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
Applicant’s amendments to the claims filed on 12/04/2025 are acknowledged and entered. According to the Amendments to the claims, claims 1-3, 9, 11 and 17-18 has /have been amended. Accordingly, claims 1-18 are pending in the application with claims 4- 8, 10, 12 and 14-16 previously withdrawn. An action on the merits for claims 1-3, 9, 11, 13 and 17-18 are as follow.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include any “sealant” in a single “heating panel” as claimed in [0013]; even though the applicant argued “was amended to read a "first sealant part" (represented by numeral 50A) and a second sealant part (represented by numeral 50B)… in the specification paragraphs [0013] (. .. ''form adhesive zones which acts as both an adhesive and a sealant to the electrical contacts " ... ) and [0078] ( ... "an adhesion zone 50 about the contacts which acts as a sealant zone" ... )”, however, a adhesion zone (50A and 50B in [0007]) cannot be equal to “a sealant”, “a first sealant part”, or “a second sealant part” as claimed. 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.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, under claim 11, the “a first sealant part”, and “a second sealant part” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required.
There is no description of “a heating panel comprising: a sealant disposed on or about at least one of the abutments to operationally form at least one sealant” in the specification; even though the applicant argued “attention to Paragraph [0013] which states inter alia: It is noted that a sealing zone may act as an adhesive zone and vice versa, and the terms 'adhesive zone ', 'seal zone ', 'sealing zone', and 'sealant zone 'may be used interchangeably." Additional disclosure supporting this identity may be find elsewhere, such as in paragraphs [0077-0078] and elsewhere. Paragraph [0077] by way of example further discloses " ... Operationally adhesion zone 50 at least partially surrounds the contacts, ... ". It is thus unequivocally seen that the specification fully support the claimed structure”, however, a adhesion zone (50A and 50B in [0007]) cannot be equal to “a sealant”, “a first sealant part”, or “a second sealant part” as claimed. Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 line 3 recites the limitation “bottom surface”. Suggest changing “bottom surface” to “a bottom surface” to obviate this objection.
Claim 2 line 2-3 recites the limitation “the heating element”. Suggest changing “the heating element” to “the heating element” to obviate this objection.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION—the specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-3, 9, 11, 13 and 17-18 are rejected under 35 U.S.C. 112(b) second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 line 5 recites the limitation “the respective edge regions” rendering the claim indefinite. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 line 7 recites the limitation “the first and second abutments” rendering the claim indefinite. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 line 2 recites the limitation “the first or second pairs of contacts” rendering the claim indefinite. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 line 5 recites the limitation “a pair of heating panels”. There is insufficient antecedent basis for this limitation in the claim.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 11, 13 and 17-18 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by SAJIC (US 2019/0137115 A1).
Regarding Independent Claim 1, SAJIC discloses a heating panel (heating element 100, [0037], Fig 1B) comprising:
a polygonal body having at least a first abutment and a second abutment, a top surface and bottom surface separated by a panel thickness (details see Fig 1B), the first abutment disposed at a first edge region of the polygonal body and the second abutment disposed at a second edge region of the polygonal body, the respective edge regions lie on opposing side of the polygonal body (details see Fig 1B);
at least a pair of electrical busbars (bus bar strips 204 and 208, [0037], Fig 1B) extending between the first and second abutments (details see Fig 1B);
at least one electrical heating element (causes section 206 to evenly generate heat resulting from the electrical resistance of section 206, [0037], Fig 1B) disposed between the top surface and the bottom surface (Fig 1B); the heating element being directly or indirectly electrically coupled between the pair of busbars for receiving electrical energy therefrom (busbars typically comprise a copper layer coating over the
carbon veil, and section 206 located between the busbars, [0037]);
a first pair of electrical contacts disposed in or about the first abutment (a first pair of electrical contacts disposed on or about the first abutment at very left side. Fig 1B);
a second pair of electrical contacts disposed on or about the second abutment (a second pair of electrical contacts disposed in or about the second abutment at very right side, Fig 1B), the first pair of contacts and the second contacts being disposed on their respective abutments in substantially complementary position (see Fig 1B), each contact in the first pair of contacts being electrically coupled by a respective busbar of the pair of busbars to a contact in the second pair contacts (see Fig 1B); and,
a sealant (a non-conductive covering, such as… a polymeric or elastomeric sealant, [0008]. Note: the terms 'adhesive zone', 'seal zone', 'sealing zone', and 'sealant zone' may be used interchangeably, see Spec. [0012] of the current application; adhesive/sealant may be applied to only one of the mating surfaces and the application of the adhesive is a matter of design choice, see Spec. [0131] of the current application, Fig 6) disposed on or about at least one of the abutments to operationally form at least one sealant zone adjacent to at least one contact of the pair of contacts of the respective abutment, the sealant being disposed so as to limits fluids from reaching the at least one contact (over at least a portion of the conductive fastener disposed on and protruding from on an outermost surface of the connected heating element and busbar assembly, [0008]).
Claim 11, wherein the sealant comprises a first sealant part and a second sealant part, the first sealant part being disposed on the first abutment and the second sealant part being disposed on the second abutment (Clearly, “the sealant” capable of “comprises a first sealant part and a second sealant part, the first sealant part being disposed on the first abutment and the second sealant part being disposed on the second abutment” as claimed).
Claim 13, wherein the heating element (Carbon veils are beneficial for use in heating products, [0036], Fig 1A) comprises a plurality of sub-elements connected in parallel (fiber sheet comprises a plurality of individual, substantially straight untangled fibers, [0036], see parallel connected sub-elements in Fig 1A).
Claim 17, wherein the sealant zone is disposed such that when a pair of heating panels are operationally laid end to end and a first contact on the first heating panel of the pair of heating panels is disposed opposite a second contact of the second heating panel of the pair of heating panels, the sealant zone operationally provides compressive force, for urging the first contact and the second contact against each other (over at least a portion of the conductive fastener disposed on and protruding from on an outermost surface of the connected heating element and busbar assembly, [0008]).
Claim 18, further comprising at least one mechanical protection layer (a copper layer coating over the carbon veil, [0037]).
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over SAJIC (US 2019/0137115 A1) in view of Rao et al. (US 2019/0137114 A1).
Regarding Claims 2-3, SAJIC discloses ground electrical contact (including the earth (ground) connection, [0097]); SAJIC discloses the invention as claimed and as discussed above, except does not discloses Claims 2-3.
Rao et al. teaches a heating panel (a heating device 300a, [0051], Fig 8), and: Claim 2, further comprising: An electrical ground plane (Ground plane, Fig 8) disposed at least between the heating element (heating elements 302 are printed on the substrate 304, [0051], Fig 10) or a portion thereof and the top surface (a fabric material layer 318a… is attached to the grounding layer 316), [0052], Fig 10);
at least a first electrical ground electrical contact disposed on or about the first abutment (a first ground electrical contact disposed on or about the first abutments at the left- hand side, Fig 10); and,
a second electrical ground contact disposed on or about the second abutment in substantially complimentary position (a second ground contact disposed on or about the second abutment in substantially complimentary position at the right-hand side, Fig 10), the first ground contact and the second ground contact being electrically coupled to the ground plane (see Fig 10).
Claim 3, wherein one contact of the first or second pairs of contacts is a male contact (a pair of electrical coupling members or electrical couplers 1016 are attached to each of the busbars 1015 to convey electrical current to one or more adjacent heating devices 1002… each of the electrical coupling members 1016 includes a positive male connector, [0062], Fig 15) and wherein a second, complementary positioned contact disposed on the abutment opposing the abutment upon which the male contact is disposed, is a female contact (the adjacent electrical coupling members 1016 of the heating devices 1002 can be connected or coupled to each other to convey electrical current between the heating devices. Specifically, a heating device coupling member or female coupling member 1036 shown in FIG. 19B, [0066]), the male and female contacts being disposed such that when a pair of heating panels are operationally laid end to end, the female contact of one of the pair of heating panels will mechanically engage the male contact of the other heating panel of the pair of heating panels, the engaged male and female forming a matching contact pair and providing an electrical connection between the pair of heating panels (the adjacent electrical coupling members 1016 of the heating devices 1002 can be connected or coupled to each other to convey electrical current between the heating devices. Specifically, a heating device coupling member or female coupling member 1036 shown in FIG. 19B, [0066]).
Therefore, it would have been obvious before the effective filling date of the claimed invention to one of ordinary skill in the art to modify SAJIC with Rao et al.’s further teaching of Claims 2-3; because Rao et al. teaches, in Para [0008], of providing an excellent floor heating system with heating elements that are arranged on the membrane so that the membrane may be cut in any direction or pattern without disrupting the supply of electricity to the heating elements in the section of the heating device being used to heat a floor.
Claim 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over SAJIC (US 2019/0137115 A1) in view of Kominato et al. (US 2018/0174716 A1).
Regarding Claim 9, SAJIC discloses the invention as claimed and as discussed above, except does not discloses Claim 9.
Rao et al. teaches a polygonal body having at least a first abutment and a second abutment (member 100 having at least a first and a second opposing abutments at two ends, [0059], Fig 1, Note: “a polygonal body having at least a first abutment and a second abutment” taught by SAJIC already), and Claim 9, wherein the first abutment and a second abutment are of flat overlapping and/or of slotted overlapped design (including plurality of flat conductors 11A-11D, [0060], Figs 1-2).
Therefore, it would have been obvious before the effective filling date of the claimed invention to one of ordinary skill in the art to modify SAJIC with Kominato et al.’s further teaching of Claim 9; because Kominato et al. teaches, in Para [0007], of providing an excellent wiring member that is lighter and thinner than conventional wires and can thus reduce a routing space.
Response to Arguments
Applicant’s arguments with respect to Claims 1-3, 9, 11, 13 and 17-18 have been considered but are moot in view of the new ground(s) of rejection presented in this Office Action as stated above. The same prior art used under the Non-Final Rejection been able to cover all the limitations of the amended claims.
A. The applicant's argument on Remarks, namely “The restriction/election requirement was discussed during the interview of November 19, 2025, and the Examiner agreed that identification of Fig's. 7 and 8 represent end portions of two adjacent panel prior to, and as they are being joined, the Examiner suggested that the respective paragraph [0077] would be amended to better reflect that and to explain the forming of continuous upper surface after the respective panels are joined, and the Applicant made this amendment herein. The Applicant further Explained that Fig. 13 is merely a simplified cross-section of a heating panel such as depicted by way of example in Figs. 6-8 with the optional addition of the ground plane of Figs 9-10. The Examiner agreed also that as Fig. 14 is equivalent to Fig. 6 with a differing type of heating element, as claimed for example in claim 13, while Fig. 14A merely adds the severable link 200 or switch 215 to Fig. 14. The Examiner further agreed that the addition of optional elements such as ground planes and insulating material as shown by way of example in Figs' 9 and 10, or presenting a simplified cross-section view of panels shown in previous figures do not rise to the requirements of MPEP 803 which states inter alia that claims "may properly be required to be restricted to one of two or more claimed inventions only if they are able to support separate patents and they are either independent restriction " ( emphasis added) Therefore the Applicant respectfully requests that finality of, and the restriction requirement itself, be reconsidered and withdrawn”.
The examiner’s response: based on the 08/07/2025 Non-Final Rejection: Species A-D are patentably distinct, Species A: [0077], Figs 7-8, including two panels 1A and 1B, each panel with electrical busbars 110 and 120. Operationally adhesion zone 50 at least partially surrounds the contacts. Species B: [0081], Fig 9, including two panels 1A and 1B; 1A with electrical busbars 110, 120 and a ground contact 170, and 170 is electrically coupled to a ground plane 180A; 1B with electrical busbars 110, 120 and a ground contact 172, and 172 is electrically coupled to a ground plane 180B. Species C: [0083], Fig 10, including two panels 1A and 1B, each panel with electrical busbars 110, 120 and a ground contact 170; 110 of 1A with an insulation mask 1450a, and 110 of 1B with an insulation mask 1450b. Species D: [0084], Fig 11, including two panels 1A and 1B, each panel with electrical busbars 110, 120 and a ground contact 170; 1A including a protrusion 190 on upper abutment 20A, 1B including a complementary slot 192 on lower abutment 30B. Further, the distinctions between species would be a serious burden to search currently, and in the future if/when changes are made to either invention’s scope. For example, Species A do not require: panel 1A with electrical busbars 110, 120 and a ground contact 170, and 170 is electrically coupled to a ground plane 180A; panel 1B with electrical busbars 110, 120 and a ground contact 172, and 172 is electrically coupled to a ground plane 180B; Species B do not require: two panels 1A and 1B, each panel with electrical busbars 110, 120 and a ground contact 170; 110 of 1A with an insulation mask 1450a, and 110 of 1B with an insulation mask 1450b; Species C do not require: panels 1A and 1B, each panel with electrical busbars 110, 120 and a ground contact 170; 1A including a protrusion 190 on upper abutment 20A, 1B including a complementary slot 192 on lower abutment 30B; Species D do not require: each panel with electrical busbars 110 and 120, adhesion zone 50 at least partially surrounds the contacts. Also, this is not found persuasive because Species 1 to 3 are patentably distinct, Species 1: [0085], Fig 13, In this embodiment, a heating panel including a ground plane 180 extending above the energized components, terminating in contacts 170 and 172. Species 2: [0086], Fig 14, in this embodiment, a heating panel including a plurality of resistive bars 100D electrically coupled between busbars 110 and 120. Species 3: [0089], Fig 14A, in this embodiment, a heating panel including a severable link 200 and/or a switching device 215. Further, the distinctions between species would be a serious burden to search currently, and in the future if/when changes are made to either invention’s scope. For example, Species 1 do not require: a heating panel including a plurality of resistive bars 100D electrically coupled between busbars 110 and 120. Species 2 do not require: a heating panel including a severable link 200 and/or a switching device 215. Species 3 do not require: a heating panel including a ground plane 180 extending above the energized components, terminating in contacts 170 and 172. Therefore, the restriction is proper and maintained. The requirement is still deemed proper and is therefore made FINAL. Therefore, the above-mentioned restriction maintained.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant is advised to refer to the Notice of References Cited for pertinent prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUANGYUE CHEN whose telephone number is 571/272-8224. The examiner can normally be reached on M-F 9:00-5:00 EST.
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, supervisor Ibrahime Abraham can be reached on 571/270-5569, supervisor Kosanovic Helena can be reached on 571/272-9059, supervisor Steven Crabb can be reached on 571/270-5095, or supervisor Edward Landrum can be reached on 571/272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571/273-8300.
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/KUANGYUE CHEN/
Examiner, Art Unit 3761
/EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761