DETAILED ACTION
2nd Non-Final Rejection
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 Arguments
Applicant’s arguments, see remarks, filed 10/27/2025, with respect to the rejection(s) of claim(s) 7-12 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Fabick (US 64311629 B1).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 13-20 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Applicants amended claim 13 to include “a plurality of heating elements, which are securely positioned below the truck bed liner in shaped recesses.” It is unclear what applicants are referring to when citing “the shaped recesses.” The figures do not show a bed liner with recesses, rather it shows flat bed liner with embedded heating elements, Fig. 10 and Fig. 12. A search of the specification also does not reveal any information that one of ordinary skill in the art would be able to understand as “shaped recesses.”
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) 7-15 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oskwarek (US 20200023816 A1) in view of Sundby (US 5998770 A) and Fabick (US 20050136221 A1).
Claim 7. Oskwarek discloses an apparatus for melting snow from an exterior-facing portion of a thermally- conductive truck (apparatus for melting snow from an exterior portion of a truck, par. 25)
an ambient temperature sensor (130, Fig. 1);
a precipitation sensor (120, Fig. 1);
a surface temperature sensor (125, Fig. 1);
a plurality of heating elements (heating elements secured within the vehicle’s exterior, par. 25)
a programmable controller configured to activate and deactivate the plurality of heating elements, the programmable controller comprising (controller to activate and deactivate heater, claim 1):
a memory unit to store a set of program modules and a cut-off surface temperature (memory unit to store cut off surface temperature, claim 1), and
a processor (processor, claim 1) to execute the set of program modules, wherein the set of program modules comprises:
an input module (input module, claim 1), executed by the processor, configured to:
receive information via the ambient temperature sensor regarding an ambient temperature outside the vehicle (receive information regarding an ambient temperature outside the vehicle via the ambient temperature sensor, claim 1),
receive information via the precipitation sensor regarding one of the presence and absence of precipitation outside the vehicle (receive information regarding one of presence and absence of precipitation outside the vehicle, via the precipitation sensor, claim 1), and
receive information via the surface temperature sensor regarding a surface temperature on the exterior-facing portion of the vehicle (receive information regarding a surface temperature on an exterior portion of the vehicle via the surface temperature sensor, claim 1); and
a heater control module (heater control module, claim 1), executed by the processor, configured to:
deactivate the plurality of heating elements based on the surface temperature being greater than the cut-off surface temperature (deactivate the heater based on the surface temperature being greater than the cut off surface temperature, claim 1), and
activate the plurality of heat elements based on the ambient temperature being lower than a freezing point of water and the presence of precipitation outside the vehicle, thereby melting snow and/or ice on the exterior- facing portion of the
Oskwarek does not disclose using the heating apparatus for the truck bed liner wherein the heating elements are below the truck bed liner.
Sundby discloses a heated automotive bed liner for trucks (Fig. 4) wherein the heating elements (20, Fig. 2) are embedded within a liner.
Fabick discloses a truck bedliner wherein the liner 16 has an additional anti-slip layer 14 on top (Fig. 2).
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 Oskwarek to incorporate the teachings of Sundby and Fabick and use the heating mat for a truck bed liner and have an additional anti-slip layer on top of Sunby’s liner. Doing so would have of preventing truck equipment and goods from freezing (col 1 lines 15-25, Sundby) and resist cargo from shifting during transport (par. 38, Fabick).
The combination now reads on “heating elements are below the truck bed liner” since the anti-slip layer can be considered as a liner.
Claims 8 and 14. Oskwarek in view of Sundby and Fabick discloses the apparatus of claim 1, further comprising an insulating material positioned between the truck bed and the truck bed liner to minimize heat transfer to the truck bed (layer of insulation between heater and cargo bay side of the vehicle, par. 40).
Claim 9. Oskwarek in view of Sundby and Fabick discloses the apparatus of claim 7, wherein the plurality of heating elements is a separate assembly (separate assembly, Fig. 1, Sundby), the separate assembly when activated conductively transferring heat to the exterior-facing portion of the thermally-conductive truck bed liner (claim 2).
Claims 10 and 17. Oskwarek in view of Sundby and Fabick discloses the apparatus of claim 1, wherein the electric power source is at least one of an alternator, an onboard power system, and a remote electric power source (power source can be an alternator, claim 1).
Claims 11 and 18. Oskwarek in view of Sundby and Fabick discloses the apparatus of claim 4, wherein the onboard power system comprises at least one of an onboard battery and a supercapacitor (claim 4).
Claims 12 and 19. Oskwarek in view of Sundby and Fabick discloses the apparatus of claim 1, wherein the truck bed is at least one of a pick-up truck bed, a flat truck bed, a semi-trailer truck bed, an open-cargo truck bed and a rail- car bed (the apparatus is capable of being used in a pick-up truck, Fig. 1, Sundby).
Claim 13. Oskwarek discloses a method of melting snow from exterior-facing portion (apparatus for melting snow from an exterior portion of a truck, par. 25)
storing in a memory unit a cut off surface temperature and a set of program modules (memory unit to store cut off surface temperature, claim 1);
receiving, by a processor executing an input module, information regarding an ambient temperature outside the vehicle, from an ambient temperature sensor (receive information regarding an ambient temperature outside the vehicle via the ambient temperature sensor, claim 1);
receiving, by the processor executing the input module, information regarding one of presence and absence of precipitation outside the vehicle, from the precipitation sensor (receive information regarding one of presence and absence of precipitation outside the vehicle, via the precipitation sensor, claim 1);
receiving, by the processor executing the input module (claim 1),
information regarding a surface temperature on an exterior portion of the vehicle, from the surface temperature sensor (receive information regarding a surface temperature on an exterior portion of the vehicle via the surface temperature sensor, claim 1);
deactivating a plurality of heating elements,
activating the plurality of heating elements,
wherein when activated the plurality of heating elements conductively transfers heat to the exterior-facing portion of the thermally-conductive truck bed liner thereby melting the snow and/or ice from the exterior-facing portion of the truck bed liner (activate the heater based on: the ambient temperature being lower than a freezing point of water, and precipitation outside the vehicle being present, thereby melting snow and/or ice on the vehicle roof, claim 1).
Oskwarek does not disclose using the heating apparatus for the truck bed liner wherein the heating elements are securely positioned below the truck bed liner in shaped recesses.
Sundby discloses a heated automotive bed liner for trucks (Fig. 4) wherein the heating elements (20, Fig. 2) are embedded within a liner.
Fabick discloses a truck bedliner wherein the liner 16 has an additional anti-slip layer 14 on top (Fig. 2).
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 Oskwarek to incorporate the teachings of Sundby and Fabick and use the heating mat for a truck bed liner and have an additional anti-slip layer on top of Sunby’s liner. Doing so would have of preventing truck equipment and goods from freezing (col 1 lines 15-25, Sundby) and resist cargo from shifting during transport (par. 38, Fabick).
The combination now reads on “heating elements are below the truck bed liner” since the anti-slip layer can be considered as a liner.
Merriam-Webster definition of recess is an indentation. Therefore the broadest reasonable interpretation of “heating elements are securely positioned below the truck bed liner in shaped recesses” includes the heating elements in the indented portions of the liner, i.e. grooved areas of the liner. The combination of coating Sunby’s liner with the anti-slip/textured layer of Fabick results in the heating elements 20 (Sunby, Fig. 2) being within the “recessed portion” or grooved portions of the anti-slip liner of Fabick.
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Claim 15. Oskwarek in view of Sundby discloses the method of claim 13, wherein the plurality of heating elements are embedded within the truck bed liner (heating elements are embedded within the liner, Fig. 2, Sundby).
Claim 20. Oskwarek in view of Sundby discloses the method of claim 14, wherein the plurality of heating elements is disposed between the thermally conductive truck bed liner and the insulating material (layer of insulation between heater and surface of the vehicle, par. 40).
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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/SIMPSON A CHEN/Examiner, Art Unit 3761
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761