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 .
Priority
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.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-4, 6-19 and 23) in the reply filed on 11/24/2025 is acknowledged.
Claim 24 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/24/2025.
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 10 and 11 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.
The term “substantially” in claims 10 and 11 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Does substantially parallel; substantially perpendicular mean that a deviation from parallel or perpendicular of 5, 10, 15 or 20% is acceptable? It is suggested to delete the phrase substantially or define the requisite degree in the claims.
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.
(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.
Claims 1-3, 12, 13, 15, 19 and 23 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang (CN202361466). An English machine translation of Zhang (CN202361466) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claims 1, Zhang teaches a heating pad (Figs 1-3, carbon fiber conductive heating layer 4, 0051) comprising: at least one heating element, each heating element having: a carbon fiber tape layer (Fig 3, carbon fiber layer 43, 0052); and a conductive sheath (conductive layer 46, 0052, conductive layer can be selected from any one of metal electrodes, chemically modified electrodes, and rare earth metal electrodes, with metal electrodes being preferred) surrounding the carbon fiber tape layer; and an encapsulation layer (heat-resistant resin sealing film 41, 45, 0052) defining an outer surface of the heating pad, the at least one heating element is positioned within the encapsulation layer (see figures 1, 3).
With respect to the limitations of claims 2, 3, 12, 13 and 15, Zhang teaches each heating element (43) has an electrically insulating material (flame-retardant heat-conducting layer 42 / 47, 0052, flame-retardant material layer 47 can be selected from one of inorganic thermal conductive materials and organic thermal conductive materials, preferably glass fiber cloth) positioned between the carbon fiber tape layer (43) and the conductive sheath (46);
the encapsulation layer comprises an electrically insulating material (0052, the heat-resistant resin sealing film 41 can be selected from various heat-resistant resins, including epoxy resin, PVC resin, etc., with epoxy resin being preferred);
the carbon fiber tape layer has opposing end portions that are proximate each other (Fig 5, left and right opposing end portions);
further comprising an electrode secured (Fig 5, left side conductive strip 48, 0048) to an end portion of the carbon fiber tape layer (43);
further comprising a plurality of electrodes, a respective electrode of the plurality of electrodes is secured to the end portion of each of said end portions (Fig 5, left and right side conductive strip 48, 0048) of the carbon fiber tape layer.
With respect to the limitations of claim 19, Zhang teaches a system comprising: a substrate (decorative panel 3, thermal insulation board 5, 0051); and the heating pad of claim 1 (Figs 1, 3, conductive heating layer 4 as set forth in the rejection of claim 1 above), the heating pad is secured in contact with the substrate (0051, layers of the heated floor 1, including the decorative panel 3, the conductive heating layer 4, and the thermal insulation board 5, are glued together with adhesive)
With respect to the limitations of claim 23, Zhang teaches a method of using the heating pad of claim 1, comprising: securing (0051, layers of the heated floor 1, including the decorative panel 3, the conductive heating layer 4, and the thermal insulation board 5, are glued together with adhesive) the heating pad (Figs 1, 3, conductive heating layer 4 as set forth in the rejection of claim 1 above) in contact with a substrate (decorative panel 3, thermal insulation board 5, 0051); and delivering current to the carbon fiber tape layer of the heating pad to transfer heat to the substrate (0052, normal pressure or low pressure current is applied, the conductive heating material can provide stable heat energy).
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.
Claims 4, 6-11 and 17 are rejected under 35 U.S.C. 103 as being obvious over Zhang (CN202361466) as applied to claim 1, further in view of Lee (US 2006/0278631).
With respect to the limitations of claims 4, 6, 7, 8, 9, 10, 11 and 17, Zhang teaches the outer surface of the heating pad comprises a contact portion and an opposing base portion (Fig 1, carbon fiber conductive heating layer 4, having a top contact portion in contact with decorative panel 3 and lower base portion in contact with thermal insulation board 5, 0051), and the contact portion (Fig 3, top contact surface of resin sealing film 41 adjacent to carbon fiber layer 43, 0052) is adjacent the heating layer and configured to permit transfer of heat from the plurality of heating sections to the contact portion; the heating pad further comprises an insulation layer (Fig 3, thermal insulation layer 44, 0052) positioned between the base portion (bottom surface of resin sealing film 45) and the heating layer (43); the insulation layer comprises a thermally reflective material (0052, thermal insulation layer 44 can be selected from…metallic thermal insulation materials).
Zhang discloses the claimed invention except for the at least one heating element comprises a plurality of heating sections; the plurality of heating element sections form a continuous structure within the heating pad, the heating pad further comprises a thermally conductive material positioned between the plurality of heating sections, and the at least one heating element and the thermally conductive material define a heating layer; the plurality of heating sections comprises a plurality of parallel heating sections that are oriented substantially parallel to one another; the plurality of heating sections further comprises at least one transverse heating section oriented substantially perpendicular to the plurality of parallel heating sections, at least two of the parallel heating sections are connected together via a transverse heating section.
However, Lee discloses the at least one heating element comprises a plurality of heating sections (Fig 5, parallel strips 66, 0059); the plurality of heating element sections form a continuous structure within the heating pad (see figure 5, strips 66, conductive glue regions 68, 0059-0060), the heating pad further comprises a thermally conductive material positioned between (Fig 5, lower conductive glue region 68 between outer strips 66) the plurality of heating sections, and the at least one heating element and the thermally conductive material define a heating layer; the plurality of heating sections comprises a plurality of parallel heating sections (strips 66) that are oriented substantially parallel to one another; the plurality of heating sections further comprises at least one transverse heating section (conductive glue regions 68) oriented substantially perpendicular to the plurality of parallel heating sections, at least two of the parallel heating sections are connected together via a transverse heating section (see figure 5); the end portions of the carbon fiber tape layer are defined, respectively, by a first heating section (Fig 5, region 64, 0049) of the plurality of parallel heating sections (left most parallel strip 66) and a second heating section of the at least one transverse heating section (Fig 5, region 62 connected to right most parallel strip 66 and transverse conductive glue region 68) is known in the art.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the heating pad of Zhang having at least one carbon fiber heating element silent to the recited plurality of heating sections with the at least one heating element comprises a plurality of heating sections; the plurality of heating element sections form a continuous structure within the heating pad, the heating pad further comprises a thermally conductive material positioned between the plurality of heating sections, and the at least one heating element and the thermally conductive material define a heating layer; the plurality of heating sections comprises a plurality of parallel heating sections that are oriented substantially parallel to one another; the plurality of heating sections further comprises at least one transverse heating section oriented substantially perpendicular to the plurality of parallel heating sections, at least two of the parallel heating sections are connected together via a transverse heating section of Lee for the purpose of providing a carbon fiber heating element with a known zig-zag shape (0059) that is extremely cost effective and efficient to manufacture with a myriad of commercial applications, but also laminate products in general (0071).
Claims 14 and 16 are rejected under 35 U.S.C. 103 as being obvious over Zhang (CN202361466) as applied to claim 1, further in view of Kochman (US 2002/0177495).
With respect to the limitations of claims 14 and 16, Zhang discloses the claimed invention except for further comprising at least one wire that is electrically connected to the electrode; further comprising a plurality of wires, at least one wire of the plurality of wires is electrically connected to each respective electrode of the plurality of electrodes. However, Kochman discloses further comprising at least one wire (lead wire cables 20, 0091) that is electrically connected to the electrode (Figs 6A, 6B, bus electrodes 22, 0091); further comprising a plurality of wires (lead wire cables 20), at least one wire of the plurality of wires is electrically connected to each respective electrode of the plurality of electrodes (Figs 6A, 6B, bus electrodes 22, 0091) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the heating pad of Zhang having at least one carbon fiber heating element and electrodes silent to the recited wires with the further comprising at least one wire that is electrically connected to the electrode; further comprising a plurality of wires, at least one wire of the plurality of wires is electrically connected to each respective electrode of the plurality of electrodes of Kochman for the purpose of providing a known wire connection configuration that allows the heating pad to be connected to other heating pad device, thereby allowing for a modular and interconnected heating module design (0091).
Claim 18 is rejected under 35 U.S.C. 103 as being obvious over Zhang (CN202361466) in view of Lee (US 2006/0278631) as applied to claims 1, 12 and 17, further in view of Kochman (US 2002/0177495).
With respect to the limitations of claim 18, Zhang in view of Lee discloses the claimed invention except for further comprising a termination block, the end portions of the carbon fiber tape layer are secured to the termination block. However, Kochman discloses further comprising a termination block, the end portions of the carbon fiber (0013) tape layer (Fig 5B, heating cables 1, 0086) are secured to the termination block (common terminal 12, 0085) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the heating pad of Zhang in view of Lee having a carbon fiber tape layer silent to a termination block with the further comprising a termination block, the end portions of the carbon fiber tape layer are secured to the termination block of Kochman for the purpose of providing a known termination block configuration that creates a single and combined dual connections respectively, thereby allowing the heating tape to be securely and quickly connected to wire or cables (0085).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 1/16/2026