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 .
Response to Amendment
The Amendment filed on 4/22/2026 has been entered. Claim 2 was canceled. Claims 1 and 3-15 remain pending in the application. Applicant’s amendments to the Claims have overcome each and every 112(b) rejections.
Response to Arguments
Applicant's arguments filed on 4/22/2026 have been fully considered but they are not persuasive.
Applicant asserts that both Yoneda (U.S. Pre-Grant Publication No. 2015/0340182) and Deenen (U.S. Pre-Grant Publication No. 2013/0168379) fails to teach the claimed limitation “wherein the conductive element is spaced from the substrate such that heat transfer between the substrate and the conductive element occurs through conduction at the ends of the conductive elements or by convection through the medium surrounding the conductive element.”
The Examiner respectfully disagrees. The broadest reasonable interpretation of the abovementioned claim limitation is:
there is a space between the substrate and the conductive element; AND
there is thermal conduction between the substrate and ends of the conductive element; OR
there is thermal convection between the substrate and the conductive element via fluid surrounding the conductive element.
For Yoneda, it is clearly shown in figure 5 that Yoneda’s conductive element 108 is spaced by electrodes 104 and 106, and because the electrodes 104 and 106 are both in contact with the ends of the conductive element 108 and substrate 102, the conductive element 108 is in thermal conduction to substrate 102 at its ends via electrodes 104 and 106. Furthermore, the surrounding air within the enclosure shown in figure 5 would attribute thermal convection to the conductive element 108.
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For Deenen, thermal fuse 105 (conductive element) is in electrical connection with resistive track 6, which is directly on plate 20 (substrate) (paragraph [0075]). Applicant’s Remark’s page 8 admits this is true. A thermal fuse is inherently a conductor that extends between two ends wherein the conductor melts when it causes excessive heat in the electrical circuitry. Therefore, inherently, the two ends of Deenen’s thermal fuse 105 is also in heat transfer via conduction with the substrate 20. It should be noted that Deenen’s thermal fuse 105 is spaced from substrate 20 at least by insulator 107 shown in figure 6a. Furthermore, Deenen teaches the main housing 104 incorporates housing 106 which is the housing for fuse 105 (paragraph [0064]). Main housing is directly above the flow through heater sub assembly 115 having the substrate 20 (paragraph [0060], [0061]; figure 6a). There will be inherently atmospheric air within the main housing which surround thermal fuse 105 to establish heat transfer from the substrate and the fuse via convection.
For these reasons, both Yoneda and Deenen teach wherein the conductive element is spaced from the substrate such that heat transfer between the substrate and the conductive element occurs through conduction at the ends of the conductive elements or by convection through the medium surrounding the conductive element.
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, 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); 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) such that heat transfer between the substrate and the conductive element occurs through conduction at the ends of the conductive element (see annotated figure 5 below) or by convection through the medium surrounding the conductive element (inherently, the surrounding air within the enclosure shown in figure 5 would attribute thermal convection to the conductive element 108).
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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 melting of the conductive element is not caused by the passage of current therethrough (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); 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) such that heat transfer between the substrate and the conductive element occurs through conduction at the ends of the conductive element (see annotated figure 5 above) or by convection through the medium surrounding the conductive element (inherently, the surrounding air within the enclosure shown in figure 5 would attribute thermal convection to the conductive element 108); 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 the conductive element 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, 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 the conductive element 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]), 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]) such that heat transfer between the substrate and the conductive element occurs through conduction at the ends of the conductive element (thermal fuse 105 (conductive element) is in electrical connection (also thermal connection inherently) with resistive track 6, which is directly on plate 20 (substrate), i.e., the two ends of thermal fuse 105 are also in conductively connected to plate 20; (paragraph [0075]) or by convection through the medium surrounding the conductive element (the main housing 104 incorporates housing 106 which is the housing for fuse 105, paragraph [0064]; main housing is directly above the flow through heater sub assembly 115 having the substrate 20, paragraph [0060], [0061], figure 6a; there will inherently be atmospheric air within the main housing which surround thermal fuse 105 to establish heat transfer from the substrate and the fuse via convection).
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 substrate (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 the conductive element 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); 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]) such that heat transfer between the substrate and the conductive element occurs through conduction at the ends of the conductive element (thermal fuse 105 (conductive element) is in electrical connection (also thermal connection inherently) with resistive track 6, which is directly on plate 20 (substrate), i.e., the two ends of thermal fuse 105 are also in conductively connected to plate 20; (paragraph [0075]) or by convection through the medium surrounding the conductive element (the main housing 104 incorporates housing 106 which is the housing for fuse 105, paragraph [0064]; main housing is directly above the flow through heater sub assembly 115 having the substrate 20, paragraph [0060], [0061], figure 6a; there will inherently be atmospheric air within the main housing which surround thermal fuse 105 to establish heat transfer from the substrate and the fuse via convection); 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 the conductive element 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
THIS ACTION IS MADE FINAL. 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 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
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