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 .
Response to Amendment
The amendment filed 30 April 2025 has been entered.
Applicant’s amendments have overcome the previous Claim objections. However, a new Claim objection has been provided in the present Office action as a result of the Applicant’s amendments.
Applicant’s amendments have overcome the 35 USC 112(b) rejection. Accordingly, the 35 USC 112(b) rejection has been withdrawn.
Applicant’s arguments, filed 30 April 2025, with respect to the rejection of claims under 35 USC § 103 have been fully considered and are persuasive. However, after conducting an updated search, an additional reference was identified, which teaches the amended portions of the claims. Therefore, the claims remain rejected as obvious in view of the prior art.
Status of the Claims
In the amendment dated 30 April 2025, the status of the claims is as follows: Claims 1, 3, 6-11, 13, 16-17, and 19 have been amended. Claims 12 and 14-15 have been cancelled.
Claims 1-11, 13, and 16-19 are pending.
Claim Objections
Claim 3 is objected to because of the following informalities:
In claim 3, recommend reciting “wherein at least one of the primary electrodes comprises at least one dissipating branch configured to produce electric current that flows between said at least one dissipating branch and another of the at least two primary electrodes of different polarity.”
Appropriate correction is required. This new objection is provided based on the amended portion of the claim.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-11, 13, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US-20190268975-A1, effective filing date of 26 February 2018) in view of Bulgajewski (US-20040238516-A1, hereinafter referred to as Bulgajewski ‘516).
Regarding claim 1, Kim teaches a radiant panel (plane heater 400A, fig. 6) configured to be installed inside a motor vehicle passenger compartment (“glass surfaces or sheets of automobiles,” para 0003; construed as a glass surface for the interior passenger compartment of an automobile), the radiant panel comprising:
a single layer (“layer” between the electrodes, para 0025) on a surface of the radiant panel (the layer is construed as the material being between the first and second electrodes, fig. 6); and
at least one array of electrodes (array of electrodes shown in fig. 6) with at least two primary electrodes (first electrode 410A and second electrode 420A, fig. 6) of different polarities (para 0004), the array of electrodes being arranged such that at least two primary electrodes of different polarities each define at least one spiral winding around one another (fig. 6 is construed as showing four spiral windings),
wherein the at least two primary electrodes, each defining at least one spiral winding (construed as two spiral windings for electrode 410A and two spiral windings for electrode 420A, fig. 6)
wherein at least one of the primary electrodes has at least two complementary branches that are substantially concentric circular arcs (electrode 410A has two concentric complimentary branch electrodes 413A-L; electrode 420A has two concentric complimentary branch electrodes 423A, annotated in fig. 6; paras 0077-0078), and
wherein the at least two primary electrodes are configured to supply electric current (“current,” para 0080) to the electrically conductive coating to provide heat through a Joule effect (“heat generation material,” para 0025; using electrical current to generate heat is construed as achieving the claimed “Joule effect”).
Kim, fig. 6 (annotated)
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Kim does not explicitly disclose a single layer of electrically conductive coating; wherein the at least two primary electrodes are integrated into the single layer of electrically conductive coating and are disposed on a same side of the single layer of electrically conductive coating.
However, in the same field of endeavor of automotive electrical heaters, Bulgajewski ‘516 teaches a single layer (resistive layer 14, fig. 1) of electrically conductive coating (“PTC material,” para 0027); wherein the at least two primary electrodes (traces 50 and 52, para 0031; construed as electrodes because they conduct electricity from the busses, para 0031) are integrated into the single layer of electrically conductive coating and are disposed on a same side of the single layer of electrically conductive coating (“resistive or thermistor layer 14 is applied on to conductor layer 16…resistive layer 14 is typically a polymer thick film” para 0027; conductor layer 16 is where the traces are located, paras 0030-0031 and 0036; construed as an integrated connection where the conductor layer 16 is on a side of the thermistor layer, as shown in fig. 1).
Bulgajewski ‘516, fig. 1
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Kim to include, a single layer of electrically conductive coating; wherein the at least two primary electrodes are integrated into the single layer of electrically conductive coating and are disposed on a same side of the single layer of electrically conductive coating, in view of the teachings of Bulgajewski ‘516, by using PTC material in a resistive layer that is applied to electrodes, as taught by Bulgajewski ‘516, for the heat-generation layer, as taught by Kim, in order to use the plane heater, as taught by Kim, as a heater for automobile seats by creating a flexible heater as a result of uniformly applying a polymer thick film of PTC material to the electrodes, which can be used to generate heat, for the advantage of using a flexible seat warmer in an automotive seat (Bulgajewski ‘516, para 0027; Bulgajewski ‘516 teaches uniform heating in the resistive layer, para 0006; Kim teaches uniform heating in the resistive layer, paras 0005 and 0008).
Regarding claim 2, Kim teaches wherein the at least two primary electrodes (electrodes 410A and 420A, fig. 6) of different polarities are equidistant from one another over at least part of their length (the “radii” of the electrodes are evenly distributed, fig. 6; e.g., the radial distance between the outer 410A electrode and outer electrode 420A is equal to the distance between electrode 420A and inner branches 413A, fig. 6).
Regarding claim 3, Kim teaches wherein at least one of the primary electrodes (electrode 420A, fig. 6) comprises at least one dissipating branch (central branch 423A, annotated in fig. 6) configured to produce electric current that flows (para 0080) between said at least one dissipating branch (central branch 423A, fig. 6) and the at least two primary electrodes of different polarity (electrode 410A, which is of a different polarity, connects to branches 413A, fig. 6; current flows between branch electrodes 413A and 423A, para 0080).
Regarding claim 4, Kim teaches wherein the at least one of the dissipating branches of the at least one primary electrode (central branch 423A, annotated in fig. 6) is arranged between two neighboring dissipating branches (inner branches 413A, annotated in fig. 6) of the at least one primary electrode of different polarity (inner branches 413A connect with electrode 410A, fig. 6), such that the electric current is able to be established between the dissipating branch of the at least one primary electrode and the two neighboring dissipating branches of the at least one primary electrode of different polarity (current flows between branch electrodes 413A and 423A, para 0080).
Regarding claim 5, Kim teaches wherein at least one of the primary electrodes (first electrode 410A and second electrode 420A, fig. 6) has a variable cross section (para 0014) or a constant cross section (para 0022) over at least part of its length.
Regarding claim 6, Kim teaches a radiant panel (plane heater 400A, fig. 6) configured to be installed inside a motor vehicle passenger compartment (“glass surfaces or sheets of automobiles,” para 0003; construed as a glass surface for the interior passenger compartment of an automobile), said radiant panel comprising:
a single layer (“layer” between the electrodes, para 0025) on a surface of the radiant panel (the layer is construed as the material being between the first and second electrodes, fig. 6); and
at least one array of electrodes (array of electrodes shown in fig. 6) with at least two primary electrodes (first electrode 410A and second electrode 420A, fig. 6) of different polarities (para 0004), the array of electrodes being arranged such that at least one of the primary electrodes is surrounded on both sides, at least locally, by dissipative regions of the electrically conductive coating that are capable of generating heat through the flow of an electric current flowing through said at least one primary electrode (“heat generation material layer may be provided such that current can flow between the first electrode and the second electrode,” para 0025; the dissipative regions are construed as the white space between the first and second electrodes where the heat generation material is located, fig. 6),
wherein at least one of the primary electrodes has at least two complementary branches that are substantially concentric circular arcs (electrode 410A has two concentric complimentary branch electrodes 413A-L, annotated in fig. 6 below; paras 0077-0078).
Kim, fig. 6 (annotated)
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Kim does not explicitly disclose a single layer of electrically conductive coating; wherein the at least two primary electrodes are integrated into the single layer of electrically conductive coating.
However, in the same field of endeavor of automotive electrical heaters, Bulgajewski ‘516 teaches a single layer (resistive layer 14, fig. 1) of electrically conductive coating (“PTC material,” para 0027); wherein the at least two primary electrodes (traces 50 and 52, para 0031; construed as electrodes because they conduct electricity from the busses, para 0031) are integrated into the single layer of electrically conductive coating (“resistive or thermistor layer 14 is applied on to conductor layer 16…resistive layer 14 is typically a polymer thick film” para 0027; conductor layer 16 is where the traces are located, paras 0030-0031 and 0036; construed as an integrated connection where the conductor layer 16 is on a side of the thermistor layer, as shown in fig. 1).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Kim to include, a single layer of electrically conductive coating; wherein the at least two primary electrodes are integrated into the single layer of electrically conductive coating, in view of the teachings of Bulgajewski ‘516, by using PTC material in a resistive layer that is applied to electrodes, as taught by Bulgajewski ‘516, for the heat-generation layer, as taught by Kim, in order to use the plane heater, as taught by Kim, as a heater for automobile seats by creating a flexible heater as a result of uniformly applying a polymer thick film of PTC material to the electrodes, which can be used to generate heat, for the advantage of using a flexible seat warmer in an automotive seat (Bulgajewski ‘516, para 0027; Bulgajewski ‘516 teaches uniform heating in the resistive layer, para 0006; Kim teaches uniform heating in the resistive layer, paras 0005 and 0008).
Regarding claim 7, Kim teaches wherein the at least two primary electrodes (first electrode 410A and second electrode 420A, fig. 6) extend parallel to one another (the electrodes are symmetric across the vertical axis in fig. 6; construed such that the right halves of electrodes 410A and 420A are parallel to the left halves of electrodes 410A and 420A, extending in a vertical direction).
Regarding claim 8, Kim teaches wherein the at least two primary electrodes (first electrode 410A and second electrode 420A, fig. 6) of opposite polarities are arranged alternately with respect to one another (electrodes 410A and 420A alternate in a radial direction, fig. 6).
Regarding claim 9, Kim teaches wherein the at least two primary electrodes (electrodes 410A and 420A, fig. 6) are equidistant from one another (the “radii” of the electrodes are evenly distributed, fig. 6; e.g., the radial distance between the outer 410A electrode and outer electrode 420A is equal to the distance between electrode 420A and inner branches 413A, fig. 6).
Regarding claim 10, Kim teaches wherein the at least two primary electrodes (electrodes 410A and 420A, fig. 6) are configured to be flowed through by the electric current of different strengths (“the sectional areas of the branch electrodes may be increased in a direction from the center of a circle to the outside thereof,” para 0014; current is defined as charge per time per cross-sectional area; if the cross-sectional area of the electrodes has different dimension in the radial direction, then the current will have different strengths in the radial direction depending on the cross sectional area of the electrode; this change in the width of electrodes can be seen in fig. 6 where the outer ring of electrode 410A is wider than the inner ring of branch 413A, thus implying that there is a change in current between the inner and outer rings of electrode 410A).
Regarding claim 11, Kim teaches wherein the at least two primary electrodes (electrodes 410A and 420A, fig. 6) are parallel and aligned (the electrodes are symmetric across the vertical axis in fig. 6; construed such that the right halves of electrodes 410A and 420A are parallel to the left halves of electrodes 410A and 420A, extending in a vertical direction) or are parallel and offset with respect to one another (not explicitly disclosed).
Regarding claim 13, Kim teaches wherein the at least two complementary branches (electrode 410A has two concentric complimentary branch electrodes 413A-L, annotated in fig. 6 above; paras 0077-0078) branch off from said primary electrode starting from an identical (the construed branches branch-off from identical points on electrode 410A, annotated in fig. 6 above) or different junction point (not explicitly disclosed).
Regarding claim 16, Kim teaches wherein each complementary branch of the at least one primary electrode (electrode 410A has two concentric complimentary branch electrodes 413A-L) is equidistant from at least two complementary branches of at least one primary electrode of different polarity (electrode 420A has two concentric complimentary branch electrodes 423A, annotated in fig. 6 below; fig. 6 is symmetric across the vertical axis; as a result, the radial distance between the branches on the left half is equal to the radial distance between the branches on the right half).
Kim, fig. 6 (annotated)
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Regarding claim 17, Kim teaches wherein at least one of the complementary branches (electrode 410A has two concentric complimentary branch electrodes 413A-L) comprises a plurality of dissipating branches (branches 413A, fig. 6; annotated as “dissipating branches” in fig. 6 above) configured to produce electric current that flows (para 0080) between at least one dissipating branch of said dissipating branch (branches 413A, fig. 6) and a complementary branch of different polarity (branches 423A, annotated in fig. 6 below as “dissipating branches”).
Kim, fig. 6 (annotated)
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Regarding claim 18, Kim teaches wherein at least one of the dissipating branches of the at least one complementary branch (branches 413A, fig. 6) is arranged between two neighboring dissipating branches of the complementary branch of different polarity (branches 423A, annotated in fig. 6 above as “dissipating branches;” the branches 413A are between branches 423A), such that the electric current is able to be established between the dissipating branch of the at least one complementary branch (branches 413A, fig. 6) and the two neighboring dissipating branches (branches 423A, annotated in fig. 6 above as “dissipating branches”) of a complementary branch of different polarity (para 0080).
Regarding claim 19, Kim teaches a motor vehicle passenger compartment (“glass surfaces or sheets of automobiles,” para 0003; construed as a glass surface for the interior passenger compartment of an automobile), comprising:
a single layer (“layer” between the electrodes, para 0025) on a surface of a radiant panel (plane heater 400A, fig. 6; the layer is construed as the material being between the first and second electrodes, fig. 6); and
the radiant panel including at least one array of electrodes (array of electrodes shown in fig. 6) with at least two primary electrodes (first electrode 410A and second electrode 420A, fig. 6) of different polarities (para 0004), the array of electrodes being arranged such that at least two primary electrodes of different polarities each define at least one spiral winding around one another (fig. 6 is construed as showing four spiral windings),
wherein the at least two primary electrodes, each defining at least one spiral winding (construed as two spiral windings for electrode 410A and two spiral windings for electrode 420A, fig. 6)
wherein at least one of the primary electrodes has at least two complementary branches that are substantially concentric circular arcs (electrode 410A has two concentric complimentary branch electrodes 413A-L; electrode 420A has two concentric complimentary branch electrodes 423A, annotated in fig. 6; paras 0077-0078), and
wherein the at least two primary electrodes are configured to supply electric current (“current,” para 0080) to the electrically conductive coating to provide heat through a Joule effect (“heat generation material,” para 0025; using electrical current to generate heat is construed as achieving the claimed “Joule effect”).
Kim does not explicitly disclose a single layer of electrically conductive coating; wherein the at least two primary electrodes are integrated into the single layer of electrically conductive coating and are disposed on a same side of the single layer of electrically conductive coating.
However, in the same field of endeavor of automotive electrical heaters, Bulgajewski ‘516 teaches a single layer (resistive layer 14, fig. 1) of electrically conductive coating (“PTC material,” para 0027); wherein the at least two primary electrodes (traces 50 and 52, para 0031; construed as electrodes because they conduct electricity from the busses, para 0031) are integrated into the single layer of electrically conductive coating and are disposed on a same side of the single layer of electrically conductive coating (“resistive or thermistor layer 14 is applied on to conductor layer 16…resistive layer 14 is typically a polymer thick film” para 0027; conductor layer 16 is where the traces are located, paras 0030-0031 and 0036; construed as an integrated connection where the conductor layer 16 is on a side of the thermistor layer, as shown in fig. 1).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Kim to include, a single layer of electrically conductive coating; wherein the at least two primary electrodes are integrated into the single layer of electrically conductive coating and are disposed on a same side of the single layer of electrically conductive coating, in view of the teachings of Bulgajewski ‘516, by using PTC material in a resistive layer that is applied to electrodes, as taught by Bulgajewski ‘516, for the heat-generation layer, as taught by Kim, in order to use the plane heater, as taught by Kim, as a heater for automobile seats by creating a flexible heater as a result of uniformly applying a polymer thick film of PTC material to the electrodes, which can be used to generate heat, for the advantage of using a flexible seat warmer in an automotive seat (Bulgajewski ‘516, para 0027; Bulgajewski ‘516 teaches uniform heating in the resistive layer, para 0006; Kim teaches uniform heating in the resistive layer, paras 0005 and 0008).
Response to Argument
Applicant’s arguments filed 30 April 2025 have been fully considered but are moot because the arguments do not apply to the new rejections of Kim combined with Bulgajewski ‘516.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERWIN J WUNDERLICH whose telephone number is (571)272-6995. The examiner can normally be reached Mon-Fri 7:30-5:30.
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/ERWIN J WUNDERLICH/Examiner, Art Unit 3761 7/23/2025 /EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761