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 .
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.
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:
“ventilation member forcing the circulation of the air flow through the circulation duct” in claim 11. In particular, the claim limitation “ventilation member” is a generic placeholder that is coupled with functional language “forcing the circulation of the air flow through the circulation duct” without reciting sufficient structure to perform the recited function and the generic placeholder “ventilation member” is not preceded by a structural modifier.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 7, 10, 11, and 12 are 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 7 recites the limitation "the bottom wall and the additional element each include the orifice." There is insufficient antecedent basis for this limitation in the claim. Previously, a singular “orifice” is recited, so it is unclear how two separate elements can include the orifice. For purposes of examination, in line with the limitation of claim 7 of “the orifice of the bottom wall being aligned with the orifice of the additional element,” the limitation is understood to be "the bottom wall and the additional element each include an
Claim 10 recites the limitation " one of the two openings positioned at the end of the set of openings.” There is insufficient antecedent basis for this limitation in the claim. Previously, claim 10 recites the limitation of “a set of openings.” It is unclear whether “one of the two openings” as part of “the set of openings,” or if there is another pair of openings being referred. Additionally, it is unclear the amount of openings that are required to define “a set,” so there is like of antecedent basis for “one of the two openings.” For purposes of examination, the “set of openings” is understood to be at least two openings, where “one of the two openings” is part of “the set of openings.”
Claim 12 recites the limitation "the coupling member.” There is insufficient antecedent basis for this limitation in the claim, as “a coupling member” is not recited previously in the claims of which claim 12 depends.
Claim limitation “ventilation member” in claim 11 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function in the claim, as the only recitation of “ventilation member” is found in [0023] of applicant’s specification which recites “ventilation member forcing the circulation of the air flow through the circulation duct.” For purposes of examination the “ventilation member” is taken to be a fan or the like. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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)(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 1-8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Niederer (US9161391B2).
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Annotated Fig. 5 of Niederer
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Fig, 6 of Niederer
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Annotated Fig. 7 of Niederer
Regarding claim 1, Niederer teaches an electric radiator of a ventilation, heating and/or air-conditioning system of a motor vehicle (Col. 3 lines 1-15),
comprising at least one heating element (one of heater plate elements 24 ) forming a heating body (Col. 7 lines 5-10 row of heater plate elements/PTC heating elements 24) and an electronic device (14) for controlling the at least one heating element (24), accommodated in a housing (11),
the heating body (24) and the housing (11) being rigidly connected to each other (Fig. 5), with a separating wall (Col. 2 lines 55-65 wall of housing 2, Annotated Fig. 5) arranged between the housing (10) and the heating body (24),
and at least one support (20, 30, Col. 7 lines 55-65 temperature probe holes 60 are formed in the relevant housings 2, 4 in each case for the accommodation of a temperature probe 26 Fig. 5) for at least one temperature sensor (26), the at least one support (30) being positioned at least partially covering the at least one heating element (24) of the heating body (Col. 7 lines 5-10 row of heater plate elements/PTC heating elements 24),
with an electronic connection element (22, 94) between the at least one temperature sensor (26) and the electronic control device (14) , where the separating wall (Fig. 5 wall of 2, 4) includes at least one orifice (Annotated Fig. 7) configured to be passed through by the electronic connection element (22, 94).
Regarding claim 2, Niederer teaches the electric radiator as claimed in claim 1,
wherein the at least one support (20, 30) includes a guide member (20) for guiding the connection element (22, 94) protruding from the at least one support toward the electronic control device (24), the guide member (20) extending through the separating wall (Col. 2 lines 55-65 wall of housing 2, Annotated Fig. 5) in said at least one orifice (Annotated Fig. 7).
Regarding claim 3, Niederer teaches the electric radiator as claimed in claim 2,
wherein the guide member (20) has a first part, which extends perpendicular to the main plane of extension of the at least one support (20, 30), and a second part that extends the first part toward the electronic control device (14) and is positioned through the at least one orifice (Annotated Fig. 7) formed in the separating wall (Col. 2 lines 55-65 wall of housing 2, Annotated Fig. 5), the electronic connection element (22, 94 Col. 9 lines 5-15 connecting chamber 28 there is a connecting conductor board, the representation of which is omitted in FIG. 7, but which is identified with the reference numeral 94 in FIG. 2) being positioned along the first part and the second part of the guide member (20).
Regarding claim 4, Niederer teaches the electric radiator as claimed in claim 1,
wherein the at least one support (20, 30) takes the form of a grille (Fig. 6, partition wall 30 in the form of a grill where there are recesses 34) in which the at least one temperature sensor (26) is installed, the grille (30, 34) being positioned facing the heating body (24).
Regarding claim 5, Niederer teaches the electric radiator as claimed in claim 1,
wherein the housing (11) includes a plurality of walls (Fig. 5) that contribute to a definition of a space for receiving the electronic control device (14), wherein at least a bottom wall of the plurality of walls takes a form of a bowl and forms said separating wall (Col. 2 lines 55-65 wall of housing 2, Annotated Fig. 5).
Regarding claim 6, Niederer teaches the electric radiator as claimed in claim 1,
further comprising an additional element (102) installed between the housing (10) and the heating body (24), the additional element (102) contributing to the formation of said separating wall (Annotated Fig. 5, 7 wall of housing 2).
Regarding claim 7, Niederer teaches the electric radiator as claimed in claim 6,
wherein the housing (11) includes a plurality of walls (Fig. 5) that contribute to a definition of a space for receiving the electronic control device (14, Fig. 5),wherein at least a bottom wall of the plurality of walls takes a form of a bowl (Annotated Fig. 7) and forms said separating wall (Col. 2 lines 55-65 wall of housing 2, Annotated Fig. 5), wherein the bottom wall (Annotated Fig. 7) and the additional element (102) each include the orifice (Annotated Fig. 7), the orifice of the bottom wall being aligned with the orifice of the additional element (102, Annotated Fig. 7), with each of the orifices being configured to be passed through by the electronic connection element (22, 94).
Regarding claim 8, Niederer teaches the electric radiator as claimed in claim 1,
further comprising at least one sealing element (flanges; Col. 9 lines 35-45 plug housings 20 have flanges which grasp the control housing base 102 on the upper sides and undersides (cf. FIGS. 7, 9); between wall of housing 2 or 4) installed between the guide member (20) and the separating wall (Col. 2 lines 55-65 wall of housing 2, Annotated Fig. 5).
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.
Claims 9, 10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Niederer (US9161391B2) as applied to claim 1 above, and further in view of Pierron (WO2016128399A1) with citations made to attached machine translations.
Regarding claim 9, Niederer teaches the electric radiator as claimed in claim 1, but is silent on wherein the separating wall includes an opening through which the at least one heating element and a coupling member of the at least one heating element extend, the at least one orifice being configured to be passed through by the electronic connection element communicating with said opening.
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Figs. 2 and 3 of Pierron
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Fig. 4 of Pierron
Pierron teaches wherein the separating wall (8) includes an opening (60) through which the at least one heating element (4, 66) and a coupling member ([0073] 70, Fig. 4) of the at least one heating element extend (Fig. 2, 3), the at least one orifice (48) being configured to be passed through by the electronic connection element (64) communicating with said opening ([0072] slots 60).
Niederer and Pierron are considered to be analogous to the claimed invention because they are in the same field of heaters. It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Niederer to incorporate the teachings of Pierron to have the separating wall have an opening for the heating element and coupling member to extend which is in communication with the orifice and the electronic connection element to allow the connection of the heating modules to an electrical power source and a mechanical function to hermetically seal the opening of the duct of the ventilation, heating and/or air conditioning system through which the heating device is inserted (Pierron [0069]).
Regarding claim 10, Niederer and Pierron teach the electric radiator as claimed in claim 9, and Niederer teaches comprising wherein the at least one heating element (24) includes a plurality of heating elements (Col. 7 lines 5-15 heater plate elements 24) installed alongside each other (Fig. 5), but is silent on the separating wall including a set of openings installed alongside each other and sized so as to respectively receive and be passed through by a heating element of the plurality of heating elements, the at least one orifice configured to be passed through by the electronic connection element communicating with one of the two openings positioned at the end of the set of openings.
Pierron teaches the separating wall (8) including a set of openings (slots 60, Fig. 2) installed alongside each other and sized so as to respectively receive and be passed through by a heating element of the plurality of heating elements (4, 66),
the at least one orifice (48) configured to be passed through by the electronic connection element (64) communicating with one of the two openings positioned at the end of the set of openings ([0072] slots 60).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Niederer to incorporate the teachings of Pierron to have the separating wall have an opening for the heating element pass through which is in communication with the orifice and the electronic connection element to allow the connection of the heating modules to an electrical power source and a mechanical function to hermetically seal the opening of the duct of the ventilation, heating and/or air conditioning system through which the heating device is inserted (Pierron [0069]).
Regarding claim 12, Niederer teaches the electric radiator as claimed in claim 1, but is silent on wherein the separating wall includes an opening through which the at least one heating element or the coupling member of the at least one heating element extends, the at least one orifice being configured to be passed through by the electronic connection element communicating with said opening.
Pierron teaches wherein the separating wall (8) includes an opening through which the at least one heating element (4, 66) or the coupling member (70) of the at least one heating element (4, 66) extends (Fig. 2-4), the at least one orifice (48) being configured to be passed through by the electronic connection element (64) communicating with said opening ([0072] slots 60).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Niederer to incorporate the teachings of Pierron to have the separating wall have an opening for the heating element or coupling member to pass through which is in communication with the orifice and the electronic connection element to allow the connection of the heating modules to an electrical power source and a mechanical function to hermetically seal the opening of the duct of the ventilation, heating and/or air conditioning system through which the heating device is inserted (Pierron [0069]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Niederer (US9161391B2) in view of Bohlender (EP2772375B1) with citations made to attached machine translations.
Regarding claim 11, Niederer teaches a ventilation, heating and/or air-conditioning system (Col. 6 lines 50-55 an electrical heating device),
the electric radiator including at least one heating element (one of heater plate elements 24 ) forming a heating body (Col. 7 lines 5-10 row of heater plate elements/PTC heating elements 24) and an electronic device (14) for controlling the at least one heating element (24), accommodated in a housing (11), the heating body (24) and the housing (11) being rigidly connected to each other (Fig. 5),
the electric radiator including a separating wall (Col. 2 lines 55-65 wall of housing 2, Annotated Fig. 5) arranged between the housing (11) and the heating body (24) , the electric radiator including at least one support (20, 30, Col. 7 lines 55-65 temperature probe holes 60 are formed in the relevant housings 2, 4 in each case for the accommodation of a temperature probe 26 Fig. 5) for at least one temperature sensor (26),
the at least one support (20, 30) being positioned at least partially covering the at least one heating element (24) of the heating body (Col. 7 lines 5-10 row of heater plate elements/PTC heating elements 24), the electric radiator including an electronic connection element (22, 94) between the at least one temperature sensor (26) and the electronic control device (14),
wherein the separating wall (Fig. 5 wall of 2, 4) includes at least one orifice (Annotated Fig. 7) configured to be passed through by the electronic connection element (22, 94).
Niederer is silent on comprising at least one circulation duct capable of directing an air flow, at least one ventilation member forcing the circulation of the air flow through the circulation duct and an electric radiator installed in the duct, the at least one heating element being installed across the circulation duct.
Bohlender teaches comprising at least one circulation duct (5) capable of directing an air flow (4), at least one ventilation member (2) forcing the circulation of the air flow through the circulation duct (5) and an electric radiator (3) installed in the duct (5), the at least one heating element (30) being installed across the circulation duct (5).
Niederer and Bohlender are considered to be analogous to the claimed invention because they are in the same field of heaters. It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Niederer to incorporate the teachings of Bohlender to have the system has a duct to direct air flow, a ventilation member, and the electric radiator within the duct, the heating element placed across the duct in order to achieve high efficiency heating by directly heating the air without the need for an intermediate water heat exchanger and can be designed to be compact (Bohlender [0004]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAIL RHUE whose telephone number is (571)272-4615. The examiner can normally be reached Monday - Friday, 10-6.
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/ABIGAIL H RHUE/Examiner, Art Unit 3761 9/23/2026
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