Prosecution Insights
Last updated: April 19, 2026
Application No. 18/634,874

HEATER, FIXING DEVICE, IMAGE-FORMING DEVICE, AND HEATING DEVICE

Non-Final OA §102§103
Filed
Apr 12, 2024
Examiner
WUNDERLICH, ERWIN J
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Misuzu Industry Co. Ltd.
OA Round
1 (Non-Final)
40%
Grant Probability
At Risk
1-2
OA Rounds
3y 7m
To Grant
81%
With Interview

Examiner Intelligence

Grants only 40% of cases
40%
Career Allow Rate
75 granted / 190 resolved
-30.5% vs TC avg
Strong +41% interview lift
Without
With
+41.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
88 currently pending
Career history
278
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
50.7%
+10.7% vs TC avg
§102
12.1%
-27.9% vs TC avg
§112
31.1%
-8.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 190 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: C3 and C4 (figs. 1-2, 16-17, and 19). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Objections Claims 3-4 are objected to because of the following informalities: In line 18 of claim 3, recommend amending the claim to recite: “…the insulation gap is formed without gaps extending in parallel with the…” In lines 3-4 of claim 4, recommend amending the claims to recite: “…of a first heating cell and a second heating cell Appropriate correction is required. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 3-5 and 9-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aoyama et al. (WO-2013073276-A1, cited in IDS dated 1 June 2020 and on pages 1-2 of the Specification, referencing foreign version for drawings and provided English translation for written description). Regarding claim 3, Aoyama teaches a heater (heater 1, fig. 39) for heating an object to be heated (“recording medium,” page 17; construed as being the symbol “P,” fig. 39) in such a manner that the object to be heated is swept with the heater disposed opposite the object to be heated (swept by fixing roll 51, fig. 39; heater 1 is on the opposite side of the roll 51 in comparison to “P,” fig. 39), the heater (heater 1, fig. 6) comprising: a base (base 12, fig. 6) having a rectangular shape (as shown in fig. 6); and a plurality of heating cells (please see annotated fig. 6 below) each independently receiving power supply (each of the construed cells are in parallel with each other and they receive power from the terminals 17, fig. 6), the heating cells being disposed on the base and arranged in a longitudinal direction of the base (construed as the horizontal direction of fig. 2), wherein each of the heating cells includes a plurality of lateral wires (the horizontal portions of the heating wire portion 15 are construed as the “lateral wires,” annotated fig. 6) extending in substantially parallel with the longitudinal direction of the base (the “lateral wires” project in a horizontal direction, please see annotated fig. 6 below), and a plurality of straight oblique wires tilted relative to the lateral wires (annotated in fig. 6 below, the construed “oblique wires” are tilted vertically relative to the “lateral wires”), one end of one straight oblique wire (bottom end of the “oblique wires,” annotated fig. 6) of the plurality of straight oblique wires being connected to a power supply wire (power supply terminal portion 19, fig. 6), the lateral wires and the straight oblique wires are connected to form a serpentine shape as a whole (the pattern of the wires in fig. 6 has a winding shape, which is construed as being “serpentine”), an insulation gap is interposed between adjoining two of the heating cells so as to meander between the two heating cells (within each of the construed “cells,” there is a space between the wires 15 that is construed as the claimed “insulation gap,” please see annotated fig. 6 below for an insulation gap of one of the cells), and the insulation gap is tilted to one side in the longitudinal direction as a whole (tilts to the right, annotated fig. 6) the insulation gapis formed without gaps extending in oarallel with the plurality of lateral wires (along the bottom and top, the construed “insulation gaps” extend parallel with horizontal lateral wires, annotated fig. 6). Aoyama, fig. 6 (annotated) PNG media_image1.png 472 1051 media_image1.png Greyscale Regarding claim 4, Aoyama teaches wherein the insulation gap includes: a plurality of first gaps located between the straight oblique wires of the first and second heating cells adjoining each other in the longitudinal direction (the “first gaps” are the vertical gaps located between the construed oblique wires, annotated in fig. 6 below), the first gaps being equal in tilt angle to the straight oblique wires (the construed “first gaps” are parallel to the construed “oblique wires,” please see annotated fig. 6 below); and a plurality of second gaps tilted oppositely to the first gaps (construed second gaps are in the longitudinal or horizontal direction tilted oppositely to the vertical gaps, please see annotated fig. 6 below), the second gaps being shorter in path length than the first gaps (the horizontal gaps are smaller than the tilted vertical gaps, please see annotated fig. 6 below), and the insulation gap includes either a continuous part of the first gap, second gap, and first gap arranged continuously in this order, or a continuous part of the second gap, first gap, and second gap arranged continuously in this order (can be arranged in either order, e.g., from left to right in bottom of the “2nd cell” annotated below, there is a first vertical gap, then a second horizontal gap, then a first vertical gap, then a second horizontal gap, and then finally another first vertical gap). Aoyama, fig. 6 (annotated) PNG media_image2.png 457 570 media_image2.png Greyscale Regarding claim 5, Aoyama teaches wherein an angle formed by a first gap with respect to a sweep direction (sweep direction is construed as being vertical in fig. 6, i.e., perpendicular to the longitudinal direction; the construed first gaps are tilted relative to the vertical axis, annotated fig. 6 above) is different from an angle formed by a second gap with respect to the sweep direction (the construed second gaps are in a horizontal direction and are construed as having a 90 degree angle relative to the vertical axis). Regarding claim 9, Aoyama teaches wherein an angle formed by a first gap with respect to a sweep direction (sweep direction is construed as being vertical in fig. 6, i.e., perpendicular to the longitudinal direction; the construed first gaps are tilted relative to the vertical axis, annotated fig. 6 above) is different from an angle formed by a second gap with respect to the sweep direction (the construed second gaps are in a horizontal direction and are construed as having a 90 degree angle relative to the vertical axis). Regarding claim 10, Aoyama teaches wherein the insulation gap includes a first gap (tilted gap labeled as “first gaps” in annotated fig. 6 above) and a second gap (horizontal “second gaps” in fig. 6 above) that are different in path length from each other (the tilted gap length is longer than the horizontal gap widths, fig. 6), and that are alternately arranged between a first heating cell and a second heating cell adjoining each other in the longitudinal direction (the construed “first” and “second” gaps alternate, annotated fig. 6; the two cells to the right of the squiggly white line are construed as the first and second cells), the first gap is located between the straight oblique wires in the first heating cell and the second heating cell (as shown in fig. 6), and is equal in tilt angle to the straight oblique wires (the “first gaps” and the “oblique wires” are parallel and have equal tilt angles, annotated fig. 6), the second gap is tilted oppositely to the first gap (construed second gaps are tilted oppositely in a horizontal direction), and is shorter in path length than the first gap (the horizontal gaps are shorter than the tilted gaps, annotated fig. 6), and the insulation gap includes either a continuous part of the first gap, second gap, and first gap arranged continuously in this order, or a continuous part of the second gap, first gap, and second gap arranged continuously in this order (can be arranged in either order, e.g., from left to right in bottom of the “2nd cell” annotated above, there is a first vertical gap, then a second horizontal gap, then a first vertical gap, then a second horizontal gap, and then finally another first vertical gap). Regarding claim 11, Aoyama teaches wherein an angle formed by a first gap with respect to a sweep direction (sweep direction is construed as being vertical in fig. 6, i.e., perpendicular to the longitudinal direction; the construed first gaps are tilted relative to the vertical axis, annotated fig. 6 above) of at least one of the object to be heated and the heater (heater 1, fig. 6) is different from an angle formed by a second gap with respect to the sweep direction (the construed second gaps are in a horizontal direction and are construed as having a 90 degree angle relative to the vertical axis). Regarding claim 12, Aoyama teaches wherein an angle formed by a first gap with respect to a sweep direction (sweep direction is construed as being vertical in fig. 6, i.e., perpendicular to the longitudinal direction; the construed first gaps are tilted relative to the vertical axis, annotated fig. 6 above) of at least one of the object to be heated and the heater (heater 1, fig. 6) is different from an angle formed by a second gap with respect to the sweep direction (the construed second gaps are in a horizontal direction and are construed as having a 90 degree angle relative to the vertical axis). Regarding claim 13, Aoyama teaches a fixing device (fixing device 5, fig. 39) comprising the heater according to claim 3 (please see the rejection for claim 3 above). Regarding claim 14, Aoyama teaches an image-forming device (“FIG. 39 is a schematic diagram showing the main part of the electrophotographic image forming apparatus,” page 17) comprising the heater according to claim 3 (please see the rejection for claim 3 above). Regarding claim 15, Aoyama teaches a heating device (heater 1, fig. 9) comprising the heater according to claim 3 (please see the rejection for claim 3 above). Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-2 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Aoyama et al. (WO-2013073276-A1, cited in IDS dated 1 June 2020 and on pages 1-2 of the Specification, referencing foreign version for drawings and provided English translation for written description) in view of Schaumann et al. (US-20170156178-A1). Regarding claim 1, Aoyama teaches a heater (heater 1, fig. 39) for heating an object to be heated (“recording medium,” page 17; construed as being the symbol “P,” fig. 39) in such a manner that the object to be heated is swept with the heater disposed opposite the object to be heated (swept by fixing roll 51, fig. 39; heater 1 is on the opposite side of the roll 51 in comparison to “P,” fig. 39), the heater (heater 1, fig. 6) comprising: a base (base 12, fig. 6) having a rectangular shape (as shown in fig. 6). Aoyama, fig. 39 PNG media_image3.png 666 774 media_image3.png Greyscale Aoyama does not explicitly disclose a plurality of heating cells each independently receiving power supply, the heating cells being disposed on the base and arranged in a longitudinal direction of the base, wherein each of the heating cells includes a plurality of lateral wires extending in substantially parallel with the longitudinal direction of the base, and a plurality of straight oblique wires tilted relative to the lateral wires, the lateral wires and the straight oblique wires are connected to form a serpentine shape as a whole, each of the heating cells further includes a first folded part where a corresponding one of the lateral wires and a corresponding one of the straight oblique wires are folded at an obtuse angle, and in the first folded part, an end of the lateral wire is connected to a first end of a straight inversely oblique wire forming an acute angle or a right angle with respect to the straight oblique wire, a second end of the straight inversely oblique wire is connected to a first end of the straight oblique wire, and a second end of the straight oblique wire is connected to a power supply wire, each of the heating cells includes a third folded part where a corresponding one of the lateral wires and a corresponding one of the straight oblique wires are folded at an obtuse angle, the third folded part being juxtaposed to the first folded part, and the straight oblique wire constituting the third folded part and the straight inversely oblique wire constituting the first folded part extend in substantially parallel with each other. However, in the same field of endeavor of electric heating devices, Schaumann teaches a plurality of heating cells (the top portion and bottom portion of the alternative heating device 111 in fig. 2 are construed as each being two cells) each independently receiving power supply (construed cells are in parallel at terminals 117a and 117b, fig. 2), the heating cells being disposed on the base (support 113, fig. 2) and arranged in a longitudinal direction of the base (the longitudinal direction is construed as the horizontal direction in fig. 2), wherein each of the heating cells includes a plurality of lateral wires extending in substantially parallel with the longitudinal direction of the base (portions of narrow heating conductors 121 construed as “lateral wires” are parallel, annotated fig. 2 below), and a plurality of straight oblique wires (angled sections that connect between the narrow heating conductors 121 and the terminals 117a and 117b, annotated in fig. 2 below) tilted relative to the lateral wires (the “oblique wires” are tilted relative to the “lateral wires,” please see annotated fig. 2 below), the lateral wires and the straight oblique wires are connected to form a serpentine shape as a whole (the narrow heating conductors have a winding shape; construed as being serpentine), each of the heating cells further includes a first folded part (please see first annotated fig. 2 below) where a corresponding one of the lateral wires and a corresponding one of the straight oblique wires are folded at an obtuse angle (angles between the construed oblique wire and the construed lateral wire are obtuse, i.e., greater than 90 degrees and less than 180 degrees), and in the first folded part, an end of the lateral wire (left ends of the construed “lateral wires,” please see annotated fig. 2 below) is connected to a first end of a straight inversely oblique wire (right end of the construed “inversely oblique wires,” please see annotated fig. 2 below) forming an acute angle or a right angle with respect to the straight oblique wire (the angle between the construed oblique wires and the inversely oblique wires is less than 90 degrees, annotated fig. 2), a second end of the straight inversely oblique wire is connected to a first end of the straight oblique wire (left ends of the construed “inversely oblique wires” are connected to the bottom end of the top “oblique wire” and to the top end of the bottom “oblique wire,” please see annotated fig. 2 below), and a second end of the straight oblique wire (outside ends of the “oblique wires,” annotated fig. 2 below) is connected to a power supply wire (terminals 117a and 117b, fig. 2), each of the heating cells includes a third folded part (please see annotated fig. 2 below) where a corresponding one of the lateral wires and a corresponding one of the straight oblique wires are folded at an obtuse angle (at the very top and the very bottom, an obtuse angle forms between the oblique and lateral wires, i.e., an angle greater than 90 degrees but less than 180 degrees), the third folded part being juxtaposed to the first folded part (aligns vertically; annotated figs.2 below), and the straight oblique wire constituting the third folded part and the straight inversely oblique wire constituting the first folded part extend in substantially parallel with each other (each inversely oblique wire is parallel to an oblique wire that is on the right side within each “third folded part,” second annotated fig. 2 below). Schaumann, fig. 2 (annotated) PNG media_image4.png 388 502 media_image4.png Greyscale PNG media_image5.png 393 501 media_image5.png Greyscale Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Aoyama, in view of the teachings of Schaumann, by using the pattern of the alternative heating device 111, as taught by Schaumann in fig. 2, as the pattern for the heater 1, as taught by Aoyama, in order to use a pattern that provide a homogeneous and uniform current flow for the benefit of producing a uniform heating output (Schaumann, para 0019). Regarding claim 2, the combination of Aoyama in view of Schaumann as set forth above regarding claim 1 teaches the invention of claim 2. Specifically, Schaumann teaches wherein the heating cells comprise a first heating cell (top half of the alternative heating device 111 in fig. 2) and a second heating cell (bottom half of the alternative heating device 111 in fig. 2) adjoining each other in the longitudinal direction (these portions adjoin each other at terminals 117a and 117b in fig. 2, which extend in a horizontal or longitudinal direction), each of the first heating cell and the second heating cell includes the first folded part and the third folded part (annotated in fig. 2 below), and the first folded part of the first heating cell, the third folded part of the first heating cell, the first folded part of the second heating cell, and the third folded part of the second heating cell are connected to form an imaginary quadrilateral (rectangle shape, annotated in fig. 2 below) where the first folded part is diagonally opposite to the first folded part, and the third folded part is diagonally opposite to the third folded part (the first folded parts are opposite along the horizontal diagonal and the third folded parts are opposite along the vertical diagonal in the rectangle that is annotated in fig. 2 below). Schaumann, fig. 2 (annotated) PNG media_image6.png 354 623 media_image6.png Greyscale Regarding claim 6, Aoyama teaches a fixing device (fixing device 5, fig. 39) comprising the heater according to claim 1 (please see the rejection for claim 1 above). Regarding claim 7, Aoyama teaches an image-forming device (“FIG. 39 is a schematic diagram showing the main part of the electrophotographic image forming apparatus,” page 17) comprising the heater according to claim 1 (please see the rejection for claim 1 above). Regarding claim 8, Aoyama teaches a heating device (heater 1, fig. 9) comprising the heater according to claim 1 (please see the rejection for claim 1 above). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Brittingham et al. (US-7633450-B2) teach different patterns for conductive material. Adachi et al. (US-20190286029-A1) teach various patterns for an image forming apparatus. Umemura et al. (US-20250377617-A1) teach an invention similar to the Instant Application. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERWIN J WUNDERLICH whose telephone number is (571)272-6995. The examiner can normally be reached Mon-Fri 7:30-5:30. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward Landrum can be reached at 571-272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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. /ERWIN J WUNDERLICH/Examiner, Art Unit 3761 2/7/2026
Read full office action

Prosecution Timeline

Apr 12, 2024
Application Filed
Jul 09, 2024
Response after Non-Final Action
Feb 07, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
40%
Grant Probability
81%
With Interview (+41.1%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 190 resolved cases by this examiner. Grant probability derived from career allow rate.

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