DETAILED ACTION
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 .
Claim Objections
Claims 1-12 objected to because of the following informalities:
Claim 1 recites “the curie point”, which lacks antecedent basis, and will be interpreted to recite - - a curie point - -.
Claims 2-12 objected to based on a dependency on an objected-to claim.
Appropriate correction 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:
“a control unit” in claim 1.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: “The control unit 30 is generally an ECU (Engine (electronic) Control Unit), although not particularly limited thereto. The ECU is a CPU for executing various calculation processes, a ROM for storing programs and data required for its control, a RAM for temporarily storing results of calculations performed by the CPU, and input/output ports for inputting and outputting signals to and from the outside. The control unit 30 calculates the resistance from the magnitude of the current and voltage flowing through the honeycomb structure 21, and determines whether or not to apply voltage to the pair of electrodes 26a, 26b based on the results.” (paragraph 0109).
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 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.
Claim(s) 1, 6, 11-13, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kubo et al. (JP H10141687 A) and Zhang et al. (CN 2798498 Y).
Regarding claim 1, in embodiment 1, Kubo teaches:
A vehicle air conditioning system ("air conditioner 9"), comprising:
an air conditioning duct ("ventilation circuit", summary of the invention, paragraph 1, Kubo Annotated Figure 4)
through which air can flow ("When the air is supplied, the blowing means 12 is operated, the room air is sucked through the suction port 10, and the suction air is cooled or heated by the heat exchange action with the heat exchanger 11. The cooled or heated air passes through the deodorizing unit 1. At this time, the adsorbent contained in the adsorption oxidation catalyst layer 7 formed on the surface of the PTC heater 2 constituting the deodorizing unit 1 adsorbs odor components in the air, and the deodorized air passes through the blowing means 12. The air is blown into the room from the air outlet", best mode for carrying out the invention, embodiment 1, paragraph 12, Kubo Annotated Figure 4);
an air conditioning device ("deodorizing unit 1")
disposed in the air conditioning duct ("A deodorizing device having such a structure is installed in a ventilation circuit of an air conditioner.", summary of the invention, paragraph 1); and
wherein the air conditioning device comprises:
a honeycomb structure ("The PTC heater 2 has a large number of ventilation holes having a honeycomb-like, lattice-like or corrugated-like shape on both sides", best mode for carrying out the invention, embodiment 1, paragraph 5) comprising
an outer peripheral wall (Kubo Annotated Figure 1) and
partition walls (Kubo Annotated Figure 1)
disposed on an inner side of the outer peripheral wall (Kubo Annotated Figure 1),
the partition walls (Kubo Annotated Figure 1) defining
a plurality of cells ("ventilation passages", summary of the invention, paragraph 1, Kubo Annotated Figure 1),
each of the cells extending from
a first end face (Kubo Annotated Figure 3) to
a second end face (Kubo Annotated Figure 3)
to form a flow path (it would be obvious to a person having ordinary skill in the art that a ventilation passage would enable flow paths: "the present invention is formed so that both sides are opened in a honeycomb shape, a lattice shape or a corrugated shape, and have a large number of ventilation passages penetrating each other", summary of the invention, paragraph 1, Kubo Annotated Figure 3),
at least the partition walls being made of a material having a PTC property ("PTC heater 2 made of a thermistor with a positive temperature characteristic has both surfaces with many honey- comb shaped ventilating holes or the like", abstract);
a pair of electrodes ("electrode layer 5")
provided on the honeycomb structure ("The PTC heater 2 has a large number of ventilation holes having a honeycomb-like, lattice-like or corrugated-like shape on both sides, and an electrode layer 5 is formed on the surfaces of both sides", best mode for carrying out the invention, embodiment 1, paragraph 5); and
a functional material-containing layer ("adsorption oxidation catalyst layer 7")
formed on a surface of each of the partition walls ("A coating layer formed on the entire surface of the TC heater 2, 7 is an adsorption oxidation catalyst layer carried on the surface of the coating layer 6", best mode for carrying out the invention, embodiment 1, paragraph 4), and
wherein the air conditioner executes a voltage application to the pair of electrodes (a person having ordinary skill in the art would understand that any application of current necessarily includes an accompanying application of voltage: "the deodorizing unit 1 having the electrode terminals 4 provided diagonally, the level of current flowing when power is supplied to the PTC heater 2 is measured by a current measuring means 17 using a current transformer or the like, and a predetermined current value is supplied. The current determination means 18 determines whether or not the current is flowing", best mode for carrying out the invention, embodiment 5, paragraph 4)
to heat the honeycomb structure and regenerate the functional material-containing layer ("By energizing the PTC heater 2 in this way, the adsorbent contained in the adsorption oxidation catalyst layer 7 can regenerate the ability to adsorb odorous components, and the oxidation catalyst contained in the adsorption oxidation catalyst layer 7 can be regenerated", best mode for carrying out the invention, embodiment 1, paragraph 16)
Kubo’s embodiment 1 fails to teach:
a control unit for controlling the air conditioning device, wherein the control unit executes a voltage application to the pair of electrodes, and stops the voltage application to the pair of electrodes at a stage of reaching a Curie point of the honeycomb structure.
Kubo’s embodiment 5 teaches:
a control unit ("current measuring means 17", "current determination means 18", "power supply control means 19")
for controlling the air conditioning device ("the deodorizing unit 1 having the electrode terminals 4 provided diagonally, the level of current flowing when power is supplied to the PTC heater 2 is measured by a current measuring means 17 using a current transformer or the like, and a predetermined current value is supplied. The current determination means 18 determines whether or not the current is flowing, and if the current value is equal to or less than the predetermined current value or is equal to or more than the predetermined current value, the power supply control means 19 immediately stops the power supply means 0 to the PTC heater 2", best mode for carrying out the invention, embodiment 5, paragraph 4),
wherein the control unit executes a voltage application to the pair of electrodes ("the deodorizing unit 1 having the electrode terminals 4 provided diagonally, the level of current flowing when power is supplied to the PTC heater 2 is measured by a current measuring means 17 using a current transformer or the like, and a predetermined current value is supplied. The current determination means 18 determines whether or not the current is flowing", best mode for carrying out the invention, embodiment 5, paragraph 4) and
stops the voltage application to the pair of electrodes ("The current determination means 18 determines whether or not the current is flowing, and if the current value is equal to or less than the predetermined current value or is equal to or more than the predetermined current value, the power supply control means 19 immediately stops the power supply means 0 to the PTC heater 2", BEST MODE FOR CARRYING OUT THE INVENTION, embodiment 5, paragraph 4)
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the teachings of Kubo’s embodiment 1 to include “a control unit for controlling the air conditioning device, wherein the control unit executes a voltage application to the pair of electrodes and stops the voltage application to the pair of electrodes” in view of the teachings of Kubo’s embodiment 5 to "provide a highly safe deodorizing unit" (best mode for carrying out the invention, embodiment 3, paragraph 2).
Zhang teaches:
A control unit (“abnormal protection circuit (8)”)
stops the voltage application at a stage of reaching a Curie point of the PCT device (a person having ordinary skill in the art would understand that turning off the power supply would necessarily stop the voltage application: "an abnormal protection circuit (8) is connected with the filter circuit (3) outputs the positive end. when the occurrence of abnormality is high frequency feedback to the anode of the power supply, a voltage-rising, an abnormal protection circuit (8), off-drive control circuit (7) of supply, or the PTC detects the element temperature is too high, when the temperature reaches the Curie point of PTC PTC operation turn off power supply of the driving control circuit (7)", mode for invention, paragraph 11)
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combined teachings to include “A control unit stops the voltage application at a stage of reaching a Curie point of the honeycomb structure” in view of the teachings of Zhang to safely and reliably protect the circuit from damage (invention content, paragraph 5).
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Kubo Annotated Figure 4
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Regarding claim 6, the combined teachings teach the teachings of claim 1, as described above, and Kubo further teaches:
the air conditioning device ("deodorizing unit 1") further comprises
terminals ("electrode terminal 4")
connected to the pair of electrodes ("The electrode terminal 4 is electrically connected to the PTC heater 2 via an electrode layer 5 formed on the surface of the PTC heater 2", best mode for carrying out the invention, embodiment 1, paragraph 8).
Regarding claim 11, the combined teachings teach the teachings of claim 1, as described above, and Kubo further teaches:
the functional material-containing layer ("adsorption oxidation catalyst layer 7") comprises
a functional material having a function of adsorbing one or more selected from water vapor, carbon dioxide, and volatile components ("The present invention relates to an air conditioner having a deodorizing function which has a function of removing odorous components and enhances the safety protection function of a heating element and prevents a decrease in room temperature during rapid heating operation, auxiliary heating and dehumidifying operation", background of the invention, paragraph 1)
Regarding claim 12, the combined teachings teach the teachings of claim 1, as described above, and Kubo further teaches:
the functional material-containing layer comprises a catalyst ("The adsorption oxidation catalyst layer 7").
Regarding claim 13, in embodiment 1, Kubo teaches:
A method for regeneration ("The present invention has been made to solve the above-mentioned problems of the prior art, and has a honeycomb shape so as to adsorb odors in the air, decompose the adsorbed odor components and simultaneously regenerate the adsorption capacity", summary of the invention, paragraph 1) of
an air conditioning device ("deodorizing unit 1"), the air conditioning device comprising:
a honeycomb structure ("The PTC heater 2 has a large number of ventilation holes having a honeycomb-like, lattice-like or corrugated-like shape on both sides", best mode for carrying out the invention, embodiment 1, paragraph 5) comprising
an outer peripheral wall (Kubo Annotated Figure 1) and
partition walls (Kubo Annotated Figure 1)
disposed on an inner side of the outer peripheral wall (Kubo Annotated Figure 1),
the partition walls (Kubo Annotated Figure 1) defining
a plurality of cells ("ventilation passages", summary of the invention, paragraph 1, Kubo Annotated Figure 1),
each of the cells extending from
a first end face (Kubo Annotated Figure 3) to
a second end face (Kubo Annotated Figure 3)
to form a flow path (it would be obvious to a person having ordinary skill in the art that a ventilation passage would enable flow paths: "the present invention is formed so that both sides are opened in a honeycomb shape, a lattice shape or a corrugated shape, and have a large number of ventilation passages penetrating each other", summary of the invention, paragraph 1, Kubo Annotated Figure 3),
at least the partition walls being made of a material having a PTC property ("PTC heater 2 made of a thermistor with a positive temperature characteristic has both surfaces with many honey- comb shaped ventilating holes or the like", abstract);
a pair of electrodes ("electrode layer 5")
provided on the honeycomb structure ("The PTC heater 2 has a large number of ventilation holes having a honeycomb-like, lattice-like or corrugated-like shape on both sides, and an electrode layer 5 is formed on the surfaces of both sides", best mode for carrying out the invention, embodiment 1, paragraph 5); and
a functional material-containing layer ("adsorption oxidation catalyst layer 7")
formed on a surface of each of the partition walls ("A coating layer formed on the entire surface of the TC heater 2, 7 is an adsorption oxidation catalyst layer carried on the surface of the coating layer 6", best mode for carrying out the invention, embodiment 1, paragraph 4), wherein
the method comprises
executing a voltage application to the pair of electrodes (a person having ordinary skill in the art would understand that any application of current necessarily includes an accompanying application of voltage: "the deodorizing unit 1 having the electrode terminals 4 provided diagonally, the level of current flowing when power is supplied to the PTC heater 2 is measured by a current measuring means 17 using a current transformer or the like, and a predetermined current value is supplied. The current determination means 18 determines whether or not the current is flowing", best mode for carrying out the invention, embodiment 5, paragraph 4)
to heat the honeycomb structure and regenerate the functional material-containing layer ("By energizing the PTC heater 2 in this way, the adsorbent contained in the adsorption oxidation catalyst layer 7 can regenerate the ability to adsorb odorous components, and the oxidation catalyst contained in the adsorption oxidation catalyst layer 7 can be regenerated", best mode for carrying out the invention, embodiment 1, paragraph 16)
Kubo’s embodiment 1 fails to teach:
stopping the voltage application to the pair of electrodes at a state of reaching a Curie point of the honeycomb structure.
Zhang teaches:
stopping the voltage application at a stage of reaching the Curie point of the PCT device (a person having ordinary skill in the art would understand that turning off the power supply would necessarily stop the voltage application: "an abnormal protection circuit (8) is connected with the filter circuit (3) outputs the positive end. when the occurrence of abnormality is high frequency feedback to the anode of the power supply, a voltage-rising, an abnormal protection circuit (8), off-drive control circuit (7) of supply, or the PTC detects the element temperature is too high, when the temperature reaches the Curie point of PTC PTC operation turn off power supply of the driving control circuit (7)", mode for invention, paragraph 11)
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combined teachings to include “stopping the voltage application at a stage of reaching the Curie point of the honeycomb structure” in view of the teachings of Zhang to safely and reliably protect the circuit from damage (invention content, paragraph 5).
Claim(s) 2 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kubo et al. (JP H10141687 A) and Zhang et al. (CN 2798498 Y), as applied to claims 1 and 13 above, and further in view of Moe et al. (US 5521850 A).
Regarding claim 2, the combined teachings teach the teachings of claim 1, as described above, and further teach:
the control unit (kubo: "current measuring means 17", "current determination means 18", "power supply control means 19"; Zhang: “abnormal protection circuit (8)”)
determines the stage of reaching the Curie point (Zhang: “an abnormal protection circuit (8), off-drive control circuit (7) of supply, or the PTC detects the element temperature is too high, when the temperature reaches the Curie point of PTC”, mode for invention, paragraph 11) of
the honeycomb structure (Kubo: "The PTC heater 2 has a large number of ventilation holes having a honeycomb-like, lattice-like or corrugated-like shape on both sides", best mode for carrying out the invention, embodiment 1, paragraph 5) by
the combined teachings fail to teach:
calculating a resistance ratio of a resistance over time during the voltage application to an initial resistance of the honeycomb structure.
However, Moe teaches:
Calculating (“The microcomputer, through a multiplexer, energizes each of the heaters in sequence. Current and voltage data are detected, and stored in the computer memory. Using this stored data, each of the heater's resistance is calculated. A temperature, usually room temperature at startup, is assigned to the calculated resistance. This then becomes the calibrated resistance value for each of the particular heaters. This calibrating process is then repeated for each heater in the system. In the run mode, current and voltage for each of the heaters is sensed, and the resistance calculated. This resistance is divided by the calibrated base resistance to obtain a normalized resistance ratio. The computer then compares the calculated ratio to a temperature ratio look-up table to determine actual heater temperature. The ratio look-up table can be an algorithm or algorithms stored in the microcomputer for the multiple heaters. The microcomputer, which can be a personal computer such as an IBM PC, can control one heater or multiple heaters, or any other suitable computer for this application.”, summary of the invention, paragraph 9)
a resistance ratio (“resistance ratio”, summary of the invention, paragraph 9) of
a resistance (“In the run mode, current and voltage for each of the heaters is sensed, and the resistance calculated”, summary of the invention, paragraph 9)
over time (“In a typical run mode for a set point of 200.degree. C., the computer will calculate the normalized resistance ratios and compare this to 1.97. If the calculated ratio is smaller than 1.97, the heater will remain energized. If it is greater, the heater will be turned off via switch SS1. The actual process temperature can be derived by the computer through interpolation and displayed. The process is repeated for each heater as the system multiplexes from heater to heater. The actual sample time and time interval until a specific heater is again sampled will depend on the computer software and the A/D converter's clock and conversion rate. Typically each heater will be sampled every 0.1 to 0.5 seconds for a time period of 25 to 50 milliseconds.”, detailed description of the preferred embodiments, paragraph 8)
during the voltage application (a person having ordinary skill in the art would understand the application of power to be electrical power (P=IV), which necessarily includes an application of voltage: “Apparatus for calibrating and controlling operation of multiple positive temperature coefficient electrical resistance heaters having power supply means and switch means for controlling the application of power to each of said heaters”, claim 11) to
an initial resistance (“Current and voltage data are detected, and stored in the computer memory. Using this stored data, each of the heater's resistance is calculated. A temperature, usually room temperature at startup, is assigned to the calculated resistance. This then becomes the calibrated resistance value for each of the particular heaters.”, summary of the invention, paragraph 9) of
the PCT heater (“positive temperature coefficient electrical resistance heaters”, claim 11).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combined teachings to include “calculating a resistance ratio of a resistance over time during the voltage application to an initial resistance of the honeycomb structure” in view of the teachings of Moe for “providing an integral heater/sensor control system for multiple heaters of the type and material as later discussed in detail with variable base resistance, and also eliminates the individual temperature sensors for each heater and all of the associated wiring and connectors for each heater zone” (background of the invention, paragraph 7).
Regarding claim 14, the combined teaching teach the teachings of claim 13, as described above, and further teach:
the stage of reaching the Curie point (Zhang: “an abnormal protection circuit (8), off-drive control circuit (7) of supply, or the PTC detects the element temperature is too high, when the temperature reaches the Curie point of PTC”, mode for invention, paragraph 11) of
the honeycomb structure (Kubo: "The PTC heater 2 has a large number of ventilation holes having a honeycomb-like, lattice-like or corrugated-like shape on both sides", best mode for carrying out the invention, embodiment 1, paragraph 5) is
The combined teachings fail to teach
determined by calculating a resistance ratio of a resistance over time during the voltage application to an initial resistance of the honeycomb structure.
However, Moe teaches:
determined by calculating (“The microcomputer, through a multiplexer, energizes each of the heaters in sequence. Current and voltage data are detected, and stored in the computer memory. Using this stored data, each of the heater's resistance is calculated. A temperature, usually room temperature at startup, is assigned to the calculated resistance. This then becomes the calibrated resistance value for each of the particular heaters. This calibrating process is then repeated for each heater in the system. In the run mode, current and voltage for each of the heaters is sensed, and the resistance calculated. This resistance is divided by the calibrated base resistance to obtain a normalized resistance ratio. The computer then compares the calculated ratio to a temperature ratio look-up table to determine actual heater temperature. The ratio look-up table can be an algorithm or algorithms stored in the microcomputer for the multiple heaters. The microcomputer, which can be a personal computer such as an IBM PC, can control one heater or multiple heaters, or any other suitable computer for this application.”, summary of the invention, paragraph 9)
a resistance ratio (“resistance ratio”, summary of the invention, paragraph 9) of
a resistance (“In the run mode, current and voltage for each of the heaters is sensed, and the resistance calculated”, summary of the invention, paragraph 9)
over time (“In a typical run mode for a set point of 200.degree. C., the computer will calculate the normalized resistance ratios and compare this to 1.97. If the calculated ratio is smaller than 1.97, the heater will remain energized. If it is greater, the heater will be turned off via switch SS1. The actual process temperature can be derived by the computer through interpolation and displayed. The process is repeated for each heater as the system multiplexes from heater to heater. The actual sample time and time interval until a specific heater is again sampled will depend on the computer software and the A/D converter's clock and conversion rate. Typically each heater will be sampled every 0.1 to 0.5 seconds for a time period of 25 to 50 milliseconds.”, detailed description of the preferred embodiments, paragraph 8)
during the voltage application (a person having ordinary skill in the art would understand the application of power to be electrical power (P=IV), which necessarily includes an application of voltage: “Apparatus for calibrating and controlling operation of multiple positive temperature coefficient electrical resistance heaters having power supply means and switch means for controlling the application of power to each of said heaters”, claim 11) to
an initial resistance (“Current and voltage data are detected, and stored in the computer memory. Using this stored data, each of the heater's resistance is calculated. A temperature, usually room temperature at startup, is assigned to the calculated resistance. This then becomes the calibrated resistance value for each of the particular heaters.”, summary of the invention, paragraph 9) of
the PCT heater (“positive temperature coefficient electrical resistance heaters”, claim 11).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combined teachings to include “determined by calculating a resistance ratio of a resistance over time during the voltage application to an initial resistance of the honeycomb structure” in view of the teachings of Moe for “providing an integral heater/sensor control system for multiple heaters of the type and material as later discussed in detail with variable base resistance, and also eliminates the individual temperature sensors for each heater and all of the associated wiring and connectors for each heater zone” (background of the invention, paragraph 7).
Claims 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kubo et al. (JP H10141687 A) and Zhang et al. (CN 2798498 Y), as applied to claims 1 above, and further in view of Miyairi et al. (US 20210041141 A1).
Regarding claim 7, the combined teachings teach the teachings of claim 1, as described above, but fail to teach:
the material having the PTC property is made of a material comprising barium titanate as a main component, the material being substantially free of lead.
However, Miyairi teaches:
the material having the PTC property is made of a material comprising barium titanate as a main component ("having PTC characteristics, the outer peripheral side wall 112 and the partition walls 113 are preferably ceramics composed of a material containing barium titanate as a main component", paragraph 0072),
the material being substantially free of lead ("since the PTC material used for the pillar-shaped honeycomb structure portion according to one embodiment of the present invention is in direct contact with air, it is preferable that the pillar-shaped honeycomb structure portion does not contain lead which is a harmful component", paragraph 0069).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combined teachings to include “the material having the PTC property is made of a material comprising barium titanate as a main component, the material being substantially free of lead” in view of the teachings of Miyairi for its desirable PTC characteristics, such as curie temperature (paragraphs 0072 and 0074).
Regarding claim 8, the combined teachings teach the teachings of claim 1, as described above, but fail to teach:
the material having the PTC property has a volume resistivity of 0.5 to 30 Ω·cm at 25°C.
However, Miyairi teaches:
the material having the PTC property has a volume resistivity of 0.5 to 30 Ω·cm at 25°C ("the heater element according to the present invention includes a pillar-shaped honeycomb structure portion having PTC characteristics", paragraph 0068, "room temperature volume resistivity of honeycomb material (Ωcm) 10, 10, 10, 10", table 1-1, "room temperature (20° C.)", paragraph 0075)
Per MPEP 2144.05, in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. Thus, the claim limitation is obvious.
Regarding claim 9, the combined teachings teach the teachings of claim 1, as described above, but fail to teach:
the honeycomb structure has a thickness of the partition wall of 0.300 mm or less, a cell density of 100 cells/cm2 or less, and a cell pitch of 1.0 mm or more.
However, Miyairi teaches:
the honeycomb structure ("honeycomb heater", paragraph 0005) has
a thickness of the partition wall of 0.300 mm or less ("the upper limit of the average thickness of the partition walls 113 in the honeycomb structure portion is preferably 0.13 mm or less", paragraph 0076),
a cell density of 100 cells/cm2 or less ("The pillar-shaped honeycomb structure portion preferably has a cell density of 60 cells/cm.sup.2 or more", "the pillar-shaped honeycomb structure portion preferably has a cell density of 150 cells/cm.sup.2 or less", paragraph 0084), and
a cell pitch of 1.0 mm or more ("The pillar-shaped honeycomb structure portion preferably has a cell density of 60 cells/cm.sup.2 or more", "the pillar-shaped honeycomb structure portion preferably has a cell density of 150 cells/cm.sup.2 or less", paragraph 0084).
Per MPEP 2144.05, in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. Thus, the claim limitation is obvious.
Regarding claim 10, the combined teachings teach the teachings of claim 1, as described above, but fail to teach:
the honeycomb structure has a thickness of the partition wall of 0.08 to 0.36 mm, a cell density of 2.54 to 140 cells/cm2, and an opening ratio of the cells of 0.70 or more.
However, Miyairi teaches:
the honeycomb structure ("honeycomb heater", paragraph 0005) has
a thickness of the partition wall of 0.08 to 0.36 mm ("the upper limit of the average thickness of the partition walls 113 in the honeycomb structure portion is preferably 0.13 mm or less", paragraph 0076),
a cell density of 2.54 to 140 cells/cm2 ("The pillar-shaped honeycomb structure portion preferably has a cell density of 60 cells/cm.sup.2 or more", "the pillar-shaped honeycomb structure portion preferably has a cell density of 150 cells/cm.sup.2 or less", paragraph 0084), and
an opening ratio of the cells of 0.70 or more ("(Average) Cell pitch (mm) 1.27 1.80 1.47 1.27", table 1-1).
Per MPEP 2144.05, in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. Thus, the claim limitation is obvious.
Allowable Subject Matter
Claims 3-5 and 15-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 3, the closest arts of record, Kubo et al. (JP H10141687 A), Zhang et al. (CN 2798498 Y), Moe et al. (US 5521850 A), and Wang et al. (CN 201210259 Y), alone or in combination, do not teach, suggest, or make obvious the full scope of the claim limitations.
The combined teachings teach the limitations of claim 2, as described above, and further teach:
the control unit (kubo: "current measuring means 17", "current determination means 18", "power supply control means 19"; Zhang: “abnormal protection circuit (8)”; Moe: “temperature controller”, background/summary, paragraph 11)
stops the voltage application to (Kubo: "The current determination means 18 determines whether or not the current is flowing, and if the current value is equal to or less than the predetermined current value or is equal to or more than the predetermined current value, the power supply control means 19 immediately stops the power supply means 0 to the PTC heater 2", BEST MODE FOR CARRYING OUT THE INVENTION, embodiment 5, paragraph 4)
the pair of electrodes (Kubo: "electrode layer 5")
Wang teaches:
calculates an amount of variation in the resistance ratio (“the temperature control of the point relative to the ratio of specific resistance value deviation and positive temperature coefficient heating element independent of the circuit can adapt at the same temperature resistance larger deviation of positive temperature coefficient heating element”, mode for invention, preferred embodiment, paragraph 10)
However, the above teachings, alone or in combination, do not teach, suggest, or make obvious:
the control unit calculates an amount of variation in the resistance ratio per a predetermined time, checks a maximum value of the amount of variation, and then stops the voltage application to the pair of electrodes at the stage where the amount of variation becomes 2/3 or less of the maximum value of the amount of variation.
Regarding claim 15, the closest arts of record, Kubo et al. (JP H10141687 A), Zhang et al. (CN 2798498 Y), Moe et al. (US 5521850 A), and Wang et al. (CN 201210259 Y), alone or in combination, do not teach, suggest, or make obvious the full scope of the claim limitations.
The combined teachings teach the limitations of claim 14, as described above, and further teach:
the voltage application is stopped (Kubo: "The current determination means 18 determines whether or not the current is flowing, and if the current value is equal to or less than the predetermined current value or is equal to or more than the predetermined current value, the power supply control means 19 immediately stops the power supply means 0 to the PTC heater 2", BEST MODE FOR CARRYING OUT THE INVENTION, embodiment 5, paragraph 4)
the pair of electrodes (Kubo: "electrode layer 5")
Wang teaches:
an amount of variation in the resistance ratio is calculated (“the temperature control of the point relative to the ratio of specific resistance value deviation and positive temperature coefficient heating element independent of the circuit can adapt at the same temperature resistance larger deviation of positive temperature coefficient heating element”, mode for invention, preferred embodiment, paragraph 10)
However, the above teachings, alone or in combination, do not teach, suggest, or make obvious:
an amount of variation in the resistance ratio per a predetermined time is calculated, a maximum value of the amount of variation is checked, and then the voltage application to the pair of electrodes is stopped at a stage where the amount of variation becomes 2/3 or less of the maximum value of the amount of variation.
Claims 4-5 and 16-17 have allowable subject matter due to a dependence on a claim which has allowable subject matter.
Conclusion
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/JOSHUA M STICKEL/ Examiner, Art Unit 3763
/ELIZABETH J MARTIN/ Primary Examiner, Art Unit 3763
