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 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 13 is 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.
Claim 13 recites “the nozzles are brazed to the first housing part and the fins are brazed to the second housing part, and wherein the first housing part, the second housing part, the fins and the nozzles are made of an aluminum alloy”. There is insufficient antecedent basis regarding this claim limitations.
Claim Rejections - 35 USC § 102
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) 1-2 and 5-6 is/are rejected under 35 U.S.C. 102 a1 as being anticipated by Schöneich et al. (US 20220377877).
Regarding claim 1, Schöneich et al. discloses “a flow heater” ([0036], i.e., fluid heater 1), comprising:
“a housing” (2 pointed at a housing) having an inlet and an outlet” ([0036], i.e., the fluid connection 10 may be configured as an inlet and fluid connection 12 as an outlet); and
“an electrical heating resistor provided as conductive tracks” (figs.3-4, 24 pointed at the heating circuit. [0043], i.e., heating lines of the two heating circuits 24, 26 formed by conducting paths);
wherein “the housing comprises a first housing part” (fig.1, 6 pointed a first housing part) “made of a deep drawn sheet of metal” ([0037], i.e., for example, the housing components may be made of suitably coated plastic or a suitable metal alloy. Examiner noted the housing part is made of metal. With respect to “a deep drawn sheet” is considered as product by process. MPEP 2113, i.e., "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production.) and “a second housing part” (fig.2, 4 and 8) “made of a sheet of metal” ([0037], i.e., for example, the housing components may be made of suitably coated plastic or a suitable metal alloy. Examiner noted the housing part is made of metal.); and
wherein “the conductive tracks” (24 pointed at the heating tracks or heating lines 58) are arranged on “the first housing part and/or the second housing part” (fig.2 shows conductive tracks 24 are arranged on the second housing part 4 and 8).
Regarding claim 2, Schöneich et al. discloses “the heating resistor” (14) “is provided on a dry side of one of the housing parts” (the dry side of upper housing part 6).
Regarding claim 5, Schöneich et al. discloses “the inlet and the outlet are provided on the first housing part” (the inlet and the outlet 10 and 12 are provided on the first housing part 4 and 8).
Regarding claim 6, Schöneich et al. discloses “the heating resistor” (14) is provided on “the second housing part” (examiner interprets that the device 1 can be position at different orientations because it is portable and does not fixed on any object (such as ground) so that the first housing part 6 can be used to support the second housing part includes the heating resistor 14. In that configuration the heating resistor is on the second housing part).
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schöneich et al. (US 20220377877) in view of Friedberg (US 2798928).
Regarding claim 3, Schöneich et al. discloses “the first housing part and the second housing part are connected” (fig.1 shows first housing (6 pointed a first housing part) and the second housing part (fig.1, 4 and 8) are connected)
Schöneich et al. is silent regarding the parts are connected by brazing.
Friedberg teaches “the parts are connected by brazing” (col.1 at lines 60-65, i.e., the housing is brazed or welded to the flange 13 of a mounting plate 14). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Schöneich et al. with Friedberg, by adding Friedberg’s brazing process to connect Schöneich et al.’s housing parts, to connects metal part securely.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schöneich et al. (US 20220377877) in view of Kachelhoffer et al. (US 20210054819).
Regarding claim 4, Schöneich et al. discloses all the features of claim limitations as set forth above except for “the second housing part carries fins protruding into an interior volume of the housing”.
Kachelhoffer et al. teaches “the second housing part” (34) “carries fins protruding into an interior volume of the housing” ([0031], i.e., The receiving pockets 30 thus form cooling fins which are at least partially exposed on the outside of the housing 4 so that the housing 4 itself is configured as a heat sink. Fig.2 shows the receiving pockets 30, designed as cooling fins (inward protrusions around 30a, 30b, 30c and 30d), then radiate the heat to the surroundings). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Schöneich et al. with Kachelhoffer et al., by modifying Schöneich et al.’s bottom housing according to Kachelhoffer et al.’s bottom housing includes fins, to dissipate heat to prevent overheating.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schöneich et al. (US 20220377877) in view of Bohlender et al. (US 20120087642).
Regarding claim 7, Schöneich et al. discloses all the features of claim limitations as set forth above except for the second housing part has a cut-out through which an electrical connector protrudes that is electrically connected to the heating resistor.
Bohlender et al. teaches “the second housing part” (2) has “a cut-out through” (fig.1 shows one side of the second housing part 2 has a cut out through) which “an electrical connector” (20) protrudes that is electrically connected to “the heating resistor” ([0038] a plurality of plug elements 22, which provide an electrical contact between electrical conductive paths provided in the two housings 2, 4 and the conductive paths of the assembled conductor board 14. Fig.5 shows 22 connects to heating elements 24). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Schöneich et al. with Bohlender et al., by adding Bohlender et al.’s opening and electrical connectors to Schöneich et al.’s second housing part, to allow electrical connection to the heating element.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schöneich et al. (US 20220377877) in view of Kominami et al. (US 20160069588).
Regarding claim 8, Schöneich et al. discloses “a circuit board” (14).
Kominami et al. teaches “an outer housing” (3 and 4), wherein “the housing” (fig.5, 12 includes upper housing 41 and lower housing 40) and “the circuit board” (44) are enclosed by “the outer housing” (3 and 4). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Schöneich et al. with Kominami et al., by adding Kominami et al.’s outer housing to enclosed Kominami et al.’s housing, to provide protection for the control circuit and prevent leakage at outlet and inlet with gasket 53 provided.
Regarding claim 9, modified Schöneich et al. discloses “the outer housing is a two-part housing comprising a first outer housing part and a second outer housing part” (Kominami et al., 3 and 4).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schöneich et al. (US 20220377877) in view of Kominami et al. (US 20160069588) as applied in claims 8-9 above, and further in view of Bohlender et al. (US 20120087642).
Regarding claim 10, modified Schöneich et al. discloses “the outer housing” (Kominami et al., 3 and 4)
Modified Schöneich et al. is silent regarding the outer housing is made of plastic.
Bohlender et al. teaches “the outer housing is made of plastic” ([0016] In particular with the formation of the housing in plastic). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Schöneich et al. with Bohlender et al., by modifying Schöneich et al.’s housing material according to Bohlender et al.’s housing material, to provide corrosion resistance and better insulation than traditional metal units.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schöneich et al. (US 20220377877) in view of Bohlender et al. (US 20120087642) as applied in claim 7 above, and further in view of Niederer et al. (US 2008/0000889) and Thomas et al. (US 2018/0193185).
Regarding claim 11, modified Schöneich et al. discloses “the circuit board is connected to the “heating resistor” ([0047], i.e., The control of the individual heater plate elements 24 can be realised by a uniform controller with a uniform control housing 10) 14) by “pins” (figs.8-9, 22) inserted into “holes of the circuit board” (14).
Modified Schöneich et al. is silent regarding the connector is connected to the heating resistor by soldering or brazing.
Niederer et al. teaches “the connector” (38 and 40) is connected to the heating resistor” (said contact receptacles 38 are formed by bent and pre-tensed extension section receptacles 40 that hold the extension sections 26. Examiner noted that fig.4 shows heating resistor 18 includes the connection tab 26 which is connected to 40)
The combination of modified Schöneich et al. and Niederer et al. is silent regarding soldering or brazing between two objects.
Thomas et al. teaches “soldering or brazing between two objects” ([0136], i.e., electrical contacts 1128 that solder to the heating elements included in the heating unit 202-12). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further modify Schöneich et al. with Thomas et al., by adding solder to connect Schöneich et al.’s heating resistor and connector, to properly secure electrical connection point.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schöneich et al. (US 20220377877) in view of Bohlender et al. (US 20120087642) and Niederer et al. (US 2008/0000889) and Thomas et al. (US 2018/0193185) as applied in claim 7 above, and further in view of Young (US 4792688), Kachelhoffer et al. (US 20210054819), Naicker et al. (US 2018/0328624), Ding et al. (US 11712945) and Corrigall (US 3590212).
Regarding claim 13, modified Schöneich et al. discloses “the nozzles” (10 and 12) are connected to the first housing part, wherein the first housing part, the second housing part, the fins and the nozzles are made of a material.
Modified Schöneich et al. is silent regarding the nozzles comprising object A brazed to the first housing part comprising object B and the fins are brazed to the second housing part, and wherein a material is aluminum alloy for the first housing part, the second housing part, the fins and the nozzles.
Young teaches “object A brazed to object B” (col.4 at lines 46-47, i.e., brazed to connect the nozzle sectors together). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further modify Schöneich et al. with Young, by adding Young’s brazed connection to connect Schöneich et al.’s nozzles and first housing part, to provide secure and sturdy connection.
Kachelhoffer et al. teaches “the fins” ([0031], i.e., The receiving pockets 30 thus form cooling fins which are at least partially exposed on the outside of the housing 4 so that the housing 4 itself is configured as a heat sink. Fig.2 shows the receiving pockets 30, designed as cooling fins (inward protrusions around 30a, 30b, 30c and 30d), then radiate the heat to the surroundings) are connected 34). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Schöneich et al. with Kachelhoffer et al., by modifying Schöneich et al.’s bottom housing according to Kachelhoffer et al.’s bottom housing includes fins, to dissipate heat to prevent overheating.
Kachelhoffer et al. is silent the regarding the fins comprising object A brazed to the second housing part comprising object B.
Naicker et al. teaches “object A brazed to object B” ([0074] FIG. 7a shows an isometric view of a set of fins brazed to a rectangular ceramic heater element). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Schöneich et al. with Naicker et al., to provide sturdy connection between objects.
Ding et al. teaches “a material is aluminum alloy” (col.14 at lines 40-45, i.e., the first and second housings are formed by pressing aluminum) for the first and second housing parts. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Schöneich et al. with Ding et al., by modifying Schöneich et al.’s housing material according to Ding et al.’s housing material, to provide light weight build and strong resistance to rust.
Corrigall teaches “a material is aluminum alloy” (claim 3, i.e., Making said nozzle of aluminum) for nozzle. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Schöneich et al. with Corrigall, by modifying Schöneich et al.’s nozzle material according to Ding et al.’s nozzle material, to provide light weight build and strong resistance to rust.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schöneich et al. (US 20220377877) in view of Bohlender et al. (US 20120087642).
Regarding claim 14, Schöneich et al. discloses “a flow heater” ([0036], i.e., fluid heater 1), comprising:
“a housing” (2 pointed at a housing) having an inlet and an outlet” ([0036], i.e., the fluid connection 10 may be configured as an inlet and fluid connection 12 as an outlet); and
“an electrical heating resistor” (figs.3-4, 24 pointed at the heating circuit. [0043], i.e., heating lines of the two heating circuits 24, 26 formed by conducting paths);
wherein “the housing comprises a first housing part” (fig.1, 6 pointed a first housing part) “made of a deep drawn sheet of metal” ([0037], i.e., for example, the housing components may be made of suitably coated plastic or a suitable metal alloy. Examiner noted the housing part is made of metal. With respect to “a deep drawn sheet” is considered as product by process. MPEP 2113, i.e., "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production.) and “a second housing part” (fig.2, 4 and 8) “made of a sheet of metal” ([0037], i.e., for example, the housing components may be made of suitably coated plastic or a suitable metal alloy. Examiner noted the housing part is made of metal.); and
wherein “the heating resistor arranged as the conductive tracks” (24 pointed at the heating tracks or heating lines 58) on “the first housing part and/or the second housing part” (fig.2 shows conductive tracks 24 are arranged on the second housing part 4 and 8).
Schöneich et al. is silent regarding the second housing part having a cut-out through which an electrical connector protrudes that is electrically connected to the heating resistor.
Bohlender et al. teaches “the second housing part” (2) has “a cut-out through” (fig.1 shows one side of the second housing part 2 has a cut out through) which “an electrical connector” (20) protrudes that is electrically connected to “the heating resistor” ([0038] a plurality of plug elements 22, which provide an electrical contact between electrical conductive paths provided in the two housings 2, 4 and the conductive paths of the assembled conductor board 14. Fig.5 shows 22 connects to heating elements 24). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Schöneich et al. with Bohlender et al., by adding Bohlender et al.’s opening and electrical connectors to Schöneich et al.’s second housing part, to allow electrical connection to the heating element.
Allowable Subject Matter
Claim 12 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY CHOU whose telephone number is (571)270-7107. The examiner can normally be reached Mon-Friday.
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/JIMMY CHOU/Primary Examiner, Art Unit 3761
