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 on 02/17/2026 has been entered. Claims 1-9, 11-15 remain pending in the application. Claims 1-6, 12-13 are withdrawn. Applicant’s amendments to the Specification, Drawings, and Claims have overcome each and every objection and 112(b) rejections previously set forth in the Office Action mailed on 11/17/2025.
Election/Restrictions
Applicant's election with traverse of Group II, claims 7- in the reply filed on 02/17/2026 is acknowledged. The traversal is on the ground(s) that the method and apparatus share substantially identical structural limitations. This is not found persuasive because the inventions are restricted due to the fact that the process as claimed can be practiced by another and materially different apparatus comprising mechanical switches and multimeters as described on page 3 of the office action mailed on 11/17/2025 (MPEP § 806.05(e)). The applicant did not present any argument against this.
The requirement is still deemed proper and is therefore made FINAL.
Claims 1-6, 12-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group I, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 02/17/2026.
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 (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 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.
Claim(s) 7-9, 14-15 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Lamesch et al., US 9656575(hereafter Lamesch).
Regarding claim 7,
A method for carrying out an alternating heating and capacitive measuring mode by a common heating wire, comprising : (Fig. 2)
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Fig. 2 in Lamesch
carrying out a heating mode, during which, due to a switching by a control circuit, a pair of first switching elements and a pair of second switching elements are in a conducting state, (Column 5, lines 22-26 teaches “In heating mode, the heating control unit 2 actuates the switches 3, 4, 5, 6 periodically, normally with a low frequency (e.g. 20 Hz).”)
the first switching elements, the second switching elements, and the heating wire are connected in series, (Annotated Fig. 2)
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Fig. 2 in Lamesch teaches heating mode
and the heating wire is conductively connected, in each case via a first switching element and a second switching element connected via conductor portions to the first switching element, (Annotated Fig. 2)
to one of two different heating potentials, so that the heating wire is supplied with a heating current; (Annotated Fig. 2)
triggering a change into a detecting mode by the control circuit, so that the first switching elements and the second switching elements switch from the heating mode into a measuring mode, during which the first switching elements and the second switching elements are in a blocking state, (Column 5, lines 30-35 teaches “In capacitive sensing mode, the switches 3, 4, 5, 6 are opened, so that the heating element does not heat.”)
so that the two connections of the heating wire with the two different heating potentials, which are electrically conducting in the heating mode, are each interrupted several times in the measuring mode; (Column 5, lines 40-46 teaches “The switches 3 and 4 are mandatory to have no short circuit of the AC voltage source 8 to ground. Then the same electrical potential is on node 20 and 21 and on the seat heater. In other words, the heating element 11 is guarded against the rest of the circuit.”)
carrying out the measuring mode, in which a capacitance of the heating wire relative to a reference potential is determined by a detecting circuit (Column 5, lines 47-56 teaches “The alternative current flowing into the heating element via current measurement unit 9 depends on the capacitance between the heating element 11 and ground. That capacitance, in turn, depends on the occupancy state. Current measurement unit 9 measures the current that flows to ground via the heating element 11. Due to the guard function, no (or at most an insignificant) AC current flows from the heating element 11 to ground across the parasitic capacitances of the switches 3, 4, 5, 6, which would otherwise distort the measurement.”)
by applying to the heating wire an alternating voltage from an AC voltage source; (Column 4, lines 60-64 teaches “The capacitive sensing circuit 104 generates an AC voltage and the current flowing into the heating element in response to the applied AC voltage is measured.”
Column 5, lines 45-50 teaches “The alternative current flowing into the heating element via current measurement unit 9 depends on the capacitance between the heating element 11 and ground.”)
wherein, in the measuring mode, a current curve between the heating wire and the AC voltage source is measured by the detecting circuit, (Current measurement unit 9 in Fig. 2. Column 4, lines 60-64 teaches “The capacitive sensing circuit 104 generates an AC voltage and the current flowing into the heating element in response to the applied AC voltage is measured.”)
in order to determine the capacitance based on a phase shift between the alternating voltage and the current curve,( Column 4, lines 60-64 teaches “The capacitive sensing circuit 104 generates an AC voltage and the current flowing into the heating element in response to the applied AC voltage is measured.”
Column 6, lines 50-60 teaches “ current measuring means AC-coupled between said oscillator and said heating element configured to keep the AC-potential of said heating element equal, or at least substantially equal, in amplitude and phase, to said oscillating voltage and to derive said capacitive load from a current flowing into said heating element”. It is inherent that current flowing through RC circuit has a phase shift with applied alternating voltage. It is implied that capacitive load is measured from this inherent phase shift.)
wherein the current curve results from the applied alternating voltage. (Annotated Fig. 2. Column 4, lines 60-64 teaches “The capacitive sensing circuit 104 generates an AC voltage and the current flowing into the heating element in response to the applied AC voltage is measured.”)
Regarding claim 8, Column 8, lines 38-46 teaches “The parts 10, 15, 16 as capacitors have a low impedance at the signal frequency and as switches are they are closed in capacitive sensing mode. So the same AC voltage is on the input and output side of the switches 5 and 6. The switches 3 and 4 are mandatory to have no short circuit of the AC voltage source 8 to ground. Then the same electrical potential is on node 20 and 21 and on the seat heater. In other words, the heating element 11 is guarded against the rest of the circuit.”
Regarding claim 9,
The method according to claim 7, wherein the first switching elements are transistors, (Column 3, lines 43-45 teaches “The first, second, third and fourth switches are preferably field-effect transistors (e.g. MOSFETS).”)
and in the measuring mode, the alternating voltage is applied in each case to a control terminal of the transistors. (Fig. 4)
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Fig. 4 in Lamesch
Regarding claim 14, Column 3, lines 43-45 teaches “The first, second, third and fourth switches are preferably field-effect transistors (e.g. MOSFETS).”
Regarding claim 15, Column 3, lines 43-45 teaches “The first, second, third and fourth switches are preferably field-effect transistors (e.g. MOSFETS).” It is inherent that control terminal of a MOSFET is the gate terminal.
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.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lamesch as applied to claim 7 above, and further in view of Koch et al., US 7521940 (hereafter Koch).
The method according to claim 7, wherein a temperature-dependent blocking behavior of the first switching elements is compensated in the measuring mode. (Column 1, lines 47-53 in Koch teaches “the sensor includes a reference circuit for measuring the effects of temperature on the sensing signal and outputting a reference sensing measurement that can be used to adjust the sensing signal.”)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add the reference circuit as taught in Koch to the method in Lamesch. One of ordinary skill in the art would have been motivated to do so because “There will be some drift of the capacitive sensing system 1 due to temperature effects on the diode reverse leakage currents” as taught in column 2, lines 60-65 in Koch.
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 7-11, 14-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8, 10-13, 16-17 of U.S. Patent No. 12384441 (hereafter ‘441). Although the claims at issue are not identical, they are not patentably distinct from each other as discussed in Table 1.
Table 1
Instant claim 7 (09/20/2022)
Reference claim 12 (‘441)
A method for carrying out an alternating heating and capacitive measuring mode by means of a common heating wire, comprising the following steps:
A method for carrying out an alternating heating and capacitive measuring mode by means of a common heating wire, comprising the following steps:
carrying out a heating mode, during which, due to a switching by a control circuit, a pair of first switching elements and a pair of second switching elements are in a conducting state,
carrying out a heating mode, during which, due to a switching by a control circuit, a pair of first switching elements and a pair of second switching elements are in a conducting state,
the first switching elements, the second switching elements, and the heating wire are connected in series, and the heating wire is conductively connected,
the first switching elements and the second switching elements and the heating wire are connected in series, and the heating wire is conductively connected,
in each case via a first switching element and a second switching element connected via conductor portions to the first switching element, to one of two different heating potentials, so that the heating wire is supplied with a heating current;
in each case via a one of the first switching elements and a one of the second switching elements which are connected via a conductor portion to the first switching element, to one of two different heating potentials, so that the heating wire is supplied with a heating current;
triggering a change into a detecting mode by the control circuit, so that the first switching elements and the second switching elements switch from the heating mode into a measuring mode,
triggering a switchover from the heating mode into a measuring mode of the first switching elements and the second switching elements by the control circuit,
during which the first switching elements and the second switching elements are in a blocking state, so that the two connections of the heating wire with the two different heating potentials, which are electrically conducting in the heating mode, are each interrupted several times in the measuring mode;
wherein the first switching elements and the second switching elements are in a blocking state during the measuring mode, so that two connections of the heating wire with the two different heating potentials, which are electrically conducting in the heating mode, are each interrupted several times in the measuring mode;
carrying out the measuring mode, in which a capacitance of the heating wire relative to a reference potential is determined by a detecting circuit by applying to the heating wire an alternating voltage from an AC voltage source;
carrying out the measuring mode, in which the measuring capacitance of the heating wire relative to a reference potential is determined by a detecting circuit by applying to the heating wire an alternating voltage from an AC voltage source;
wherein, in the measuring mode, a current curve between the heating wire and the AC voltage source is measured by the detecting circuit, in order to determine the capacitance based on a phase shift between the alternating voltage and the current curve, wherein the current curve results from the applied alternating voltage.
in the measuring mode, a current curve between the heating wire and the AC voltage source resulting from the application of the alternating voltage is measured by the detecting circuit, in order to detect, based on a phase shift between the alternating voltage and the current curve, the measuring capacitance and, in the testing phase, the change in measuring capacitance and/or to determine the total impedance.
Instant claim 8 is met by claim 10 of ‘441.
Instant claim 9 is met by claim 11 of ‘441.
Instant claim 11 is met by claim 13 of ‘441.
Instant claim 14 is met by claim 16 of ‘441.
Instant claim 15 is met by claim 17 of ‘441.
Response to Arguments
Applicant’s arguments filed on 02/17/2026 with respect to claim(s) 7-9, 11, 14-15 have been considered but are not persuasive.
Applicant stated on page 1 of the remarks that
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However, the Examiner did not find any terminal disclaimer paper work. The double patenting rejection is maintained.
The applicant argued on pages 4-5 that Lamesch does not teach determining capacitance based on phase shift between applied alternating voltage and measured current. It seems that the applicant’s interpretation of Lamesch is that Lamesch does not explicitly cite “phase shift”, so Lamesch does not teach measuring capacitance from phase shift. However, column 1, lines 25-32 in Lamesch teaches “the measurement circuit determines the current flowing into the one or more antenna electrodes in response to an oscillating voltage being applied to them. The relationship of voltage to current yields the complex impedance of the one or more antenna electrodes.” Here relationship of voltage to current comprises phase shift between voltage and current, and complex impedance corresponds to capacitance. It is inherent that the current flowing through a capacitive circuit depends on the phase difference between voltage and current wherein capacitance is calculated from voltage and current. Thus, Lamesch teaches calculating capacitance based on phase shift between applied voltage and measured current.
Applicant's arguments on page 5 fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
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.
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/FAHMIDA FERDOUSI/
Examiner, Art Unit 3761
Prosecution Insights