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 .
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.
Drawings
Amendments to the Drawings filed 29 January 2026 are accepted and entered.
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.
Claim 6 is 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.
Regarding claim 6, the recitation of “the conductive microfilm has a honey-comb pattern having a plurality of insulative air-pockets configured to reduce the transfer of heat to a floor or the ground” is considered new matter because the only mention of honeycomb structure with air-pockets relates to the lower support pad (p.21) rather than the conductive microfilm.
Claim Rejections - 35 USC § 103
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.
Claims 1-5, 8, 10-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim KR200324734Y1 in view of Chen 20230050236 and Zuckerman WO2012101362A1.
Regarding Claim 1, Kim teaches a heating mat system (Figs 1-4), comprising:
a heating layer (10);
the heating layer having a conductive microfilm (4);
the conductive microfilm having a generally planar shape extending between a front edge, a rear edge, and opposing side edges (Fig 2);
wherein the conductive microfilm includes a layer of carbon ([27]);
a first electrical contact (one of 3’s in Fig 3) connected to the conductive microfilm (Fig 3);
a second electrical contact (other of 3’s in Fig 3) connected to the conductive microfilm (Fig 3);
an upper support pad (20, 40, 50 on a first side of 10; i.e. where animal lies);
a lower support pad (30, 40, 50, on a second side of 10; i.e. facing the floor);
wherein the heating layer is positioned between the upper support pad and the lower support pad (Figs 1-4);
wherein application of a voltage difference between the first electrical contact and the second electrical contact causes current to flow through the conductive microfilm, thereby generating heat ([35-36]).
Kim does not teach the carbon film being specifically graphene; the upper support pad including a main body, sidewalls that extend downward from edges of the main body, and an upper flange that extends outward from the sidewalls; the lower support pad including a lower flange; wherein the flange of the upper support pad is connected to the flange of the lower support pad to encase and seal the heating layer between the upper support pad and the lower support pad.
However, Chen teaches a heating mat system (Fig 1), comprising:
a heating layer (incl.2);
the heating layer having a conductive microfilm (2);
the conductive microfilm having a generally planar shape extending between a front edge, a rear edge, and opposing side edges (Figs 1-4);
wherein the conductive microfilm includes a layer of material including any one or more of graphene, carbon black, carbon nano-tubes, nano graphite powder, nano metal powder, and/or nano metal wire ([0054]);
a first electrical contact (one of the 5’s in Fig 1) connected to the conductive microfilm (Fig 1);
a second electrical contact (other of the 5’s in Fig 1) connected to the conductive microfilm (Fig 1);
wherein the heating layer is positioned between other substrates/supporting materials (Fig 1);
wherein application of a voltage difference between the first electrical contact and the second electrical contact causes current to flow through the conductive microfilm, thereby generating heat ([0129]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plain carbon film of Kim to use graphene film as taught by Chen, because Chen teach graphene being one of several carbon film options that can be used for electrical mat heating films ([0054]). See also, MPEP2144.06(II) providing it was an obvious extension of prior art teachings to substitute equivalents known for the same purpose in the prior art (i.e. substituting graphene film for carbon film in an electric heating mat device, Chen [0054]); and MPEP2144.07 teaching that selection of a known material based on its suitability for its intended use in the prior art was an obvious extension of prior art teachings (i.e. selecting graphene for the conductive film of an electric heating mat device, Chen [0054]).
Kim in view of Chen still does not teach the upper support pad including a main body, sidewalls that extend downward from edges of the main body, and an upper flange that extends outward from the sidewalls; the lower support pad including a lower flange; wherein the flange of the upper support pad is connected to the flange of the lower support pad to encase and seal the heating layer between the upper support pad and the lower support pad; wherein the heating layer is positioned between the upper support pad and the lower support pad.
However, Zuckerman teaches a heating mat system (Figs 1, 10, 12-13), comprising:
a heating layer (incl.3);
an upper support pad (6) including a main body (forming 6a), sidewalls (10aa) that extend downward from edges (8) of the main body (Figs 10, 12-13), and an upper flange (incl. rest of 10 and 10ab) that extends outward from the sidewalls (Figs 10, 12-13);
a lower support pad (12) including a lower flange (any of 12cb, 12fa-fb);
wherein the flange of the upper support pad is connected to the flange of the lower support pad to encase and seal the heating layer between the upper support pad and the lower support pad (Figs 10, 12-13):
and wherein the heating layer is positioned between the upper support pad and the lower support pad (Figs 10, 12-13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chen to further include the upper and lower support pads of Zuckerman, in order to render the system waterproof and resistant to external stress ([0001, 6, 0022]).
Regarding claim 2, Kim in view of Chen and Zuckerman teaches all the limitations of the claimed invention as discussed above (including the carbon film being a graphene film). Kim further teaches the conductive microfilm includes a plurality of layers of graphene (Fig 3).
Regarding claim 3, Kim in view of Chen and Zuckerman teaches all the limitations of the claimed invention as discussed above (including the carbon film being a graphene film).
Kim in view of Chen and Zuckerman as discussed so far, does not teach the conductive microfilm includes a stack of eight layers of graphene.
However, Chen further teaches the conductive microfilm may comprise a multi-layer structure ([0056]), with the overall thickness of the film being 20-400μm ([0007]). Thus, when using multi-layer structure, Chen teaches at least a range of 1-20 layers based on minimum and maximum layer thickness. Chen further teaches other preferable ranges including 30-390, 40-380, and 50-370μm, which by same rationale teaches 1-13, 1-9, and 1-7 layers ([0060]). The prior art number of layers overlapping with the claimed range, teaches the claimed range.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heating mat of Kim in view of Chen and Zuckerman to include an 8-layer heating layer as taught by Kim, because Kim teaches multi-layer and single layer structures as substitutional equivalents (Chen, [0056]).
Regarding claim 4, Kim in view of Chen and Zuckerman teaches all the limitations of the claimed invention as discussed above. Kim in view of Chen and Zuckerman as discussed so far, does not teach the conductive microfilm includes a carbon silver nanomaterial mixture.
However, Chen teaches the conductive microfilm includes a layer of material including any one or more of graphene, carbon black, carbon nano-tubes, nano graphite powder, nano metal powder, and/or nano metal wire, wherein the nano metal powder may be nano silver powder ([0054]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the film of Kim in view of Chen and Zuckerman to use graphene film as taught by Chen, because Chen teaches graphene and carbon-silver nanomaterial mixtures as being substitutionally equivalent carbon film options that can be used for electrical mat heating ([0054]). See also, MPEP2144.06(II) providing it was an obvious extension of prior art teachings to substitute equivalents known for the same purpose in the prior art (i.e. substituting carbon-silver nanomaterial mixture film for carbon film in an electric heating mat device, Chen [0054]); and MPEP2144.07 teaching that selection of a known material based on its suitability for its intended use in the prior art was an obvious extension of prior art teachings (i.e. selecting carbon-silver nanomaterial mixture for the conductive film of an electric heating mat device, Chen [0054]).
Regarding claim 5, Kim in view of Chen and Zuckerman teaches all the limitations of the claimed invention as discussed above. Kim in view of Chen and Zuckerman as discussed so far, does not teach the conductive microfilm has a non-continuous pattern.
However, Chen teaches the conductive microfilm has a non-continuous pattern (Figs 1-4), which facilitates uniform generation of heat ([0026]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the conductive layer of Kim in view of Chen and Zuckerman to use a non-continuous pattern as taught by Chen to facilitate uniform distribution of heat (Chen [0026]).
Regarding claim 8, Kim in view of Chen and Zuckerman teaches all the limitations of the claimed invention as discussed above (including the carbon film being a graphene film). Kim in view of Chen and Zuckerman as discussed so far, does not explicitly teach the layer of graphene distributes heat to portions of the layer of graphene where less current flows to provide even heat distribution.
However, Chen further teaches the layer of graphene being arranged in a honeycomb pattern ([0055]; similar to Applicant’s disclosed invention) for uniform heat distribution ([0026]).
And per MPEP2112.01(I), where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In this case, prior art heating layers (of both Chen, and Kim in view of Chen and Zuckerman) are substantially identical in structure to both the claimed and disclosed structure. To the extent that Applicant claims Applicants structure is capable of preforming the claimed function of distributing heat to portions of the layer of graphene where less current flows to provide even heat distribution, the prior art structure are capable of the same.
Regarding claim 10, Kim in view of Chen and Zuckerman teaches all the limitations of the claimed invention as discussed above. Kim further teaches the heating layer includes an upper substrate layer (top layer 2) and a lower substrate layer (bottom layer 2);
wherein the conductive microfilm is positioned between the upper substrate layer and the lower substrate layer (Fig 3);
wherein the upper substrate layer and the lower substate layer are a plastic film ([0029]).
Regarding claim 11, Kim in view of Chen and Zuckerman teaches all the limitations of the claimed invention as discussed above. Kim further teaches the lower support pad includes an insulated portion (30; [26]).
Regarding claim 12, Kim in view of Chen and Zuckerman teaches all the limitations of the claimed invention as discussed above. Kim further teaches the lower support pad includes a heat reflector ([38]).
Regarding claim 13, Kim in view of Chen and Zuckerman teaches all the limitations of the claimed invention as discussed above. Kim further teaches the current that flows through the conductive microfilm causes the conductive microfilm to emit infrared radiation ([34]).
Regarding claim 14, Kim in view of Chen and Zuckerman teaches all the limitations of the claimed invention as discussed above. Kim further teaches the current that flows through the conductive microfilm causes the conductive microfilm to emit infrared radiation ([34]); and
wherein the upper support pad includes a material configured to absorb the infrared radiation ([34] at least cork absorbs IR).
Regarding claim 15, Kim in view of Chen and Zuckerman teaches all the limitations of the claimed invention as discussed above. Kim in view of Chen and Zuckerman as discussed so far, does not teach the upper surface of the upper support pad has a grip pad.
However, Zuckerman teaches forming an upper surface (6a) of an upper support pad (10b) of a heating mat with grip ([0045, 0107] elastomeric and anti-slip reliefs).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outer surface of the system of Kim in view of Chen and Zuckerman to use anti-slip reliefs for grip as taught by Zuckerman, in order to enable animals walking on it and to provide resistance to damage/stress and water (Zuckerman, [0001,4,0045, 0107,109]).
Regarding claim 16, Kim in view of Chen and Zuckerman teaches all the limitations of the claimed invention as discussed above. Kim in view of Chen and Zuckerman as discussed so far, does not teach the lower surface of the lower support pad has a grip pad.
However, Zuckerman teaches forming an upper surface (6a) of an upper support pad (10b) of a heating mat with grip ([0045, 0107] elastomeric and anti-slip reliefs), wherein the low surface (7a) of a lower support pad (10d) of the heating mat may be the same material as the upper surface of the upper support pad (Figs 3, 7) and comprise stiffening reliefs ([0122]), and thus have grip.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outer surface of the system of Kim in view of Chen and Zuckerman to use anti-slip reliefs for grip as taught by Zuckerman, in order to enable animals walking on it and to provide resistance to damage/stress and water (Zuckerman, [0001,4,0045, 0107,109, 122]).
Regarding claim 17, Kim in view of Chen and Zuckerman teaches all the limitations of the claimed invention as discussed above. Kim in view of Chen and Zuckerman as discussed so far, does not teach the upper support pad has a textured upper surface.
However, Zuckerman teaches forming an upper surface (6a) of an upper support pad (10) of a heating mat with texture ([0045, 0107] elastomeric and anti-slip reliefs).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outer surface of the system of Kim in view of Chen and Zuckerman to use anti-slip reliefs for grip as taught by Zuckerman, in order to enable animals walking on it and to provide resistance to damage/stress and water (Zuckerman, [0001,4,0045, 0107,109]).
Regarding claim 18, Kim in view of Chen and Zuckerman teaches all the limitations of the claimed invention as discussed above. Kim in view of Chen and Zuckerman as discussed so far, does not teach the lower support pad has a textured lower surface.
However, Zuckerman teaches forming an upper surface (6a) of an upper support pad (10b) of a heating mat with texture ([0045, 0107] elastomeric and anti-slip reliefs), wherein the lower surface (7a) of a lower support pad (10d) of the heating mat may be the same material as the upper surface of the upper support pad (Figs 3, 7) and include reliefs ([0122]), and thus have texture.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outer surface of the system of Kim in view of Chen and Zuckerman to use anti-slip reliefs for grip as taught by Zuckerman, in order to enable animals walking on it and to provide resistance to damage/stress and water (Zuckerman, [0001,4,0045, 0107,109]).
Claim 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Chen and Zuckerman, in further view of Li1.
1 Guanghao Li et al., Graphene based self-healing materials, February 2019, Carbon 146 (2019) pp.371-387 retrieved via Elsevier, https://doi.org/10.1016/j.carbon.2019.02.011
Regarding claim 7, Kim in view of Chen and Zuckerman teaches all the limitations of the claimed invention as discussed above. Kim in view of Chen and Zuckerman does not explicitly teach the conductive microfilm is self-healing.
However, Chen further teaches the microfilm comprising graphene and polymer materials ([0054]).
And, Li teaches graphene-polymer materials having self-healing properties (Fig 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the film of Kim in view of Chen and Zuckerman is self-healing or could be made self-healing as taught by Li, in order to extend lifespan, improve security, save cost, and achieve sustainable development (Li, Abstract).
Claim 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim KR200324734Y1 in view of Chen 20230050236 and Zuckerman WO2012101362A1, and further in view of Kim KR200337775Y1 (hereinafter Kim7775).
Regarding claim 9, Kim in view of Chen and Zuckerman teaches all the limitations of the claimed invention as discussed above. Kim further teaches the heating layer includes an upper substrate layer (top layer 2) and a lower substrate layer (bottom layer 2);
wherein the conductive microfilm is positioned between the upper substrate layer and the lower substrate layer (Fig 3), and
wherein the upper substrate layer and the lower substrate layer are a plastic film ([0029]).
Kim in view of Chen and Zuckerman does not teach the substrate layers being formed of a fiberglass resin backing.
However, Kim7775 teaches fiberglass resin backing and plastic film backing as substitutional equivalents (20a; [0035, 40, 42]) for waterproofing a heating layer (10) of a heating system (Fig 1; Title, Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heating layer of Kim in view of Chen and Zuckerman to use the glass reinforced fiber in place of the plastic film backings as taught by Kim7775 because Kim7775 teaches their substitutional equivalence for waterproofing the heating layer ([0040, 42]).
Claims 19-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim KR200324734Y1 in view of Chen 20230050236, Zuckerman WO2012101362A1, Maaren WO2007071438A1 and Impact Plastics (Learn More About Your Packaging Materials: 7 Facts About TPO Plastic, 21 July 2017, https://blog.impactplastics.co/blog/learn-more-about-your-plastic-sheet-7-facts-about-thermoplastic-olefin-tpo).
Regarding claim 19, Kim teaches a livestock heating method ([1]), comprising:
providing a heating mat (Figs 1-4) having a heating layer (10) positioned between an upper support pad (20, 40, 50 on a first side of 10; i.e. where animal lies) and a lower support pad (30, 40, 50 on a second side of 10; i.e. facing the floor);
the heating layer including a conductive microfilm (4);
the conductive microfilm having a generally planar shape extending between a front edge, a rear edge, and opposing side edges (Fig 2);
wherein the conductive microfilm includes a layer of carbon ([27]);
wherein the heating mat includes a first electrical contact (one of 3’s in Fig 3) connected to the conductive microfilm (Fig 3);
wherein the heating mat includes a second electrical contact (other of 3’s in Fig 3) connected to the conductive microfilm (Fig 3);
generating heat by applying a voltage difference between the first electrical contact and the second electrical contact to induce electric current to flow through the conductive microfilm, thereby generating heat ([35-36]).
Kim does not teach the carbon film being specifically graphene; the upper support pad and the lower support pad are each formed of a hard or rigid material selected from thermoplastic polyolefin, metal, or composite material to provide a strong, durable mat that can handle daily use and abuse without significant wear or damage to the heating layer.
However, Chen teaches heating method (Title, Abstract) comprising:
providing a heating mat (Fig 1) having a heating layer (incl.2);
the heating layer including a conductive microfilm (2);
the conductive microfilm having a generally planar shape extending between a front edge, a rear edge, and opposing side edges (Figs 1-4);
wherein the conductive microfilm includes a layer of material including any one or more of graphene, carbon black, carbon nano-tubes, nano graphite powder, nano metal powder, and/or nano metal wire ([0054]);
wherein the heating mat includes a first electrical contact (one of the 5’s in Fig 1) connected to the conductive microfilm (Fig 1);
wherein the heating mat includes a second electrical contact (other of the 5’s in Fig 1) connected to the conductive microfilm (Fig 1);
wherein the heating layer is positioned between other substrates/supporting materials (Fig 1);
generating heat by applying a voltage difference between the first electrical contact and the second electrical contact to induce electric current to flow through the conductive microfilm, thereby generating heat ([0129]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plain carbon film of Kim to use graphene film as taught by Chen, because Chen teach graphene being one of several carbon film options that can be used for electrical mat heating films ([0054]). See also, MPEP2144.06(II) providing it was an obvious extension of prior art teachings to substitute equivalents known for the same purpose in the prior art (i.e. substituting graphene film for carbon film in an electric heating mat device, Chen [0054]); and MPEP2144.07 teaching that selection of a known material based on its suitability for its intended use in the prior art was an obvious extension of prior art teachings (i.e. selecting graphene for the conductive film of an electric heating mat device, Chen [0054]).
Kim in view of Chen still does not teach the upper support pad and the lower support pad are each formed of a hard or rigid material selected from thermoplastic polyolefin, metal, or composite material to provide a strong, durable mat that can handle daily use and abuse without significant wear or damage to the heating layer.
However, Zuckerman teaches a livestock heating method ([0001, 4, 0022]), comprising:
providing a heating mat (Figs 1, 10, 12-13) having a heating layer (incl.3) positioned between an upper support pad (10, 6) and a lower support pad (12);
wherein the upper support pad and the lower support pad are each formed of a hard or rigid material ([0047, 0138-139] 10, 6 having hardness up to 85 on SHORE A scale, and 12 being a stiffening means);
wherein the upper and lower support pad material is selected from thermoplastic polyolefin, metal, or composite material ([0138-139] describes: the upper support pad material is “made either of or based on an elastomer of the polyurethane elastomer type or of or based on recycled material of appropriate hardness” - emphasis added - thus teaching a composite material; and the lower support pad material includes metal or thermoplastic composite materials),
all to provide a strong, durable mat that can handle daily use and abuse without significant wear or damage to the heating layer ([0022, 0138-139]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chen to further include the upper and lower support pads of Zuckerman, in order to render the system waterproof and resistant to external stress ([0001, 6, 0022]).
Additionally, Maaren teaches thermoplastic polyolefins (TPOs) of 40-90 Shore A hardness may be used for the top layer/surface of livestock mats.
And Impact Plastics teaches TPOs are a 100% recyclable material (p.2, item 7.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the upper support pad of Kim in view of Chen and Zuckerman to be made of recycled TPO because Maaren teaches TPO has the appropriate level of Shore A hardness required by Zuckerman and Impact Plastics teaches TPOs are recyclable, thus satisfying the material requirements of Zuckerman. Furthermore, MPEP2144.07 teaches the selection of a known material (recyclable TPO plastics of 40-90 Shore A hardness per Maaren and Impact Plastics) based on its suitability for its intended use (as the upper support pad for animal heating mats as taught by Zuckerman and Maaren) supports a prima facie obviousness determination.
Regarding claim 20, Kim in view of Chen, Zuckerman, Maaren, and Impact Plastics teaches all the limitations of the claimed invention as discussed above (incl. the carbon film being a graphene film). Kim further teaches the conductive microfilm includes one or more layers of carbon (two layers depicted in Fig 3) laminated between sheets of plastic ([0029]).
Regarding claim 21, Kim in view of Chen, Zuckerman, Maaren, and Impact Plastics teaches all the limitations of the claimed invention as discussed above. Kim further teaches the heating layer includes an upper substrate layer (top layer 2) and a lower substrate layer (bottom layer 2);
wherein the conductive microfilm is positioned between the upper substrate layer and the lower substrate layer (Fig 3);
wherein the upper substrate layer and the lower substate layer are a plastic film ([0029]).
Regarding claim 22, Kim in view of Chen, Zuckerman, Maaren, and Impact Plastics teaches all the limitations of the claimed invention as discussed above. Kim further teaches the lower support pad includes an insulated portion (30; [26]).
Regarding claim 23, Kim in view of Chen, Zuckerman, Maaren, and Impact Plastics teaches all the limitations of the claimed invention as discussed above. Kim further teaches the upper support pad includes a material configured to absorb infrared radiation ([37]; cork absorbs IR).
Regarding claim 24, Kim in view of Chen, Zuckerman, Maaren, and Impact Plastics teaches all the limitations of the claimed invention as discussed above.
Kim in view of Chen, Zuckerman, Maaren, and Impact Plastics as discussed so far, does not teach the upper surface of the upper support pad has a grip pad and a lower surface of the lower support pad has a grip pad.
However, Zuckerman further teaches reliefs on the upper and lower support pads of the heating mat ([0045, 0107, 122]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kim in view of Chen, Zuckerman, Maaren, and Impact Plastics to use the upper and lower support pads of Zuckerman in order to create a non-slip top surface and a rugged bottom surface ([0045, 0107, 122]).
Regarding claim 25, Kim in view of Chen, Zuckerman, Maaren, and Impact Plastics teaches all the limitations of the claimed invention as discussed above.
Kim in view of Chen, Zuckerman, Maaren, and Impact Plastics as discussed so far, does not teach the upper surface of the upper support pad is textured and a lower surface of the lower support pad is textured.
However, Zuckerman further teaches reliefs (i.e. texture) on the upper and lower support pads of the heating mat ([0045, 0107, 122]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kim in view of Chen, Zuckerman, Maaren, and Impact Plastics to use the upper and lower support pads of Zuckerman in order to create a non-slip top surface and a rugged bottom surface ([0045, 0107, 122]).
Claims 26-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim KR200324734Y1 in view of Chen 20230050236 and Zuckerman WO2012101362A1, and further in view of Idemitsu JP H0646073Y2.
Regarding claim 26, Kim teaches a heating mat system (Figs 1-4), comprising:
a heating layer (10);
the heating layer having a conductive microfilm (4);
the conductive microfilm having a generally planar shape extending between a front edge, a rear edge, and opposing side edges (Fig 2);
wherein the conductive microfilm includes a layer of carbon ([27]);
a first electrical contact (one of 3’s in Fig 3) connected to the conductive microfilm (Fig 3);
a second electrical contact (other of 3’s in Fig 3) connected to the conductive microfilm (Fig 3);
an upper support pad (20, 40, 50 on a first side of 10; i.e. where animal lies);
a lower support pad (30, 40, 50, on a second side of 10; i.e. facing the floor);
wherein the heating layer is positioned between the upper support pad and the lower support pad (Figs 1-4);
wherein application of a voltage difference between the first electrical contact and the second electrical contact causes current to flow through the conductive microfilm, thereby generating heat ([35-36]);
a control system operably connected to the heating layer ([46]);
wherein when the control system is operated, the control system adjusts the heat generated by the system by adjusting the voltage difference applied to the first electrical contact and the second electrical contact ([35-36, 46]).
Kim does not teach the carbon film being specifically graphene; and wherein the first electrical contact and the second electrical contact have comb shapes positioned with teeth interleaved to increase the surface area at which the electrical contacts electrically connect with the conductive microfilm.
However, Chen teaches a heating mat system (Fig 1), comprising:
a heating layer (incl.2);
the heating layer having a conductive microfilm (2);
the conductive microfilm having a generally planar shape extending between a front edge, a rear edge, and opposing side edges (Figs 1-4);
wherein the conductive microfilm includes a layer of material including any one or more of graphene, carbon black, carbon nano-tubes, nano graphite powder, nano metal powder, and/or nano metal wire ([0054]);
a first electrical contact (one of the 5’s in Fig 1) connected to the conductive microfilm (Fig 1);
a second electrical contact (other of the 5’s in Fig 1) connected to the conductive microfilm (Fig 1);
wherein the heating layer is positioned between other substrates/supporting materials (Fig 1);
wherein application of a voltage difference between the first electrical contact and the second electrical contact causes current to flow through the conductive microfilm, thereby generating heat ([0129]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plain carbon film of Kim to use graphene film as taught by Chen, because Chen teach graphene being one of several carbon film options that can be used for electrical mat heating films ([0054]). See also, MPEP2144.06(II) providing it was an obvious extension of prior art teachings to substitute equivalents known for the same purpose in the prior art (i.e. substituting graphene film for carbon film in an electric heating mat device, Chen [0054]); and MPEP2144.07 teaching that selection of a known material based on its suitability for its intended use in the prior art was an obvious extension of prior art teachings (i.e. selecting graphene for the conductive film of an electric heating mat device, Chen [0054]).
Kim in view of Chen still does not teach the first electrical contact and the second electrical contact have comb shapes positioned with teeth interleaved to increase the surface area at which the electrical contacts electrically connect with the conductive microfilm.
However, Idemitsu teaches the first electrical contact (one of the pair of 2s) and the second electrical contact (other of the pair of 2s) have comb shapes (Figs 1-3) positioned with teeth interleaved (Figs 1-3) to increase the surface area at which the electrical contacts electrically connect with the conductive microfilm, thus achieving a uniform temperature distribution while reducing the distance between electrodes and lengthening the electrode length (p.1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrodes of Kim in view of Chen to be interleaved combs as taught by Idemitsu, in order to achieve a uniform temperature distribution while reducing the distance between electrodes and lengthening the electrode length (p.1).
Regarding claim 27, Kim in view of Chen and Idemitsu teaches all the limitations of the claimed invention as discussed above. Kim further teaches the control system includes one or more sensors configured to measure factors pertaining to operation of the system ([46]);
wherein the one or more sensors are operably connected to the control system ([46]); and
wherein the control system responds to information received from the one or more sensors ([46]).
Claim 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim KR200324734Y1 in view of Chen 20230050236 and Zuckerman WO2012101362A1, and further in view of Wikipedia (IPK Acrylic-polyvinyl chloride, May 2019, accessed via Wayback Machine).
Regarding claim 28, Kim teaches a heating mat system (Figs 1-4) for warming piglets (statement of intended use; [1] teaches suitability for warming pets, which translates to suitability for warming piglets), the system comprising:
an upper surface (any of top surface of 50, top surface of 40, top surface of 20, top surface of 2);
a lower surface (any of bottom surface of 50, bottom surface of 40, bottom surface of 30, bottom surface of 2);
a layer of carbon ([27]);
wherein the layer of carbon is positioned between the upper surface and the lower surface (Figs 1-4);
wherein when a voltage is applied across the layer of carbon, the layer of carbon generates heat thereby warming piglets when they are on the heating mat system ([35-36]; intended use for piglets treated similarly as above with reference to [1]).
Kim does not teach the carbon film being specifically graphene; or the lower surface being formed of or including a layer of acrylic PVC alloy that provides substantial fire resistance characteristics
However, Chen teaches a heating mat system (Fig 1), comprising:
a heating layer (incl.2);
the heating layer having a conductive microfilm (2);
the conductive microfilm having a generally planar shape extending between a front edge, a rear edge, and opposing side edges (Figs 1-4);
wherein the conductive microfilm includes a layer of material including any one or more of graphene, carbon black, carbon nano-tubes, nano graphite powder, nano metal powder, and/or nano metal wire ([0054]);
a first electrical contact (one of the 5’s in Fig 1) connected to the conductive microfilm (Fig 1);
a second electrical contact (other of the 5’s in Fig 1) connected to the conductive microfilm (Fig 1);
wherein the heating layer is positioned between other substrates/supporting materials (Fig 1);
wherein application of a voltage difference between the first electrical contact and the second electrical contact causes current to flow through the conductive microfilm, thereby generating heat ([0129]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plain carbon film of Kim to use graphene film as taught by Chen, because Chen teach graphene being one of several carbon film options that can be used for electrical mat heating films ([0054]). See also, MPEP2144.06(II) providing it was an obvious extension of prior art teachings to substitute equivalents known for the same purpose in the prior art (i.e. substituting graphene film for carbon film in an electric heating mat device, Chen [0054]); and MPEP2144.07 teaching that selection of a known material based on its suitability for its intended use in the prior art was an obvious extension of prior art teachings (i.e. selecting graphene for the conductive film of an electric heating mat device, Chen [0054]).
Kim in view of Chen still does not teach the lower surface being formed of or including a layer of acrylic PVC alloy that provides substantial fire resistance characteristics
However, Zuckerman teaches using PVC or some other thermoplastic or thermosetting composite (among other materials) for the lower surface of a heating mat ([0139]).
And Wikipedia teaches adding acrylic to PVC alloys (forming IPK) in order to add rigidity and formability while retaining the toughness and chemical resistance of PVC (p.1, Characteristics). IPK further providing the benefits of being easy to clean with no staining or surface damage to the material (p.1, Applications). IPK is known to be applicable for lavatory pans, trays, custom insulators, and clean rooms (p.2, Other Applications).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lower surface of Kim in view of Chen to be an acrylic PVC alloy as taught by Zuckerman and Wikipedia in order to provide rigidity and formability while being easy to clean (Zuckerman [0139], Wikipedia pp.1-2). Additionally, MPEP2144.07 provides that the selection of a known material (acrylic PVC alloy) based on its suitability for its intended use (Zuckerman teaches PVC for the lower surface of livestock heating mats, and Wikipedia teaches acrylic PVC alloy being an improvement over mere PVC) supports a prima facie obviousness determination.
Response to Arguments
Applicant's arguments filed 29 January 2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Additional Relevant Art
Harita KR20110126867A teaches PVC rigid upper and lower support pads for a heating mat, as well as polyester films laminating the heating layer of the heating mat.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE SEBASCO CHENG whose telephone number is (469)295-9153. The examiner can normally be reached on 1000-1600 ET.
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/STEPHANIE SEBASCO CHENG/Primary Examiner, Art Unit 3741
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