor 121 and another end of meltable conductor 108 is connected to terminal 104a; figure 2A), such that the conductive element permits two states: a first operative state establishing electrical continuity between the first end and the second end (as shown; figure 2A); and a second cutoff state wherein the conductive element has been melted because it reached the melting temperature or a temperature higher than the melting temperature, giving rise to the severing of the conductive element, preventing the passage of current (as shown; figure 2B).
As per claim 2, Yoneda discloses a heating plate according to claim 1, and further discloses wherein the conductive element is spaced from the substrate (conductor 108 is shown to be spaced from substrate 102 via electrodes 104 and 106; figure 5).
As per claim 3, Yoneda discloses a heating plate according to claim 1, and further discloses wherein between the first end of the conductive element and the resistive element there is a first conductive support element, and between the second end of the conductive element and the resistive element there is a second conductive support element (electrode 104 at one end of meltable conductor 108 and electrode 106 at the opposite end of meltable conductor 108, electrodes 104 and 106 are sandwiched between meltable conductor 108 and resistor 121; figure 5).
As per claim 4, Yoneda discloses a heating plate according to claim 3, and further discloses wherein the first support element, the second support element, or both are depositions of a metallic material provided by spraying or by melting the metallic material (electrodes 104 and 106 are made of copper; paragraph [0045]; the claim deals with a product-by-process and the patentability does not depend on its method of production; see MPEP 2113).
As per claim 9, Yoneda discloses a heating plate according to claim 1, and further discloses wherein the conductive element is a metallic bar (conductor 106 is made of Sn and is in a form of a bar; figures 4, 5) or wire rope with a section adapted for the power supply such that the current density for feeding the resistive element causes a negligible heating effect (this limitation only deals with intended use and the manner of operating the device does not differentiate apparatus claim from the prior art; see MPEP 2114).
As per claim 10, Yoneda discloses a heating plate according to claim 1, and further discloses wherein the conductive element has releasable fixing means which allow the replacement thereof when the conductive element has reached the second cutoff state (conductor 108 has a low melting point and therefore allows to remove conductor 108 by melting; paragraph [0047]).
As per claim 11, Yoneda discloses a heating plate according to claim 1, and further discloses wherein the substrate (102) is a flat plate (as shown; figure 5).
As per claim 15, Yoneda discloses a method of protection of a heating plate, the heating plate comprising: a substrate (102; figure 5) with a first face (lower surface shown; figure 5) intended for being in contact with a thermal fluid to be heated (this limitation only deals with intended use and the manner of operating the device does not differentiate apparatus claim from the prior art; see MPEP 2114), and a second face opposite the first face (upper surface shown; figures 5); a resistive element (121) arranged on the substrate (102; figures 5, 6) intended for generating heat in order to heat the thermal fluid; a power supply input port (104a; figure 2A) and an output port (121) to provide a power supply to the resistive element (as shown; figure 2A); the method comprising the steps of: interposing between a supply port and the resistive element a conductive element made of a meltable material with a preestablished melting temperature for protection against the excessive rise in temperature (meltable conductor 108 between terminal 104a and resistor 121; figure 2A); in the operating mode, feeding the resistive element through the conductive element such that the conductive element permits two states: a first operative state establishing electrical continuity between the first end and the second end (as shown; figure 2A); a second cutoff state wherein the conductive element has been melted because it reached the melting temperature or a temperature higher than the melting temperature, giving rise to the severing of the conductive element, preventing the passage of current (as shown; figure 2B).
Claim(s) 1, 2, 5-8, 10-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deenen (U.S. Pre-Grant Publication No. 2013/0168379).
As per claim 1, Deenen (U.S. Pre-Grant Publication No. 2013/0168379) discloses a heating plate, comprising: a substrate (20; figure 5a) with a first face (upper surface shown; figures 5a, 5b) intended for being in contact with a thermal fluid to be heated (liquid in channel 22; paragraph [0049]), and a second face opposite the first face (lower surface shown; figures 5a, 5b); a resistive element (6) arranged on the substrate intended for generating heat in order to heat the thermal fluid; a power supply input port and an output port to provide a power supply to the resistive element (there is an electrical supply to the heating element 6, i.e., inherently having an input port and an output port to complete the electrical circuit; paragraph [0074]); a conductive element extending between a first end and a second end, the conductive element being made of a meltable material with a preestablished melting temperature (thermal fuse 105 inherently having a meltable material extending from one end to another end); and wherein the first end of the conductive element is electrically connected to the resistive element and the second end of the conductive element is connected to a power supply input port or output port (thermal fuse 105 is electrically connected to the resistive track 6 and allows to disconnect the electrical supply in case of the overheat condition, i.e., one end of thermal fuse 105 electrically connected to resistive track 6 and another end connected to a power supply; paragraphs [0074], [0075]), such that the conductive element permits two states: a first operative state establishing electrical continuity between the first end and the second end; and a second cutoff state wherein the conductive element has been melted because it reached the melting temperature or a temperature higher than the melting temperature, giving rise to the severing of the conductive element, preventing the passage of current (thermal fuse 105 acts to disconnect the electrical supply to the assembly in case of an overheat condition, i.e., thermal fuse 105 establishing electrical continuity when not overheated; paragraph [0096]).
As per claim 2, Deenen discloses a heating plate according to claim 1, and further discloses wherein the conductive element is spaced from the substrate (thermal fuse 105 is spaced from plate 20 via resistive track 6; figure 5b; paragraph [0075]).
As per claim 5, Deenen discloses a heating plate according to claim 1, and further discloses wherein the resistive element is installed on the second face of the substrate (as shown, resistive elements 6 are on the lower surface of plate 20; figure 5a).
As per claim 6, Deenen discloses a heating plate according to claim 1, and further discloses wherein the substrate is a metallic plate with a dielectric coating at least on the face on which the resistive element is located (insulating layer 25 shown between plate 20 and resistor 6; paragraph [0049]; figures 5a, 5b).
As per claim 7, Deenen discloses a heating plate according to claim 1, and further discloses wherein the resistive element is one or more flat tracks (resistor track 6 shown to have flat faces; figures 5a, 5b).
As per claim 8, Deenen discloses a heating plate according to claim 7, and further discloses wherein the resistive element is a resistive metallic coating provided by spraying metallic particles onto the support (resistor track 6 applied by the thick film technique, i.e., at least having metal oxides deposited on a substrate; paragraph [0042]).
As per claim 10, Deenen discloses a heating plate according to claim 1, and further discloses wherein the conductive element has releasable fixing means which allow the replacement thereof when the conductive element has reached the second cutoff state (as shown, thermal fuse 105 is a removable element; figure 7a).
As per claim 11, Deenen discloses a heating plate according to claim 1, and further discloses wherein the substrate is a flat plate (as shown; figure 5a, 5b).
As per claim 12, Deenen discloses a heating plate according to claim 1, and further discloses wherein the first end of the conductive element, the second end of the conductive element, or both comprise a dielectric coating to prevent electric arcs with the molten material of the conductive element when it has reached the second state (insulator 107 between an end of thermal fuse 105 and heating element 6; paragraph [0096]).
As per claim 13, Deenen discloses a heating device, comprising: an inlet for a thermal fluid (111; figure 6a); an outlet for a thermal fluid (112); a first chamber (defined by channel 22) in fluid communication with the inlet for the thermal fluid and the outlet for the thermal fluid (inlet aperture 111 and outlet aperture 112 connected to channel 22; paragraph [0068]); the heating plate according to claim 1 positioned with the first face oriented towards a first chamber (as shown; figure 5a).
As per claim 14, Deenen discloses the heating device according to claim 13, and further discloses a second chamber that is leak-tight with respect to the first chamber, wherein the second face is oriented towards the second chamber intended for housing elements subjected to electrical charges (housing 104 forms a cavity that is separated from channel 22 via substrate 20 and heating resistor track 6, mounted on the lower surface (second face) of substrate 20, is capable of heating components within housing 104; figure 5a, 6).
As per claim 15, Deenen discloses a method of protection of a heating plate, the heating plate comprising: a substrate (20; figure 5a) with a first face (upper surface shown; figures 5a, 5b) intended for being in contact with a thermal fluid to be heated (liquid in channel 22; paragraph [0049]), and a second face opposite the first face (lower surface shown; figures 5a, 5b); a resistive element (6) arranged on the substrate intended for generating heat in order to heat the thermal fluid; a power supply input port and an output port to provide a power supply to the resistive element (there is an electrical supply to the heating element 6, i.e., inherently having an input port and an output port to complete the electrical circuit; paragraph [0074]); the method comprising the steps of: interposing between a supply port and the resistive element a conductive element made of a meltable material with a preestablished melting temperature for protection against the excessive rise in temperature (thermal fuse 105 inherently having a meltable material); in the operating mode, feeding the resistive element through the conductive element such that the conductive element permits two states: a first operative state establishing electrical continuity between the first end and the second end;
a second cutoff state wherein the conductive element has been melted because it reached the melting temperature or a temperature higher than the melting temperature, giving rise to the severing of the conductive element, preventing the passage of current (thermal fuse 105 acts to disconnect the electrical supply to the assembly in case of an overheat condition, i.e., thermal fuse 105 establishing electrical continuity when not overheated; paragraph [0096]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Boertjens (U.S. Patent No. 6,150,633) teaches a resistive heater for heating a fluid chamber.
Hermida Dominguez (U.S. Patent No. 11,571,950) teaches a heating device for heating a fluid chamber in an electric vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG K KIM whose telephone number is (571)272-1324. The examiner can normally be reached Monday - Friday 8:30 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Courtney Heinle can be reached at (571)270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANG K KIM/Primary Examiner, Art Unit 3745