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 Objections
Claims 1-12 are objected to because of the following informalities:
In Reference to Claim 1 (Currently Amended)
A heating element for insertion into an exhaust pipe, comprising:
a heating resistor and two electrodes,
wherein the heating resistor comprises two contact zones,
wherein each electrode comprises an electrode connection element having a contact surface and is electrically connected to a respective contact zone of the two contact zones of the heating resistor,
wherein the heating resistor comprises a basic shape having a central axis,
wherein one or more heating loops arranged next to one another are being formed, wherein each respective heating loop is formed from two adjacent sections,
wherein spacer elements are provided which can be positioned between adjacent sections, wherein each respective spacer element and each respective heating loop are electrically insulated from one another,
wherein
a) the spacer elements are an integral or one-piece component of each respective electrode connection element, each respective electrode connection element comprising at least two spacer elements, or
b) the spacer elements form several separate components, wherein each electrode connection element can be placed against the spacer elements without short-circuiting, or
c) at least a part of the spacer elements is designed in the form of a one-piece spacer element bridge, wherein each electrode connection element can be placed against the spacer element bridge without short-circuiting.
Appropriate correction is required.
The Examiner notes that the claim objections are attempted to address antecedent basis issues and clarity issues to the inclusion of multiple components which each include similar structural components but then refer to at least one of or each of other structural components. As best understood by examiner each of the two electrodes (i.e.-both electrodes) is required to have each of the options further defined.
In Reference to Claim 2
The heating element according to claim 1, wherein each electrode connection element comprises an inner side facing the heating resistor and a front side, wherein an insulating layer is provided on the inner side, which bears against the heating resistor, and wherein each contact surface is optionally provided on the front side.
Appropriate correction is required.
In Reference to Claim 3
The heating element according to claim 1, wherein the heating resistor comprises a surface, wherein at least a part of the spacer elements projects beyond the surface of the heating resistor by a dimension m, wherein each electrode connection element can be placed against the projecting part of the respective spacer element without short-circuiting.
Appropriate correction is required.
In Reference to Claim 4
The heating element according to claim 1, wherein adjacent sections delimit a groove having a central axis configured to receive a spacer element of the spacer elements, wherein a stop is provided against which the respective spacer element can be placed in the direction of the central axis.
Appropriate correction is required.
In Reference to Claim 5
The heating element according to claim 1, wherein the heating resistor has an even number a of grooves in [[the]] a region of [[the]] each electrode connection element[[s]], which are occupied by spacer elements.
Appropriate correction is required.
In Reference to Claim 6
The heating element according to claim 5, wherein [[the]] each respective electrode connection element or [[the]] each respective spacer element bridge comprises a/2 spacer elements.
Appropriate correction is required.
In Reference to Claim 9
The heating element according to claim 1, wherein [[the]] each electrode connection element is formed from a Ni-Cr-Mo alloy or of a Fe-Cr-Al alloy.
Appropriate correction is required.
In Reference to Claim 10
The heating element according to claim 1, wherein [[the]] each electrode connection element is designed as a cast part or sintered part.
Appropriate correction is required.
In Reference to Claim 12
A system consisting of at least one part of an exhaust system in the form of an exhaust pipe[[,]] and the heating element of claim 1 which is arranged inside the exhaust pipe, and wherein both of the electrodes are being guided to the outside.
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) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abe et al. (JP H04-366584).
In Reference to Claim 1
(See Abe, Figures 2-6 and Figures 1 and 7 as annotated by Examiner below)
Abe et al. (Abe) discloses:
A heating element for insertion into an exhaust pipe, comprising
a heating resistor (24) and two electrodes (21) (See Abe, Paragraph [0026]),
wherein the heating resistor (24) comprises two contact zones (A),
wherein respective electrode (21,Z) comprises an electrode connection element (21,Z) having a contact surface (B) and is electrically connected to respective contact zone (A) of the heating resistor (24),
wherein the heating resistor (24) comprises a basic shape having a central axis,
wherein one or more heating loops arranged next to one another are being formed, wherein respective heating loop is formed from two adjacent sections (C,D) (See Abe, Paragraph [0006] w/respect to slits and see Figure 7 with respect to electricity flow),
wherein spacer elements (13) are provided which can be positioned between adjacent sections (C,D), wherein respective spacer element (13) and respective heating loop are electrically insulated from one another (See Abe, Paragraphs [0006] & [0009]-[0010]),
wherein
a) the spacer elements are an integral or one-piece component of respective electrode connection element, respective electrode connection element comprising at least two spacer elements, or
b) the spacer elements (13) form several separate components, wherein electrode connection element (21,Z) can be placed against the spacer elements without short-circuiting (See Abe, Paragraphs [0009]-[0010]), or
c) at least a part of the spacer elements (13) is designed in the form of a one-piece spacer element bridge, wherein electrode connection element (21,Z) can be placed against the spacer element bridge without short-circuiting. (See Abe, Paragraphs [0009]-[0010]).
The Examiner notes the use of alternatives with “or” with respect to the structures of the spacer elements. Additionally, the Examiner notes that the claim language merely requires that the electrode connection elements “can be placed” against the spacer element bridge without short-circuiting. As the spacer elements are made of insulating material, the electrode connection elements can be placed against them without short-circuiting. Finally, point Z corresponds to the section of resistor upon which the electrode is attached.
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In Reference to Claim 2
(See Abe, Figures 2-6 and Figures 1 and 7 as annotated by Examiner above)
Abe discloses:
wherein electrode connection element (21,Z) comprises an inner side (E) facing the heating resistor and a front side (Z), wherein an insulating layer (33) is provided on the inner side (E), which bears against the heating resistor (24), and wherein contact surface (B) is optionally provided on the front side (Z).
In Reference to Claim 3
(See Abe, Figures 2-6 and Figures 1 and 7 as annotated by Examiner above)
Abe discloses:
wherein the heating resistor (24) comprises a surface (11), wherein at least a part of the spacer elements (13) projects beyond the surface of the heating resistor (24) by a dimension m, wherein electrode connection element (21,Z) can be placed against the projecting part of the respective spacer element (13) without short-circuiting. (See Abe, Figures 2-3 and 6 w/respect to spacers 13).
The Examiner notes that the claim language merely requires that the electrode connection elements “can be placed” against the spacer element bridge without short-circuiting. As the spacer elements are made of insulating material, the electrode connection elements can be placed against them without short-circuiting.
In Reference to Claim 4
(See Abe, Figures 2-6 and Figures 1 and 7 as annotated by Examiner above)
Abe discloses:
wherein adjacent sections delimit a groove (10) having a central axis configured to receive a spacer element (13), wherein a stop is provided against which the respective spacer element (13) can be placed in the direction of the central axis. (See Abe, Paragraphs [0010]-[0011]).
In Reference to Claim 5
(See Abe, Figures 2-6 and Figures 1 and 7 as annotated by Examiner above)
Abe discloses:
Wherein the heating resistor (24) has an even number a of grooves (10) in the region of the electrode connection elements (21,Z), which are occupied by spacer elements (13). (See Abe, Figures 6-7 showing 6 grooves with spacer elements).
In Reference to Claim 6
(See Abe, Figures 2-6 and Figures 1 and 7 as annotated by Examiner above)
Abe discloses:
Wherein the respective electrode connection element (21,Z) or the respective spacer element (13) bridge comprises a/2 spacer elements (13). (See Abe, Figure 6 showing 3 of 6 spacer elements in the bridge).
In Reference to Claim 7
(See Abe, Figures 2-6 and Figures 1 and 7 as annotated by Examiner above)
Abe discloses:
Wherein the heating resistor (24) comprises an axis of symmetry arranged at right angles to the central axis, the heating resistor (24) comprising a folding symmetry with respect to the two contact zones (A), wherein both electrode connection elements or both spacer element bridges (13) are of the same design and applicable to both contact zones. (See Abe, Paragraphs [0009]-[0010] & [0026]).
The Examiner notes that at least both electrodes and spacer element bridges are of the same design and thus applicable to both contact zones.
In Reference to Claim 8
(See Abe, Figures 2-6 and Figures 1 and 7 as annotated by Examiner above)
Abe discloses:
Wherein the electrical insulation is designed as an insulating layer and comprises a thickness between 0.5 mm and 3.0 mm. (See Abe, Paragraph [0031]).
In Reference to Claim 9
(See Abe, Figures 2-6 and Figures 1 and 7 as annotated by Examiner above)
Abe discloses:
Wherein the electrode connection element (21,Z) is formed from a Ni-Cr-Mo alloy or of a Fe-Cr-Al alloy. (See Abe, Paragraph [0015]).
In Reference to Claim 10
(See Abe, Figures 2-6 and Figures 1 and 7 as annotated by Examiner above)
Abe discloses:
Wherein the electrode connection element (21,Z) is designed as a cast part or sintered part. (See Abe, Paragraph [0017]).
Abe discloses the electrode connection element. (See claim 1 rejection above). The limitation of the electrode connection element “is designed as a cast part or sintered part” is being treated as a product by process limitation. Product-by-process claims are limited ONLY to the structure implied by the cited steps, NOT to the manipulation of the recited steps. It has been held that if the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable, even though the prior product was made by a different process, and the burden shifts to the applicant to show an unobvious difference. (See MPEP 2113).
In Reference to Claim 11
(See Abe, Figures 2-6 and Figures 1 and 7 as annotated by Examiner above)
Abe discloses:
Wherein the heating resistor (24) comprises ceramic or a metallic honeycomb structure, wherein the ceramic honeycomb structure comprises an electrically conductive coating and/or wherein the electrically conductive coating or the metallic honeycomb structure comprises a catalytic coating. (See Abe, Paragraphs [0014]-[0015]).
In Reference to Claim 12
(See Abe, Figures 2-6 and Figures 1 and 7 as annotated by Examiner above)
Abe discloses:
A system consisting of a heating element according to claim 1 (See claim 1 rejection above) and of at least one part of an exhaust system in the form of an exhaust pipe, wherein the heating element is arranged inside the exhaust pipe and wherein the electrodes are being guided to the outside. (See Abe, Paragraphs [0002]-[0007] & [0014]).
The Examiner notes that the exhaust heating element is disclosed as positioned in an exhaust system and would require the electrodes be supplied with connections external to the pipe.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Richard, Anderson, Rajnik, Merkel, Collins, Abe’088, Hashimoto, and Ohashi show exhaust catalyst heating devices within the general state of the art of invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW THOMAS LARGI whose telephone number is (571)270-3512. The examiner can normally be reached 8:00 - 4:00 M-F.
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, Essama Omgba can be reached at (469) 295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW T LARGI/Primary Examiner, Art Unit 3746
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