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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “14” has been used to designate:
“chamber” in, e.g., ¶¶ [0079]-[0081];
“heat transfer body” in, e.g., ¶¶ [0085], [0089];
“circular heat transfer body” in, e.g., ¶ [0103]; and
“circular chamber” in, e.g., ¶ [0104].
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "14" in e.g., ¶¶ [0085], [0089], and "16" in, e.g., ¶¶ [0110], [0111], [0119] have both been used to designate “heat transfer body”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “16a” and “16b” in Figs. 1 and 2. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The incorporation by reference of the international patent application PCT/EP2022/062030 and of the German patent application DE10 2021 111 665.1 is ineffective as it was added on the date of entry into the national phase, which is after the filing date of the instant application. The filing date of this national stage application is the filing date of associated PCT, in this case 05/04/2022, see MPEP 1893.03(b). Therefore, the specification amendment of 10/27/2023 to include the incorporation by reference is new matter, per MPEP 608.01(p).
The abstract of the disclosure is objected to because it fails to adequately summarize the invention as disclosed and claimed. See MPEP 608.01(b). The abstract, as filed, describes only the holding elements, gap, and heat transfer body with chambers, but fails to set forth the tension profile arranged on the holding elements and the lever arms formed by the chamber walls, which are elastically deformable by a tensile force applied to the tension profile so as to increase the size of the gap and, upon release, apply a holding force to the at least one heating element. The clamping/actuation mechanism constitutes a principal feature of the invention as claimed (see claim 21) and must be reflected in the abstract to enable the reader to quickly ascertain the nature and gist of the technical disclosure. Appropriate correction of the abstract is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“holding element” in claim 21;
“cooling element” in claims 25, 32 and 33; and
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Regarding the term “holding element” recited in claim 21, performing the function of receiving a tensile force to increase a size of the gap for receiving the at least one heating element, the corresponding structure is a raised web or webs arranged on the outer surface of the holding element, including embodiments having an I-shaped cross-section, and E-shaped cross-section (¶ [0102]), an L-shaped cross-section (¶ [0088]), and a T-shaped cross-section (¶ [0101]), and equivalent thereof (¶ [0035]).
Regarding the term “cooling element” recited in claims 25, 32 and 33, performing the function of cooling, the corresponding structure is an extension or a rib (¶ [0034]), and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 22-26, 30, 32-35 and 39-40 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 39-40 depend from claim 21, which recite “at least one heating element” in line 11—a singular noun phrase quantified by “at least one,” but not a plural antecedent. Claims 39-40 recite “at least one of the heating elements” that presupposes a previously established plural set (“the heating elements”) from which a selection is being made. No such plural antecedent exists in claim 21 or elsewhere in the claims from which claims 39-40 depend. By contrast, claim 36 properly introduces a plurality—“a plurality of sequentially arranged heating elements arranged between the holding elements”—which would supply the necessary antecedent basis for “at least one of the heating elements.” However, claims 39-40 do not depend from claim 36. Accordingly, as claims 39-40 depend from claim 21, the limitation “at least one of the heating elements” lacks proper antecedent basis, rendering the metes and bounds of claims 39-40 unclear and therefore indefinite. For purpose of examination, the examiner interprets “at least one of the heating elements” in claims 39-40 as “the at least one heating element,” consistent with the antecedent basis established in claim 21.
Claims 22-25, 30, 32-33, 35 and 39 recite one or more limitations preceded by the phrase “in particular.” The use of “in particular” renders it unclear whether the language following this phrase is intended to further limit the claim or is merely exemplary or descriptive of the preceding, broader limitation. This ambiguity leaves the metes and bounds of the claims unclear, because it is not evident whether the specific “in particular” embodiment is required, or only the broader limitation preceding it. For purposes of examination, the limitations that follow “in particular” will be treated under their broadest reasonable interpretation as not being required within the scope of the claims. Appropriate correction or clarification is required. Claim 26 is also rejected for the same reason because it depends from claim 25.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 21-22, 24-26, 31, 34-36, 39-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dent et al. (US 20140299293) hereinafter Dent.
Regarding claim 21, Dent discloses, in Fig. 1, a holding device (abstract: “A cooling and holding device for heating-elements,” hereinafter “holding device”) for at least one heating element (10, “heating element”; ¶ [0048]: “at least one heating element 10”), the holding device (“holding device”) comprising
at least two oppositely arranged holding elements (13a & 13b, “shaft walls;” shaft walls 13a and 13 have an “I-shape”) which are spaced apart from one another by a gap (“gap”; ¶ [0050]: “the gap between both shaft walls 13a, 13b”; Fig. 1 shows the shaft walls 13a, 13b are oppositely arranged and spaced apart from one another by a gap, which is annotated in Fig. 1), which extends along a longitudinal direction of the holding device (“holding device”) (Fig. 1 shows the shaft walls extending in a longitudinal direction of the holding device) and is adapted to receive the at least one heating element (10) (Fig. 1 shows the heating element 10 is disposed between the saft walls 13a, 13b; ¶ [0013]: “In the assembled condition of the heating element or elements, the gap between the shaft walls is reduced such that they lie against the heating element”), and
a heat transfer body (11, “flat housing”) having at least two chambers (“chambers”; ¶ [0049]: “Crossbars 17 divide the space between relevant shaft wall 13a, 13b and the associated outer wall into chambers”), which each form an inner region (Fig. 1 shows the chambers have inner regions) through which a gaseous medium can flow (¶ [0049]: “chambers through which air or gas can flow”), wherein the holding elements (13a, 13b) are arranged between the chambers (Fig. 1 shows the shaft walls 13a, 13b are arranged between upper and lower rows of chambers) and the gap (“gap”) connects the inner region of the chambers (annotated Fig. 1), wherein at least one tension profile (17, “crossbars”) is arranged on at least one outer surface of the holding elements (13a, 13b) (Fig. 1 shows the configuration between the crossbars and the saft walls, satisfying the claimed configuration limitation of the tension profile(s) and the holding elements), to which profile (17) a tensile force can be applied (¶ [0049]: “Crossbars 17 are used on one hand for transferring the contact force generated by clamping sections 15 to shaft walls 13a, 13b,” which the examiner interprets as teaching a tensile force is applied to the tension profile) in order to increase a size of the gap (“gap”) for receiving the at least one heating element (10) (¶¶ [0015]-[0016]: “By loading the clamping sections with an assembly force... lead[ing] to the housing parts which are joined to the clamping sections being deflected outwards. The result is a slight increase in the gap between the shaft walls which is sufficient for introducing or inserting the heating element or heating elements”), wherein the chambers (“chambers”) have chamber walls (19, “side walls”; ¶ [0046]: “Straight side walls 19 are arranged perpendicular to outer walls 16... Assigned to side walls 19 are convexly curved clamping sections 15 which limit the outer contour of the flat housing at least in the region of the sides... Straight side walls 19 arranged perpendicular to outer walls 16 are located inside the sides protruding outwards”), which form lever arms (15, “clamping sections”) at least in sections (Fig. 1 and ¶ [0046] disclose that side walls 19 and clamping sections 15 together form the lateral perimeter wall of flat housing 11, with clamping section 15 as the elastically-deformable continuation of side wall 19, which the examiner interprets as teaching that the chamber walls form lever arms, consistent with the instant application’s own disclosure that a single chamber wall may be described by different reference labels along its length depending on the function being discussed, e.g., ¶ [0097] of the instant specification), wherein the lever arms (15) can be elastically deformed at least in sections by the tensile force and are connected to the holding elements (13a, 13b) (¶¶ [0015]-[0016]) in such a way that, in the installed state, a holding force is applied to the at least one heating element (10) (abstract: “at least one clamping section... is elastically deformed in the mounted state of the heating-element so as to provide a pressing force of the shaft walls on the heating-element in the assembled state”).
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Fig. 1 of Dent
Regarding claim 22, Dent discloses, in Fig. 1, the holding device (“holding device”) according to claim 21, wherein the chamber walls (19) of the chambers (“chambers”) each have substantially a same shape (Fig. 1), in particular the chamber walls (19) form the lever arms (15) of equal length (Fig. 1), and the holding elements (13a, 13b) are arranged centrally between the chambers (“chambers”) in a transverse direction (Fig. 1 shows the configuration).
Regarding claim 24, Dent discloses, in Fig. 1, the holding device (“holding device”) according to claim 21, wherein the chamber walls (19) each have, at least in sections, a geometry with a curved cross-section, in particular a circular or oval geometry (¶ [0046]: “Assigned to side walls 19 are convexly curved clamping sections 15 which limit the outer contour of the flat housing at least in the region of the sides”; ¶ [0053]: “Clamping sections 15 form curve-like or circular segment-like, longitudinally extended components”; the examiner interprets Dent as teaching the side wall 19 in combination with clamping sections 15 forms a curved cross-section, corresponding to the claimed limitation).
Regarding claim 25, Dent discloses, in Fig. 1, the holding device (“holding device”) according to claim 21, wherein the holding elements (13a, 13b) and/or the at least one tension profile (17) have at least one cooling element, in particular in the form of an extension or a rib (¶ [0049]: “Crossbars 17 are used on one hand for transferring the contact force generated by clamping sections 15 to shaft walls 13a, 13b. On the other hand, crossbars 17 function as cooling ribs in order to dissipate heat transferred from the heating element to shaft walls 13a, 13b,” consistent with ¶ [0026] of instant application which states “The tension profile serves as an assembly aid and improves the cooling function of the holding device”).
Regarding claim 26, Dent discloses the holding device (“holding device”) according to claim 25, wherein the at least one tension profile (17) and/or the at least one cooling element have, at least in sections, an I-shaped, an E- shaped, an L-shaped and/or a T-shaped geometry in a cross-section (Fig. 1 shows crossbar 17 having an I-shaped cross-section).
Regarding claim 31, Dent discloses, in Fig. 1, the holding device (“holding device”) according to claim 21, wherein the holding device has at least one plane of symmetry extending in the longitudinal direction of the holding device (¶ [0053]: “The symmetrical configuration of clamping sections 15 arising from this leads to an even distribution of force”; Fig. 1 shows the holding device having a symmetrical configuration about a plane extending in the longitudinal direction, e.g., a plane bisecting the upper and lower shaft walls 13a, 13b, chambers and clamping sections 15).
Regarding claim 34, Dent discloses, in Fig. 1, the holding device (“holding device”) according to claim 21, wherein the chamber walls (19, 15) have sections with different material thickness (¶ [0053]: “The bow shape of clamping sections 15 may be executed as a radius with variable thickness...The maximum thickness of each clamping section 15 is approximately at the level of side slot 14 and decreases on both sides towards points of engagement 18 where in each case the minimum thickness is present”).
Regarding claim 35, Dent discloses, in Fig. 1, the holding device (“holding device”) according to claim 21, wherein the holding elements (13a, 13b) and the heat transfer body (11) are formed in one piece, in particular monolithically (¶ [0026]: “If a single central heating shaft is provided, the cooling and holding body may be constructed particularly compactly and easily, for example by means of continuous casting,” which the examiner interprets as teaching that the holding device, including the holding elements and heat transfer body, is formed in one piece, in particular monolithically, since a device manufactured by continuous casting is inherently formed as a single, integral, one-piece structure).
Regarding claim 36, Dent discloses, in Fig. 1, the holding device (“holding device”) according to claim 21, wherein the holding device is adapted to have a plurality of sequentially arranged heating elements (10) arranged between the holding elements (13a, 13b) and each applied with a holding force (¶ [0048]: “In the assembled condition, at least one heating element 10, in particular a plurality of heating elements arranged side by side in the transverse direction of the flat housing, are located in heating shaft 12, wherein shaft walls 13a, 13b are in close contact with the heating element or heating elements 10 for heat transfer,” which the examiner as teaching a plurality of sequentially arranged heating elements, each applied with a holding force via close contact with shaft walls 13a, 13b).
Regarding claim 39, Dent discloses, in Fig. 1, a heating device having the holding device (“holding device”) according to claim 21 and at least one of the heating elements (10), in particular a PTC heating element (¶ [0046]: “The heating elements are PTC heating elements”) or a mica heating element, wherein the at least one of the heating elements (10) is arranged between the holding elements (13a, 13b) (¶ [0048]: “at least one heating element 10... are located in heating shaft 12, wherein shaft walls 13a, 13b are in close contact with the heating element or heating elements 10”).
Regarding claim 40, Dent discloses, in Fig. 1, a method for manufacturing a heating device, in which the holding device (“holding device”) according to claim 21 is provided, wherein the holding elements (13a, 13b) are moved away from each other in opposite directions by applying an external force (¶ [0015]: “By loading the clamping sections with an assembly force acting inwards in relation to the flat housing, the clamping sections increase their radius and open the side slot which therefore acts as an assembly slot,” which the examiner interprets as teaching an external force applied to move the holding elements away from each other), so that a width of the gap (“gap”) increases (¶ [0016]: “This leads to the housing parts which are joined to the clamping sections being deflected outwards. The result is a slight increase in the gap between the shaft walls”), at least one of the heating elements (10) is arranged in the gap (“gap”) (¶ [0016]: “a slight increase in the gap... sufficient for introducing or inserting the heating element or heating elements into the heating shaft”), and subsequently the external force is removed so that the width of the gap decreases and the at least one of the heating elements is applied with a force by the lever arms and held (¶ [0017]: “After assembly, the assembly force is released and the clamping sections attempt to return to their stress-free condition. As the clamping sections are jammed in the process by the heating elements or heating element, they generate the desired holding or contact force on the shaft walls”).
Claim Rejections - 35 USC § 103
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 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 23 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Dent et al. (US 20140299293) hereinafter Dent.
Regarding claim 23, Dent discloses, in Fig. 1, the holding device (“holding device”) according to claim 21, comprising the chamber walls (19) of the chambers (“chambers”), but does not explicitly disclose wherein the chamber walls of the chambers have different shapes from one another, in particular the chamber walls form the lever arms of different lengths from one another, so that the holding elements are arranged offset in a transverse direction from a center between the chambers.
However, while disclosing a symmetrical clamping section configuration as the disclosed embodiment (¶ [0053]: “symmetrical configuration of clamping sections 15... leads to an even distribution of force”), Dent expressly identifies an asymmetrical configuration as an available alternative (¶ [0053]: “An asymmetrical configuration of clamping sections 15 is possible,” which the examiner interprets as teaching that the chamber walls, formed in part by clamping section 15 as set forth in claim 21, may correspondingly have different shapes from one another).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the symmetrical clamping section configuration of Dent’s Fig. 1 embodiment to an asymmetrical configuration, as this represent one of a finite number of identified, predictable design choices expressly contemplated by Dent itself, thereby resulting in chamber walls of different shapes and holding elements offset in a transverse direction from a center between the chambers. See MPEP 2143 (I)(E).
Regarding claim 28, Dent discloses, in Fig. 1, the holding device (“holding device”) according to claim 21, comprising the chamber walls (19), but does not explicitly disclose wherein at least one of the chamber walls has on an outer surface at least one receptacle for a fastening means.
However, Dent discloses that the flat housing (11) is configured “for the attachment of a fan with appropriate screw or clip fastenings” (¶ [0027]), demonstrating that Dent contemplates securing the holding device using conventional screw or clip fastening means. Receptacles for such fastening means—e.g., guides, bores, or grooves configured to receive a screw or clip—are well-known, conventional structures for facilitating fastener attachment in the mechanical arts. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide at least one of Dent’s chamber walls (19) with a receptable for fastening means, as Dent already contemplates screw or clip fastening of the holding device (¶ [0027]), and the use of a receptacle to facilitate such a conventional fastening means represents no more than the application of a known technique to a known device, ready for improvement, to yield the predictable result of a releasable fastening for securing the holding device in a housing or control cabinet. See MPEP 2143 (I)(A)&(G).
Claims 27, 32 and 37 are rejected under 35 U.S.C. 103 as being unpatentable over an embodiment in Fig. 1 of Dent et al. (US 20140299293) hereinafter Dent, in view of a further embodiment in Fig. 7 of Dent.
Regarding claim 27, Dent discloses, in Fig. 1, the holding device (“holding device”) according to claim 21, wherein the holding elements (13a, 13b) each have an inner surface which bounds the gap (annotated Fig. 1: “gap”) (Fig. 1 shows the configuration), but does not explicitly disclose wherein at least one recess extends in the longitudinal direction of the heat transfer body on at least one inner surface.
However, Dent discloses, in Fig. 7 for a further embodiment of a cooling and holding body, at least one recess (annotated Fig. 7: “recess”) extends in the longitudinal direction of the heat transfer body (11, “flat housing”; ¶ [0084]: “The cooling and holding body according to FIG. 7 is configured similarly to the cooling and holding body according to FIGS. 5, 6 in its basic construction... [where] both shaft walls 13a, 13b are each joined in the region of first longitudinal edge 25a to flat housing 11”) on at least one inner surface (annotated Fig. 7 shows the recesses are on the inner surfaces of shaft walls 13a, 13b).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the holding element (13a, 13b) of Dent’s Fig. 1 embodiment to include at least one recess extending in the longitudinal direction on at least one inner surface, as taught by Dent’s Fig. 7 embodiment, since both embodiments are directed to the same cooling and holding body for heating elements and Dent expressly states that the Figs. 5, 6, and 7 embodiments “correspond to each other” in basic construction (¶ [0084]) and achieve stability and contact pressure comparable to the Figs. 1-4 embodiments (¶ [0090]). The combination applies a known feature (a recess on the inner surface of a holding element), already known and disclosed by Dent in its Fig. 7 embodiment to a similar holding device disclosed by Dent in its Fig. 1 embodiment, according to a known method, to yield the predictable result of accommodating or guiding a heating element or its frame within the gap. See MPEP 2143 (I)(A).
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Fig. 7 of Dent, annotated
Regarding claim 32, Dent discloses, in Fig. 1, the holding device (“holding device”) according to claim 21, comprising the chamber walls (19), but does not explicitly disclose wherein at least one of the chamber walls has outer cooling elements, in particular formed as extensions or ribs, which are arranged on an outer surface of the at least one of the chamber walls.
However, Dent discloses, in Fig. 7 for a further embodiment of a cooling and holding body, at least one of the chamber walls (19) has outer cooling elements (31, “bracing chambers”; ¶ [0092]: “bracing chambers 31 are provided which further improve the heat transfer due to the enlarged surface,” which the examiner interprets as teaching that the bracing chambers 31 dissipate heat through the enlarged surface, as corresponding to the claimed limitation), in particular formed as extensions or ribs, which are arranged on an outer surface of the at least one of the chamber walls (19) (¶ [0092]: “Bracing chambers 31 are provided in each case at the foot end of side walls 19,” which the examiner interprets as teaching outer cooling elements arranged on an outer surface of the chamber wall 19).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the chamber walls of Dent’s Fig. 1 embodiment to include outer cooling elements arranged on an outer surface thereof, as taught by Dent’s Fig. 7 embodiment, since both embodiments are directed to the same cooling and holding body for heating elements, and Dent expressly states that the Figs. 5, 6 and 7 embodiments “correspond to each other” in basic construction (¶ [0084]) and achieve stability and contact pressure comparable to the Figs. 1-4 embodiments (¶ [0090]). This combination applies a known feature—bracing chambers arranged on an outer surface of a side wall, already known and disclosed by Dent in its Fig. 7 embodiment to a similar holding device disclosed by Dent in its Fig. 1 embodiment, according to a known method, in order to “further improve the heat transfer due to the enlarged surface” (¶ [0092]), thereby yielding the predictable result of a chamber wall having outer cooling elements arranged on an outer surface thereof. See MPEP 2143 (I)(A).
Regarding claim 37, Dent discloses, in Fig. 1, the holding device (“holding device”) according to claim 36, comprising the holding elements (13a, 13b), but does not explicitly disclose wherein the holding device has an incision that extends orthogonally to the longitudinal direction of the holding device in order to be able to individually clamp different ones of the sequentially arranged heating elements.
However, Dent discloses, in Fig. 7 for a further embodiment of a cooling and holding body, the holding device has an incision (annotated Fig. 7: the examiner construes a pair of notches as the claimed incision) that extends orthogonally to the longitudinal direction of the holding device (annotated Fig. 7).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the holding device of Dent’s Fig. 1 embodiment to include a pair of notches together forming an incision extending orthogonally to the longitudinal direction, as taught by Dent’s Fig. 7 embodiment, since both embodiments are directed to the same cooling and holding body for heating elements and Dent expressly states that the Figs. 5, 6, and 7 embodiments “correspond to each other” in basic construction (¶ [0084]) and achieve stability and contact pressure comparable to the Figs. 1-4 embodiments (¶ [0090]). The combination applies a known feature—an incision extending orthogonally to the longitudinal direction of the holding device, already known and disclosed by Dent in its Fig. 7 embodiment—to a similar holding device disclosed by Dent in its Fig. 1 embodiment, according to a known method, to yield the predictable result of a holding device having a structural discontinuity extending orthogonally to its longitudinal direction. See MPEP 2143 (I)(A).
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Fig. 7 of Dent, annotated
Claims 30 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over an embodiment in Fig. 1 of Dent et al. (US 20140299293) hereinafter Dent, in view of a further embodiment in Fig. 6 of Dent.
Regarding claim 30, Dent discloses, in Fig. 1, the holding device (“holding device”) according to claim 21, wherein the chamber walls (19) each have, at least in section, a geometry with a curved cross-section (¶¶ [0046], [0053]), as set forth with respect to claim 24), but does not disclose wherein the chamber walls each have, at least in sections, an angular geometry in cross-section, in particular a triangular or polygonal geometry.
However, Dent discloses, in Fig. 6 for a further embodiment having a variant of the clamping sections, wherein the chamber walls (19) each have, at least in sections, an angular geometry in cross-section, in particular a triangular or polygonal geometry (¶ [0082]: “clamping sections 15 together with each associated side wall 19 form an approximately triangle-shaped profile in cross-section”).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the chamber walls of Dent’s Fig. 1 embodiment to have, at least in sections, an angular geometry in cross-section, as taught by Dent’s Fig. 6 embodiment, since both embodiments are directed to the same cooling and holding body for heating elements, and Dent expressly states that the Figs. 5, 6 and 7 embodiments “correspond to each other” in basic construction (¶ [0084]) and achieve stability and contact pressure comparable to the Figs. 1-4 embodiments (¶ [0090]). This combination applies a known feature—a triangular cross-sectional profile formed by the clamping section and associated side wall, already known and disclosed by Dent in its Fig. 6 embodiment to a similar holding device disclosed by Dent in its Fig. 1 embodiment, according to a known method, to yield the predictable result of a chamber wall having an angular geometry in cross-section. See MPEP 2143 (I)(A).
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Fig. 6 of Dent
Regarding claim 38, Dent discloses, in Fig. 1, the holding device (“holding device”) according to claim 21, comprising the heat transfer body (11, “flat housing”), but does not explicitly disclose wherein the holding device has, at least in sections, a profiling on an outer surface of the heat transfer body.
However, Dent discloses, in Fig. 6 for a further embodiment of a cooling and holding body, wherein cooling ribs (27) are provided on the outside of the shaft walls (13a, 13b) (¶ [0081]), which the examiner interprets, consistent with Dent’s use of the term “cooling rib” and its other explicitly described rib and crossbar structures serving to dissipate heat by increasing surface area (see, e.g., ¶¶ [0049], [0067], [0092]), as disclosing a known profiling technique for increasing surface area and dissipating heat from the holding device.
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the outer surface of Dent’s flat housing (11) in the Fig. 1 embodiment to include profiling, as taught by the cooling rib profiling technique of Dent’s Fig. 6 embodiment, since both embodiments are directed to the same cooling and holding body for heating elements, and applying a known profiling technique for increasing surface area to dissipate heat, already known and disclosed by Dent with respect to a shaft wall in its Fig. 6 embodiment, to an outer surface of the flat housing in Dent’s Fig. 1 embodiment represents no more than the application of a known technique to a similar structure in the same field of endeavor, according to a known method, to yield the predictable result of a holding device having profiling on an outer surface of the heat transfer body for increased heat dissipation. See MPEP 2143 (I)(A).
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over an embodiment in Fig. 1 of Dent et al. (US 20140299293) hereinafter Dent, in view of a further embodiment in Fig. 2 of Dent.
Regarding claim 33, Dent discloses the holding device (“holding device”) according to claim 21, comprising the chamber walls (19), but does not explicitly disclose wherein at least one of the chamber walls has inner cooling elements, in particular formed as extensions or ribs, which are arranged on an inner surface of the at least one of the chamber walls.
However, Dent discloses, in Fig. 2 for a further embodiment of a cooling and holding body, at least one of the chamber walls (19, 19a, “side walls”) has inner cooling elements (22, “core”), in particular formed as extensions or ribs, which are arranged on an inner surface of the at least one of the chamber walls (19, 19a) (Fig. 2 shows the cores 22 is disposed on the inner surface of the chamber walls 19a; ¶ [0067]: “Core 22 has crossbars 24 which join together outer walls 23... crossbars 24 serve as cooling ribs in order to dissipate heat transferred from the heating element to inner shaft walls 13b by means of an enlarged surface,” which the examiner interprets as teaching that the core 22 comprising the crossbars 24 corresponds to the inner cooling elements, and that inner cooling elements are arranged on an inner surface of the chamber wall).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the chamber walls of Dent’s Fig. 1 embodiment to include inner cooling elements arranged on an inner surface thereof, as taught by Dent’s Fig. 2 embodiment, since both embodiments are directed to the same cooling and holding body for heating elements, and Dent states that variations in the number of heating shafts, cores, and associated clamping sections are “constructed according to the same principle as illustrated in Fig. 2” (¶ [0058]). This combination applies a known feature—a core comprising crossbars serving as cooling ribs, already known and disclosed by Dent in its Fig. 2 embodiment—to a similar holding device disclosed by Dent in its Fig. 1 embodiment, according to a known method, in order to “dissipate heat transferred from the heating element to inner shaft walls... by means of an enlarged surface” (¶ [0067]), thereby yielding the predictable result of a chamber wall having inner cooling elements arranged on an inner surface thereof. See MPEP 2143 (I)(A).
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Fig. 2 of Dent
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Dent et al. (US 20140299293) hereinafter Dent, in view of Gschwind (US 20180015805).
Regarding claim 29, Dent discloses, in Fig. 1, the holding device (“holding device”) according to claim 21, wherein the holding elements (13a, 13b) and the tension profile (17) extend in the longitudinal direction of the heat transfer body (11), but does not explicitly disclose wherein at least one of the holding elements and/or the at least one tension profile further comprises a bore extending in the longitudinal direction of the heat transfer body.
However, Gschwind discloses in Fig. 6, at least one of the holding elements (2, “casing block”; ¶ [0032]: “The layering 12 is positioned inclined in the casing block 2”; ¶ [0031]: “a layering 12 composed of... heat-generating elements 16,” which the examiner interprets as teaching the casing block 2 holding the heat-generating elements 16 as corresponding to the claimed holding element) and/or the at least one tension profile further comprises a bore (18, “through-bore”) extending in the longitudinal direction of the heat transfer body (Fig. 1 shows the longitudinal configuration of the through-bores 18; ¶ [0031]: “In the corner regions of the casing block 2, through-bores 18 are provided, recessed in and passing through the casing block 2”).
Dent and Gschwind are considered to be analogous to the claimed invention because they are in the same field of holding devices for heating elements configured for heat exchange with a flowing fluid. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Dent’s holding elements (13a, 13b) to include a bore extending in the longitudinal direction of the heat transfer body (11), as taught by Gschwind, for the purpose of being “penetrated by clamping screw which abut closure caps... against the casing block 2 in a sealing manner” (Gschwind, ¶ [0031]), thereby securing end components to Dent’s flat housing (11) in a sealed, releasable manner.
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Fig. 1 of Gschwind
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. LERCHE (US 20200182512), Mangold (US 20140290907), Hennuy et al. (US 4700050).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JE HWAN JOHN PARK whose telephone number is (571)272-6405. The examiner can normally be reached Monday-Friday 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward F. Landrum can be reached at 571-272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.J.P./Examiner, Art Unit 3761
/ERWIN J WUNDERLICH/Primary Examiner, Art Unit 3761
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