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 .
Drawings
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, the “carrier has a layer made from a film, a textile and with a grid carrier” (claim 18), “the conductive paint…in a grid-like manner, a strip-like manner and a meandering manner” (claim 20), “printed contacts, etched and soldered contacts” (claim 21), “contacts have a strand, a band of solid material and a braided band” (claim 22), and the heating layer and covering layer secured to the base member by “adhesive bonding, screwing arrangement and clamping” (claims 24 and 25) 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.
Claim Objections
Claims 1-14 and 17-27 are objected to because of the following informalities: the claims use “electrically heatable layer” and “electrically heatable heating layer” interchangeably. The claim language should be consistent throughout the claims. Appropriate correction is required.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, 7, 13, 14, 15, 17, and 20-27 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites that the at least one extension is bent over “from a front side onto the rear side or front side of the base member” which renders the claim indefinite as it is not clear what front side is being referenced. Claim 1, from which claim 2 depends, sets forth that the base member has a rear side and a front side that the extension can be bent over. It is not clear, from claim 2, as to what “a front side” refers. It is not clear if there are two front sides or if the same front side is being referenced. If the same front side is being referenced, it is unclear in what way the extension can be bent over from the front side onto the same front side.
Claim 7 recites that the conductive paint is arranged on the carrier over the entire surface and in a grid-like manner, strip-like manner or meandering manner, which renders the claim indefinite as it is unclear in what way the paint is intended to be applied over the entire surface but still occur in a grid-like manner, strip-like manner or meandering manner. The use of “a grid-like manner, strip-like manner or meandering manner” implies that there are separations or spacings between adjacent passes of paint. For instance, painting over the entire surface of something would produce a substantially homogenous coating or layer over that surface, whereas painting in a grid-like manner, a strip-like manner or a meandering manner would produce gaps within the areas being painted. For this reason, it is unclear in what way both limitations can be true simultaneously.
Claim 13 recites “the covering layer” which renders the claim indefinite as such term lacks antecedent basis and it is unclear what covering layer is being referenced as claim 1 makes no mention of such a layer.
Claim 14 recites an apparatus comprising, inter alia, “an electrical network” and “wherein the electrically heatable heating layer is electrically connected to an electrical network of the apparatus…” which renders the claim indefinite as it is unclear if the apparatus includes one or two electrical networks. In other words, it is unclear if the electrically heatable heating layer is intended to connect to the network recited in line 2 as a structural limitation of the apparatus or if the apparatus includes an additional electrical network.
Claim 15 recites, inter alia, “the electrically heatable heating layer is electrically connected at the portion of the at least one extension…” which renders the claim indefinite as it is unclear to what the heating layer is electrically connected. Given the breadth of the language, the claim can properly be understood to mean that the heating layer is electrically connected to a power supply, that the heating layer is electrically connected to electrical contacts/terminals, the heating layer is electrically connected to itself (a multi-part heating layer), etc. Given the mutual exclusiveness of the different cooperative relationships, the intended metes and bounds being sought is not reasonably clear.
Claim 17 recites that the at least one extension is bent over “from a front side onto the rear side or front side of the base member” which renders the claim indefinite as it is not clear what front side is being referenced. Claim 1, from which claim 17 depends, sets forth that the base member has a rear side and a front side that the extension can be bent over. It is not clear, from claim 17, as to what “a front side” refers. It is not clear if there are two front sides or if the same front side is being referenced. If the same front side is being referenced, it is unclear in what way the extension can be bent over from the front side onto the same front side. Additionally, the limitation of “the at least one extension, which projects from the base member, is bent over onto the rear side or front side of the base member” appears redundant and it is unclear in what way, if any, this limitation is intended to further define or clarify the scope of the claim.
Claim 20 recites that the conductive paint is arranged on the carrier over the entire surface and in a grid-like manner, strip-like manner and meandering manner, which renders the claim indefinite as it is unclear in what way the paint is intended to be applied over the entire surface but still occur in a grid-like manner, strip-like manner or meandering manner. The use of “a grid-like manner, strip-like manner or meandering manner” implies that there are separations or spacings between adjacent passes of paint. Under broadest reasonable interpretation “strip” is defined as “a long narrow piece of material.” See merriam-webster.com/dictionary/strip, viewed on 02/03/2026. As such, “strip-like” is understood to refer to anything that has the resemblance of a long, narrow piece of material or anything that is similar to a long, narrow piece of material. Similarly, “grid” is defined as “a network of uniformly spaced horizontal and perpendicular lines.” See merriam-webster.com/dictionary/grid. As best understood, painting over the entire surface of something would produce a substantially homogenous coating or layer over that surface, whereas painting in a grid-like manner, a strip-like manner and a meandering manner would produce gaps within the areas being painted, therefore presenting a paint that does not occur over the entire surface. For this reason, it is unclear in what way both limitations can be true simultaneously.
Claim 20 recites that the conductive paint is applied on the carrier “in a grid-like, strip-like, and meandering manner” which creates confusion as it is unclear in what way paint can be applied in all three manners simultaneously. Paragraphs 0058 and 0059 merely repeat the same claim language with paragraph 0059 clearly setting forth that the different shapes are alternatives. However, the claim clearly states “and” which requires all three to be present. The issue is, however, that “grid-like,” “strip-like,” and “meandering” are mutually exclusive arrangements and it is unclear in what way all three are present such that the paint is applied that allows for all three.
Claim 21 recites that the electrical contacts are “in the form of printed contacts, etched and soldered contacts” which creates confusion as it is unclear in what way the contacts can take all three forms. Paragraph 0070 merely repeats the same claim language using “and/or.” The claim clearly recites “and” which required all three to be present. However, these are mutually exclusive processes for forming electrical contacts. It is unclear in what way, if any, all three forms exist for the same electrical contacts.
Claim 22 recites that the contacts have “a strand, a band of solid material and a braided band” which creates confusion as it is unclear if each contact has all three of if each contact includes one of the three. Paragraph 0071 merely repeats the same claim language using the term “and/or.” The claim reasonably makes sense based on the understanding that strand, band, and braided band are alternatives. However, the claim clearly recites “and” which creates confusion. It is unclear, for instance, if the contacts include a portion that has a strand, another portion that has a band, and another portion that has a braided band. The structural cooperative relationship remains unclear.
Claim 23 recites that the heating layer and the covering layer are secured to the base member by “adhesive bonding, a screwing arrangement, or clamping. However, “the covering layer” lacks proper antecedent basis and it is unclear what layer is being references as claim 1 makes no mention of a covering layer.
Claim 24 recites that the heating layer and the covering layer are secured to the base member by “adhesive bonding, a screwing arrangement, and clamping. However, “the covering layer” lacks proper antecedent basis and it is unclear what layer is being references as claim 1 makes no mention of a covering layer. Additionally, adhesive bonding, a screwing arrangement, and clamping are known alternatives for securing attaching layers together are recite mutually exclusive processes. Paragraphs 0072 and 0073 merely repeat the same claim language with paragraph 0073 clearly setting forth that screw arrangement and clamping are alternatives. It is unclear, it what way, if any, all three securing means occur simultaneously. Does the Applicant intend that the heating layer and covering layer are secured to the base member using all three means at the same time?
Claim 25 recites that the heating layer or the covering layer are secured to the base member by “adhesive bonding, a screwing arrangement, and clamping. However, “the covering layer” lacks proper antecedent basis and it is unclear what layer is being references as claim 1 makes no mention of a covering layer. Additionally, adhesive bonding, a screwing arrangement, and clamping are known alternatives for securing attaching layers together are recite mutually exclusive processes. Paragraphs 0072 and 0073 merely repeat the same claim language with paragraph 0073 clearly setting forth that screw arrangement and clamping are alternatives. It is unclear, it what way, if any, all three securing means occur simultaneously. Does the Applicant intend that the heating layer/covering layer are secured to the base member using all three means at the same time?
Claim 26 recites that the heating layer is applied to a front side of the base member. It is unclear if the “front side” of claim 26 refers to the same “front side” recited in claim 15 or if the base member includes two distinct front sides.
Claim 27 inherits the deficiency noted in claim 15 as a result of claim 27 depending directly from claim 15.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-5, 8-15, 17-18, 21, and 23-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wittkowski (US10442273).
Regarding claim 1, Wittkowski teaches a heatable component (Title; Fig. 16, 100) comprising a base member (support panel 108) with an electrically heatable layer (layer 110 including printed heater 102) for electrically heating the heatable component and electrical contacts (feed lines 120) for contacting the electrically heatable heating layer (110), wherein the electrically heatable heating layer (110) has at least one extension (overhang 126) which is bent over onto a rear side or front side of the base member (108; Fig. 16) and the electrical contacts (120) are arranged at the portion of the at least one extension (126) which is located at the rear side or the front side of the base member (108).
Regarding claim 2, Wittkowski teaches the claimed invention, as applied in claim 1, including wherein the at least one extension (overhang 126) is bent over from a front side onto the rear side or front side of the base member (108; Fig. 16) or the at least one extension (126), which projects from the base member (108), is bent over onto the rear side or front side of the base member (108).
Regarding claim 3, Wittkowski teaches the claimed invention, as applied in claim 1, including wherein the electrically heatable heating layer (110) has a carrier (PET fabric 114).
Regarding claim 4, Wittkowski teaches the claimed invention, as applied in claim 3, including wherein the carrier (114) is configured in a flexible manner (PET fabric 114 is knitted, which allows for flexibility. 16:9-23).
Regarding claim 5, Wittkowski teaches the claimed invention, as applied in claim 3, including wherein the carrier has a layer made from a film, a textile or with a grid carrier (knitted PET fabric 114).
Regarding claim 8, Wittkowski teaches the claimed invention, as applied in claim 1, including wherein the at least one extension (126) is arranged at one side of the electrically heatable heating layer (110; Fig. 16).
Regarding claim 9, Wittkowski teaches the claimed invention, as applied in claim 1, further comprising a covering layer (PU film 118; Fig. 17 and 16:9-23).
Regarding claim 10, Wittkowski teaches the claimed invention, as applied in claim 9, including wherein the covering layer has a layer of leather, a textile, a film, a wood or a metal (PU film 118 of 0.025 mm thickness; 6:9-23).
Regarding claim 11, Wittkowski teaches the claimed invention, as applied in claim 1, including wherein the contacts are in the form of printed contacts, etched or soldered contacts (feed lines are electrically highly conductive and printed with a silver-based or copper-based ink; 2:24-35).
Regarding claim 12, Wittkowski teaches the claimed invention, as applied in claim 1, including wherein the contacts have a strand, a band of solid material or a braided band made of a conductive material (feed lines are electrically highly conductive and printed with a silver-based or copper-based ink, silver nanoparticles that are dried and sintered; 2:24-35. As such the feed lines formed define electrical contacts having a strand or band of solid material)..
Regarding claim 13, Wittkowski teaches the claimed invention, as applied in claim 1, including wherein the electrically heatable heating layer (110) or the covering layer is secured to the base member (108) by adhesive bonding (112), a screwing arrangement or clamping.
Regarding claim 14, Wittkowski teaches an apparatus comprising an electrical network (electrical power supply, not shown in the drawings), a heatable component (Figs. 16-17; 100) having a base member (108) with an electrically heatable layer (110, including 102) for electrically heating the heatable component (100) and electrical contacts (feed lines 120) for contacting the electrically heatable heating layer (110), wherein the electrically heatable heating layer (110) has at least one extension (overhang 126) which is bent over onto a rear side or front side of the base member (108; Fig. 16) and the electrical contacts (120) are arranged at the portion of the at least one extension (126) which is located at the rear side or the front side of the base member (108), wherein the electrically heatable heating layer (110) is electrically connected to an electrical network (taken as the electric power supply) of the apparatus via the contacts (120) (1:48-54; “The heater comprises a plurality of flat resistance elements and at least two feed lines, which are electrically highly conductive as compared with the resistance elements and via which the resistance elements can be looped into an electric circuit. Preferably in contact-making regions of the resistance elements and the feed lines, at least one feed line and one resistance element respectively are printed overlapping each other.”) (4:41-61; “The feed lines may extend to the enveloping lateral overhang and form electrical connections there. In this way it is possible for the heater to be connected to an electricity supply on the back side of the support. So that during the enveloping of the edge there is no damage to the feed lines through excessive mechanical stresses, it may be planned for the edge of the support, at least where the feed lines extend to the enveloping lateral overhang, to have a curvature radius of not less than 0.5 mm. In order to further simplify connection, the overhang may have a prolongation to which the feed lines extend, and in which they form the electrical connections.”).
Regarding claim 15, Wittkowski teaches a method for producing a heatable component (Title; Figs. 16-17; 100), wherein a base member (108) and an electrically heatable heating layer (110) having at least one extension (overhang 126) are provided, the at least one extension (126) is bent over onto a rear side or a front side of the base member or the electrically heatable heating layer is applied to the base member with the at least one extension in the bent-over state (See Fig. 16), and the electrically heatable heating layer (110) is electrically connected (via feed lines 120) at the portion of the at least one extension (126) which is located on the rear side or front side of the base member (108).
Regarding claim 17, Wittkowski teaches the claimed invention, as applied in claim 1, including wherein the at least one extension (126) is bent over from a front side onto the rear side or front side of the base member (108) and the at least one extension (126), which projects from the base member (108), is bent over onto the rear side or front side of the base member (108).
Regarding claim 18, Wittkowski teaches the claimed invention, as applied in claim 3, including wherein the carrier has a layer made from a film, a textile and with a grid carrier (Assuming the carrier has at least one layer made from each, Wittkowski shows a knitted PET fabric layer 114, a PET foam layer 116 and a PU film 118, which read on a textile, grid carrier, and film respectively.).
Regarding claim 21, Wittkowski teaches the claimed invention, as applied in claim 1, including wherein the contacts (120) are in the form of printed contacts, etched and soldered contacts (The claim does not positively recite printed, etching, and soldering as structural limitations. Rather, the aforementioned are claimed as processes of manufacture. “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” See MPEP 2113. Wittkowski teaches that the feed lines are electrically highly conductive and printed with a silver-based or copper-based ink; 2:24-35. Etching and soldering are not discussed in the instant specification as implying or connoting any specific structure. Similarly, there is no discussion in the instant specification regarding any structural implication by having the electrical contacts printed, etched, and soldered. Additionally, owing to the above detailed issues under 35 USC 112 (b), as best understood, the claim intends to set forth the manufacturing method used to produce the electrical contacts. The feed lines of Wittkowski appear to be substantially identical to that claimed).
Regarding claim 23, Wittkowski teaches the claimed invention, as applied in claim 1, including wherein the electrically heatable heating layer (110) and the covering layer (114) are secured to the base member (108) by adhesive bonding (adhesive layer 112; Fig. 17), a screwing arrangement or clamping.
Regarding claim 24, Wittkowski teaches the claimed invention, as applied in claim 1, including wherein the electrically heatable heating layer (110) and the covering layer (114) are secured to the base member (110) by adhesive bonding, a screwing arrangement and clamping (The claim does not positively recite an adhesive layer, a screwing arrangement, or a clamp as structural limitations. Rather, the aforementioned are claimed as processes of manufacture. “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” See MPEP 2113. Wittkowski teaches using an adhesive layer 112 to bond the heating layer to the base member. Screwing arrangement and clamping are not discussed in the instant specification as implying or connoting any specific structure. Similarly, there is no discussion in the instant specification regarding any structural implication by having heating layer and base member secured by adhesive bonding, screwing, and clamping. Additionally, owing to the above detailed issues under 35 USC 112 (b), as best understood, the claim intends to set forth the manufacturing method used to secure the heating layer and the base member. The heatable component of Wittkowski, teaching the heating layer bonded to the base member, appears to be substantially identical to that claimed).
Regarding claim 25, Wittkowski teaches the claimed invention, as applied in claim 1, including wherein the electrically heatable heating layer (110) or the covering layer are secured to the base member (110) by adhesive bonding, a screwing arrangement and clamping (The claim does not positively recite an adhesive layer, a screwing arrangement, or a clamp as structural limitations. Rather, the aforementioned are claimed as processes of manufacture. “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” See MPEP 2113. Wittkowski teaches using an adhesive layer 112 to bond the heating layer to the base member. Screwing arrangement and clamping are not discussed in the instant specification as implying or connoting any specific structure. Similarly, there is no discussion in the instant specification regarding any structural implication by having heating layer and base member secured by adhesive bonding, screwing, and clamping Additionally, owing to the above detailed issues under 35 USC 112 (b), as best understood, the claim intends to set forth the manufacturing method used to secure the heating layer and the base member. The heatable component of Wittkowski, teaching the heating layer bonded to the base member, appears to be substantially identical to that claimed).
Regarding claim 26, Wittkowski teaches the claimed invention, as applied in claim 15, including wherein the electrically heatable heating layer (110) is applied to a front side of the base member (108; Fig. 16).
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.
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.
Claim(s) 6-7 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wittkowski in view of Yunfei (US20180120596).
Regarding claims 6-7 and 19, Wittkowski teaches the claimed invention, as applied in claim 1, except for wherein the electrically heatable heating layer has a conductive paint which is arranged on the carrier or the base member (claim 6), wherein the conductive paint is arranged on the carrier over the entire surface, in a grid-like manner, strip-like manner or meandering manner (claim 7), wherein the electrically heatable heating layer has a conductive paint which is arranged on the carrier and the base member (claim 19), and wherein the conductive paint is arranged on the carrier over the entire surface, in a grid-like manner, strip-like manner and meandering manner (claim 20).
Yunfei relates to a multi-layered heatable component (para. 0001; Figs. 1-2) and teaches the heating layer has a conductive paint (electrically conductive heating paint layer 14) which is arranged on the carrier (18) and/or the base member (substrate 12), wherein the conductive paint (14) is arranged on the carrier over the entire surface (Fig. 1 and para. 0021; paint 14 is arranged on the layer 18 and occurs over the entire surface), in a grid-like manner, strip-like manner or meandering manner (Under broadest reasonable interpretation “strip” is defined as “a long narrow piece of material.” See merriam-webster.com/dictionary/strip, viewed on 02/03/2026. As such, “strip-like” is understood to refer to anything that has the resemblance of a long, narrow piece of material or anything that is similar to a long, narrow piece of material. In this case, the conductive paint 14 is arranged on a surface of 18 and a surface of 12 in a manner that resembles a long narrow piece of material, as shown in Fig. 1).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Wittkowski with Yunfei, by substituting the printed heater of Wittkowski, with the electrically conductive paint taught by Yunfei, for in doing so would amount to a simple substitution of art recognized heating layer (i.e., printed heater, as in Wittkowski, vs. conductive paint, as in Yunfei) performing the same function of generating heat upon being energized, and the results of the substitution would have been predictable. See MPEP 2144.06-II.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wittkowski in view of Robinson (US202001413496; relying on early filing date).
Regarding claim 22, Wittkowski teaches the claimed invention, as applied in claim 1, except for wherein the contacts have a strand, a band of solid material and a braided band made of a conductive material.
Robinson relates to an electrically heated cable (para. 0002; Fig. 1A and 1B) and teaches electrical contacts (110) having a strand, a band of solid material and a braided band made of a conductive material (para. 0029; “The power supply wires 110 may be solid conductors or formed from individual wires braided together. The power supply wires 110 are shown as solid wires for purposes of illustration only and it will be understood that any supply wires suitable for a resistive heating application (such as braided wire bundles, as a non-limiting example) may be used.”) (Here, the electrical contacts 110 have a strand, or an individual wire, a band of solid material, or a collection of solid wires, and a braided band of conductive material, or the braiding of the collection of solid wires).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Wittkowski with Robinson, by substituting the form of the electrical contacts of Wittkowski, with the strand, band, and braided arrangement of electrical contacts taught by Robinson, for in doing so would amount to a simple substitution of art recognized electrical contacts performing the same function of providing electrical contact for a resistive heating element and the results of the substitution would have been predictable. See MPEP 2144.06-II.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wittkowski in view of Chen (US 2020/015323).
Regarding claim 27, Wittkowski teaches the claimed invention, as applied in claim 15, except for wherein the electrically heatable heating layer (110) is integrated in the base member (108).
Chen relates to surface heating element (para. 0001) using a resistive heating layer (para. 0002) and teaches the heating layer (10) being integrated in a base member (20) (Figs. 2a/2b and para. 0080: “For example, there are two types of product structures: as shown in FIG. 2a, the surface heating element 10 of high-performance carbon composite material is located under the floor/baseboard/carpet/mattress 20. Alternatively, as shown in FIG. 2b, the surface heating element 10 of high-performance carbon composite material is located within the floor/baseboard/carpet/mattress 20.”) (Here, Chen teaches alternative placements for the heating layer 10 relative to the base member 20).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Wittkowski with Chen, by substituting the placement of the heating layer relative to the base member of Wittkowski, with the heating layer integrated within the base member taught by Chen, for in doing so would merely provide an alternative placement of the heating layer relative to the base member that is known in the art. Furthermore, placing the heating layer within the base member would amount to a simple substitution of art recognized heating layer/base members (i.e., heating layer on a surface of the base member, as in Wittkowski, vs. heating layer within the base member, as in Chen) performing the same function of generating heat upon being energized, and the results of the substitution would have been predictable. See MPEP 2144.06-II.
Allowable Subject Matter
Claim 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The prior art of record fails to teach, suggest, or otherwise disclose “wherein the conductive paint is arranged on the carrier over the entire surface, in a grid-like manner, strip-like manner and meandering manner.” Specifically, the prior art of record fails to teach the conductive paint being arranged over the entire surface of the carrier and in a grid-like manner, strip-like manner and meandering manner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN C DODSON whose telephone number is (571)270-0529. The examiner can normally be reached Mon.-Fri. 1:00-9:00 PM (ET).
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/JUSTIN C DODSON/Primary Examiner, Art Unit 3761