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 .
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.
Claim Objections
Claim 2 is objected to because of the following informalities: in line 6, “the second space being locating” is grammatically incorrect. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsuji [20040231823].
With respect to claim 1, Tsuji discloses: A heat generating cell, comprising: a support (41 or 42) having tubular shape; and a multilayer film (41g) formed on an inner peripheral surface of the support for generating heat by occlusion and discharge of hydrogen [see FIGs 1, 3A-3B, paragraph 0048-0050].
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.
Claim(s) 2-4, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsuji [20040231823], further in view of Westmeier et al [20140110004].
With respect to claim 2, Tsuji discloses: A heat generating device, comprising: a plurality of heat generating cells (41, 42) including the heat generating cell according to claim 1 [see FIG 1]; a sealed container (10, 11); a plurality of separators (12, 13) dividing an inside of the sealed container into a first space (32), a second space (33), and a third space (16) in an axial direction of the sealed container, the first space and the second space being locating at both ends in the axial direction in the sealed container [see FIG 1, paragraph 0038]; and, wherein the plurality of heat generating cells penetrate through the plurality of separators, and both ends of each of the plurality of heat generating cells in an axial direction are respectively opened to the first space and the second space [see FIG 1, paragraph 0039-0040].
Tsuji however does not shoe the heater as further claimed.
Westmeier makes up for these deficiencies by teaching a heat generator (1) having a heating layer (4) and
{cl. 2, cont’d} a heater (30) for heating each of the plurality of heat generating cells (10) [see FIG 1, paragraph 0043].
Westmeier further teaches:
{cl. 3} The heat generating device according to claim 2, wherein the heater (30) includes a heating wire, and the heating wire is provided inside each of the plurality of heat generating cell [see FIG 1, paragraph 0043].
{cl. 4} The heat generating device according to claim 2, wherein the heater includes a heating wire, and the heating wire is wound around an outer periphery of the support of the heat generating cell [see FIG 2, paragraph 0043].
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 invention of Tsuji with to incorporate the heat conductors of Westmeier because Westmeier provides a known coiled arrangement over a tubular support to provide additional heat for optimal heat output.
With respect to claim 6, Tsuji discloses: A heat utilization system, comprising: the heat generating device according to claim 2; a hydrogen supply line (24) for supplying hydrogen to the first space (32) of the heat generating device; a hydrogen recovery line (25) for recovering hydrogen discharged from the second space of the heat generating device and returning the hydrogen to the hydrogen supply line [paragraph 0097]; a heat utilization device (41, 42) for utilizing heat generated in the heat generating device [paragraph 0041]; a heat medium supply line (14) for supplying a heat medium discharged from the third space of the heat generating device to the heat utilization device [paragraph 0039]; and a heat medium recovery line (15) for recovering a heat medium discharged from the heat utilization device and returning the heat medium to the third space of the heat generating device [see FIG 1, paragraph 0056].
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsuji [20040231823], in view of Westmeier et al [20140110004], further in view of Shagoury [5544700].
With respect to claim 5, Tsuji discloses the invention as substantially claimed, however does not show the baffles.
Shagoury makes up for these deficiencies by teaching:
{cl. 5} The heat generating device according to claim 2, wherein in the third space, a labyrinthine flow path is formed by a plurality of baffle plates (42) [see FIG 2, col 5, line 41-65].
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 invention of Tsuji to include the baffles as taught by Shagoury to the third space of Tsuji because the baffles would increase the residence time of heat exchange medium to optimally increase the heat of the heating medium.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Myers [5113928] is considered relevant art for at least similar teachings of the sealed container (10) and heat generating tube (11) arrangement [see abstract, FIG 1, col 2, line 34-col 3, line 7].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AVINASH A SAVANI whose telephone number is (571)270-3762. The examiner can normally be reached Monday thru Friday 8am-4pm.
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/AVINASH A SAVANI/Primary Examiner, Art Unit 3762
1/5/2026