DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/11/2024 has been considered by the examiner.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 5, and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Henne et al. (US 2020/0146110).
Regarding claim 1, Henne discloses a heating device (“An arrangement, comprising a heat-emitting resistor, a control device for switching the resistor” [Abstract]), comprising:
a heating resistor assembly having a positive terminal (see annotated Fig. 2), a negative terminal (see annotated Fig. 2), and heating resistors (Fig. 2, resistors R1, R2, R3, R4 [0055]) connected in series between the positive terminal and the negative terminal (shown in Fig. 2); and
a transistor switch (Fig. 2, “switching device (transistor) M1” [0056]) connected in series with the heating resistors (shown in Fig. 2);
wherein, a first half of the heating resistors connects the positive terminal to the transistor switch (Fig. 2 shows wherein first half, R1 and R2, connects the positive terminal to M1) and a second half of the heating resistors connects the transistor switch to the negative terminal (Fig. 2 shows wherein second half, R3 and R4, connect M1 to the negative terminal).
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Fig. 2 of Henne, annotated
Regarding claim 2, Henne discloses wherein the heating resistor assembly is a heating plate comprising a metal sheet, on which the heating resistors are arranged as resistive tracks, and an insulation layer insulating the resistive tracks from the metal sheet (“The electrical layer heating facility can comprise a heating layer, which forms an electrical resistor and is heated by a current flowing through the heating layer, with the result that heat for heating purposes can be emitted” [0035]; “The heating layer (heating coating) can be applied for example in a plasma coating method, in particular plasma spraying, or in a screen printing method or as resistive paste, in particular on the insulating layer. In the plasma coating method, by way of example, firstly an electrically conductive layer can be applied, in particular on the insulating layer. Regions can subsequently be cut out from the electrically conductive layer, one conductor track or a plurality of conductor tracks thus remaining. A masking technique is preferably used, however. The conductor tracks can then form the heating resistor or a plurality of heating resistors. As an alternative to a masking technique, the regions mentioned can be cut out from the conductive layer by means of a laser, for example. The heating coating can for example be a metal layer” [0036]).
Regarding claim 5, Henne discloses wherein the heating resistors comprise a resistive layer printed onto the insulation layer (““The heating layer (heating coating) can be applied for example in a plasma coating method, in particular plasma spraying, or in a screen printing method or as resistive paste, in particular on the insulating layer. In the plasma coating method, by way of example, firstly an electrically conductive layer can be applied, in particular on the insulating layer” [0036]).
Regarding claim 7, Henne discloses wherein the first half of the heating resistors is electrically symmetrical to the second half of the heating resistors (Henne states, “the first partial resistor can correspond to at least 30%, preferably at least 40%, and/or at most 70%, preferably at most 60%, of the second partial resistor. In particular, the first partial resistor can (at least substantially) correspond to the second partial resistor. Here, “correspond” should be understood to mean a comparison of the resistance values (in ohms). If the first partial resistor thus corresponds for example to 30% of the second partial resistor, this thus means e.g. that the first partial resistor has a value of 300 ohms and the second partial resistor has a value of 1000 ohms” [0024]; “first partial resistor R1, R2”, “second partial resistor R3, R4” [0055]; in the case when the first partial resistor, R1 and R2, is 50% of the second partial resistor, R3 and R4, the first partial resistor is electrically symmetrical to the second partial resistor).
Regarding claim 8, Henne discloses control circuitry (“control device”) configured for operating the transistor switch for controlling heating power by pulse width modulation (“The control device can be configured for the pulse-width-modulated driving of the heat-emitting resistor” [0028]; “The control device is preferably configured for switching the resistor with a frequency of at least 1 kHz, preferably at least 8 kHz, and/or at most 250 kHz, more preferably at most 180 kHz. The switching frequency here is intended to be, in particular, that frequency which is defined by switching-on processes of the switching device. By way of example, if 1000 switching-on processes per second are carried out (with correspondingly 1000 switching-off processes), a switching frequency of, in particular, 1 kHz is intended to be present” [0030])).
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Henne et al. (US 2020/0146110) in view of Schumm (US 2022/0082297).
Regarding claim 3, Henne does not expressly disclose a housing with an inlet and an outlet, wherein the heating plate is arranged inside the housing for heating liquid flowing from the inlet to the outlet.
Schumm is directed to a flow heater [Abstract]. Schumm discloses a housing (Figs. 1 and 2, “housing 1” [0018]) with an inlet (Fig. 1, “inlet 2” [0018]) and an outlet (Fig. 1, “outlet 3” [0018]), wherein a heating plate (Fig. 2, “metal plate 6”; “metal plate 6, which carries one or a plurality of electrical heating resistors, for example in the form of conductive tracks” [0019]) is arranged inside the housing (Fig. 6 shows wherein metal heating plate 6 is arranged inside housing 1) for heating liquid flowing from the inlet to the outlet (“A flow channel for the liquid that is to be heated extends in the housing 1 from the inlet 2 to the outlet 3” [0018]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a housing with an inlet and an outlet, wherein the heating plate is arranged inside the housing for heating liquid flowing from the inlet to the outlet. Henne discloses a housing (Fig. 2, “housing 10” [0056]), and explains that the heat-emitting resistor arrangement of Fig. 2 with minimized electromagnetic interference ([0008], [0009], [0016]. One of ordinary skill in the art would be motivated to combine Henne’s interference-reducing configuration with a housing used for heating a liquid that flows from an inlet to an outlet, such that a desired fluid can be heated, and electromagnetic interference can be minimized.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Henne et al. (US 2020/0146110) in view of Wulff et al. (US 2021/0148606).
Regarding claim 4, Henne does not expressly disclose wherein the transistor switch is arranged inside the housing at a distance from the heating plate.
Wulff is directed to a liquid heater [Title]. Wulff discloses wherein a transistor switch is arranged inside a housing at a distance from a heating plate (“The energization of the heating resistor(s) is controlled by control electronics 6 also arranged in the housing 1. The control electronics 6 comprise a circuit board with circuit elements, particularly transistor switches, which are arranged in an interior space of the housing 1” [0020]; Fig. 3 shows “heating plates 4” [0019], and shows wherein control electronics 6 are at a distance from heating plates 4).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the transistor switch is arranged inside the housing at a distance from the heating plate. This is a known configuration of a transistor switch with respect to a heating plate, applied to a known heating device to achieve predictable results. Additionally, the courts have held that rearrangement of parts requires only ordinary skill in the art and hence is considered a routine expedient. MPEP § 2144.04-VI-C.
Claims 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Henne et al. (US 2020/0146110) in view of Lisseman et al. (US 2018/0332663).
Regarding claim 6, Henne does not expressly disclose wherein the transistor switch is a high-side switch.
Lisseman is directed to a heating system that heats a plurality of zones [Abstract]. Lisseman discloses wherein a transistor switch is a high-side switch (Figs. 3-5 show various embodiments comprising electrodes 18 in zones 16, and switches 26a and 26b; switches 26a are high-side MOSFETS [0057]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the transistor switch is a high-side switch. This is a known configuration of transistor switches and heating electrodes/resistors, applied to a known device, to achieve predictable results.
Regarding claim 9, Henne does not expressly disclose a low side switch between the negative terminal heating resistor assembly and a negative terminal of the flow heater.
Lisseman discloses a low side switch between a negative terminal heating resistor assembly and a negative terminal of a heater (Fig. 5 shows low-side MOSFET 26b [0057] between a negative terminal of heating resistor 18’’ in zone 16c and a negative terminal of the heater (the location of the ground)).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a low side switch between the negative terminal heating resistor assembly and a negative terminal of the flow heater. This is a known configuration of transistor switches and heating electrodes/resistors, applied to a known device, to achieve predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sakamoto (US 2020/0275527) is directed to a control apparatus for a heater.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH KERR whose telephone number is (571)272-3073. The examiner can normally be reached M - F, 8:30 AM - 4:30 PM.
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/ELIZABETH M KERR/Primary Examiner, Art Unit 3761
