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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1 and 11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, and 11, respectively of U.S. Patent Application No.18/403,289. Although the claims at issue are not identical, they are not patentably distinct.
Regarding claims 1 and 10 of this application as compared to claims 1 and 11 of the ‘289 patent application are shown below with additional features recited in this application shown as underlined.
U.S Patent Application No. 18/403,289
1. An electric heating assembly for a consumer appliance, the electric heating assembly comprising: a sheath defining an enclosed volume along a longitudinal length between a first end portion and a second end portion; a resistive wire disposed within the enclosed volume to generate heat in response to an electrical current; and a tubular body disposed radially inward from the sheath and defining a vent channel is definedextending from a vent inlet disposed within the sheath to a vent outlet held outside of the sheath.
11. An oven appliance, comprising: a cabinet defining a cooking chamber for receiving food items for cooking; and an electric heating assembly mounted within the cabinet, the electric heating assembly comprising a sheath defining an enclosed volume along a longitudinal length between a first end portion and a second end portion, a resistive wire disposed within the enclosed volume to generate heat in response to an electrical current, and a tubular body disposed radially vent channel extending from a vent inlet disposed within the sheath to a vent outlet held outside of the sheath.
The differences between the features recited in this application are the same as those recited in the ‘289 application except that this application recites the above strike through features. However, the additional features recited in this application are obvious in view of the feature recited in the ‘289 application as the features merely recite an obvious change in shape of the working parts and would have been obvious as a mere design choice. See MPEP 2144.04(IV)(B).
Further, claims 2-9 and claims 11-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 (2-10) and claim 11 (12-18) of the ‘289 application in view of Curwick (U.S. Patent No. 5,909,535) as follows:
Regarding claim 2-9 and 11-18 Curwick discloses the features of these claims as follows:
Curwick discloses:
The electric heating assembly of claim 1, further comprising a tubular body(48) defining the radially covered vent channel (18a).
Regarding claim 3.
Curwick discloses:
The electric heating assembly of claim 2, wherein the tubular body(48, 58 26) extends longitudinally within the sheath(51 extends with sheath 12 and 18) as a cold pin of the electric heating assembly.(48, 50, 26 collectively defining a tublar body cold pin of the assembly)
Regarding claim 4.
Curwick discloses:
The electric heating assembly of claim 2, wherein a solid tip is formed on the tubular body(48, 50, 26) across a longitudinal passage defining at least a portion of the radially covered vent channel (fig. 4 including a passage shown by arrows).
Regarding claim 5.
Curwick discloses:
The electric heating assembly of claim 4, wherein the tubular body defines a plurality of radial entry passages in fluid communication with the longitudinal passage(vent outlet around 56, coaxial with the vent inlet).
Regarding claim 6.
Curwick discloses:
The electric heating assembly of claim 2, wherein the sheath is provided as a solid, non-permeable member. (12 and 18)
Regarding claim 7.
Curwick discloses:
The electric heating assembly of claim 1, wherein the radially covered vent channel (vent in 12 extending radially throughout 12)extends radially through the sheath, and wherein a wrapped collar(22) is radially aligned with the vent channel(vent 12).
Regarding claim 8.
Curwick discloses:
The electric heating assembly of claim 1, wherein the sheath (22 48, 50, 26)comprises an inner sheath(48 50 26) and an outer sheath(22 48) disposed radially outward from and overlapping at least a portion of the inner sheath(22 48 overlapping with 22 48, 26), wherein the radially covered vent channel is defined in a longitudinal gap between the inner sheath and the outer sheath(vent in fig. 4 shown with arrows).
Regarding claim 9.
Curwick discloses:
The electric heating assembly of claim 1, wherein the radially covered vent channel (vent in fig. 4 shown with arrows).is a first vent channel disposed proximal to the first end portion(vents shown in Fig 4, disposed proximal to ends), and wherein a second radially covered vent (additional vents shown with additional arrows)channel is defined proximal to the second end portion(vents extending allowing whole fig. 4) to extend from the thermally conductive electrical insulation(63) in fluid communication with an area outside of the sheath(arrows venting from 63 to outside of device shown in fig. 4).
Regarding claim 11.
Curwick discloses: The oven appliance of claim 10, wherein the electric heating assembly further comprises a tubular body(48) defining the radially covered vent channel. (18a).
Regarding claim 12.
Curwick discloses:
The oven appliance of claim 11, wherein the tubular body (48, 58 26) extends longitudinally within the sheath (51 extends with sheath 12 and 18) as a cold pin of the electric heating assembly. .(48, 50, 26 collectively defining a tublar body cold pin of the assembly)
Regarding claim 13.
Curwick discloses:
The oven appliance of claim 11, wherein a solid tip is formed on the tubular body (48, 50, 26) across a longitudinal passage defining at least a portion of the radially covered vent channel. (fig. 4 including a passage shown by arrows).
Regarding claim 14.
Curwick discloses The oven appliance of claim 13, wherein the tubular body defines a plurality of radial entry passages in fluid communication with the longitudinal passage. (vent outlet around 56, coaxial with the vent inlet).
Regarding claim 15.
Curwick discloses:
The oven appliance of claim 11, wherein the sheath is provided as a solid, non-permeable member (12 and 18)
Regarding claim 16.
Curwick discloses:
The oven appliance of claim 10, wherein the radially covered vent channel (vent in 12 extending radially throughout 12)extends radially through the sheath, and wherein a wrapped collar(22) is radially aligned with the vent channel. (vent 12).
Regarding claim 17.
Curwick discloses:
The oven appliance of claim 10, wherein the sheath comprises an inner sheath (22 48, 50, 26)and an outer sheath(48 50 26) (22 48) disposed radially outward from and overlapping at least a portion of the inner sheath(22 48 overlapping with 22 48, 26),, wherein the radially covered vent channel is defined in a longitudinal gap between the inner sheath and the outer sheath. (vent in fig. 4 shown with arrows).
Regarding claim 18.
Curwick discloses:
The oven appliance of claim 10, wherein the radially covered vent channel is a first vent channel(vent in fig. 4 shown with arrows). disposed proximal to the first end portion(vents shown in Fig 4, disposed proximal to ends),, and wherein a second radially covered vent (additional vents shown with additional arrows)channel is defined proximal to the second end portion(vents extending allowing whole fig. 4) to extend from the thermally conductive electrical insulation (63) in fluid communication with an area outside of the sheath. (arrows venting from 63 to outside of device shown in fig. 4).
Regarding claim 2-8 and 11-18, Curwick discloses that the recited features provide the benefit of a well ventilated heating element, and as such, it would have been obvious to modify the features recited in claims 1 and 11 of the ‘289 application to obtain the desirable results. Thus, the features of claims 2-8 and 11-18 would have been obvious in view of the features recited in the ‘289 application in view of Curwick and this well made rejection is proper.
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.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Curwick (U.S. Patent No. 5,909,535) in view of Schlipf (U.S. Patent Application No. 10,076,002).
Regarding claim 1.
An electric heating assembly for a consumer appliance (intended use), the electric heating assembly comprising:
Curwick discloses:
a sheath (12 and 18) defining an enclosed volume along a longitudinal length between a first end portion and a second end portion (12 and 18 defines the sheath has two ends);
a resistive wire(fig. 2, 72a-72n) disposed within the enclosed volume to generate heat in response to an electrical current; and
a thermally conductive electrical insulation (63)radially positioned between the resistive wire and the sheath (72a-72n and 12 and 18);
wherein a radially covered vent channel (48 50 26)is defined to extend from the thermally conductive electrical insulation in fluid communication with an area outside of the sheath(the tubular body is disposed within and coaxial with the sheath so that the tubular pipe is radially inward relative to the pipe, vent channel at end of 12, in fluid communication with area outside of 12).
Curtwick does not disclose:
A resistive element is a wire.
In related art, Schlipf teaches a resistive element is a wire, at col. 8, lines 15-20, and 102).
One skilled in the art would have substituted Curwick’s heating element with the wire of Schlipf as art recognized as suitable for the same purpose. See MPEP 2144.06. As such, the features of claim 1 would have been obvious to one having ordinary skill In the art.
Regarding claim 2.
Curwick discloses:
The electric heating assembly of claim 1, further comprising a tubular body(48) defining the radially covered vent channel (18a).
Regarding claim 3.
Curwick discloses:
The electric heating assembly of claim 2, wherein the tubular body(48, 58 26) extends longitudinally within the sheath(51 extends with sheath 12 and 18) as a cold pin of the electric heating assembly.(48, 50, 26 collectively defining a tublar body cold pin of the assembly)
Regarding claim 4.
Curwick discloses:
The electric heating assembly of claim 2, wherein a solid tip is formed on the tubular body(48, 50, 26) across a longitudinal passage defining at least a portion of the radially covered vent channel (fig. 4 including a passage shown by arrows).
Regarding claim 5.
Curwick discloses:
The electric heating assembly of claim 4, wherein the tubular body defines a plurality of radial entry passages in fluid communication with the longitudinal passage(vent outlet around 56, coaxial with the vent inlet).
Regarding claim 6.
Curwick discloses:
The electric heating assembly of claim 2, wherein the sheath is provided as a solid, non-permeable member. (12 and 18)
Regarding claim 7.
Curwick discloses:
The electric heating assembly of claim 1, wherein the radially covered vent channel (vent in 12 extending radially throughout 12)extends radially through the sheath, and wherein a wrapped collar(22) is radially aligned with the vent channel(vent 12).
Regarding claim 8.
Curwick discloses:
The electric heating assembly of claim 1, wherein the sheath (22 48, 50, 26)comprises an inner sheath(48 50 26) and an outer sheath(22 48) disposed radially outward from and overlapping at least a portion of the inner sheath(22 48 overlapping with 22 48, 26), wherein the radially covered vent channel is defined in a longitudinal gap between the inner sheath and the outer sheath(vent in fig. 4 shown with arrows).
Regarding claim 9.
Curwick discloses:
The electric heating assembly of claim 1, wherein the radially covered vent channel (vent in fig. 4 shown with arrows).is a first vent channel disposed proximal to the first end portion(vents shown in Fig 4, disposed proximal to ends), and wherein a second radially covered vent (additional vents shown with additional arrows)channel is defined proximal to the second end portion(vents extending allowing whole fig. 4) to extend from the thermally conductive electrical insulation(63) in fluid communication with an area outside of the sheath(arrows venting from 63 to outside of device shown in fig. 4).
Claims 10-18 are rejected under 35 U.S.C. 103 as being unpatentable over Curwick (U.S. Patent No. 5,909,535) in view of Schlipf (U.S. Patent Application No. 10,076,002) further in view of Armstrong (U.S. Patent Application Publication No. 2016/0025355).
Regarding claim 10. An oven appliance, comprising:
Curwick discloses:
a sheath (12 and 18) defining an enclosed volume along a longitudinal length between a first end portion and a second end portion (12 and 18 defines the sheath has two ends);
a resistive wire(fig. 2, 72a-72n) disposed within the enclosed volume to generate heat in response to an electrical current; and
a thermally conductive electrical insulation (63)radially positioned between the resistive wire and the sheath (72a-72n and 12 and 18);
wherein a radially covered vent channel (48 50 26)is defined to extend from the thermally conductive electrical insulation in fluid communication with an area outside of the sheath(the tubular body is disposed within and coaxial with the sheath so that the tubular pipe is radially inward relative to the pipe, vent channel at end of 12, in fluid communication with area outside of 12).
Curtwick does not disclose:
A resistive element is a wire.
a cabinet defining a cooking chamber for receiving food items for cooking; and
an electric heating assembly mounted within the cabinet, the electric heating assembly comprising
In related art, Schlipf teaches a resistive element is a wire, at col. 8, lines 15-20, and 102).
One skilled in the art would have substituted Curwick’s heating element with the wire of Schlipf as art recognized as suitable for the same purpose. See MPEP 2144.06.
In related art, Armstrong discloses:
a cabinet defining(10) a cooking chamber(14) for receiving food items for cooking; and
an electric heating assembly (46)mounted within the cabinet, the electric heating assembly comprising
Armstrong discloses that the use of the cooking chamber with the electric heating assembly provides the benefit of allowing the device ot be used to cook food items. Thus, it would have have been obvious to use the heating element of Curwick to cook food items.
As such, the features of claim 11 would have been obvious to one having ordinary skill In the art.
Regarding claim 11.
Curwick discloses: The oven appliance of claim 10, wherein the electric heating assembly further comprises a tubular body(48) defining the radially covered vent channel. (18a).
Regarding claim 12.
Curwick discloses:
The oven appliance of claim 11, wherein the tubular body (48, 58 26) extends longitudinally within the sheath (51 extends with sheath 12 and 18) as a cold pin of the electric heating assembly. .(48, 50, 26 collectively defining a tublar body cold pin of the assembly)
Regarding claim 13.
Curwick discloses:
The oven appliance of claim 11, wherein a solid tip is formed on the tubular body (48, 50, 26) across a longitudinal passage defining at least a portion of the radially covered vent channel. (fig. 4 including a passage shown by arrows).
Regarding claim 14.
Curwick discloses The oven appliance of claim 13, wherein the tubular body defines a plurality of radial entry passages in fluid communication with the longitudinal passage. (vent outlet around 56, coaxial with the vent inlet).
Regarding claim 15.
Curwick discloses:
The oven appliance of claim 11, wherein the sheath is provided as a solid, non-permeable member (12 and 18)
Regarding claim 16.
Curwick discloses:
The oven appliance of claim 10, wherein the radially covered vent channel (vent in 12 extending radially throughout 12)extends radially through the sheath, and wherein a wrapped collar(22) is radially aligned with the vent channel. (vent 12).
Regarding claim 17.
Curwick discloses:
The oven appliance of claim 10, wherein the sheath comprises an inner sheath (22 48, 50, 26)and an outer sheath(48 50 26) (22 48) disposed radially outward from and overlapping at least a portion of the inner sheath(22 48 overlapping with 22 48, 26),, wherein the radially covered vent channel is defined in a longitudinal gap between the inner sheath and the outer sheath. (vent in fig. 4 shown with arrows).
Regarding claim 18.
Curwick discloses:
The oven appliance of claim 10, wherein the radially covered vent channel is a first vent channel(vent in fig. 4 shown with arrows). disposed proximal to the first end portion(vents shown in Fig 4, disposed proximal to ends),, and wherein a second radially covered vent (additional vents shown with additional arrows)channel is defined proximal to the second end portion(vents extending allowing whole fig. 4) to extend from the thermally conductive electrical insulation (63) in fluid communication with an area outside of the sheath. (arrows venting from 63 to outside of device shown in fig. 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT G BACHNER whose telephone number is (571)270-3888. The examiner can normally be reached on Monday-Friday, 10-6 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Leonard Chang can be reached at (571) 270-3691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT G BACHNER/ Primary Examiner, Art Unit 2898
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