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
Applicant’s election of Group II and species 9 (Fig. 9C) which is drawn to claims 9-12 is acknowledged. Claims 1-8 and 13-20 are canceled. Election was made in the reply filed on 05/04/2026.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 05/19/2026 and 10/06/2022. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 9-10 and 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 18-19 of US patent 11039505 B1 (hereby “Parker”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter of the present applicant and that of the claims of the US patent 11039505 B1 are substantially the same and the claimed subject matter of the present application would have been obvious to one of ordinary skill in the art based on the claimed subject matter of the claims of the US patent 11039505 B1.
Regarding independent claim 9, Parker discloses, a transparent or mirrored heated material of non-uniform width that minimizes the presence of hot spots across a surface of the material (see claim 18 “A system for providing heating across a transparent or mirrored surface of non-uniform width”) comprising:
a substrate layer defining the shape of the surface (see claim 18 “a base substrate defining a shape of the surface”);
a conductive film layered over the substrate layer (see claim 18 “a thin conductive material applied to the base substrate”); and
two busbars (see claim 18 “busbars applied to the thin conductive material”) where a first busbar is positioned at a top outer edge of the surface (see claim 18 “a first busbar of the busbars is applied to or next to a first edge of the surface”) and the second busbar is positioned at a bottom outer edge of the surface (see claim 18 “a second busbar of the busbars is applied to or next to a second edge of the surface opposite the first edge”),
wherein sheet resistivity of the conductive film varies as a function of a distance defined by a linear path between the two busbars, wherein the sheet resistivity increases as the distance defined by a linear path between the two busbars decreases in order to improve uniform heating across the surface (see claim 18 “where L.sub.1 is a first linear path across the surfaces between busbars, L.sub.1 being the longest vertical path between busbars when busbars are located along a top edge and a bottom edge of the surface, L.sub.2 is any second linear path across the surface between busbars, L.sub.2 being shorter than and parallel to L.sub.1, and W is the width of a busbar contact region, and wherein contact between the conductive film and the busbars is continuous except where a dielectric coating underneath the busbars prevents electrical contact between the busbars and the conductive film”) .
Regarding claim 10, Parker discloses, the material as defined in claim 9, wherein the sheet resistivity is increased by providing voids or holes in the conductive film, and wherein at least one of the number and density of the voids and holes increases as the distance defined by a linear path between the two busbars decreases (see claim 18 “at least one of holes, voids, and dots applied to the thin conductive material to alter resistivity across a surface defined by the thin conductive material, wherein more of the at least one of holes, voids, and dots are present when the busbars are closer together than when the busbars are farther apart”).
Regarding claim 12, Parker discloses, the heated goggles comprising a lens (see claim 19 “heated lens”) composed of the material as defined in of claim 9 (see claim 9 cited above).
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.
Claims 9, and 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated over Park (US 5806102 A).
Regarding independent claim 9, Park discloses, a transparent or mirrored heated material of non-uniform width that minimizes the presence of hot spots across a surface of the material (see Figs. 4-5) comprising:
a substrate layer (see weather lens 100 in Figs. 4-5) defining the shape of the surface (see Fig. 5);
a conductive film (see electroconductive 110 in Fig. 4) layered over the substrate layer (see Fig. 4); and
two busbars (see upper and lower electrodes 120 and 130 in Figs. 4-5), where a first busbar (upper electrode 120) is positioned at a top outer edge of the surface (see Figs. 4-5) and the second busbar (lower electrode 130) is positioned at a bottom outer edge of the surface (see Figs. 4-5),
wherein sheet resistivity of the conductive film (110) varies as a function of a distance defined by a linear path between the two busbars (see Fig. 5), wherein the sheet resistivity increases as the distance defined by a linear path between the two busbars(120, 130) decreases in order to improve uniform heating across the surface (see Fig. 5 and disclosed in Col. 3 lines 60-63 “The dot electrodes 140 is used for improving the conductivity of the electroconductive film 110, and is thereby employed to generate the uniform heat in the entire part thereof”) .
Regarding claim 11, Park discloses, the material as defined in claim 9, wherein the sheet resistivity is decreased by providing conductive dots (see dot electrodes 140 in Figs. 4-5) in the conductive film (110), and wherein at least one of the number and density of the dots increases as the distance defined by a linear path between the two busbars increases (see annotated Fig. 5, wherein L2 is longer than L1, and L2 has more dots 140 than L1).
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Regarding claim 12, Park discloses, heated goggles (see face shield in Fig. 5) comprising a lens (see weather lens 100 in Figs. 4-5) composed of the material as defined in claim 9 (see claim 9 cited above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VY T NGUYEN whose telephone number is (571) 272-6015. The examiner can normally be reached Monday-Friday approx. 9:00 am-5:00 pm ET.
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/VY T NGUYEN/Examiner, Art Unit 3761
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