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
Claims 1, 4-5, and 18, are amended. No claims are canceled. No claims are added. As a result, claims 1-34 remain under consideration.
The amendment to claim 4 obviates the previously indicated objection.
The amendment to claim 18 obviates the previously indicated 112(b) rejection.
Response to Arguments
Applicant's arguments filed 7/23/2026 have been fully considered but they are not persuasive.
For the 112(b) rejections, Applicant contends that:
Regarding claim 8, it would be clear to a person skilled in the art that “a geometry of the further contact is adapted to a geometry of the electrode of the PTC element” means that it refers to a relational and technical adaptation, as in “the further contact is geometrically adapted to the electrode to ensure reliable electrical and thermal coupling. This functional relationship provide an objective and technically verifiable criterion.” (See Remarks, page 8 and 9.)
Regarding claim 17, “a skilled person would readily understand whether a given PTC element falls within [a low specific resistance] category based on its material system, electrical behavior, and typical operating characteristics” such as by the significantly reduced PTC effect below the operating point and consequently the significantly reduced power consumption/inrush current at each turn-on operation “compared to more conventional HV PTCs” allowing the skilled person to “select the material based on the described performance without knowing the exact resistance.” (See Remarks, page 9.)
The Examiner respectfully disagrees regarding the Applicant’s above arguments.
Regarding claim 8, claiming a shape, such as geometry adapted to another geometry, is fundamentally different from claiming a functional relationship, such as ensuring reliable electrical and thermal coupling, and as such is not commensurate with the scope of the claims. The claims as written requires the geometry of the further contact to be adapted to a geometry of the electrode, which is a structural relationship between two parts of the invention. The structural relationship is vague in that it does not describe how the two parts should fit together in a way that is sufficient enough for a person of ordinary skill in the art to know the metes and bounds of the invention, as further described in the 112(b) rejection below. Furthermore, the claim language does not recite that the structural relationship between the two parts lead to a functional relationship of electrical and thermal coupling. If the Applicant intends for the claim to be defined by how its geometry leads to its ability to reliably couple the further contact and the electrode together electrically and thermally, Applicant must affirmatively amend the claims to recite the functional language.
Regarding claim 17, the Appellant is reminded that it is the language of the claims that defines the patentable subject matter, and in this case, the claim broadly recites “low” specific resistance PTC element especially in comparison to a “conventional” HV PTC, of which the term “conventional” is also a subjective term that is not defined in the instant specification and may change, for example, as further described in the 112(b) rejection below. Furthermore, “significantly reduced PTC effect below operating point” and “significantly reduced power consumption/inrush” are functional results described in the specification. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Additionally, a claim is indefinite if a person of ordinary skill in the art must resort to undue experimentation, such as comparing a “significantly reduced PTC effect below operating point” and “significantly reduced power consumption/inrush” against a subjective, undefined baseline such as “a conventional HV PTC”. it has been interpreted to require that the claimed invention be enabled so that any person skilled in the art can make and use the invention without undue experimentation. (See MPEP § 2164.01(a).)
Regarding claim 19, the arguments are similar to the above explanation for claim 17 and further explained in the 112(b) rejection below.
Regarding claim 34, as addressed in MPEP 2173.05(q), "Use" claims that do not purport to claim a process, machine, manufacture, or composition of matter fail to comply with 35 U.S.C. 101. In this case “A use of the PTC heating element” without reciting process or method steps fails to fall into a proper statutory category (process, machine, manufacture, or composition of matter).
For the 103 rejections, Applicant contends that:
Regarding claim 1, the Examiner has not identified any teaching in Gong that would prompt the skilled person to seek solutions in Gillissen, nor any problem recognized in Gong that Gillissen purports to solve. Further, Gong “does not refer to the positive and negative electrode layer of the respective PTC chip as being strip-shaped, rectangular, comb- shaped or formed as an interdigital structure” that “the electrode and the further contact are clearly two separate components, and the metal electrode plates 2a and 2b therefore cannot represent both the electrode on the surface of the PTC element and the further contact” and “the claimed combination of ultra-thin PTC geometry and patterned surface electrodes yields an unexpectedly and surprisingly fast thermal response and power density improvement, which cannot be predicted from Gong or Gillissen alone or in combination.”
The Examiner disagrees with the Applicant’s above arguments.
The Applicant is advised that suggestion or motivation to modify a prior art structure can be found in a reference, or reasoned from common knowledge in the art, scientific principles, art recognized equivalents, or legal precedent. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988) and In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992). In this case, the parameters of Gillissen overlap with or encompasses the parameters set forth in the claim language, as described in the 103 rejection below. Under MPEP 2144.05, when a prior art range overlaps or encompasses the claimed range, the claimed range is rendered obvious. Similarly, as described in the 103 rejection below, Gillissen teaches optimization of size and shape in order to “reduce the space the heating element takes.” Under MPEP § 2144 IV, the reason or motivation to modify the reference may often suggest what the inventor has done, but for a different purpose or to solve a different problem. It is not necessary that the prior art suggest the combination to achieve the same advantage or result discovered by applicant.
For reasons detailed herein, the Examiner maintains, based on the preponderance of evidence
that the rejections of claims 1-34 under 35 U.S.C. 103 are proper.
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 4, 8, 17, 19 and 34 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.
Regarding claim 4, the addition of “or one or more electrodes” lacks proper antecedent basis as it is unclear whether or not the “one or more electrodes” recited are the same electrodes introduced in claim 1. Furthermore, the claim language and the use of “or” introduces ambiguity to the claim as it is unclear whether “the at least one electrode” introduced in claim 1 that has been established as part of the PTC heating element is being provided on a top side and/or a bottom side of the PTC element, or a newly recited set of additional electrodes introduced as “one or more electrodes,” that may not necessarily be part of the PTC heating element, being introduced in claim 4 is being provided on a top side and/or a bottom side of the PTC element.
The term “adapted” in claim 8 is a relative term which renders the claim indefinite. It is unclear how the geometry of the further contact is “adapted” to the geometry of the electrode. Although paragraph [0035] in the specification mentions “the further contact is adapted to a geometry of the electrode… For example, the further contact is designed to be as large-area and thin as possible” and repeated in paragraph [0099], the written description merely describes the size of the contact itself and does not mention how the contact should be adapted to the geometry of the electrode. For example, are they identical or co-extensive in shape? Are they complementary in shape in that the further contact and the electrode fit together like a lock-and-key mechanism?
The term "low specific resistance" in claim 17 is a relative term which renders the claim indefinite. The term "low specific resistance" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. While paragraph [0044] in the specification lists examples of specific resistance such as “for example… < 5000 Ω cm, for example 1000 Ω cm,” merely providing examples does not establish a definitive boundary for the relative term “low.”
The term "low temperature" in claim 19 is a relative term which renders the claim indefinite. The term "low temperature" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. While paragraph [0045] and [0109] in the specification mentions advantages of using low-temperature PTC elements, “low-temperature PTC” is not a universally standardized term. PTCs can be manufactured to stabilize at a large range of “low” temperatures, especially in the context of its relative use in a vehicle, such as use inside the HVAC dashboard where higher “low” temperatures may be tolerated compared to use inside a steering wheel or seat where a lower “low” temperature threshold is a necessity due to contact with human skin.
Regarding claim 34, the recitation of “A use of the PTC heating element according to claim 1 in a motor vehicle” renders the claim indefinite as the claim merely recites a use without any active, positive steps delimiting how this use is practiced (MPEP 2173.05 (q)).
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.
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.
Claims 1, 3-6, 8-14, 16-23, 25-28, 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over Gong et al., US Patent Application Publication No. 20160264100 A1 in view of Gillissen et al., US Patent Application Publication No. 20180094434 A1.
Claim 1. Gong discloses a PTC heating element for an electric heating device comprising at least one PTC element, (Gong, Fig. 14 shows multiple PTC ceramic chips 1.)
wherein at least one electrode is provided on a surface of the PTC element for electrically contacting the PTC element, (Gong, Abstract the PCT ceramic chip includes a positive and negative electrode layer.)
at least one further contact for electrical connection of the electrode of the PTC element, (Gong, Fig. 14 shows metal electrode plate 2; [0043] “The metal electrode plate 2 includes a first metal electrode plate 2a and a second metal electrode plate 2b.”)
at least one carrier layer, the carrier layer being electrically insulating, (Gong, [0042] “As shown in Fig. 14, the PTC heating assembly includes a heating core 10, a metal tube 8 and an insulating layer 9 coated on the heating core” where the insulating layer corresponds with the carrier layer.)
the at least one electrode being strip-shaped, rectangular, comb-shaped, or formed as an interdigital structure. (Gong, Fig. 9 shows the electrodes 2a and 2b as strip-shaped and rectangular.)
Gong does not teach wherein a thickness of the PTC element is ≤ 500 μm and wherein a height of the PTC heating element is between 500 μm and 2500 μm.
Gillissen discloses wherein a thickness of the PTC element is ≤ 500 μm and (Gillissen, [0049] “In addition, the PTC composition layer has a thickness from 2.5 μm to 100 μm…” is within the claimed ≤ 500 μm range.)
wherein a height of the PTC heating element is between 500 μm and 2500 μm, (Gillissen, [0044] “…the heating element comprising a foil comprising a PTC composition has a thickness from 5 μm to 5 mm…” is within the claimed 500 μm and 2500 μm range.)
Gong and Gillissen are analogous art because they are related to the manufacturing of PTC heating elements. Gong differs from the claimed invention only in that it does not teach the thickness of the PTC element as being ≤ 500 μm or the height being between 500 μm and 2500 μm. Gillissen teaches solutions in order to reduce the space the heating element takes in order to be integrated into construction materials, such as using resistive (PTC) carbon ink in a heating element with a PTC composition layer. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to optimize the size of the PTC element and the PTC heating element as a whole using the techniques taught in Gillissen in order to “reduce the space the heating element takes” (see Gillissen, [0003]), since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (see MPEP 2144.05).
Claim 3. Modified Gong discloses the PTC heating element according to claim 1.
wherein the at least one electrode is provided in an areal manner on the surface of the at least one PTC element. (Gong, Fig. 14 shows electrode 2 covers an area of the surface of the PTC elements 1.)
Claim 4. Modified Gong discloses the PTC heating element according to claim 1.
wherein in each case the at least one electrode or one or more electrodes is provided on a top side and/or a bottom side of the PTC element and/or wherein electrodes are provided on side surfaces of the PTC element. (Gong, Fig. 14 shows electrode 2, which are comprised of electrodes 2a and 2b shown in Figs. 9 and 10 show the electrodes positioned on the top and bottom side of the PTC element 1.)
Claim 5. Modified Gong discloses the PTC heating element according to claim 1.
wherein the electrode is sputtered, galvanized, printed or doctored onto the surface of the PTC element. (Gong, [0060] “A positive and negative electrode layers are formed on the outer surfaces of the bosses 11 respectively by spraying or sputtering.”)
Claim 6. Modified Gong discloses the PTC heating element according to claim 1.
wherein the further contact is self-supporting or wherein the further contact is sputtered, printed or doctored onto the carrier layer. (Gong, Figs. 6-10 shows that the electrode plates are grooved in order to slot onto the bossed surface of the PTC ceramic chip to maintain connection, corresponding to the claimed self-supporting further contact (see Gong, [0052].)
Claim 8. Modified Gong discloses the PTC heating element according to claim 1.
wherein a geometry of the further contact is adapted to a geometry of the electrode of the PTC element. (Gong, Figs. 6-10 show the electrodes having a plurality of limit grooves 21 , so they can be electrically connected with the positive and negative electrode layers of the PTC ceramic chip 1 (see Gong, [0044] and [0052]).)
Claim 9. Modified Gong discloses the PTC heating element according to claim 1.
wherein a thickness of the further contact is ≤ 10 μm. (Gong, [0055] “A thickness of each the first and second metal electrode plates 2a and 2b is from 0.15 mm to 0.30 mm…”)
Although Gong teaches electrode plates as 0.15 mm to 0.30 mm, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to optimize the thickness of the electrode plates corresponding to the claimed further contacts. One of ordinary skill in the art would have been motivated to make such an optimization because smaller PTC components such as those inside printed heater foils reduce the space the heating element takes up when installed and eliminate the need for construction alterations that are necessary with larger heating elements (see Gillissen [0004]-[0008]), which establish the size and thickness of the PTC heating element as a result effective variable, and it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (see MPEP 2144.05).
Claim 10. Modified Gong discloses the PTC heating element according to claim 1.
wherein the at least one further contact is electrically conductively connected to the at least one electrode by means of clamping, bonding, sintering or high-temperature soldering. (Gong, [0057] “Subsequently, the metal tube 8 is treated by pressing, thus enhancing the stability of the electrical connection between the metal electrode plate 2 and the PTC ceramic chip 1, avoiding a poor contact and ensuring a safe and reliable electrical connection” where the pressing corresponds to a type of clamping, defined as “to fasten with…” or “to hold tightly” (merriam-webster.com).)
Claim 11. Modified Gong discloses the PTC heating element according to claim 1.
wherein the carrier layer comprises a ceramic material with high thermal conductivity and/or a temperature-resistant plastic. (Gong, [0058] “The insulating layer 9 may be a high temperature silica gasket or an alumina ceramic, etc. There's no special limit to the insulating layer 9, as long as with good insulation and heat conduction.”)
Claim 12. Modified Gong discloses the PTC heating element according to claim 1.
wherein the carrier layer comprises AlN, Si3N4, Al2O3, or SiC and/or wherein the carrier layer comprises polyimide or epoxy resin. (Gong, [0058] “The insulating layer 9 may be a high temperature silica gasket or an alumina ceramic, etc. There's no special limit to the insulating layer 9, as long as with good insulation and heat conduction.”)
Claim 13. Modified Gong discloses the PTC heating element according to claim 1.
wherein the carrier layer has a thickness between 150 μm and 1000 μm. (Gillissen, [0058] “The adhesive layer (40) is used to adhere the substrate (10b) to cover the PTC composition layer. In this embodiment, the complete thickness of the layers 60 and 10a and 50 and 40 and 10b is less than 1 mm…” where the substrate corresponds with the claimed carrier layer.)
Gong differs from the claimed invention only in that it does not explicitly disclose the thickness of the insulating layer 9, which corresponds to the claimed carrier layer. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the insulating layer of Gong with the thickness of Gillissen in order to optimize the thickness of the heating element as a whole since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (see MPEP 2144.05).
Claim 14. Modified Gong discloses the PTC heating element according to claim 1.
further comprising at least one metallic layer on a surface of the carrier layer for further contacting of the PTC heating element. (Gong, [0057] “Subsequently, the metal tube 8 is treated by pressing, thus enhancing the stability of the electrical connection between the metal electrode plate 2 and the PTC ceramic chip 1, avoiding a poor contact and ensuring a safe and reliable electrical connection.”)
Claim 16. Modified Gong discloses the PTC heating element according to claim 1.
wherein the at least one PTC element comprises a ceramic material, a metallic-ceramic material or an organic-ceramic material. (Gong, Abstract the PTC heating assembly includes a plurality of PTC ceramic chips.)
Claim 17. Modified Gong discloses the PTC heating element according to claim 1.
wherein a material of the at least one PTC element has a low specific resistance. (Gong, [0048] “The ceramic sintered layer is formed by sintering PTC ceramic material, such as BaTiO3 series PTC ceramic material and/or V2O3 series PTC ceramic material” where BaTiO3 and V2O3 are standard ceramic materials that can be used in low-resistance PTC heating elements.)
Claim 18. Modified Gong discloses the PTC heating element according to claim 1.
wherein the at least one PTC element comprises a bismuth and lead-free material. (Gong, “…BaTiO3 series PTC ceramic material and/or V2O3 series PTC ceramic material” are both bismuth-free and lead-free materials as claimed.)
Claim 19. Modified Gong discloses the PTC heating element according to claim 1.
wherein the at least one PTC element is a low temperature PTC element. (Gong, [0048] “The ceramic sintered layer is formed by sintering PTC ceramic material, such as BaTiO3 series PTC ceramic material and/or V2O3 series PTC ceramic material.”)
PTC elements function to regulate temperature by increasing resistance as temperature increases and may be manufactured to have a low temperature threshold as dictated by its use in different products. As such, the BaTiO3 and V2O3 materials taught by Gong are standard ceramic materials that can be used in low-temperature PTC heating elements.
Claim 20. Modified Gong discloses the PTC heating element according to claim 1.
wherein a thickness of the PTC element is ≤ 250 μm. (Gillissen, [0049] “In addition, the PTC composition layer has a thickness from 2.5 μm to 100 μm…” is within the claimed ≤ 500 μm range.)
Claim 21. Modified Gong discloses the PTC heating element according to claim 1.
wherein the at least one PTC element and/or the at least one carrier layer is formed plane-parallel. (Gillissen, Fig. 9 shows the structure of the invention, where substrate 2 is depicted as a sheet-like layer that is “subsequently laminated together with the other layers” (see Gillissen, [0122]), the definition of “laminated” is formed of or set in thin layers (dictionary.com) which corresponds to the claimed plane-parallel formation.)
Claim 22. Modified Gong discloses the PTC heating element according to claim 21.
wherein the at least one PTC element has a plane parallelism of < 100 μm and/or wherein the at least one carrier layer has a plane parallelism of < 500 μm. (Gillissen, [0049] “In addition, the PTC composition layer has a thickness from 2.5 μm to 100 μm…” is within the claimed ≤ 500 μm range.)
The PTC composition layer which includes the substrate 2 corresponding to the carrier layer, is depicted in Fig. 9 as laminated layers. If the PTC composition layer has a thickness from 2.5 μm to 100 μm, it follows that the substrate 2 itself is within the 2.5 μm to 100 μm range.
Claim 23. Modified Gong discloses the PTC heating element according to claim 1.
wherein the at least one PTC element is at least partially embedded in the carrier layer. (Gong, [0008] the insulating layer is coated onto the heating core, which includes the electrode plates.)
Claim 25. Modified Gong discloses the PTC heating element according to claim 1.
comprising a plurality of PTC elements, (Gong, Abstract the PTC heating assembly comprises of a plurality of PTC ceramic chips.)
wherein a cavity between two successive PTC elements is filled with an electrode for electrical contacting of the respective PTC element. (Gong, Figs. 10 and 12 show the raised parts of the electrode plates 2a and 2b between limiting grooves 21 fill the space between successive PTC elements. The grooves and respective raised parts between them serve to facilitate electrical connection with the PTC element (see Gong, [0044]).)
Claim 26. Modified Gong discloses the PTC heating element according to claim 25.
wherein contacting of the respective PTC element takes place from an end face of the PTC element. (Gong, Fig. 10 shows contact occurs on the top and bottom end face of the PTC ceramic chip.)
Claim 27. Modified Gong discloses the PTC heating element according to claim 1.
comprising a plurality of further contacts, the respective further contact being in the form of a strip. (Gong, Fig. 10 shows two electrode plates, corresponding to the claimed plurality of further contacts.)
Claim 28. Modified Gong discloses the PTC heating element according to claim 27.
wherein the further contacts are provided alternately on a top side and a bottom side of the PTC elements. (Gong. Fig. 10 shows the electrode plate 21a situated on the top side and electrode 21b on the bottom side of the PTC elements.)
Claim 33. Modified Gong discloses an electric heating device comprising at least one PTC heating element according to claim 1.
at least one component with heat-emitting surfaces. (Gong, Fig. 14 shows cooling fins 4.)
Claim 34. Modified Gong discloses a use of the PTC heating element according to claim 1 in a motor vehicle. (Gong, [0002] “Exemplary embodiments of the present disclosure generally relate generally to a heating field and, more particularly, to a positive temperature coefficient heating assembly and a defroster for a vehicle.”)
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Gong et al., US Patent Application Publication No. 20160264100 A1 in view of Gillissen et al., US Patent Application Publication No. 20180094434 A1 in further view of Ogino et al., WO Patent Application Publication No. 2012004971 A1.
Claim 2. Modified Gong discloses the PTC heating element according to claim 1.
Modified Gong does not disclose wherein a lateral dimension of the PTC heating element in both directions is between 10 mm and 250 mm.
Ogino discloses wherein a lateral dimension of the PTC heating element in both directions is between 10 mm and 250 mm. (Ogino, “…the length of the heat conducting portion 8 in the depth direction is 4 mm to 10 mm.”)
Gong, Gilissen and Ogino are analogous art because they are related to the manufacturing of PTC heating elements. Modified Gong differs from the claimed invention only in that it does not explicitly disclose the lateral dimensions of the PTC heating element in either direction. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to optimize the lateral dimensions of the PTC heating element taught by Gong with the dimensions taught by Ogino. One of ordinary skill in the art would have been motivated to make such an optimization to ensure that a certain radiation temperature, which is affected by length as taught by Ogino, can be conducted to the length of the part for reasons such as keeping within “the upper limit temperature for preventing low-temperature burns.” Similarly, the length of the part in the direction perpendicular to the depth direction as taught by Ogino may affect the ability of part to be at a certain radiation temperature.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Gong et al., US Patent Application Publication No. 20160264100 A1 in view of Gillissen et al., US Patent Application Publication No. 20180094434 A1 in further view of Lim et al., US Patent Application Publication No. 20190111763 A1.
Claim 7. Modified Gong discloses the PTC heating element according to claim 1.
wherein the further contact is integrated into the carrier layer and (Gong, [0008] the insulating layer is coated onto the heating core, which includes the electrode plates.)
Modified Gong does not teach wherein the further contact is arranged ≤ 50 μm below a surface of the carrier layer.
Lim discloses wherein the further contact is arranged ≤ 50 μm below a surface of the carrier layer. (Lim, [0105] “An insulating heat radiation coating layer made of the above-described insulating heat radiation coating composition may have a thickness of 15 μm to 50 μm, and more preferably, a thickness of 15 μm to 45 μm.”)
Gong, Gillissen and Lim are analogous art because they are related to manufacturing PTC heating elements. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to optimize the thickness of the insulating layer disclosed by Gong with optimal parameters of the insulating heat radiation coating layer taught by Lim. One of ordinary skill in the art would have been motivated to make such an optimization because “when the thickness of the insulating heat radiation coating layer exceeds 50 μm, a boiling phenomenon may occur on a coating surface. When the thickness of the insulating heat radiation coating layer is less than 15 μm, heat radiation properties may be decreased”, thus the thickness of the insulating layer is a result effective variable and it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Gong et al., US Patent Application Publication No. 20160264100 A1 in view of Gillissen et al., US Patent Application Publication No. 20180094434 A1 in further view of Zoske et al., US Patent Application Publication No. 20200094654 A1.
Claim 15. Modified Gong discloses the PTC heating element according to claim 14.
Modified Gong does not explicitly disclose wherein the metallic layer has a thickness between 1 μm and 100 μm.
Zoske discloses wherein the metallic layer has a thickness between 1 μm and 100 μm. (Zoske, [0014] “The metallic layer preferably has a layer thickness of at least 10 nm, preferably at least 100 nm, more preferably at least 1 μm, more preferably at least 10 μm, if appropriate at least 25 μm, and/or at most 2 mm, preferably at most 500 μm, more preferably at most 200 μm, more preferably at most 150 μm, if appropriate at most 50 μm or at most 20 μm or at most 15 μm.”)
Gong, Gillissen and Zoske are analogous art because they are related to methods for producing a heater with PTC elements. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to simply substitute the metallic tube of Gong with the thinner metallic layer taught by Zoske. One of ordinary skill in the art would have been motivated to make such a substitution in order to achieve a “comparatively compact and efficiently operating heater” where a “simple and readily automatable contacting between metal and polymer structure is made possible” and the “mechanical connection between polymer structure and metallic layer is preferably comparatively durable and long-lived” (see [0009]).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Gong et al., US Patent Application Publication No. 20160264100 A1 in view of Gillissen et al., US Patent Application Publication No. 20180094434 A1 in further view of Bohlender et al., US Patent Application Publication No. 20080073336 A1.
Claim 24. Modified Gong discloses the PTC heating element according to claim 1.
comprising a plurality of PTC elements, (Gong, Abstract the PTC heating assembly comprises of a plurality of PTC ceramic chips.)
Modified Gong does not explicitly disclose wherein a cavity between two successive PTC elements is filled with a temperature-resistant filler material.
Bohlender discloses wherein a cavity between two successive PTC elements is filled with a temperature-resistant filler material. (Bohlender, [0053] Fig. 2 shows an insulating spacing medium 40 formed by a silicone strip between the gaps separating the PTC elements 6 inside frame 34.)
Gong and Gillissen are analogous art because they are related to manufacturing of PTC heating elements. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the PTC heating assembly of Gong with the insulating spacing medium taught by Bohlender. One of ordinary skill in the art would have been motivated to make such a modification to prevent an electric flashover to other components of the heating element (see Bohlender, [0020]).
Claims 1, 11-15, 20-23 and 29-32 rejected under 35 U.S.C. 103 as being unpatentable over Zoske et al., US Patent Application Publication No. 20200094654 A1 in view of Gong et al., US Patent Application Publication No. 20160264100 A1 in further view of Gillissen et al., US Patent Application Publication No. 20180094434 A1.
Claim 1. Zoske discloses a PTC heating element for an electric heating device comprising at least one PTC element, (Zoske, Fig. 1 shows the a PPTC material for a fluid heater.)
wherein at least one electrode is provided on a surface of the PTC element for electrically contacting the PTC element, (Zoske, Fig. 1 shows contact electrodes 13 and 14. (see, [0057]).)
at least one further contact for electrical connection of the electrode of the PTC element, (Zoske, Fig. 1 shows a first and second metallic layer 11 and 12 on opposite sides of the heating element made to connect with the contact electrodes 13 and 14, the metallic layers corresponding with the claimed further contact.)
Zoske does not explicitly disclose at least one carrier layer, the carrier layer being electrically insulating.
Gong discloses at least one carrier layer, the carrier layer being electrically insulating, (Gong, [0042] “As shown in FIGS. 12-14, the PTC heating assembly includes a heating core 10, a metal tube 8 and an insulating layer 9 coated on the heating core” where the insulating layer corresponds with the carrier layer.)
Zoske and Gong are analogous art because they are related to the manufacturing of PTC heating elements. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the PTC heating element disclosed by Zoske with an insulating layer as taught by Gong. One of ordinary skill in the art would have been motivated to make such a modification to provide good insulation and heat conduction to the PTC heating element (see Gong, [0058]).)
Modified Zoske does not teach wherein a thickness of the PTC element is ≤ 500 μm and wherein a height of the PTC heating element is between 500 μm and 2500 μm.
Gillissen discloses wherein a thickness of the PTC element is ≤ 500 μm and (Gillissen, [0049] “In addition, the PTC composition layer has a thickness from 2.5 μm to 100 μm…” is within the claimed ≤ 500 μm range.)
wherein a height of the PTC heating element is between 500 μm and 2500 μm. (Gillissen, [0044] “…the heating element comprising a foil comprising a PTC composition has a thickness from 5 μm to 5 mm…” is within the claimed 500 μm and 2500 μm range.)
Gong and Gillissen are analogous art because they are related to the manufacturing of PTC heating elements. Gong differs from the claimed invention only in that it does not teach the thickness of the PTC element as being ≤ 500 μm or the height being between 500 μm and 2500 μm. Gillissen teaches solutions in order to reduce the space the heating element takes in order to be integrated into construction materials, such as using resistive (PTC) carbon ink in a heating element with a PTC composition layer. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to optimize the size of the PTC element and the PTC heating element as a whole using the techniques taught in Gillissen in order to “reduce the space the heating element takes” (see Gillissen, [0003]), since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (see MPEP 2144.05).
Claim 11. Modified Gong discloses the PTC heating element according to claim 1.
wherein the carrier layer comprises a ceramic material with high thermal conductivity and/or a temperature-resistant plastic. (Gong, [0058] “The insulating layer 9 may be a high temperature silica gasket or an alumina ceramic, etc. There's no special limit to the insulating layer 9, as long as with good insulation and heat conduction.”)
Claim 12. Modified Gong discloses the PTC heating element according to claim 1.
wherein the carrier layer comprises AlN, Si3N4, Al2O3, or SiC and/or wherein the carrier layer comprises polyimide or epoxy resin. (Gong, [0058] “The insulating layer 9 may be a high temperature silica gasket or an alumina ceramic, etc. There's no special limit to the insulating layer 9, as long as with good insulation and heat conduction.”)
Claim 13. Modified Gong discloses the PTC heating element according to claim 1.
wherein the carrier layer has a thickness between 150 μm and 1000 μm. (Gillissen, [0058] “The adhesive layer (40) is used to adhere the substrate (10b) to cover the PTC composition layer. In this embodiment, the complete thickness of the layers 60 and 10a and 50 and 40 and 10b is less than 1 mm…” where the substrate corresponds with the claimed carrier layer.)
Gong differs from the claimed invention only in that it does not explicitly disclose the thickness of the insulating layer 9, which corresponds to the claimed carrier layer. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the insulating layer of Gong with the thickness of Gillissen in order to optimize the thickness of the heating element as a whole since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (see MPEP 2144.05).
Claim 14. Modified Gong discloses the PTC heating element according to claim 1.
further comprising at least one metallic layer on a surface of the carrier layer for further contacting of the PTC heating element. (Gong, [0057] “Subsequently, the metal tube 8 is treated by pressing, thus enhancing the stability of the electrical connection between the metal electrode plate 2 and the PTC ceramic chip 1, avoiding a poor contact and ensuring a safe and reliable electrical connection.”)
Claim 15. Modified Gong discloses the PTC heating element according to claim 14.
Modified Gong does not explicitly disclose wherein the metallic layer has a thickness between 1 μm and 100 μm.
Zoske discloses wherein the metallic layer has a thickness between 1 μm and 100 μm. (Zoske, [0014] “The metallic layer preferably has a layer thickness of at least 10 nm, preferably at least 100 nm, more preferably at least 1 μm, more preferably at least 10 μm, if appropriate at least 25 μm, and/or at most 2 mm, preferably at most 500 μm, more preferably at most 200 μm, more preferably at most 150 μm, if appropriate at most 50 μm or at most 20 μm or at most 15 μm.”)
Gong, Gillissen and Zoske are analogous art because they are related to methods for producing a heater with PTC elements. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to simply substitute the metallic tube of Gong with the thinner metallic layer taught by Zoske. One of ordinary skill in the art would have been motivated to make such a substitution in order to achieve a “comparatively compact and efficiently operating heater” where a “simple and readily automatable contacting between metal and polymer structure is made possible” and the “mechanical connection between polymer structure and metallic layer is preferably comparatively durable and long-lived” (see Zoske, [0009]).
Claim 20. Modified Gong discloses the PTC heating element according to claim 1.
wherein a thickness of the PTC element is ≤ 250 μm. (Gillissen, [0049] “In addition, the PTC composition layer has a thickness from 2.5 μm to 100 μm…” is within the claimed ≤ 500 μm range.)
Claim 21. Modified Gong discloses the PTC heating element according to claim 1.
wherein the at least one PTC element and/or the at least one carrier layer is formed plane-parallel. (Gillissen, Fig. 9 shows the structure of the invention, where substrate 2 is depicted as a sheet-like layer that is “subsequently laminated together with the other layers” (see Gillissen, [0122]), the definition of “laminated” is formed of or set in thin layers (dictionary.com) which corresponds to the claimed plane-parallel formation.)
Claim 22. Modified Gong discloses the PTC heating element according to claim 21.
wherein the at least one PTC element has a plane parallelism of < 100 μm and/or wherein the at least one carrier layer has a plane parallelism of < 500 μm. (Gillissen, [0049] “In addition, the PTC composition layer has a thickness from 2.5 μm to 100 μm…” is within the claimed ≤ 500 μm range.)
The PTC composition layer which includes the substrate 2 corresponding to the carrier layer, is depicted in Fig. 9 as laminated layers. If the PTC composition layer has a thickness from 2.5 μm to 100 μm, it follows that the substrate 2 itself is within the 2.5 μm to 100 μm range.
Claim 23. Modified Gong discloses the PTC heating element according to claim 1.
wherein the at least one PTC element is at least partially embedded in the carrier layer. (Gong, [0008] the insulating layer is coated onto the heating core, which includes the electrode plates.)
Claim 29. Modified Zoske discloses the PTC heating element according to claim 1.
further comprising at least one connecting element for electrical connection between the at least one PTC element and the at least one further contact. (Zoske, [0021] “The adhesion promoter (adhesive) can provide for a good mechanical and/or electrical connection between metal film and polymer structure. In order to ensure or to improve an electrical contact, optionally an electrically conductive adhesive can be used as adhesion promoter.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to simply substitute the metallic layer of one embodiment of Zoske with the metallic film in another embodiment of Zoske. One of ordinary skill in the art would have been motivated to make such a substitution in order to “improve a mechanical or electrical connection between the film and the material of the polymer structure” (see Zoske, [0020]).
Claim 30. Modified Zoske discloses the PTC heating element according to claim 29.
wherein the at least one connecting element is strip-shaped. (Zoske, [0021] “In order to ensure or to improve an electrical contact, optionally an electrically conductive adhesive can be used as adhesion promoter.”)
Zoske does not explicitly disclose that the conductive adhesive, corresponding to the claimed at least one connecting element, is strip-shaped. However, the term “strip” is defined as a narrow piece, comparatively long and usually of uniform width (dictionary.com). Accordingly, Zoske’s conductive adhesive used to ensure or improve an electrical contact between a metal film laminated onto a polymer structure which is connected to a contact electrode, the adhesive layer described as a thin layer with a large contact surface to bring about low electrical contact and comparatively good mechanical adhesion, fulfills the claimed “strip-shaped” limitation as written.
Claim 31. Modified Zoske discloses the PTC heating element according to claim 29.
comprising a plurality of connecting elements, the respective connecting element being provided at least between the respective further contact and the respective electrode of the PTC element. (Zoske, Fig. 1 shows at least two metallic layers 11 and 12, therefore at least two strips of conductive adhesive adhering the top and bottom metallic layers to the top and bottom sides of the PTC heating element; and Zoske, [0021] mentions an embodiment where the adhesive layer may be applied “by regions remaining free in part, in which no adhesive layer is provided”, corresponding to the claimed plurality of connecting elements.)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Zoske’s conductive adhesive into a plurality of strip shaped connecting elements as taught by a separate embodiment of Zoske. One of ordinary skill in the art would have been motivated to make such a modification in order to ensure electrical contact by providing regions free of adhesive.
Claim 32. Modified Zoske discloses the PTC heating element according to claim 29.
wherein the at least one connecting element comprises a conductive adhesive. (Zoske, [0021] “The adhesion promoter (adhesive) can provide for a good mechanical and/or electrical connection between metal film and polymer structure.”)
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.
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/K.B.M./Examiner, Art Unit 3761
/JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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