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.
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 1, 2, 7 and 8 are rejected under 35 U.S.C. 103 as being obvious over Gurevich (US 6,057,530) in view of Guenter (DE4101290). An English machine translation of Guenter (DE4101290) is included with the Notice of Reference Cited (PTO-892) submitted on 5/12/2026.
With respect to the limitations of claim 1, Gurevich teaches teaches a wiring sheet (title, abstract), comprising: a pseudo sheet structure (Fig 5A, heating element core 29, Col 5) comprising a plurality of conductive linear bodies arranged at intervals (Fig 5A, horizontal bodies of heating element core 29, Col 5); and a pair of electrodes (bus bar 33 having a left and right side, Col 5), the electrodes are a metal (Col 3, Lines 35-40, metal electrodes) wire (Figs 5A, bus bar 33 are in the shape of a wire); the pseudo sheet structure is electrically connected to the electrodes, and the conductive linear bodies and the electrodes are fixed with contact fixing members (contact electrodes 15, Col 5), the conductive linear bodies are wavy-shaped (Fig 5A, wavy heating element core 29) in a plan view of the wiring sheet, and the contact fixing members are at least one selected from the group consisting of a metal (Col 3, Lines 35-40, the contacts are made of thin metal foil, metallized polymer or thin rigid conductive electrodes), an adhesive agent, and crimping. Gurevich discloses the claimed invention except for the electrodes are wavy-shaped in a plan view of the wiring sheet.
Guenter discloses the conductive linear bodies and the electrodes are wavy-shaped (Figs 1-3, wave-shaped heating conductors 1, contact conductors 2, 0039-0041) in a plan view of the wiring sheets 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 wiring sheet of Gurevich in view of Gardner having wavy conductive linear bodies and straight electrodes silent to wavy electrodes with the conductive linear bodies and the electrodes are wavy-shaped in a plan view of the wiring sheet of Guenter for the purpose of providing a known conductive linear bodies and the electrodes shape configuration that allows the wiring sheet to be stretched and compressed in a plurality of desired directions and while allowing for several contact points with the heating conductor to be achieved (0019), thereby improving the overall versatility of the device.
With respect to the limitations of claims 2, 7 and 8, Gurevich teaches the contact fixing members are each independently arranged (Figs 5A, contact electrodes 15) in a cross-sectional view of the wiring sheet;
further comprising a stretchable resin (Col 6, Lines 40-44, insulating polymer layers) layer (Figs 6-8, electro-insulating materials 12, Col 5) that supports the pseudo sheet structure (heating element core 29);
further comprising a stretchable base material (Col 6, Lines 40-44, insulating polymer layers) that supports the pseudo sheet structure (heating element core 29).
Claims 5, 7, 8, 9 and 10 are rejected under 35 U.S.C. 103 as being obvious over Gurevich (US 6,057,530) in view of Guenter (DE4101290) as applied to claim 1, further in view of Gardner (US 2002/0153368).
With respect to the limitations of claims 7 and 8, Gurevich in view of Guenter discloses the claimed invention except for further comprising a stretchable resin layer that supports the pseudo sheet structure; further comprising a stretchable base material that supports the pseudo sheet structure.
However, Gardner discloses further comprising a stretchable resin layer (Figs 4, 6, outer thermoplastic film, 0039, silicone rubber) that supports the pseudo sheet structure (Figs 4, 6, copper foil buses, thermion-conductive fibers); further comprising a stretchable base material (Figs 4-6, outer thermoplastic film, 0039, silicone rubber) that supports the pseudo sheet structure (Figs 4, 6, copper foil buses, thermion-conductive fibers) 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 wiring sheet of Gurevich in view of Guenter having an outer insulating polymer layer silent to a stretchable resin layer with the further comprising a stretchable resin layer that supports the pseudo sheet structure; further comprising a stretchable base material that supports the pseudo sheet structure of Gardner for the purpose of using a known rubber material that increases the dielectric strength of the heater (0018).
With respect to the limitations of claim 5, Gurevich teaches contact fixing members (contact electrodes 15, electro-conductive flexible strips 35). Gurevich in view of Guenter and Gardner discloses the claimed invention except for an elastic modulus at 25 degrees C of the contact fixing members is 5.0×108 Pa or more. However, it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention was made to have an elastic modulus at 25 degrees C of the contact fixing members is 5.0×108 Pa or more, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range of the elastic modulus of the contact fixing members involves only routine skill in the art (see MPEP 2144.04).
With respect to the limitations of claims 9 and 10, Gurevich discloses the claimed invention except for the contact fixing members are at least in a form of a solidified product of a molten resin of the base material; a method of producing the wiring sheet according to claim 9, the method comprising: forming the contact fixing members are formed by at least one method selected from the group consisting of hot press, high-frequency welding, hot-air welding, hot-plate welding, and ultrasonic welding.
However, Guenter discloses the contact fixing members are at least in a form of a solidified product of a molten resin of the base material (Figs 4, 5, carrier strips 3, 0044, 0045, the entire assembly is connected to form a single surface heating element by thermoreactive surface bonding); a method of producing the wiring sheet according to claim 9, the method comprising: forming the contact fixing members are formed by at least one method selected from the group consisting of hot press (Figs 4, 5, carrier strips 3, 0044, 0045, the entire assembly is connected to form a single surface heating element by thermoreactive surface bonding), high-frequency welding, hot-air welding, hot-plate welding, and ultrasonic welding 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 wiring sheet of Gurevich having contact fixing members silent to the method of forming the contact members with the contact fixing members are at least in a form of a solidified product of a molten resin of the base material; a method of producing the wiring sheet according to claim 9, the method comprising: forming the contact fixing members are formed by at least one method selected from the group consisting of hot press, high-frequency welding, hot-air welding, hot-plate welding, and ultrasonic welding of Guenter for the purpose of providing a known bonding method for joining an entire assembly together (0045).
Response to Amendments
Claims 1 and 10 have been amended.
Claims 3, 4 and 6 are cancelled.
Claims 1, 2, 5 and 7-10 are pending.
Response to Arguments
The 101 rejection of claim 10 is withdrawn in view the amendments to claim 10 further defining the method steps.
Applicant's arguments filed Remarks filed on 8/12/2026 have been fully considered but they are not persuasive. The applicant has argued on pages 5-6 about claim 1 that the combination of Gurevich in view of Guenter is improper because the combination would result in a more complex manufacturing and securing of the electrical connections which is contrary to Gurevich’s objective of economical manufacture, the examiner respectfully disagrees. As discloses in the Abstract, Gurevich’s invention is directed to the a soft and flexible thin heating element. The combination of Gurevich in view of wavy-shaped conductive linear bodies and electrodes of Guenter results in a more flexible heater that allows the wiring sheet to be stretched and compressed in a plurality of desired directions and while allowing for several contact points with the heating conductor to be achieved (0019), which enhances Gurevich’s objective of a soft and flexible thin heating element.
The applicant further argues on pages 6-8 that the proposed combination of Gurevich in view of Guenter is improper because they address different problems, Guenter’s connection structure differs from the claimed fixing structure, the combination provides an effect not reasonably expected from the cited references, the examiner respectfully disagrees. Both Gurevich and Guenter are combinable because they are in the same field of endeavor, directed to flat, flexible heating elements. Additionally, the combination is made in view of Gurevich and Guenter, where Gurevich teaches the recited fixing structure and Guenter was added to show that the wavy-shaped conductive linear bodies and electrodes is known in the art and that one of ordinary skill in the art would be motivated to adapt the flat heater of Gurevich with the wavy-shaped conductive linear bodies and electrodes Guenter to provide for an improved heater structure that results in a more flexible heater that allows the wiring sheet to be stretched and compressed in a plurality of desired directions and while allowing for several contact points with the heating conductor to be achieved (0019).
The applicant has argued on page 7 that the Gardner does not cure the deficiencies of Gurevich and Guenter, the examiner respectfully disagrees. Gurevich in of Guenter fully discloses all the limitations of claim 1.
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.
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].
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 9/23/2026
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