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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The disclosure is objected to because of the following informalities:
In [29] fluid heating device “1000” should be –100--,
In [36] line 6, second space 10b should be –100b--.
Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: heated fluid F (as per [30]); first region 112. Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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.
Claim Objections
Claim 10 is objected to because of the following informalities:
“glass fit” should be –glass frit--.
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.
Claim(s) 1, 2 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Watanabe (JP2018084380). With respect to the limitations set forth in the preamble of the claim, if the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered to be a limitation and is of no significance to claim construction. Watanabe discloses a fluid heating device (1) including a housing (11, 13) configured to allow fluid to flow in and out (FP) and form a first space in which the fluid is heated; and a heater (Figure 2) configured to form a path through which the fluid flows into the first space (inside of 20b) and heat the fluid, wherein the heater includes: a support section (22) arranged inside the housing and configured to form a second space (interpreted as the area between portion 21 and portion 11a) separated from the first space; a heating section (20) connected to the support section (22) with an adhesive (23), having at least a portion extending into the first space, forming a path through which the fluid flows into the first space, and configured to heat the fluid; and a head section (14) connected to the heating section with the adhesive (23) and configured to form a path through which the fluid is supplied to the heating section (20). In re claim 2, Watanabe discloses that the housing includes: a first housing (11) including one surface open and a first region extending from an inner wall and configured so that the support section is arranged; and a second housing (13) configured to close the open surface of the first housing and including a pressurizing section (13c) extending toward the support portion to press (via screws) the support section toward the first region. In re claim 10, Watanabe discloses that the adhesive includes a glass frit (SEE [0029]).
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.
Claim(s) 1 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR20210141098 (KR ‘098) in view of KR20120116381 (KR ‘381). With respect to the limitations set forth in the preamble of the claim, if the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered to be a limitation and is of no significance to claim construction. KR ‘098 discloses a fluid heating device (10) including a housing (11) configured to allow fluid to flow in and out and form a first space in which the fluid is heated (SEE Figures 2 & 3); and a heater (20) configured to form a path through which the fluid (W) flows into the first space and heat the fluid, wherein the heater includes: a support section (14) arranged inside the housing (11) and configured to form a second space (above the support 14, SEE Figure 3) separated from the first space (internal space of housing 11); a heating section (SEE Figure 4) connected to the support section, having at least a portion extending into the first space, forming a path through which the fluid flows (Figure 3) into the first space, and configured to heat the fluid; and a head section (SEE Annotated Figure below) connected to the heating section and configured to form a path through which the fluid is supplied to the heating section. KR ‘098 does not provide a teaching of an adhesive between the heating section and the support section nor the heating section to the head section, however it was commonly known in the art and taught by KR ‘381 to provide the use of a glass frit as a bonding layer between structures related with thermal functions such as ceramic heaters such that it 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 subject matter pertains to have applied a well known adhesive such as glass frit as was known in the art and taught by KR ‘381 between the heating section and support section as well as the head section and heating section of KR ’098 for the purpose of securing and minimizing leaks between these parts while maintaining heat resistance of the entirety of the fluid heating device. In re claim 10, KR ‘098 as modified by KR ‘381 would meet the limitations of the applicants claimed invention since KR ‘381 provides the teaching of the adhesive being a glass frit (SEE [0019]-[0020] of KR ‘381).
Allowable Subject Matter
Claims 3-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A WILSON whose telephone number is (571)272-4882. The examiner can normally be reached M-F; 7:00am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at 571-272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY A WILSON/Primary Examiner, Art Unit 3762 September 19, 2026
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