DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant's election with traverse of group I in the reply filed on 1/16/2026 is acknowledged. The traversal is on the ground(s) that any search for group I will encompass a search for group II. Group III are largely overlapping with group I. This is not found persuasive because the application is a national stage application. For a restriction of a national stage, the groups are linked by a single inventive concept. The single inventive concept was found in prior art; therefore; unity was broken and the restriction is proper.
The requirement is still deemed proper and is therefore made FINAL.
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, 6-11 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.
Claim 2 is indefinite because it is unclear if “a second substrate” is the same “a second substrate” from claim 1 or if this is a different second substrate. For the purpose of examination, it is the same second substrate.
Claim 6 is indefinite because it is unclear if the second substrate is required. Claim 1 states a protective coating and/or a second substrate. The second substrate is not required in claim 1. If it is not required in claim 1, is it now required in claim 6? The Examiner requests that the Applicant please clarify.
Claim 7 is indefinite because it is unclear if the claim is required because it is a conditional claim based on the “when” statement. Are the limitations required? For the purpose of examination, the claim limitations are required.
Claim 8 is indefinite because it is unclear what is meant by “wherein the heater has flexibility such that, having stability such that, if subjected to a strain of 6000 microstrain via a four-point bend test according to ASTM D6272A at a strain rate of 0.5 in/min, and released to no strain, there is less than a 5% change in electrical resistance”. The limitation “has flexibility such that, having stability such that” is confusing. Is this saying that the heater has flexibility and stability such that it meets the claimed properties? The Examiner requests that the Applicant please clarify. Furthermore, this claim is conditional. It is unclear if the claim is required because of the ”if” statement. For the purpose of examination, the claim is required.
Regarding claim 9, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 9 is indefinite because it is unclear if the claim is required because it is a conditional claim based on the “if” statement. Are the limitations required? For the purpose of examination, the claim limitations are required.
Claim 10 is indefinite because it is unclear if the second substrate is required. Claim 1 states a protective coating and/or a second substrate. The second substrate is not required in claim 1. If it is not required in claim 1, is it now required in claim 6? The Examiner requests that the Applicant please clarify.
Claim 11 is indefinite because it is unclear if the claim is required because it is a conditional claim based on the “if” statement. Are the limitations required? For the purpose of examination, the claim limitations are required.
Allowable Subject Matter
Claims 1, 3-5 is allowed.
The following is a statement of reasons for the indication of allowable subject matter: prior art was not found that taught or suggested a heater as claimed that included in sequence, a first substrate, an adhesive layer, a layer comprising a sulfonated tetrafluoroethylene based fluoropolymer-copolymer, a CNT network layer, and a cover layer comprising a protective coating and/or a second substrate; and further comprising a conductor electrically connected to the CNT network layer so that a current can be passed through the CNT layer during operation.
Claims 2, 6-11 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN B SAAD whose telephone number is (571)270-3634. The examiner can normally be reached Monday-Thursday 7:30a-6p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at 571-272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN B SAAD/Primary Examiner, Art Unit 1735