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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/23/2025 has been entered.
Response to Arguments
This Office Action is in response to the Amendment filed 12/23/2025. As directed by the amendment, Claims 1, 46, and 48 amended, Claims 45 and 47 are canceled. Claims 1, 43-44, 46, 48, and 118-130 are pending in the application.
Regarding the Office Action filed 09/23/2025:
The rejections to the claims under 35 USC § 112b have been resolved.
Applicant's arguments filed 12/23/2025 have been fully considered but they are not persuasive. Applicant states Jackson fails to teach layers with different properties, specifically Jackson does not a compliant thermal interface material since it only lists rigid or semi-rigid materials. Examiner disagrees as Jackson teaches [0182] In other embodiments the multiple layers of insulation 2920, 2925 may be made from other sheet electrical insulators such as silicon. Examiner notes that “silicon” should be “silicone” as “silicon” as a sheet would be considered silicone since silicon refers to the naturally occurring chemical element and silicone refers to products derived from silicon. Silicone is a known as a flexible material. Additionally, Applicant’s specifications teaches [0047] In some configurations, the compliant insulation material can comprise silicone or silicone compound. Therefore, at least the recitation of silicon[e] in Jackson teaches a compliant thermal interface material. Which reads on the limitation “configured to displace air gas by conforming and compressing” as taught by the clamping in [0172] and [0179] of Jackson. Additionally, Jackson already teaches an electrical insulation layer made from mica sheets and Belongia is solely relied upon to teach that the mica sheet electrical insulating layer of Jackson can be rigid. However, Jackson teaches [0182] In other embodiments the multiple layers of insulation 2920, 2925 may be made from other sheet electrical insulators such as silicon, polyether ether ketone (PEEK) or polyimide (for example, Kapton, a registered trademark of E. I. du Pont de Nemours and Co.). Examiner notes that PEEK is a known inflexible material. Thus, Jackson alone or in combination with Belongia teaches layers with different properties.
Applicant states Jackson’s purpose contradicts the claimed invention. Examiner disagrees because Jackson clearly states in [0182] “Each of the multiple layers of insulation 2920, 2925 may provide electrical insulation and thermal conduction” which teaches thermal coupling and the gap elimination is taught by the increased clamping and added pressure in [0172] and [0179] of Jackson. By clamping the layers of insulation taught by Jackson, the invention effectively conforms and compresses the layers and thus eliminates gaps between the layers.
Applicant argues the “configured to” recitation requires intentional and specific structural adaptation in order to teach the limitation. Examiner notes that in the claim the support for the intentional and specific structural adaptation would be “a compliant thermal interface later” and the thermal interface layer being “between the top heating plate and the heating element”. As stated above at least the recitation of silicon[e] in Jackson teaches a compliant thermal interface material, the positioning of the thermal interface layer is addressed in [0172] The heater plate set 2925 as herein described refers to at least one or more layers of insulation located between the heating element 2930 and the heater plate 2903; figure 29F and 29H-I. The conforming and compressing to the shape of the underside surface of the top heating plate is taught by the increased clamping and added pressure in [0172] and [0179] of Jackson. By clamping the layers of insulation taught by Jackson, the invention effectively conforms and compresses the layers and thus eliminates gaps between the layers. Jackson [0179] The pressure applied to the back plate set 2920 holds the heating element 2930 nearer to the heater plate 2903. Examiner notes since the heater plate set 2925 is between the heating element 2930 and the heater plate 2903, the clamping and pressure applied to hold the heating element 2930 nearer to the heater plate 2903 also compresses the heater plate set 2925, and thus the layers that comprise the heater plate set 2925, closer to the underside surface heater plate 2903.
Claim Objections
Claim 48 is objected to because of the following informalities:
Claim 48, line 3, “a heating element” should be “the heating element”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 48 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 48 recites the limitation “the at least one inflexible electrical insulation layer being located between a heating element of the heating element subassembly and the bottom plate” and claim 1, which claim 48 is dependent on, recites the limitation “the at least one inflexible electrical insulation layer being located between the thermal interface layer and a heating element of the heating element subassembly”. This is indefinite because the same “the at least one inflexible electrical insulation layer” cannot be located “between a heating element of the heating element subassembly and the bottom plate” and “between the thermal interface layer and a heating element of the heating element subassembly” as the thermal interface layer is between the top heating plate and the heating element as per claim 1. Examiner understands and is interpreting the at least one inflexible electrical insulation layer to be an additional inflexible electrical insulation layer as the one cited in claim 1 that is “located between the thermal interface layer and a heating element of the heating element subassembly”. Examiner suggests amending claim 1 to read “a first inflexible electrical insulation layer of the at least one inflexible electrical insulation layer being located between the thermal interface layer and a heating element of the heating element subassembly” and claim 48 to read “a second inflexible electrical insulation layer of the at least one inflexible electrical insulation layer being located between the thermal interface layer and a heating element of the heating element subassembly” or some other way to differentiate between the inflexible electrical insulation layers recited in claim 1 and in claim 48.
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.
Claim(s) 1, 43-44, 48, 120-121, 128, and 130 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al. (US 20160228671 A1).
Regarding claim 1, Jackson discloses a multi-layer heater plate assembly for a respiratory humidifier ([0171 - 0189] heater plate assembly 2900; figure 29A-K), the multi-layer heater plate assembly (2900; figure 29A) comprising:
a top heating plate comprising an underside surface ([0171] heater plate 2903; figure 29A-C), the underside surface comprising a shape (see figure 29B-C, for underside of 2903 that houses heating element 2930);
a heating element subassembly ([0172] combination of elements heater plate set 2925, heating element 2930, and back plate set 2920; figure 29B-29C and 29F-29I) configured to generate heat (see [0174]), the heating element subassembly located below the top heating plate (see figure 29B and [0172]), the heating element subassembly comprising at least one inflexible electrical insulation layer ([0182] The multiple layers of insulation 2920, 2925 may be located near the heating element 2930. Each of the multiple layers of insulation 2920, 2925 may provide electrical insulation and thermal conduction. The multiple layers of insulation 2920, 2925 may improve the safety of the electrical system. In some embodiments the multiple layers of insulation 2920, 2925 may be made from mica sheets. In other embodiments the multiple layers of insulation 2920, 2925 may be made from other sheet electrical insulators such as silicon, polyether ether ketone (PEEK) or polyimide (for example, Kapton, a registered trademark of E. I. du Pont de Nemours and Co.). Examiner notes that polyether ketone (PEEK) is known to be rigid/stiff);
a thermal interface layer comprising a compliant thermal interface material ([0172] The heater plate set 2925 as herein described refers to at least one or more layers of insulation located between the heating element 2930 and the heater plate 2903; figure 29F and 29H-I. [0182] Each of the multiple layers of insulation 2920, 2925 may provide electrical insulation and thermal conduction. In some embodiments the multiple layers of insulation 2920, 2925 may be made from mica sheets. In other embodiments the multiple layers of insulation 2920, 2925 may be made from other sheet electrical insulators such as silicon, polyether ether ketone (PEEK) or polyimide (for example, Kapton, a registered trademark of E. I. du Pont de Nemours and Co.). Examiner notes that “silicon” should be “silicone” as “silicon” as a sheet would be considered silicone since silicon refers to the naturally occurring chemical element and silicone refers to products derived from silicon. Silicone is a known as a flexible material), the thermal interface layer being between the top heating plate and the heating element subassembly ([0172] The heater plate set 2925 as herein described refers to at least one or more layers of insulation located between the heating element 2930 and the heater plate 2903; figure 29F and 29H-I. Examiner notes that heater plate set 2925 is located at a top portion of the heating element subassembly and is thereby located between the heater plate 2903 and other elements of the heating element subassembly, i.e. heating element 2930, and back plate set 2920) and being configured to displace air gaps between the top heating plate and the heating element subassembly by conforming and compressing to the shape of the underside surface of the top heating plate (this is a functional limitation: "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). [0172] The heater plate set 2925 as herein described refers to at least one or more layers of insulation located between the heating element 2930 and the heater plate 2903…The heater plate assembly 2900 is clamped to prevent unwanted liquid entry into the heater plate assembly 2900 which could cause a short. In an embodiment, the heater plate assembly 2900 is clamped to prevent liquid entry to the IPX2 standard. [0179] The back plate 2905 may be applied onto the back plate set 2925 (typo, should be [2920]). The back plate 2905 may provide pressure to the at least one insulatory piece 2915. Thus, the at least one insulatory piece 2915 may provide pressure to the back plate set 2920. The pressure applied to the back plate set 2920 holds the heating element 2930 nearer to the heater plate 2903. The increased clamping allowed by the present design allows the heater plate assembly 2900 to run cooler overall and reduces hot spots; figure 29D-F. Examiner notes that the heater plate set 2925 sandwiches the surfaces between the heater plate 2903 and the heating element 2930, thus displacing air gaps between the heater plate 2903 and the heating element 2930 when heater plate assembly 2900 is clamped in the same fashion as the back plate set 2920 sandwiches the surfaces between the underside of the heating element 2930 and the upper surface of the back plate 2905, thus displacing air gaps between the back plate 2905 and heater plate 2903 when heater plate assembly 2900 is clamped. Additionally, since the heater plate set 2925 is between the heating element 2930 and the heater plate 2903, the clamping and pressure applied to hold the heating element 2930 nearer to the heater plate 2903 also compresses the heater plate set 2925, and thus the layers that comprise the heater plate set 2925, closer to the underside surface heater plate 2903).
Jackson does not explicitly disclose the top heating plate, the heating element subassembly and the thermal interface layer being removably coupled together.
Jackson teaches [0172] The heater plate assembly 2900 is clamped to prevent unwanted liquid entry into the heater plate assembly 2900 which could cause a short. Examiner notes that the heater plate assembly appears to be attached together via holes around the edge of back plate 2905 and complementary screws or some other type of fastener around the edge of heater element 2930 or vice versa, see figure 29A-D.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to make the connection of the top heating plate, the heating element subassembly and the thermal interface layer removable in a known manner (via screws as seen above, etc.) for maintenance, cleaning, or replacement of individual parts and since it has been held that if it were considered desirable for any reason to obtain access by making a part removable it would be obvious to make a part removable for that purpose. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961).
Jackson does not explicitly disclose the at least one inflexible electrical insulation layer (rigid PEEK electrical insulation sheet of 2920 or 2925) is located between the thermal interface layer (thermal conducting layer of 2925) and a heating element (2930) of the heating element subassembly.
Jackson does not disclose how the layers of insulation are arranged. However, Jackson teaches [0182] Each of the multiple layers of insulation 2920, 2925 may provide electrical insulation and thermal conduction. The multiple layers of insulation 2920, 2925 may improve the safety of the electrical system. In some embodiments the multiple layers of insulation 2920, 2925 may be made from mica sheets. In other embodiments the multiple layers of insulation 2920, 2925 may be made from other sheet electrical insulators such as silicon, polyether ether ketone (PEEK) or polyimide (for example, Kapton, a registered trademark of E. I. du Pont de Nemours and Co.). [0185] the back plate set 2920 and the heater plate set 2925 can each include multiple layers of insulation…the heater plate set 2925 can include two layers of insulation.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the heater element subassembly to implement one of the rigid PEEK electrical insulation sheet to be between the compliant thermal conducting layer of the heater plate set, such as a layer of silicone, and the heating element, as it would have been obvious to try this arrangement as a possible combination of two layers of insulation providing thermal conduction and electrical insulation.
Regarding claim 43, modified Jackson discloses the multi-layer heater plate assembly of claim 1, wherein the thermal interface layer is electrically insulating ([0182] Each of the multiple layers of insulation 2920, 2925 may provide electrical insulation and thermal conduction).
Regarding claim 44, modified Jackson discloses the multi-layer heater plate assembly of claim 1, further comprising a second compliant thermal interface layer ([0172] The heater plate set 2925 as herein described refers to at least one or more layers of insulation located between the heating element 2930 and the heater plate 2903) configured to displace air gaps between the top heating plate and the heating element subassembly (this is a functional limitation: "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). [0172] The heater plate set 2925 as herein described refers to at least one or more layers of insulation located between the heating element 2930 and the heater plate 2903…The heater plate assembly 2900 is clamped to prevent unwanted liquid entry into the heater plate assembly 2900 which could cause a short. In an embodiment, the heater plate assembly 2900 is clamped to prevent liquid entry to the IPX2 standard. Examiner notes that the heater plate set 2925 sandwiches the surfaces between the heater plate 2903 and the heating element 2930, thus displacing air gaps between the heater plate 2903 and the heating element 2930 when heater plate assembly 2900 is clamped. Additionally, since the heater plate set 2925 is between the heating element 2930 and the heater plate 2903, the clamping and pressure applied to hold the heating element 2930 nearer to the heater plate 2903 also compresses the heater plate set 2925, and thus the layers that comprise the heater plate set 2925, closer to the underside surface heater plate 2903).
Regarding claim 48, modified Jackson teaches the multi-layer heater plate assembly of claim 1, further comprising a bottom plate ([0172] back plate 2905; figure 29A-B and 29D), the at least one inflexible electrical insulation layer (rigid PEEK electrical insulation sheet of 2920 or 2925) being located between a heating element of the heating element subassembly and the bottom plate ([0172] A back plate set 2920 as herein described refers to at least one or more layers of insulation located between the back plate 2905 and the heating element 2930).
Regarding claim 120, modified Jackson discloses the multi-layer heater plate assembly of claim 1, further comprising a bottom plate ([0172] back plate 2905; figure 29A-B and 29D), the heating element subassembly being bound by the top heating plate and the bottom plate (see figure 29B and [0172]).
Regarding claim 121, modified Jackson discloses the multi-layer heater plate assembly of claim 120, wherein the multi-layer heater plate assembly is removably coupled together by one or more fasteners (Examiner notes as per the modification above that the heater plate assembly 2900 is to be attached together via holes around the edge of back plate 2905 and complementary screws or some other type of fastener around the edge of heater element 2930 or vice versa; see figure 29A-D).
Regarding claim 128, modified Jackson discloses the multi-layer heater plate assembly of claim 1, wherein the compliant thermal interface material comprises silicone or silicone compound ([0182] In other embodiments the multiple layers of insulation 2920, 2925 may be made from other sheet electrical insulators such as silicon. Examiner notes that “silicon” should be “silicone” as “silicon” as a sheet would be considered silicone since silicon refers to the naturally occurring chemical element and silicone refers to products derived from silicon).
Regarding claim 130, modified Jackson discloses the multi-layer heater plate assembly of claim 1, wherein the compliant thermal interface material is elastic ([0182] In other embodiments the multiple layers of insulation 2920, 2925 may be made from other sheet electrical insulators such as silicon, polyether ether ketone (PEEK) or polyimide (for example, Kapton, a registered trademark of E. I. du Pont de Nemours and Co.). Examiner notes that “silicon” should be “silicone” as “silicon” as a sheet would be considered silicone since silicon refers to the naturally occurring chemical element and silicone refers to products derived from silicon, additionally, silicone is known as an elastic material).
Claim(s) 46 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al. (US 20160228671 A1) as applied to claim 1 above, and further in view of Belongia et al. (US 20150305089 A1).
Regarding claim 46, modified Jackson teaches the multi-layer heater plate assembly of claim 1, but is silent as to wherein the at least one inflexible electrical insulation layer comprises mica.
However, Jackson teaches [0182] the multiple layers of insulation 2920, 2925 may be made from mica sheets. In other embodiments the multiple layers of insulation 2920, 2925 may be made from other sheet electrical insulators such as silicon, polyether ether ketone (PEEK) or polyimide (for example, Kapton, a registered trademark of E. I. du Pont de Nemours and Co.).
Additionally, Belongia teaches an inflexible electrical insulator comprising mica ([0048] it is contemplated that a rigid material, such as a mica material, may be used for the electrical barriers 156 and 256).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the inflexible PEEK electrical insulation layer of Jackson to instead be made from rigid mica sheets, as taught by Belongia, as it would have been obvious substitution of one known element for another, using the rigid mica material taught by Belongia in place of the PEEK material of Jackson, and would provide predictable results, providing an electrical barrier/insulator (see Belongia [0048]).
Claim(s) 118 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al. (US 20160228671 A1) as applied to claim 1 above, and further in view of Tang et al. (US 20140131904 A1).
Regarding claim 118, modified Jackson discloses the multi-layer heater plate assembly of claim 1, further comprising a bottom plate ([0172] back plate 2905; figure 29A-B and 29D), the heating element subassembly comprising two inflexible electrical insulation layers ([0182] The multiple layers of insulation 2920, 2925 may be located near the heating element 2930. Each of the multiple layers of insulation 2920, 2925 may provide electrical insulation and thermal conduction. The multiple layers of insulation 2920, 2925 may improve the safety of the electrical system. In some embodiments the multiple layers of insulation 2920, 2925 may be made from mica sheets. In other embodiments the multiple layers of insulation 2920, 2925 may be made from other sheet electrical insulators such as silicon, polyether ether ketone (PEEK) or polyimide (for example, Kapton, a registered trademark of E. I. du Pont de Nemours and Co.). Examiner notes that polyether ketone (PEEK) is known to be rigid/stiff) but is silent as to that they abut the bottom plate.
However, Tang teaches a layered heating plate assembly (figure 6) wherein multiple layers abut the bottom plate ([0079] The tub 60 includes sidewalls 64, or sidewall portions, or tub sidewalls extending around the entire perimeter of the tub and a bottom wall 66 which joins to the sidewalls. A heating apparatus or heating assembly 68 is incorporated into the bottom wall 66. In an example, the sidewalls 64 and bottom wall 66 (e.g., formed of plastic) are overmolded onto the heating apparatus 68. In the illustrated example, the bottom wall 66 is molded over peripheral edges of the dielectric layer 72, heating element 74, and protective layer 76).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the bottom plate of Jackson to be constructed to be molded over peripheral edges of the heating element and multiple layers of electrical insulation in order to secure the elements of the heating apparatus as taught by Tang, when the entire heater plate assembly is coupled together. As modified, the inflexible electrical insulation layers comprising PEEK sheets abut the bottom plate.
Claim(s) 119 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al. (US 20160228671 A1) as applied to claim 1 above, and further in view of Andel et al. (US 20090107980 A1).
Regarding claim 119, modified Jackson discloses the multi-layer heater plate assembly of claim 1, but is silent as to wherein the top heating plate comprises a recess, the recess being sized and configured to receiving the thermal interface layer.
However, Andel teaches a hot plate heater (28; figure 1-8) comprising a top heating plate (hot plate 100; figure 2-8) with a recess being sized and configured to receiving elements of the heater (see underside 112 of disc 102 of hot plate 100; figure 2-8, specifically see figures 5-7. [0024] A heating element 110 is in thermal communication with hot plate 100 such as by being secured to the underside surface 112 of disc 102).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the heater plate of Jackson to implement a recessed portion for receiving and securing elements of the heater such as the heating element, as taught by Andel. As modified, the heater plate of Jackson is configured to receive the heating element subassembly including the thermal interface layer.
Claim(s) 122 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al. (US 20160228671 A1) as applied to claim 121 above, and further in view of Valenta et al. (US 3806102 A).
Regarding claim 122, modified Jackson discloses the multi-layer heater plate assembly of claim 121, but is silent as to wherein bolts secure the bottom plate to the top heating plate with the heating element subassembly and the thermal interface layer therebetween.
However, Valenta teaches a medical humidifier (title) wherein bolts secure the bottom plate to the top heating plate with the heating element subassembly and the thermal interface layer therebetween (Basically the heater 12 is of conventional design comprising a hot plate 26 in which there is embedded a resistance heating element 28 providing an overall generally constant temperature of the heating surface 30. A bottom cover plate 32 is affixed to the hot plate 26 by means such as a screw 34 and covers the internal wiring, not shown; col. 3 line 50-56).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the coupling of the heater plate assembly of Jackson to implement bolting screws to affix the top heating plate to the bottom plate during use, as taught by Valenta col. 3 line 50-56, while allowing for disassembly for maintenance, cleaning, or replacement of individual components.
Claim(s) 123 and 125 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al. (US 20160228671 A1) as applied to claim 1 above, and further in view of Lebatteur et al. (EP 3345646 A1).
Regarding claim 123, modified Jackson discloses the multi-layer heater plate assembly of claim 1, but is silent as to wherein the top heating plate comprises a sensor-mounting block, the sensor-mounting block being configured to receive at least one temperature sensor.
However, Lebatteur teaches a multi-layer heater plate (figure 2), wherein the top heating plate ([0024] first metal plate 6; figure 2) comprises a sensor-mounting block (casing/housing surrounding first temperature probe 12; figure 2. [0027] a first temperature probe 12 is arranged so as to be in direct contact with the first metal plate 6 and thus be able to measure the temperature of the first metal plate 6 of the heating structure 7), the sensor-mounting block being configured to receive at least one temperature sensor (12).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the heater plate of Jackson to implement a casing/housing for a temperature probe in order to improve the control of heating and ensure performance and safety needs, as taught by Lebatteur [0034].
Regarding claim 125, modified Jackson teaches the multi-layer heater plate assembly of claim 123, Lebatteur teaches wherein the at least one temperature sensor comprises a thermistor ([0016] the first and second temperature probes are, for example, thermistor, negative temperature coefficient thermistor or positive temperature coefficient thermistor type probes).
Claim(s) 124 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al. (US 20160228671 A1) and Lebatteur et al. (EP 3345646 A1) as applied to claim 123 above, and further in view of Rossen et al. (US 8245709 B2).
Regarding claim 124, modified Jackson teaches the multi-layer heater plate assembly of claim 123, but is silent as to wherein the sensor-mounting block is configured to receive two temperature sensors.
However, Rossen teaches a mounting element (8; figure 1-2) configured to receive two temperature sensors (A respective additional temperature sensor each, which is connected as a reference temperature sensor 13 and 13' for the temperature sensors 11 and 12, is arranged on the base unit 2 preferably in the area of the base of the mounting elements 8 and 8'; figure 2;; col. 4 line 46-50).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the sensor casing/housing of modified Jackson to implement an additional temperature sensor in order to confirm and correct temperature readings, as taught by Rossen col. 4 line 57-60.
Claim(s) 126-127 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al. (US 20160228671 A1) as applied to claim 1 above, and further in view of Ahmad et al. (US 20140373835 A1).
Regarding claim 126, modified Jackson discloses the multi-layer heater plate assembly of claim 1, but is silent as to wherein the thermal interface layer ([0182] Each of the multiple layers of insulation 2920, 2925 may provide electrical insulation and thermal conduction. In some embodiments the multiple layers of insulation 2920, 2925 may be made from mica sheets. In other embodiments the multiple layers of insulation 2920, 2925 may be made from other sheet electrical insulators such as silicon, polyether ether ketone (PEEK) or polyimide (for example, Kapton, a registered trademark of E. I. du Pont de Nemours and Co.). Examiner notes that “silicon” should be “silicone” as “silicon” as a sheet would be considered silicone since silicon refers to the naturally occurring chemical element and silicone refers to products derived from silicon) has a Shore 00 hardness scale of between 50 and 100.
However, Ahmad teaches silicone material having a Shore 00 hardness scale of between 50 and 100 ([0036] The quad-lumen tube 16 is preferably fabricated from a silicone, TPE or PVC material which has a Shore Hardness in the range of from about 50A to about 80A, and thus possesses a prescribed level of resilience and flexibility).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the layers of insulation of Jackson to be made from a silicone material having a Shore Hardness in the range of about 50A-80A in order to possess a level of resilience and flexibility, as taught by Ahmad [0036].
Regarding claim 127, modified Jackson teaches the multi-layer heater plate assembly of claim 126, wherein the thermal interface layer has a Shore 00 hardness scale of 80 (as modified above a silicone material with a Shore hardness scale of 80A is taught by Ahmad).
Claim(s) 129 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al. (US 20160228671 A1) as applied to claim 1 above, and further in view of Tang et al. (US 20140131904 A1).
Regarding claim 129, modified Jackson discloses the multi-layer heater plate assembly of claim 1, but is silent as to wherein the compliant thermal interface material comprises a fiberglass substrate and a thermally conductive material embedded in the fiberglass substrate or positioned on the fiberglass substrate.
However, Tang teaches a compliant thermal interface layer ([0059] thermally conductive laminate layer 46; figure 4-1) comprising a fiberglass substrate and a thermally conductive material embedded in or positioned on the fiberglass substrate ([0059] The thermally conductive laminate layer 46 may be a coating, layer or board bonded to the hot plate. The thermally conductive laminate layer 46 comprises materials which have good thermal conductivity properties, but are low in electrical conductance, e.g., relatively high electrical resistance, and thus may be referred to as a dielectric laminate layer. The thermally conductive laminate layer may be a composite layer of dielectric particles embedded in a filler material, such as a resin. For example, the laminate layer 46 may include electrically insulating dielectric materials, such as ceramics, polymers, polymer and ceramic, polymer mixed with inorganic particles, ceramics coated with polytetrafluoroethylene, e.g., Teflon.RTM., polyimides, boron nitride, alumina, beryllium oxide, aluminum nitride, boron nitride, epoxy composite, and reinforced fiberglass, arranged to form an electrical insulating layer).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify one of the multiple layers of insulation of Jackson to include reinforced fiberglass including materials with good thermal conductivity properties in order to form an electrical insulating layer with thermal conductivity as taught by Tang [0059].
Conclusion
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/M.I.A./Examiner, Art Unit 3785 /VALERIE L WOODWARD/Primary Examiner, Art Unit 3785