Prosecution Insights
Last updated: October 01, 2026
Application No. 18/601,093

HEATER ELEMENT ASSEMBLY

Non-Final OA §103§DP
Filed
Mar 11, 2024
Priority
Mar 30, 2023 — JP 2023-056759
Examiner
NGUYEN, PHUONG T
Art Unit
Tech Center
Assignee
Ngk Insulators Ltd.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
619 granted / 839 resolved
+13.8% vs TC avg
Strong +37% interview lift
Without
With
+37.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
48 currently pending
Career history
869
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
47.6%
+7.6% vs TC avg
§102
25.4%
-14.6% vs TC avg
§112
18.6%
-21.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 839 resolved cases

Office Action

§103 §DP
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 03/11/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claims 2-11, 17 and 18 are objected to because of the following informalities: In claims 2-11, 17 and 18: “and/or” should be changed to --or--. In claim 2: “Rockwell” as cited in line 2, should be removed. “as measured in accordance with ASTM D785-2008 R15” as cited in lines 3-4, should be removed. In claim 3: “as measured in accordance with JIS K191-1: 2015” as cited in lines 3-4, should be removed. In claim 5: “as measured in accordance with JIS R1611: 2010” as cited in lines 3-4, should be removed. In claim 6: “as measured in accordance with JIS C2139: 2008” as cited in lines 3-4, should be removed. Appropriate correction is required. Claim Rejections - 35 USC § 103 The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Mulle Miyairi et al. (US 20210041141 A1) in view of Matsumoto et al. (US 20200223293 A1). Regarding claim 1, Miyairi discloses A heater element assembly (heater element 100, fig.1), comprising a heater element (heater element 100), the heater element (heater element 100) comprising: a honeycomb structure portion [Par.0063 cited: “…heater element 100 of this embodiment comprises a pillar-shaped honeycomb structure portion…”] capable of generating heat when energized, comprising an outer peripheral wall (outer peripheral side wall 112, fig.1); and partition walls (partition walls 113, fig.1) disposed on an inner peripheral side of the outer peripheral wall partitioning a plurality of cells (plurality of cells 115, fig.1) which form flow paths extending from a first end surface (front of heater element 100) to a second end surface (back of heater element 100), the partition walls (partition walls 113) comprising a material having PTC characteristics [Par.0068 cited: “…PTC element is covered with a cover made of aluminum metal…”]; a first electrode layer (front electrode 118, fig.1) that covers a part or all of a surface of the partition walls (partition walls 113) forming the first end surface; a second electrode layer (back electrode 118, fig.1) that covers a part or all of a surface of the partition walls (partition walls 113) forming the second end surface; a first terminal (front electric wire 119, fig.1) connected to an outer surface of the first electrode layer (front electrode 118); and a second terminal (back electric wire 119, fig.1) connected to an outer surface of the second electrode layer (front electrode 118). PNG media_image1.png 428 455 media_image1.png Greyscale However, Miyairi does not disclose a frame body, and the frame body comprising a first frame portion made of resin and a second frame portion made of resin for clamping the heater element from a side of the first end surface and a side of the second end surface; wherein the first frame portion is disposed on the side of the first end surface, and comprises a flange portion disposed on an outer peripheral side of an outer peripheral contour of the first end surface, and a holding portion disposed on an inner peripheral side of the outer peripheral contour of the first end surface to apply a pressure to at least a part of the outer peripheral portion of the first end surface, and the second frame portion is disposed on the side of the second end surface, and comprises a flange portion disposed on an outer peripheral side of an outer peripheral contour of the second end surface, and a holding portion disposed on an inner peripheral side of the outer peripheral contour of the second end surface to apply a pressure to at least a part of the outer peripheral portion of the second end surface. Masumoto discloses a device (air purification apparatus 1, fig.3) comprising: a frame body (housing 11, fig.3), and the frame body (housing 11) comprising a first frame portion (FP, annotated figure below) and a second frame portion (SP, annotated figure below) for clamping a side of the first end surface and a side of the second end surface; wherein the first frame portion (FP) is disposed on the side of the first end surface, and comprises a flange portion (FFP, annotated figure below) disposed on an outer peripheral side of an outer peripheral contour of the first end surface, and a holding portion (FHP, annotated figure below) disposed on an inner peripheral side of the outer peripheral contour of the first end surface, and the second frame portion (SP) is disposed on the side of the second end surface, and comprises a flange portion (SFP, annotated figure below) disposed on an outer peripheral side of an outer peripheral contour of the second end surface, and a holding portion (SHP, annotated figure below) disposed on an inner peripheral side of the outer peripheral contour of the second end surface. PNG media_image2.png 692 615 media_image2.png Greyscale It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify a heater element assembly of Miyairi, by including a frame body, and the frame body comprising a first frame portion and a second frame portion for clamping a side of the first end surface and a side of the second end surface; wherein the first frame portion is disposed on the side of the first end surface, and comprises a flange portion disposed on an outer peripheral side of an outer peripheral contour of the first end surface, and a holding portion disposed on an inner peripheral side of the outer peripheral contour of the first end surface, and the second frame portion is disposed on the side of the second end surface, and comprises a flange portion disposed on an outer peripheral side of an outer peripheral contour of the second end surface, and a holding portion disposed on an inner peripheral side of the outer peripheral contour of the second end surface, as taught by Masumoto, in order to apply a pressure to at least a part of the outer peripheral portion of the first and second end surface. Additionally, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify a first frame portion and a second frame portion of Masumoto, made of resin, in order to clamp the heater element from a side of the first end surface and a side of the second end surface, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Regarding claim 2, Masumoto does not disclose the resin constituting the first frame portion or the second frame portion has a hardness of 150 HRR or less and/or 120 HRM or less. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify a first frame portion and a second frame portion of Masumoto, made of resin, constituting the first frame portion or the second frame portion has a hardness of 150 HRR or less and/or 120 HRM or less, in order to clamp the heater element from a side of the first end surface and a side of the second end surface, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Regarding claim 3, Masumoto does not disclose the resin constituting the first frame portion or the second frame portion has a deflection temperature under load of 145° C. or higher. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify a first frame portion and a second frame portion of Masumoto, made of resin, constituting the first frame portion or the second frame portion has a deflection temperature under load of 145° C. or higher, in order to clamp the heater element from a side of the first end surface and a side of the second end surface, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Regarding claim 4, Masumoto does not disclose the resin constituting the first frame portion or the second frame portion has a melting point of 250° C. or higher. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify a first frame portion and a second frame portion of Masumoto, made of resin, constituting the first frame portion or the second frame portion has a melting point of 250° C. or higher, in order to clamp the heater element from a side of the first end surface and a side of the second end surface, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Regarding claim 5, Masumoto does not disclose the resin constituting the first frame portion or the second frame portion has a thermal conductivity of 0.5 W/m/K or less at 25° C. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify a first frame portion and a second frame portion of Masumoto, made of resin, constituting the first frame portion or the second frame portion has a thermal conductivity of 0.5 W/m/K or less at 25° C, in order to clamp the heater element from a side of the first end surface and a side of the second end surface, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Regarding claim 6, Masumoto does not disclose the resin constituting the first frame portion and/or the second frame portion has a volume resistivity of 1.0×10.sup.16 Ω.Math.cm or more at 25° C. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify a first frame portion and a second frame portion of Masumoto, made of resin, constituting the first frame portion and/or the second frame portion has a volume resistivity of 1.0×10.sup.16 Ω.Math.cm or more at 25° C, in order to clamp the heater element from a side of the first end surface and a side of the second end surface, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Regarding claim 7, Masumoto does not disclose the resin constituting the first frame portion and/or the second frame portion comprises one or two selected from polyetheretherketone (PEEK) and polybutylene terephthalate (PBT). It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify a first frame portion and a second frame portion of Masumoto, made of resin, constituting the first frame portion and/or the second frame portion comprises one or two selected from polyetheretherketone (PEEK) and polybutylene terephthalate (PBT), in order to clamp the heater element from a side of the first end surface and a side of the second end surface, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Regarding claim 8, Masumoto does not disclose a ratio of an area of the first end surface to which pressure is applied by the holding portion of the first frame portion to an area of the first end surface is 10% or less; or a ratio of an area of the second end surface to which pressure is applied by the holding portion of the second frame portion to an area of the second end surface is 10% or less. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify a first frame portion and a second frame portion of Masumoto, made of resin, a ratio of an area of the first end surface to which pressure is applied by the holding portion of the first frame portion to an area of the first end surface is 10% or less; or a ratio of an area of the second end surface to which pressure is applied by the holding portion of the second frame portion to an area of the second end surface is 10% or less, in order to apply a pressure to at least a part of the outer peripheral portion of the first and second end surface, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Regarding claim 9, Masumoto does not disclose a ratio of an area of the first end surface to which pressure is applied by the holding portion of the first frame portion to an area of the first end surface is 2% or less; and/or a ratio of an area of the second end surface to which pressure is applied by the holding portion of the second frame portion to an area of the second end surface is 2% or less. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify a first frame portion and a second frame portion of Masumoto, made of resin, a ratio of an area of the first end surface to which pressure is applied by the holding portion of the first frame portion to an area of the first end surface is 2% or less; and/or a ratio of an area of the second end surface to which pressure is applied by the holding portion of the second frame portion to an area of the second end surface is 2% or less, in order to apply a pressure to at least a part of the outer peripheral portion of the first and second end surface, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Regarding claim 10, Miyairi discloses a first terminal (front electric wire 119, fig.1) and a second terminal (back electric wire 119, fig.1). Masumoto discloses the holding portion (FHP, annotated figure above) of the first frame portion (FP, annotated figure above) has a portion or the holding portion (SHP, annotated figure above) of the second frame portion (SP, annotated figure above) has a portion. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify a heater element assembly of Miyairi, by including the holding portion of the first frame portion has a portion or the holding portion of the second frame portion has a portion, as taught by Masumoto, in order to press the first terminal toward the first end surface; and to press the second terminal toward the second end surface. Regarding claim 11, Masumoto does not disclose a cushioning material is interposed between the holding portion of the first frame portion and the first end surface; or a cushioning material is interposed between the holding portion of the second frame portion and the second end surface. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify Masumoto, a cushioning material is interposed between the holding portion of the first frame portion and the first end surface; or a cushioning material is interposed between the holding portion of the second frame portion and the second end surface, in order to clamp the heater element from a side of the first end surface and a side of the second end surface, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Regarding claim 12, Masumoto discloses the frame body (housing 11, fig.3) comprises a third frame portion (TP, annotated figure below) that surrounds an outer peripheral surface of the outer peripheral wall. However, Masumoto does not disclose the third frame portion is made of resin. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the third frame portion of Masumoto, made of resin, in order to clamp the heater element from a side of the first end surface and a side of the second end surface, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. PNG media_image3.png 689 603 media_image3.png Greyscale Regarding claim 13, Masumoto does not disclose a cushioning material is interposed between the third frame portion and the outer peripheral wall. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify Masumoto, a cushioning material is interposed between the third frame portion and the outer peripheral wall, in order to clamp the heater element from a side of the first end surface and a side of the second end surface, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Regarding claim 14, Masumoto does not disclose the first frame portion and the second frame portion are divided from each other and connected with a fastener. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the first frame portion and the second frame portion of Masumoto, are divided from each other and connected with a fastener, in order to make parts in compact, as it well known in the art of manufacturing design choice purpose. Regarding claim 15, Masumoto does not disclose the first frame portion and the second frame portion are divided from each other and connected by a fitting structure. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the first frame portion and the second frame portion of Masumoto, are divided from each other and connected by a fitting structure, in order to make parts in compact, as it well known in the art of manufacturing design choice purpose. Regarding claim 16, Masumoto does not disclose the first frame portion and the second frame portion are divided from each other and connected by an adhesive. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the first frame portion and the second frame portion of Masumoto, are divided from each other and connected by an adhesive, in order to make parts in compact, as it well known in the art of manufacturing design choice purpose. Regarding claim 17, Miyairi discloses the first electrode layer (front electrode 118, fig.1) at a connection location of the outer peripheral portion of the first end surface with the first terminal (front electric wire 119, fig.1); or the second electrode layer (back electrode 118, fig.1) at a connection location of the outer peripheral portion of the second end surface with the second terminal (back electric wire 119, fig.1). It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify Miyairi, with an average value of a thickness of the first electrode layer at a connection location of the outer peripheral portion of the first end surface with the first terminal is larger than an average value of the thickness of the first electrode layer at other portions; or an average value of a thickness of the second electrode layer at a connection location of the outer peripheral portion of the second end surface with the second terminal is larger than an average value of the thickness of the second electrode layer at other portions, in order to increase the electrical conductivity, as it well known in the art of manufacturing design choice purpose. Regarding claim 18, Miyairi discloses the first electrode layer (front electrode 118, fig.1) in the entire outer peripheral portion of the first end surface; or the second electrode layer (back electrode 118, fig.1) in the entire outer peripheral portion of the second end surface. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify Miyairi, with an average value of a thickness of the first electrode layer in the entire outer peripheral portion of the first end surface is larger than an average value of the thickness of the first electrode layer in other portions; or an average value of a thickness of the second electrode layer in the entire outer peripheral portion of the second end surface is larger than an average value of the thickness of the second electrode layer in other portions, in order to increase the electrical conductivity, as it well known in the art of manufacturing design choice purpose. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of Coopending application 18603367. Although the claims at issue are not identical, they are not patentably distinct from each other. Present application US 18601093 Copending Application 18603367 1. A heater element assembly, comprising a heater element, and a frame body, the heater element comprising: a honeycomb structure portion capable of generating heat when energized, comprising an outer peripheral wall; and partition walls disposed on an inner peripheral side of the outer peripheral wall partitioning a plurality of cells which form flow paths extending from a first end surface to a second end surface, the partition walls comprising a material having PTC characteristics; a first electrode layer that covers a part or all of a surface of the partition walls forming the first end surface; a second electrode layer that covers a part or all of a surface of the partition walls forming the second end surface; a first terminal connected to an outer surface of the first electrode layer; and a second terminal connected to an outer surface of the second electrode layer; the frame body comprising a first frame portion made of resin and a second frame portion made of resin for clamping the heater element from a side of the first end surface and a side of the second end surface; wherein the first frame portion is disposed on the side of the first end surface, and comprises a flange portion disposed on an outer peripheral side of an outer peripheral contour of the first end surface, and a holding portion disposed on an inner peripheral side of the outer peripheral contour of the first end surface to apply a pressure to at least a part of the outer peripheral portion of the first end surface, and the second frame portion is disposed on the side of the second end surface, and comprises a flange portion disposed on an outer peripheral side of an outer peripheral contour of the second end surface, and a holding portion disposed on an inner peripheral side of the outer peripheral contour of the second end surface to apply a pressure to at least a part of the outer peripheral portion of the second end surface. 2. The heater element assembly according to claim 1, wherein the resin constituting the first frame portion and/or the second frame portion has a Rockwell hardness of 150 HRR or less and/or 120 HRM or less as measured in accordance with ASTM D785-2008 R15. 3. The heater element assembly according to claim 1, wherein the resin constituting the first frame portion and/or the second frame portion has a deflection temperature under load of 145° C. or higher as measured in accordance with JIS K7191-1:2015. 4. The heater element assembly according to claim 1, wherein the resin constituting the first frame portion and/or the second frame portion has a melting point of 250° C. or higher. 5. The heater element assembly according to claim 1, wherein the resin constituting the first frame portion and/or the second frame portion has a thermal conductivity of 0.5 W/m/K or less at 25° C. as measured in accordance with JIS R1611: 2010. 6. The heater element assembly according to claim 1, wherein the resin constituting the first frame portion and/or the second frame portion has a volume resistivity of 1.0×10.sup.16 Ω.Math.cm or more at 25° C. as measured in accordance with JIS C2139: 2008. 7. The heater element assembly according to claim 1, wherein the resin constituting the first frame portion and/or the second frame portion comprises one or two selected from polyetheretherketone (PEEK) and polybutylene terephthalate (PBT). 8. The heater element assembly according to claim 1, wherein a ratio of an area of the first end surface to which pressure is applied by the holding portion of the first frame portion to an area of the first end surface is 10% or less; and/or a ratio of an area of the second end surface to which pressure is applied by the holding portion of the second frame portion to an area of the second end surface is 10% or less. 9. The heater element assembly according to claim 1, wherein a ratio of an area of the first end surface to which pressure is applied by the holding portion of the first frame portion to an area of the first end surface is 2% or less; and/or a ratio of an area of the second end surface to which pressure is applied by the holding portion of the second frame portion to an area of the second end surface is 2% or less. 10. The heater element assembly according to claim 1, wherein the holding portion of the first frame portion has a portion that presses the first terminal toward the first end surface; and/or the holding portion of the second frame portion has a portion that presses the second terminal toward the second end surface. 11. The heater element assembly according to claim 1, wherein a cushioning material is interposed between the holding portion of the first frame portion and the first end surface; and/or a cushioning material is interposed between the holding portion of the second frame portion and the second end surface. 12. The heater element assembly according to claim 1, wherein the frame body comprises a third frame portion made of resin that surrounds an outer peripheral surface of the outer peripheral wall of the heater element. 13. The heater element assembly according to claim 12, wherein a cushioning material is interposed between the third frame portion and the outer peripheral wall. 14. The heater element assembly according to claim 1, wherein the first frame portion and the second frame portion are divided from each other and connected with a fastener. 15. The heater element assembly according to claim 1, wherein the first frame portion and the second frame portion are divided from each other and connected by a fitting structure. 16. The heater element assembly according to claim 1, wherein the first frame portion and the second frame portion are divided from each other and connected by an adhesive. 17. The heater element assembly according to claim 1, wherein an average value of a thickness of the first electrode layer at a connection location of the outer peripheral portion of the first end surface with the first terminal is larger than an average value of the thickness of the first electrode layer at other portions; and/or an average value of a thickness of the second electrode layer at a connection location of the outer peripheral portion of the second end surface with the second terminal is larger than an average value of the thickness of the second electrode layer at other portions. 18. The heater element assembly according to claim 1, wherein an average value of a thickness of the first electrode layer in the entire outer peripheral portion of the first end surface is larger than an average value of the thickness of the first electrode layer in other portions; and/or an average value of a thickness of the second electrode layer in the entire outer peripheral portion of the second end surface is larger than an average value of the thickness of the second electrode layer in other portions. 1. A heater element assembly, comprising a heater element, a cushioning material, and a frame body, the heater element comprising: a honeycomb structure portion capable of generating heat when energized, comprising an outer peripheral wall; and partition walls disposed on an inner peripheral side of the outer peripheral wall partitioning a plurality of cells which form flow paths extending from a first end surface to a second end surface, the partition walls comprising a material having PTC characteristics; a first electrode layer that covers a part or all of a surface of the partition walls forming the first end surface; a second electrode layer that covers a part or all of a surface of the partition walls forming the second end surface; a first terminal connected to an outer surface of the first electrode layer; and a second terminal connected to an outer surface of the second electrode layer; wherein the frame body comprises a first frame portion which is made of resin and has an inner peripheral surface that fits with an outer peripheral surface of the outer peripheral wall of the honeycomb structure portion via the cushioning material. 2. The heater element assembly according to claim 1, wherein the resin constituting the first frame portion has a Rockwell hardness of 150 HRR or less and/or 120 HRM or less as measured in accordance with ASTM D785-2008 R15. 3. The heater element assembly according to claim 1, wherein the resin constituting the first frame portion has a deflection temperature under load of 145° C. or higher as measured in accordance with JIS K7191-1:2015. 4. The heater element assembly according to claim 1, wherein the resin constituting the first frame portion has a melting point of 250° C. or higher. 5. The heater element assembly according to claim 1, wherein the resin constituting the first frame portion has a thermal conductivity of 0.5 W/m/K or less at 25° C. as measured in accordance with JIS R1611: 2010. 6. The heater element assembly according to claim 1, wherein the resin constituting the first frame portion has a volume resistivity of 1.0×10.sup.16 Ω.Math.cm or more at 25° C. as measured in accordance with JIS C2139: 2008. 7. The heater element assembly according to claim 1, wherein the resin constituting the first frame portion comprises one or two selected from polyetheretherketone (PEEK) and polybutylene terephthalate (PBT). 8. The heater element assembly according to claim 1, wherein a Young's modulus of the cushioning material is 0.05 to 0.3 MPa. 9. The heater element assembly according to claim 1, wherein the cushioning material is made of silicone rubber sponge. 10. The heater element assembly according to claim 1, wherein a thickness of the cushioning material in a compression direction is 0.5 to 5.0 mm. 11. The heater element assembly according to claim 1, wherein the first end surface and the second end surface have an area of 50 to 150 cm.sup.2. 12. The heater element assembly according to claim 1, comprising: a second frame portion made of resin that extends toward an inner peripheral side from an outer peripheral contour of the first end surface and surrounds at least a part of an outer peripheral portion of the first end surface; and a third frame portion made of resin that extends toward an inner peripheral side of an outer peripheral contour of the second end surface and surrounds at least a part of an outer peripheral portion of the second end surface. 13. The heater element assembly according to claim 12, wherein a width of an area where the second frame portion surrounds the first end surface is 10 mm or less, expressed as a length in a direction from the outer peripheral contour of the first end surface toward a center of gravity of the first end surface; and/or a width of an area where the third frame portion surrounds the second end surface is 10 mm or less, expressed as a length in a direction from the outer peripheral contour of the second end surface toward a center of gravity of the second end surface. 14. The heater element assembly according to claim 1, wherein the frame body is formed by connecting a pair of half-split members from a direction perpendicular to a direction in which the flow paths of the honeycomb structure portion extend. 15. The heater element assembly according to claim 14, wherein the pair of half-split members are connected by a fitting structure. 16. The heater element assembly according to claim 1, wherein the frame body is formed by connecting a first tubular divisional portion made of resin and having the first frame portion, and a second tubular divisional portion made of resin and having an outer peripheral surface that is capable of fitting with an inner peripheral surface of the first tubular divisional portion, wherein the first tubular divisional portion and the second divisional portion are connected from a direction parallel to the direction in which the flow paths of the honeycomb structure portion extend. 17. The heater element assembly according to claim 16, wherein the inner peripheral surface of the first tubular divisional portion comprises a first inner peripheral surface that fits with the outer peripheral surface of the outer peripheral wall of the honeycomb structure portion via the cushioning material; a second inner peripheral surface that is connected to one end of the first inner peripheral surface, a diameter of the second inner peripheral surface increasing as a distance from the one end of the first inner peripheral surface increases; and a third inner peripheral surface connected to one end of the second inner peripheral surface, a diameter of the third inner peripheral surface decreasing as a distance from the one end of the second inner peripheral surface increases; and the outer peripheral surface of the second tubular divisional portion comprises a first outer peripheral surface that fits with the second inner peripheral surface and a second outer peripheral surface that fits with the third inner peripheral surface. 18. The heater element assembly according to claim 1, wherein at least a part of the partition walls of the honeycomb structure portion and at least a part of the first electrode layer and the second electrode layer are coated with an adsorbent capable of adsorbing one or more selected from water, carbon dioxide, and organic gas components. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wada et al. (US 3927300) is a relevant prior art in field of an electric fluid heater and resistance heating element, as shown in figs.1-4, having a heating element, a honeycomb structure portion…, but does not disclose a first electrode layer, a second electrode layer, a first terminal and a second terminal, and a frame body... Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PHUONG T NGUYEN/Primary Examiner, Art Unit 3761 08/10/2026
Read full office action

Prosecution Timeline

Mar 11, 2024
Application Filed
Aug 13, 2026
Non-Final Rejection mailed — §103, §DP (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12750926
INDUCTION HEATING COOKTOP AND WIRELESS INDICATOR FOR INDICATING OPERATION STATE THEREOF
3y 7m to grant Granted Sep 29, 2026
Patent 12747646
SYSTEMS, TOOLS AND METHODS FOR WELL DECOMMISSIONING
3y 2m to grant Granted Sep 29, 2026
Patent 12740666
FLUID TEXTURING DEVICE
3y 11m to grant Granted Sep 22, 2026
Patent 12734996
HEATING STICKER FOR VEHICLE WINDOW
4y 4m to grant Granted Sep 15, 2026
Patent 12733682
ELECTRONIC VAPING DEVICE, BATTERY SECTION, AND CHARGER
3y 5m to grant Granted Sep 15, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
99%
With Interview (+37.0%)
3y 3m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 839 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month