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 § 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.
Claim 16 is 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 16, lines 2-3 recites “the surface area of said power connection section”. There is insufficient antecedent basis for this limitation in the claim.
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, 8, 10-13 and 18-20 are rejected under 35 U.S.C. 103 as being obvious over Chen (CN213756746) in view of Duan (CN211241808), Choi (KR101974314) and Elliff (US 2022/0287394) as evidenced by Xu (CN209126565). An English machine translation of Duan (CN211241808) and Xu (CN209126565) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 1, Chen teaches an electrical heating panel structure (Figs 1, 2, top body 8, back placket 2, 0022) for heated wearables, comprising a heating panel structure (back placket 2) having an integrally formed power connection section (Figs 1-4, pocket 16, waterproof box 18, 0024) and a heating wire section (heating elements 12-15, 0022), said power connection section containing power leads connected to input ends of heating wires (Figs 2, 4, wiring port 19, 0024, input ends of the first heating element 12, the second heating element 13, the third heating element 14, and the fourth heating element 15 are all electrically connected to the output end of the battery inside the terminal 19 via wires) to heating wires disposed in a pattern (12-15) in said heating wire section (Fig 3, outer fabric 9, inner lining fabric 10, 0023); said power connection section being formed of selected fabrics interconnected together to form an air-tight non-breathable, fireproof and waterproof impermeable enclosure (pocket 16, waterproof box 18, 0024, 0025) for said power leads connections.
Chen discloses the claimed invention except for said input ends being electrically shielded by non-electrically conductive sleeves, said power connection section being formed of selected fabrics that are fireproof; the heating wire section is a breathable heating wire section having laminated breathable fabric sheets bonded together and, between which a pattern of said heating wire is secured, having moisture wicking and shedding properties to provide comfort to a wearer person.
However, Duan discloses said input ends being electrically shielded by non-electrically conductive sleeves (Figs 1, 2, waterproof power cord 3, external plug 4, waterproof component 6, sealing ring 62, 0029, where waterproof components are known to be made of polymers that are non-electrically conductive, as evidenced by Xu, 0029, PVC waterproof connector 4) 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 electrical heating panel structure of Chen having heating wire sections silent to shielded input ends with said input ends being electrically shielded by non-electrically conductive sleeves of Duan for the purpose of providing a known sleeve configuration that prevents water intrusion (0017), thereby preventing damage of the heaters.
Additionally, Choi discloses said section being formed of selected fabrics that are fireproof (flame retardant fiber 302b, 0066) 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 electrical heating panel structure of Chen in view of Duan having a power connection section with said section being formed of selected fabrics that are fireproof of Choi for the purpose of providing a known fabric configuration that prevents a fire cause by overheating, thereby improving the overall safety of the device.
Moreover, Elliff discloses the heating wire section is a breathable heating wire section (Figs 2-3, upper section 16, heated jacket system 20, 0039) having laminated breathable fabric sheets bonded together and, between which a pattern of said heating wire is secured, having moisture wicking and shedding properties (0039, the laminate maybe waterproof/ windproof breathable) to provide comfort to a wearer person 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 electrical heating panel structure of Chen in view of Duan and Choi having an inner and outer waterproof fabric layer (Chen, 0023) silent to the recited breathable fabric with the heating wire section is a breathable heating wire section having laminated breathable fabric sheets bonded together and, between which a pattern of said heating wire is secured, having moisture wicking and shedding properties to provide comfort to a wearer person of Elliff for the purpose of providing a known laminated fabric configuration that is waterproof and breathable for adapting to various adverse weather conditions (0039, 0040), thereby improving the overall versality of the heating device.
With respect to the limitations of claims 2, 10, 13 and 18, Chen in view of Choi and Elliff discloses said heating wires are formed of carbon fiber conductive wires, copper alloy wires or other suitable conductive heating wire materials (Chen, heating elements 12-15), said laminated breathable fabric sheets being treated with a fire-retardant product solution (Choi, flame retardant fiber 302b);
an outer one of said laminated breathable fabric sheets is a fleece material sheet (Elliff, 0043, fleece).
With respect to the limitations of claims 8 and 11, Chen discloses said heating panel structure and power connection section is a rectangular shape heating panel (see figures 1, 2). Chen in view of Choi and Elliff discloses the claimed invention except for said power connection section being formed in an uppermost portion of said rectangular shaped heating panel; said heating panel structure defines an inner surface and an outer surface, said inner surface having a color representative of a body heating surface, said outer surface having a color representative of a cooler outer surface whereby to facilitate the securement of said electrical heating panel in heated wearables. 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 said power connection section being formed in an uppermost portion of said rectangular shaped heating panel; said heating panel structure defines an inner surface and an outer surface, said inner surface having a color representative of a body heating surface, said outer surface having a color representative of a cooler outer surface whereby to facilitate the securement of said electrical heating panel in heated wearables, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable power connection section location and surface color configuration involves only routine skill in the art (see MPEP 2144.04).0
With respect to the limitations of claim 12, Chen teaches an electrically heated wearable having at least one heating panel (Figs 1, 2, top body 8, back placket 2, 0022), the heating panel being integrally formed of a power connection section (Figs 1-4, pocket 16, waterproof box 18, 0024) and a heating wire section (heating elements 12-15, 0022), said power connection section containing power leads connected to input ends of heating wires disposed in a pattern (12-15) in said heating wire section (Figs 2, 4, wiring port 19, 0024, input ends of the first heating element 12, the second heating element 13, the third heating element 14, and the fourth heating element 15 are all electrically connected to the output end of the battery inside the terminal 19 via wires); said power connection section being formed of selected fabrics interconnected together to form an air-tight non-breathable fireproof and waterproof impermeable enclosure (pocket 16, waterproof box 18, 0024, 0025) for said power leads connections.
Chen discloses the claimed invention except for said input ends being electrically shielded by non-electrically conductive sleeves, said power connection section being formed of selected fabrics that are fireproof; the heating wire section is a breathable heating wire section having laminated breathable fabric sheets bonded together and, between which a pattern of said heating wire is secured, said breathable heating wire section having moisture wicking and shedding properties to provide comfort to a wearer person.
However, Duan discloses said input ends being electrically shielded by non-electrically conductive sleeves (Figs 1, 2, waterproof power cord 3, external plug 4, waterproof component 6, sealing ring 62, 0029, where waterproof components are known to be made of polymers that are non-electrically conductive, as evidenced by Xu, 0029, PVC waterproof connector 4) 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 electrically heated wearable having an electrical heating panel structure of Chen having heating wire sections silent to shielded input ends with said input ends being electrically shielded by non-electrically conductive sleeves of Duan for the purpose of providing a known sleeve configuration that prevents water intrusion (0017), thereby preventing damage of the heaters.
Additionally, Choi discloses said section being formed of selected fabrics that are fireproof (flame retardant fiber 302b, 0066) 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 electrically heated wearable having an electrical heating panel structure of Chen in view of Duan having a power connection section with said section being formed of selected fabrics that are fireproof of Choi for the purpose of providing a known fabric configuration that prevents a fire cause by overheating, thereby improving the overall safety of the device.
Moreover, Elliff discloses the heating wire section is a breathable heating wire section (Figs 2-3, upper section 16, heated jacket system 20, 0039) having laminated breathable fabric sheets bonded together and, between which a pattern of said heating wire is secured, said breathable heating wire section having moisture wicking and shedding properties (0039, the laminate maybe waterproof/ windproof breathable) to provide comfort to a wearer person 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 electrically heated wearable having an electrical heating panel structure of Chen in view of Duan and Choi having an inner and outer waterproof fabric layer (Chen, 0023) silent to the recited breathable fabric with the heating wire section is a breathable heating wire section having laminated breathable fabric sheets bonded together and, between which a pattern of said heating wire is secured, said breathable heating wire section having moisture wicking and shedding properties to provide comfort to a wearer person of Elliff for the purpose of providing a known laminated fabric configuration that is waterproof and breathable for adapting to various adverse weather conditions (0039, 0040), thereby improving the overall versality of the heating device.
With respect to the limitations of claims 19 and 20, Chen teaches said electrically heated wearable is a body heating wearable having a rear fabric panel and opposed frontal right and left side fabric panels, there being two of said heating panel structures retained side-by-side in said rear fabric panel and one of said heating panel structure in each said opposed right and left front fabric panels, and a portable battery supply connected to said power leads (see figures 1, 2); said heated wearable is a body covering wearable which is one of a jacket, vest and coat (see figures 1, 2).
Claims 3 and 14 are rejected under 35 U.S.C. 103 as being obvious over Chen (CN213756746) in view of Duan (CN211241808), Choi (KR101974314) and Elliff (US 2022/0287394) as applied to claims 1 and 12, further in view of Hasegawa (JP H1112369). An English machine translation of Hasegawa (JP H1112369) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 3, Chen in view of Duan, Choi and Elliff discloses said laminated breathable fabric sheets are bonded together by an adhesive film with said pattern of said heating wire secured to an inner surface of one of said breathable fabric sheets (Elliff, 0039). Chen in view of Choi and Elliff discloses the claimed invention except for the adhesive a perforated adhesive film.
However, Hasegawa discloses the adhesive a perforated adhesive film (0005, 0006) 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 electrical heating panel structure of Chen in view of Duan, Choi and Elliff having an adhesive silent to a perforated adhesive with the perforated adhesive film of Hasegawa for the purpose of providing a known perforated adhesive film that functions as a breathable adhesive member (0005).
Claim 14 is similarly rejected as set forth in the rejection of claim 3 above.
Claims 4 and 15 are rejected under 35 U.S.C. 103 as being obvious over Chen (CN213756746) in view of Duan (CN211241808), Choi (KR101974314) and Elliff (US 2022/0287394) as applied to claims 1 and 12, further in view of Wang (CN104687459). An English machine translation of Wang (CN104687459) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations claim 4, Chen in view of Duan, Choi and Elliff discloses the claimed invention except for the lamination of fabrics containing aramid fibers. However, Wang discloses lamination of fabrics containing aramid fibers (aramid fiber) 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 electrical heating panel structure of Chen in view of Duan, Choi and Elliff having a power connection section of laminated fabrics silent to aramid fiber with the lamination of fabrics containing aramid fibers of Wang for the purpose of using a known fabric material that is flame and fire resistant (0008), thereby improving the overall safety of the device.
Claim 15 is similarly rejected as set forth in the rejection of claim 4 above.
Claims 5 and 16 are rejected under 35 U.S.C. 103 as being obvious over Chen (CN213756746) in view of Duan (CN211241808), Choi (KR101974314) and Elliff (US 2022/0287394) as applied to claims 1 and 12, further in view of Betkowski (US 2020/0404987).
With respect to the limitations of claim 5, Chen discloses said breathable heating wire section has a surface area which is at least three times larger than a surface area of said power connection section (see figures 1, 2). Chen in view of Duan, Choi and Elliff discloses the claimed invention except for there is further provided a temperature sensor held captive in each said power leads connection section and said breathable heating wire section to feed sensed temperature signals to a controller associated with said electrical heating panel structure. However, Betkowski discloses there is further provided a temperature sensor held captive in each said power leads connection section and said breathable heating wire section to feed sensed temperature signals to a controller associated with said electrical heating panel structure (Fig 8, pocket 58, microcontroller 82, temperature sensor 83, heater pad member 72, 0047, 0048) 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 electrical heating panel structure of Chen in view of Duan, Choi and Elliff silent to the recited controller, temperature sensor with there is further provided a temperature sensor held captive in each said power leads connection section and said breathable heating wire section to feed sensed temperature signals to a controller associated with said electrical heating panel structure of Betkowski for the purpose of providing a known temperature sensor /controller configuration that can regulate the current supply that is output on lines to the heater wire and thereby maintain a selected temperature (0048).
Claim 16 is similarly rejected as set forth in the rejection of claim 5 above.
Claim 7 is rejected under 35 U.S.C. 103 as being obvious over Chen (CN213756746) in view of Duan (CN211241808), Choi (KR101974314) and Elliff (US 2022/0287394) as applied to claim 1, further in view of Wang (US 2022/0160540).
With respect to the limitations of claim 7, Chen in view of Duan, Choi and Elliff discloses the claimed invention except for said power leads are formed of copper wires, said power leads being connected to a portable battery supply having a rating from about 3 to 20 volts dc generating power in the range of from about 5 to 100 watts.
However, Wang discloses said power leads are formed of copper wires (0076, copper), said power leads being connected to a portable battery supply rated in the range of from about 3 to 20 volts dc (0092, 7.4-15V) generating power in the range of from about 5 to 100 watts (0087, 50-100 watts) 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 electrical heating panel structure of Chen in view of Duan, Choi and Elliff silent to the recited voltage and wattage with said power leads are formed of copper wires, said power leads being connected to a portable battery supply rated in the range of from about 3 to 20 volts dc generating power in the range of from about 5 to 100 watts of Wang for the purpose of providing a known power source configuration that is suitable for fast heat ramp of the heating pad (0092).
Claims 9 and 17 are rejected under 35 U.S.C. 103 as being obvious over Chen (CN213756746) in view of Duan (CN211241808), Choi (KR101974314) and Elliff (US 2022/0287394) as applied to claims 1, 12 and 14, further in view of Park (KR20170006021). An English machine translation of Park (KR20170006021) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 9, Chen in view of Duan, Choi and Elliff discloses the claimed invention except for the sections are treated with a coating of one of or a combination of an anti-static product solution, an anti-bacterial product solution and antimicrobial product solution. However, Park discloses the sections are treated with a coating of one of or a combination of an anti-static product solution, an anti-bacterial product solution and antimicrobial product solution (0034, 0100, antibacterial agent) 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 electrical heating panel structure of Chen in view of Choi and Elliff silent to an anti-bacterial product solution with the sections are treated with a coating of one of or a combination of an anti-static product solution, an anti-bacterial product solution and antimicrobial product solution of Park for the purpose of using a known material that prevents a buildup of bacteria on the heating panel.
Claim 17 is similarly rejected as set forth in the rejection of claim 9 above.
Response to Amendments
Claims 1, 5, 7 and 12 have been amended.
Claim 6 is cancelled.
Claims 1-5 and 7-20 are pending.
Response to Arguments
The 112 U.S.C. 112 (b) rejection of claims 1, 5, 7, and 12 have been withdrawn in view of the claim amendments.
However, the 112 U.S.C. 112 (b) of claim 16 has not been withdrawn because claim 16 has not been amended to corrected the antecedent basis issue.
Applicant’s arguments with respect to claims 1-5 and 7-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
With respect to the applicant’s argument on pages 11-12 about claims 1 and 12 and Chen not disclosing the amended limitations of “an electrical panel structure integrally formed by a power connecting section and a breathable heating wire section”, the examiner respectfully disagrees because the heated wearable of Chen has front and back panel (Figs 1, 2, top body 8, back placket 2, 0022) where a power connecting section (Figs 1-4, pocket 16, waterproof box 18, 0024) and heating wire section (heating elements 12-15, 0022) are integrally formed as set forth in the rejection of claims 1 and 12 above.
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].
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 3/24/2026