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 .
Election/Restrictions
Claims 14-19 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/31/2025.
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) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corona (US 20160192442 A1) in view of Gruber (EP 3726926 A1).
Claim 1. Corona discloses a heat mat system (heat mats, abstract) comprising: a heat mat (heat mat 10, Fig. 1) having:
a first layer of poly vinyl chloride (plastic sleeve made from 24 gauge poly vinyl chloride, par. 12);
a second layer of polyethylene terephthalate (PET) (a layer of polyester material made from PET, par. 12 and 17);
a third layer of a plurality of metal alloy heating circuits and a polymer liquid adhesive (middle layer containing metal alloy wire and polymer liquid adhesive, par. 14);
a fourth layer of PET (an additional layer of polyester material, par. 16);
a fifth layer of poly vinyl chloride (additional plastic sleeve layer made form 24 gauge poly vinyl chloride, par. 17);
Corona does not disclose wherein Line and Neutral conductors extend along a longitudinal length of the heat mat and multiple parallel connected heating circuits are coupled to the Line and Neutral; and
wherein each of the multiple parallel connected heating circuits are longitudinally spaced apart from each such that the heat mat is adapted to be severable along predefined cut points indicated on the exterior of the heat mat such that the length of the heat mat may be adjusted to a length corresponding to one of the predefined cut points.
Gruber discloses a heating mat wherein Line (4a) and Neutral (4b) conductors extend along a longitudinal length of the heat mat and multiple parallel connected heating circuits (secondary conductor tracks in parallel 5a and 5b with inner conductor tracks 7, Fig. 2) are coupled to the Line and Neutral (conductor tracks 4a and 4b extend in a longitudinal direction of the heating mat, Fig. 1); and
wherein each of the multiple parallel connected heating circuits are longitudinally spaced apart from each (the secondary conductor tracks 5a and 5b are longitudinally spaced apart) such that the heat mat is adapted to be severable along predefined cut points (cutting line “s” run transverse to the heat mat, Fig. 1) indicated on the exterior of the heat mat such that the length of the heat mat may be adjusted to a length corresponding to one of the predefined cut points (cutting lines allow the heat mat to be cut to size, par. 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Corona to incorporate the teachings of Gruber and have parallel heating circuits with cutting lines. Doing so would have the benefit of allowing the heating mat to be cut to size (par. 14, Gruber).
Claim 2. Corona in view of Gruber disclose the heat mat system according to claim 1, wherein the first layer of poly vinyl chloride and the fifth layer of poly vinyl chloride are provided having a thickness of at least 10 mils (24 gauge poly vinyl chloride is 0.24 mm or 9.5 mils).
While Corona does not disclose a 10 mils poly vinyl layer, 9.5 mils is close to 10 mils. It has been been held that a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. See Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985). MPEP 2144.05.I.
Claim 3. Corona in view of Gruber disclose the heat mat system according to claim 1, further comprising a control circuit (control circuit, par. 72) coupled to a source of power and to connection points for the Line and Neutral on the heat mat (control circuit is connected to a power supply, par. 51, Fig. 1), wherein the control circuit includes thermostatic control to regulate heat generated by the plurality of heating circuits (thermostatic control for the electric heat mats, par. 6).
Claim 4. Corona in view of Gruber disclose the heat mat system according to claim 3, wherein the control circuit provides for adjustable power output to the plurality of heating circuits (power can be varied, claim 1).
Claim 5. Corona in view of Gruber disclose the heat mat system according to claim 4, wherein the adjustable power output comprises preselected power settings (thermostatic control circuit is configured as a temperature threshold setting device, par. 55; where it is understood by the examiner that the temperature threshold setting allows users to set the temperature of the heat mat).
Claim 6. Corona in view of Gruber disclose the heat mat system according to claim 1, wherein the adhesive, the metal alloy and the PET layers comprise a fuse such that the adhesive delaminates the PET layers at temperatures above about 300*F causing the metal alloy to break causing an open circuit in the area of the delamination (claim 13).
Claim 7. Corona in view of Gruber disclose the heating mat system according to claim 1, wherein said metal alloy wire comprises copper, nickel, stainless steel or combinations thereof (claim 11).
Claim 8. Corona in view of Gruber disclose the heating mat system according to claim 1, wherein the adhesive is selected from the group consisting of:
a toluene solvent-evaporated cured acrylic based crosslinked polymer adhesive (solvent blend including toluene comprises a self-crosslinking polymer liquid, claim 15 and 18);
a heptane solvent-evaporated cured acrylic based crosslinked polymer adhesive;
an isopropanol solvent- evaporated cured acrylic based crosslinked polymer adhesive;
an acetone solvent-evaporated cured acrylic based crosslinked polymer adhesive; and
an ethanol solvent-evaporated cured acrylic based crosslinked polymer adhesive.
Claim 9. Corona in view of Gruber disclose the heating mat system according to claim 1, wherein the adhesive is an air and solvent-degassed cured acrylic based crosslinked polymer adhesive (liquid adhesive can be degassed to allow the self-crosslinking acrylic polymer adhesive bond to the PET films, par. 44).
Claim 10. Corona in view of Gruber disclose the heating mat system according to claim 1, wherein said poly vinyl chloride layers are heat fused together around the periphery of the pad (claim 19).
Claim 11. Corona in view of Gruber disclose the heat mat system according to claim 10, wherein the heating mat system is suitable for use in a damp or wet environment (heat mat is capable of being used in a damp or wet environment).
Claim 12. Corona in view of Gruber disclose the heating mat system according to claim 1, wherein said metal alloy comprises a resistance heating element (claim 10).
Claim 13. Corona in view of Gruber disclose the heating mat system according to claim 1, wherein each of the parallel connected heating circuits are configured in a zig zag type pattern such that the metal alloy connected between the line to the neutral as a heating conductor extends laterally back and forth in an area of the heat mat between the line and neutral conductors (inner conductor track 7 zig zag back and forth in the area between the main conductor track 4a and 4b, Fig. 2, Gruber).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIMPSON A CHEN whose telephone number is (571)272-6422. The examiner can normally be reached Mon-Fri 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at (571) 270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SIMPSON A CHEN/Examiner, Art Unit 3761
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761