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                  COMMISSIONER'S DECISION

 

OBVIOUSNESS; SECTION 45(4): Windshield Defogging Device

 

The differences between the applicant's device and the prior art do not

amount to invention. In the three rejected claims the sensor which activates

the heating element is inoperative below 100% humidity. The prior art sensors

are activated below 100% R.H.

 

Final Action: Affirmed.

 

This decision deals with a request for review by the Commissioner of

Patents of a refusal of claims C1 to C3 inclusive of patent application

130,413. The refusal was made under Section 42 of the Patent Act, and

was made by a letter dated November 25, 1975 issued as the result of

re-examination of the claims under Section 45(4) during conflict pro-

ceedings.

 

The application was filed on December 17, 1971 in the name of Takeomi

Nagasima for a "Defogging Glass Plate". Mr. N. Hewitt represented the

applicant at the Hearing conducted by the Patent Appeal Board on June 16,

1976.

 

This invention is for a glass plate containing electric heating elements

which drives off any moisture condensing on the glass. It may be, for

example, an automobile windshield, which is kept clear of moisture, frost,

ice etc. by the heating element. The electrical heating strip on the

glass surface is actuated by a moisture sensor containing a pair of spaced

electrodes. When moisture is detected by the sensor, an electric heating

circuit is actuated to remove the moisture by heat. Figures 1 and 3

given below show the basic component elements of the invention.

(see Figures I and III)

 

Claim C1, which is typical, reads as follows:

 

A defogging glass plate which comprises an electric heating

element in contact with the glass plate, said glass plate

having a moisture detecting sensitivity amplifying region

provided thereon, a sensor having a pair of electrodes which

are arranged in parallel with a gap of 0.2 mm therebetween and

which are fitted on the surface of the glass plate for

automatically detecting the presence of a water film in said

gap, a detecting circuit actuable by said sensors in detecting

a water film in said gap, and a control circuit actuable by

said detecting circuit to cause heating of the electric heating

element when a water film is present in the gap.

 

In the office letter claims C1 to C3 were refused for failing to patentably

distinguish over the following prior art

 

British Patent 884,967 Dec. 20, 1961    Miskin

 

U.S. Patents 3,071,746 Jan. 1, 1963     Kohl

         2,735,907    Feb. 21, 1956    Inman

         2,424,735    July 29, 1947    Boothroyd

         3,255,324    June 7, 1966     Ovshinsky

 

The Miskin citation discloses a vehicle windscreen combined with

electrical heating means. Sensors in the form of spaced electrodes on

the glass surface respond to changes in electrical resistance produced

by mist formation and actuate the heating means. Claim 1 of Miskin reads

as follows:

 

A vehicle windscreen or other transparent body of electric-

ally non-conductive material or of a material of high

electrical resistance, having upon its surface electrodes

connected to means responsive to changes of electrical

resistance and associated with and arranged to control

the operation of means to prevent or reduce misting of the

said surface when this tends to take place as a result

of conductive deposits such as would be produced by con-

densation of water vapour thereon.

 

The Kohl patent claims a humidity sensing device which comprises spaced

sensing electrodes mounted on the surface of an adsorbing base, such as

quartz. Figure 1 in the Kohl patent depicts his invention.

 

(see formula I)

 

The Inman reference shows a moisture activated circuit sensor for measur-

ing the presence of falling rain. Boothroyd is concerned with a humidity

control apparatus for use in a refrigerated compartment. Ovshinsky relates

to an electrical moisture-responsive controlling device for closing an

electrical circuit. It is activated by moisture in the surrounding

environment.

 

The office letter stated (in part):

 

Claim C1 defines:                   Prior art describes:

A defogging glass plate             See Miskin at page 1

etc., ...the glass plate,           lines 20-28 and claim 2

                              wherein he describes and

                        claims an electrical heating

                        element to reduce or prevent

                        misting of a glass surface such

                        as a vehicle windscreen,

said glass plate having a     While Miskin does not discuss

moisture detecting sensit-    such a structure in his patent,      

ivity amplifying region pro-       yet it is held to be an obvious

vided thereon,                      and uninventive step in view of

                                    Kohl who describes a humidity

                                    sensor similar to that of

                                    applicant having an electrode

                                    bearing quartz surface, roughened

                                    by grinding to reduce resistivity

                                    of the sensor. See Figs. 5 and

                                    6 (40, 42, 44) and Column 1

                                    lines 29-38 and Column 3 lines

                                    18-27,

 

a sensor having a pair of     Miskin in his patent, describes

electrodes which are                two strip electrodes attached to

arranged in parallel with a   a glass window and arranged in a

gap of 0.2 mm therebetween    parallel configuration as may be

etc., ...in said gap,               seen at page 1 lines 33-42 and in

                                    his lowermost drawing. The

                                    definition whereby the gap is

                                    0.2 mm. lacks patentable signifi-

                                    cance in that such spacing may be

                                    varied to produce any desired

                                    operating point of the sensor

                                    determined by voltage and degree

                                    of moisture to be sensed. Miskin

                                    discusses an electrode spacing of

                                    six inches while the cited patents

                                    of Inman and Boothroyd who both

                                    show humidity sensors of the type

                                    claimed in C1, describe a gap of

                                    approximately 0.4 mm. See

                              Boothroyd at Column 4 lines 59-63

                                    and Inman at Column 2 lines 28-31,

 

a detecting circuit                 Miskin describes a circuit in

actuable etc., .., when a     his disclosure and as illustrated in his

water film is present in      upper figure of the drawings, which

the gap.                            includes the detecting and control

                                    circuit as claimed in C1.

 

Claim C2 defines:                   Prior art describes:

 

The defogging glass plate           As discussed supra in conjunction

of claim 6 (C1) wherein             with Kohl, see Figs. 5 and 6 (40, 42, 44)

said moisture detecting             and Column 1, lines 29-38

sensitivity amplifying              and Column 3, lines 18-27.

region is prepared by sand

blasting to the glass

plate.

 

Claim C3 defines:                   Prior art describes:

 

The defogging glass plate           See Ovshinsky at Column 2

etc., ...by applying hydro-   lines 3 to 21 and Column 5

philic material to the        lines 6 to 30 who describes

glass plate.                  the use of a lithium

                        compound or composition

                        having hydrophilic prop-

                        erties which is applied

                        to the base on which are

                        supported spaced, parallel

                        electrodes to reduce

                        electrical resistance

                        between the electrodes.

 

In his responses of March 24, 1976 and June 1, 1976 to the Office letter,

the applicant stated (in part):

 

In particular, it is respectfully submitted that clearly

Miskin does not disclose or teach the necessity of having

a moisture detecting sensitivity amplifying region provided

on the glass plate and the Examiner in order to overcome

this omission of Miskin takes the position that this feature

is obvious and uninventive in view of the humidity sensor

of Kohl and the Examiner refers to Figures 5 and 6 of Kohl

and the description associated therewith. Clearly, as

admitted by the Examiner, Kohl is concerned with an electrode

bearing quartz surface which is a completely different surface

from a glass plate and the moisture detecting sensitivity

amplifying region of Kohl is completely different from that

of the present invention. Further, in the sensor of the

present invention it is a critical feature that the sensor

has a pair of electrodes which are arranged in parallel with

a gap from 0.1 to 10 mm therebetween and which are fitted to

the surface of the glass plate for automatically detecting the

presence of a water film in the gap. It is respectfully

submitted that neither Miskin nor Kohl disclose such a

feature and the Examiner takes the position insofar as the

size of the gap is concerned that the particular limitations

asserted by the applicant and for example in the conflict

claims 0.2 mm lacks patentable significance. Clearly, within

the overall range the spacing may be varied to produce any

desired operating point for the sensor determined by voltage

and degree of moisture to be sensed outside the aforesaid range

as is clearly set forth in the disclosure the sensitivity is such as

to severely limit the usefulness of the defogging plate. The primary

reference upon which the Examiner is relying is Miskin which has

an electrode spacing of six inches. It is respectfully submitted,

that to modify Miskin where the gap is six inches which is of

the order of 16 cm or a gap of 0.2 mm or the maximum 10 mm in

claim 1 would not be obvious to a person skilled in the art as

Miskin is concerned with a different type of sensor and the

teachings of Inman and Boothroyd is submitted have no relevance in

this direction. It is therefore submitted that the claims at

present on file clearly distinguish over the art cited by the

Examiner. It is further submitted that conflict claim C1 defines

an invention over the art. Insofar as conflict claims C2 and C3 are

concerned, it is respectfully submitted that these clearly dis-

tinguish over the art. As aforesaid insofar as conflict claim C2 is

concerned Kohl is concerned with a completely different material

and a completely different type of humidity sensor and with regard

to conflict claim C3 the Examiner has had to refer to Ovshinsky

which is still a further reference in an attempt to anticipate the claim.

It is respectfully submitted that the teachings of Ovshinsky which

are again concerned with a different type of sensor have no relevance

to the disclosures of Miskin which is the primary reference relied

on by the Examiner.

 

...

 

It is respectfully submitted that the disclosure of Kohl and the

invention set forth in Kohl is the fine grinding of a water adsorb-

ent substrate in a sensor for sensing the relative humidity of the

atmosphere and is for the purpose of reducing the circuit resistance

of such a substrate at relative humidities in the range 0 to 100% as

shown in Fig. 10 of Kohl. In contrast thereto conflict claims C1

is directed inter alia to the said blasting of a non-adsorbent

substrate i.e. plate glass for the purpose of causing water vapour

condensed thereon when the relative humidity is above 100% to form

a water film to cause current conductance between the electrodes

to actuate the detecting circuit. Thus it is submitted that Kohl

effects a different process (fine grinding) of a different substrate

(water adsorbent substrate) for a different purpose (to reduce circuit

resistance) in the different device (relative humidity sensor) and

as such the teachings of Kohl would have no relevance to the

invention as set forth in conflict claim C1 (er C2). Further, the

treatment of Kohl fine grinding in a plate glass substrate would

have minimal effect in enhancing the formation of the water film.

 

What we must determine is whether claims C1 to C3 are directed to a patent-

able advance in the art.

 

At the hearing Mr. Hewitt conceded that the Miskin reference was directed to

a similar device as his clients. The difference is in the sensor arrangement.

He stated that the applicant's invention detects the presence of a water film,

as compared to the detection of condensed vapor in the form of water droplets in

Miskin. We agree that the Miskin sensor is different from that used by the

applicant since in Miskin maximum sensitivity is obtained when his electrode

elements are spaced six inches apart. In the applicant's device the gap

ranges from 0.1 to 10 mm.

 

Considering the Kohl reference, we find there a humidity sensor having a

roughened adsorbing element in which "comb" type electrodes are mounted. The

applicant argues that Kohl "effects a different process (fine grinding) of a

different substrate (water adsorbent substrate) for a different purpose (to

reduce circuit resistance) in a different device (relative humidity sensor)."

Before commenting on Kohl we think it is important to define what is meant by

"humidity". According to the text "Heating and Air Conditioning," by

Burgess H. Jennings, March 1956, atmospheric air is defined as a "mechanical

mixture of gases." Further:

 

Another important constituent of air is water vapor (steam).

This vapor usually occurs in the form of superheated steam as an

invisible gas. However, when air is cooled to a certain tempera-

ture (the so-called dew point) the steam in the air starts to

condense and may be visible - as mist or fog, or as condensation

on cold surfaces (dew).

 

The water vapor (steam) mixed with dry air in the atmosphere is

known as humidity.

 

Relative humidity is defined as the ratio of the partial pressure

of water vapor in the air to the pressure which saturated water

vapor exerts at the temperature of the air.

 

Kohl's sensor for measuring relative humidity utilizes "nonporous material

having adsorbing characteristics." He stated (Col. 1) that "materials which

have been found to possess excellent adsorbing characteristics, with the

exception of their respective resistance ranges for 10 to 100% relative

humidity, are quartz (single crystal), fused quartz (poly crystalline) and

glass (high silica content i.e. 96% silica and over)." He continues "the

above-mentioned materials have a relatively smooth surface. However, it has

been found that by roughening that surface which is to be used for measuring

humidity the resistance range is appreciably lowered, that is lowered enough

to bring it within limits of practical utility."

 

It would appear that roughening the adsorbing surface will allow the vapor

molecules to adhere more readily and thereby develop sufficient resistance

sensitivity to enable. the electrodes to detect over a broad range of vapor

conditions. These conditions are indicate<< in Kohl to be from 10% to 100%

relative humidity. The applicant maintains that he is only concerned with

a sensor "to determine the formation of a water film on the glass plate."

From this analysis we conclude that as the relative humidity increases, the

number of molecules adhering to the surface increase until the dew point is

reached, at which time drops of moisture become visible. Consequently the

measurement of relative humidity envisaged by Kohl from 10 to 100%, and the

measurement of water film, as envisaged by the applicant, both utilize the

change in resistance due to water film thickness. We see no difference in

the formation of the "water film" pools of the applicant's arrangement from the

formation of the "water film" pools in Kohl.

 

Further the applicant states that he uses a moisture detecting sensitivity

amplifying region on his "plate glass" surface, This is prepared by a "sand

blast method" or by "imparting a hydrophylic property by coating." He argues

that this is different than Kohl, who uses fine grinding with #500 grit.

In Column 4, line 36, Kohl also specifies that roughness can be obtained by

acid etching. In our view roughening of the surface is to increase its

molecular attraction, and it is immaterial whether this is attained by sand

blasting or fine grinding, since both enhance the formation of a water film

by reducing the surface tension of the water.

 

On page 3 of the applicant's letter dated June 11, 1976, it is stated: "...

that by specifying high silica glass as a suitable material, normal plate glass

which forms the defogging glass plate of conflict C1 is not such a material

having adsorbing characteristics suitable for forming the substrate of the

device of Kohl and therefore the teachings with regard to such a relative

humidity sensor as set forth in Kohl have no relevance to the invention

set forth in conflict claim C1."

 

We find that Kohl, in column 1, line 26, does specify glass (96% silica

or over) comparable to the plate glass used by the applicant. Therefore we do not

see how the adsorbing material used by the applicant acts differently from the

adsorbing material indicated in Kohl.

 

On page 7 of the disclosure the applicant states that the "maximum electrical

resistance for the sensor for detecting moisture can be selected in the range

of 100,000 ohms to 10,000,000 ohms." Figure 10 of Kohl shows the range of

finely ground SiO2 to be from 100,000 ohms to 1,000,000,000 ohms. Since there

is a broad range of resistance values as the relative humidity changes, there

would be no problem in selecting any desired value to actuate a heating circuit

whether it is relative humidity below the dew point us in Kohl, or above 100

percent humidity as intended by the applicant.

 

It is true that Kohl is silent as to the gap between the electrodes, but since

the resistance values obtained are similar to that of the applicant it is a fair

assumption that the required electrode gap would be similar to that used by

the applicant.

 

Therefore, we conclude that the sensor arrangement used by Kohl is not a

different device from the moisture detecting sensitivity amplifying region

of the applicant. In Niagara Wire Weaving Co. vs Johnson Wire Works Ltd.

1939 Ex. C.R. at 273 Maclean J. stated that ["small variations from, or slight

modifications of, current standards of construction, in an old art, rarely

are indicative of invention; they are obvious improvements resulting from

experiences, and the changing requirements of users."] Claim C1 therefore, in

our view, fails to recite a patentable advance in the art.

 

Dependent claims C2 and C3 which specify sand blasting and the application

of hydrophylic material to the glass plate do not make a patentable combination

over what was recited in refused claim C1.

 

The Board recommends that the decision of the examiner to refuse claims

C1, C2 and C3 as lacking patentable subject matter be affirmed.

 

Gordon Asher

Chairman

Patent Appeal Board

 

I have reviewed the findings of the Patent Appeal Board and agree that

Claims C1 to C3 inclusive should be refused. The applicant has six

months within which to remove those claims or to appeal under Section 44

of the Patent Act.

 

J.A. Brown

Acting Commissioner of Patents

 

Dated at Hull, Quebec

 

this 14th.day of July, 1976

 

Agent for Applicant

 

Marks & Clerk

Box 957, Station B,

Ottawa, Ont.

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