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 as failing to comply with 37 CFR 1.84(p)(4) because reference character “102” has been used to designate both “a heating element” and “a flat profile heating element” or “one or more heating elements” or “another heating element” or “multiple heating elements” or “integrated heating element(s)”. 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. 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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are: “a component” in claim 22.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Paragraph [0053] discloses in various embodiments, sections 1010 can be molded to have shapes, sizes, and configurations for various predetermined applications. In other words, the sections 1010 (e.g., the substrate layer 106) can be molded to have a shape, size, and configuration to closely conform to the shape, size and configuration of the components to be enclosed or encased in the protective insulation 104. In particular, the inner surface 107 of a section 1010 can closely conform to the exterior surface of the component to be encased and protected. For instance, the example molded section 1010A at FIG. 16 can be applied to cover a valve and the example molded section 1010B at FIG. 19 can be applied to cover a 90 degree elbow. The two examples shown at FIGS. 16 and 19 are molded to be applied to two predetermined applications, and are but two examples of a multitude of possible example molded sections 1010, each with potentially unique shapes, sizes, and configurations. In other words, molded sections 1010 can be fully customized to meet unique specifications. Unique customization also includes customized support infrastructure embedded within each section 1010, to support the heating element(s) 102 and for control, data, power, and so forth. As shown at FIGS. 16-21, molded sections 1010 can include wires 1602 (or other conductors, data lines, control lines, fiber optics, shielding, ground planes, etc.) and cable management components 1604 (e.g., bands, clamps, couplers, looms, etc.) embedded within or between layers of the substrate 106 and/or the protective layer 108, as well as couplers 1606 and connectors. In some cases, communication components (e.g., transmitters and/or receivers, modems, repeaters, amplifiers, global positioning satellite (GPS) components, etc.), sensors, instrumentation, and the like may also be included within sections 1010. Embedding the aforementioned components can provide protection from the elements and provide easy access within and from the outer surface 109 (using connectors 1608, for example). As mentioned above, couplers 408 at the ends of the sections 1010 can be joined by joining the sections 1010 end-to-end in a modular fashion.
Paragraph [0058] discloses in an embodiment, the process includes molding the substrate layer such that the inner surface conforms to a component to be encased within the substrate layer. For instance, the substrate layer could be molded so that the inner surface closely conforms to the shape and size of a straight pipe, an elbow pipe, a valve, a tank, and so forth. In an example, the heating element is integrated to the substrate layer during manufacturing of the substrate layer. This allows the heating element to be installed to the component to be encased within the substrate layer as the substrate layer is installed to the component (a one-step installation process). Thus, the integration of the heating element (and its associated infrastructure) to the substrate layer reduces the technical skills needed at installation, including the need for an electrician.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 7-9 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 7 recites the limitation "the substrate" at line in the claim. There is insufficient antecedent basis for this limitation in the claim.
Claims 8 and 9 are also rejected because they depend on a rejected claim 7.
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 1-5, 7-15 and 21-26 are rejected under 35 U.S.C. 103 as being unpatentable over Song (US 20120125913) in view of Hidano et al. (US 5,506,389).
Regarding claims 1 and 21, Song discloses a protective insulating system (See figure 4, i.e. called an apparatus for heating a pipe) and a method (abstract; i.e. a process) of claim 21 (i.e. similar features) comprising:
an insulating substrate layer 18, 34 (fig. 2, i.e. called an insulation pad/mat) having a predetermined thickness and a predetermined density, the substrate layer (18) having an outer surface (not labeled, see figure 2) and an inner surface (not labeled) that defines a thickness of the substrate layer (see figure 2); and
a first heating element 16 (fig. 2, i.e. a heating wire) adhered or affixed (i.e. stitched and fixed) to the outer surface or the inner surface (not labeled) of the substrate layer (18) or embedded within the substrate layer (¶ 0004, 0039, 0042).
Song discloses all the limitations of the claimed invention as set forth above, except for the insulating substrate layer having a predetermined thickness and a predetermined density.
However, Hidano teaches the insulating substrate layer 10 (fig. 2, i.e. called an insulating member) having a predetermined thickness and a predetermined density (10B, 10B) (col. 7, lines 21-39).
The combination of references are analogous art because they are from the problem-solving area of an insulating member/substrate. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Song and Hidano before him or her, to include such predetermined dimension and density of Hidano because it intends to increase the insulation whilst restraining any further increase in the overall weight. The suggestion/motivation for doing so would have been obvious because it enables an improvement in the practicability of the process and a reduction in fabrication time (col. 2, lines 1-2).
With respect to claim 2, Song in view of Hidano discloses the limitations of the claimed invention as set forth above of which Song further discloses one or more additional heating elements (see figure 2) electrically coupled in series or in parallel (see figure 2) with the first heating element (16) (¶ 0034).
With respect to claim 3, Song in view of Hidano discloses the limitations of the claimed invention as set forth above of which Song further discloses a protective layer 22 (fig. 2, i.e. called a cover jacket) surrounding the substrate layer (18) (¶ 0045).
With respect to claim 4, Song in view of Hidano discloses the limitations of the claimed invention as set forth above of which Song further discloses wherein the protective layer (22) adheres to the outer surface of the substrate layer (18) (see figure 4) (¶ 0052).
With respect to claim 5, Song in view of Hidano discloses the limitations of the claimed invention as set forth above of which Song further discloses wherein the protective layer (14) adheres to the inner surface of the substrate layer (18).
With respect to claim 7, Song in view of Hidano discloses the limitations of the claimed invention as set forth above of which Song further discloses a first protective polymer layer (14) that coats at least part of the inner surface of the substrate (18).
With respect to claim 8, Song in view of Hidano discloses the limitations of the claimed invention as set forth above of which Song further discloses wherein the first heating element (16) is adhered to or affixed to the first protective polymer layer (14) (¶ 0039, 0043).
With respect to claim 9, Song in view of Hidano discloses the limitations of the claimed invention as set forth above of which Song further discloses wherein the first heating element (16) is coated with a second protective polymer layer (¶ 0011).
With respect to claim 10, Song in view of Hidano discloses the limitations of the claimed invention as set forth above of which Song further discloses wherein the first heating element (16) is coated with a protective polymer layer (¶ 0011).
With respect to claim 11, Song in view of Hidano discloses the limitations of the claimed invention as set forth above of which Hidano further discloses one or more electrical connectors 16 (fig. 7, i.e. terminal plates) embedded into the substrate layer (10, i.e. called an insulating member).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Song and Hidano before him or her, to include such connector(s)/terminal(s) of Hidano because the terminal plates are arranged in such a manner that plate surfaces thereof are aligned along the axial direction of the insulating member. The suggestion/motivation for doing so would have been obvious because it improves the accuracy of the pitch at which the heating resistance element is arrayed (col. 5, lines 35-36).
With respect to claim 12, Song in view of Hidano discloses the limitations of the claimed invention as set forth above of which Hidano further discloses one or more electrical connectors (16) disposed within a groove (S, i.e. slit-shaped spaces) or a pocket in the substrate layer (10).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Song and Hidano before him or her, to include such connector(s)/terminal(s) arrangement of Hidano because the terminal plates are arranged in such a manner that plate surfaces thereof are aligned along the axial direction of the insulating member. The suggestion/motivation for doing so would have been obvious because it improves the accuracy of the pitch at which the heating resistance element is arrayed (col. 5, lines 35-36).
With respect to claim 13, Song in view of Hidano discloses the limitations of the claimed invention as set forth above of which Hidano further discloses one or more electrical conductors 9a, 9b (fig. 8, i.e. called cut ends) embedded into the substrate layer (10).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Song and Hidano before him or her, to include such conductor(s) arrangement of Hidano because the terminal plates are arranged in such a manner that plate surfaces thereof are aligned along the axial direction of the insulating member. The suggestion/motivation for doing so would have been obvious because it improves the accuracy of the pitch at which the heating resistance element is arrayed (col. 5, lines 35-36).
With respect to claim 14, Song in view of Hidano discloses the limitations of the claimed invention as set forth above of which Hidano further discloses one or more electrical conductors 9a, 9b (fig. 8, i.e. called cut ends) disposed within a groove (i.e. between the cut ends) or a pocket in the substrate layer (10).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Song and Hidano before him or her, to include such conductor(s) arrangement of Hidano because the terminal plates are arranged in such a manner that plate surfaces thereof are aligned along the axial direction of the insulating member. The suggestion/motivation for doing so would have been obvious because it improves the accuracy of the pitch at which the heating resistance element is arrayed (col. 5, lines 35-36).
With respect to claim 15, Song in view of Hidano discloses the limitations of the claimed invention as set forth above of which Hidano further does not discloses specifically wherein the substrate layer (10) comprises a light-weight foam material having a density of between 1 to 10 pounds per cubic foot (col. 7, lines 28-39).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Song and Hidano before him or her, to include such material density values of Hidano it intends to increase the insulation whilst restraining any further increase in the overall weight. The suggestion/motivation for doing so would have been obvious because it reduces the amount of heat required, and thus enable efficient heating (col. 1, lines 29-30). Furthermore, it is considered an inherent property of such insulating material.
With respect to claim 22, Song in view of Hidano discloses the limitations of the claimed invention as set forth above of which Song further discloses molding the substrate layer 18, 34 (fig. 2, i.e. called an insulation pad/mat) such that the inner surface conforms to a component (12, i.e. a pile line) to be encased within the substrate layer (18, 34) (¶ 0062).
With respect to claim 23, Song in view of Hidano discloses the limitations of the claimed invention as set forth above of which Song further discloses applying a first protective polymer layer 22 (fig. 2, i.e. called a cover jacket) over the substrate (18, 34) and the first heating element (16).
With respect to claim 24, Song in view of Hidano discloses the limitations of the claimed invention as set forth above of which Song further discloses applying a second protective polymer layer (¶ 0011) between the substrate (18, 34) and the first heating element (16).
With respect to claim 25, Song in view of Hidano discloses the limitations of the claimed invention as set forth above of which Hidano further discloses disposing one or more electrical conductors 9a, 9b (fig. 8, i.e. called cut ends) within the substrate (10) or within a groove (i.e. between the cut ends) or a pocket in the substrate (10), and coupling the one or more electrical conductors to the first heating element (9).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Song and Hidano before him or her, to include such conductor(s) arrangement of Hidano because the terminal plates are arranged in such a manner that plate surfaces thereof are aligned along the axial direction of the insulating member. The suggestion/motivation for doing so would have been obvious because it improves the accuracy of the pitch at which the heating resistance element is arrayed (col. 5, lines 35-36).
With respect to claim 26, Song in view of Hidano discloses the limitations of the claimed invention as set forth above of which Song further discloses wherein the substrate 18, 34 (fig. 2, i.e. called an insulation pad/mat) is a first substrate, and further comprising providing a second substrate (18, i.e. the same reference number for the elbow-shaped section) and coupling the one or more electrical conductors (¶ 0066-0067, 36, i.e. connectors) of the first substrate (18) to one or more electrical conductors (36, i.e. connectors, see figure 5) of the second substrate (18) and a second heating element integrated with the second substrate, via a first coupler (32 i.e. connection jack) embedded at the first substrate (18) and a second coupler (32 i.e. connection jack same reference number )embedded at the second substrate (18) (¶ 0058-060).
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Song (US 20120125913) in view of Hidano et al. (US 5,506,389) as applied to claim 3 above, and further in view of Lindsey (US 20120060407).
Regarding claim 6, Song in view of Hidano et al. discloses all the limitations of the claimed as set forth above, except for wherein the protective layer comprises a polyurea material capable of being sprayed while in a liquid state and curing to a solid state.
However, Lindsey teaches wherein the protective layer (306) comprises a polyurea material capable of being sprayed while in a liquid state and curing to a solid state (¶ 0033, 0039).
The combination of references are analogous art because they are from the problem-solving area of protective layer and/or coating. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Song in view of Hidano and Lindsey before him or her, to include such protective coating material of Lindsey because an insulating layer disposed between the heating film and the interior surface of the enclosure. The suggestion/motivation for doing so would have been obvious because the polymer layer can be thin enough to allow conduction of the heat through the polymer layer and not providing a significant insulation to the heating element (¶ 0033).
Claim(s) 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Song (US 20120125913) in view of Hidano et al. (US 5,506,389) and Hauschulz et al. (US 5,714,738).
Regarding claim 16, Song in view of Hidano et al. discloses all the limitations of the claimed as set forth in claim 1 (similar features), except for a protective polymer layer that coats the substrate and the first heating element.
However, Hauschulz teaches a protective polymer layer 36 (fig. 3-4, i.e. called a jacket) that coats the substrate (34) and the first heating element (40) (abstract; col. 8, lines 46- col. 9, lines 13).
The combination of references are analogous art because they are from the same field of endeavor of a flexible insulated heater. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Song in view of Hidano and Hauschulz before him or her, to include such protective layer/coat of Hauschulz because it provides a heater for two dimensional or three dimensional curved surfaces that transfers heat radially inwardly to the piping component being heated while insulating against transfer of heat radially outward to minimize the outside surface temperature of the heater and prevent bums to persons who may touch the heater. The suggestion/motivation for doing so would have been obvious because it minimizes the outside surface temperature of the heater and prevent bums to persons who may touch the heater (col. 5, lines 45-49).
With respect to claim 17, Song in view of Hidano and Hauschulz discloses the limitations of the claimed invention as set forth above of which Hidano further discloses one or more electrical conductors 9a, 9b (fig. 8, i.e. called cut ends) disposed within the substrate (10) and configured to have access to an exterior of the substrate (10).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Song in view of Hidano and Hidano before him or her, to include such conductor(s) arrangement of Hidano because the terminal plates are arranged in such a manner that plate surfaces thereof are aligned along the axial direction of the insulating member. The suggestion/motivation for doing so would have been obvious because it improves the accuracy of the pitch at which the heating resistance element is arrayed (col. 5, lines 35-36).
With respect to claim 18, Song in view of Hidano and Hauschulz discloses the limitations of the claimed invention as set forth above of which Hidano further discloses one or more electrical connectors 16 (fig. 7, i.e. terminal plates) disposed within the substrate (10, i.e. called an insulating member) or within a groove or a pocket in the substrate.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Song in view of Hidano and Hidano before him or her, to include such connector(s)/terminal(s) of Hidano because the terminal plates are arranged in such a manner that plate surfaces thereof are aligned along the axial direction of the insulating member. The suggestion/motivation for doing so would have been obvious because it improves the accuracy of the pitch at which the heating resistance element is arrayed (col. 5, lines 35-36).
With respect to claim 19, Song in view of Hidano and Hauschulz discloses the limitations of the claimed invention as set forth above of which Song further discloses wherein the first heating element (16) is adhered to or affixed to the substrate (18).
With respect to claim 20, Song in view of Hidano and Hauschulz discloses the limitations of the claimed invention as set forth above of which Song further discloses wherein the first heating element 16 (fig. 2, i.e. a heating wire) is embedded into the substrate (18) (¶ 0004, 0039, 0042).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. (US 20160146393). Kikuchi (US 4,287,245). Quigley et al. (US 20090107558).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KET D DANG whose telephone number is (571)270-7827. The examiner can normally be reached Monday - Wednesday 7:30 AM - 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven W. 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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/KET D DANG/Examiner, Art Unit 3761
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761