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 .
Claims Status:
Claims 1 and 3-10 are pending.
Claim 2 is cancelled.
Claims 1 and 3 are amended.
Claims 1 and 3-10 are examined as follows:
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.
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, 3-5 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pais (US2004/0099654A1) herein set forth as Pais, in view of Olson (US3659077) herein set forth as Olson.
Regarding claim 1, Pais discloses a uniformly-heating system (heating device #10, figs.l-2) for curing concrete [Par.0026 cited: " ... heating device 10 for heating a surface S, which defines a plurality of predetermined areas ... "] comprising:
a plurality of unit heating devices (heaters #22, figs.1-2) each is coupled to an external panel (pad #16 and no-skid pattern #26, fig.1) of a form (refer to heating device #10 in fig.1 can be removed) for concrete manufacturing (Examiner note: “for concrete manufacturing is being interpreted as intended use and is not being given patentable weight) in a in close contact state therewith (referring heating device #10 contacting the ground surface in fig.1); and
a power supply unit (power source #20, fig. 1) that supplies power to the plurality (refer to the three heaters #22 in fig.1) of unit heating devices (heaters #22, fig. 1-2),
wherein the unit heating device (heaters #22, fig. 1-2) comprises: a body housing (body of heating means #12, fig. 1) that is attached to a surface (refer to “S” surface/unit area annotated in fig.1) of the form (refer to heating device #10 in fig.1 can be removed) and has a predetermined unit area (refer to “S” surface/ unit area annotated in fig.1);
a gripping portion (non-skid pattern #26, fig. 1) that is coupled to an upper surface of the body housing (body of heating means #12, fig.1); and
a planar heating heater (bottom surface of heaters #22, fig.1) that is coupled to a lower surface of the body housing (body of heating means 12, fig.1).
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Pais does not disclose wherein the planar heating heater includes a perforation hole formed in a center portion.
In the similar field of heating device for a surface, Olson discloses wherein the planar heating heater (#86-#88 fig.8-10) includes a perforation hole (referring the opening of #86 in fig.8-9) formed in a center portion (refer to the opening of #86 in fig.8-9).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Pais’s heating device with wherein the planar heating heater includes a perforation hole formed in a center portion, as taught by Olson, in order to maintain a distance for between the heater and the surface, such that heat would not over concentrate or reflected back to cause damage to the surface or the heater.
Regarding claim 3, the modification of Pais and Olson discloses substantially all feature set forth in claim 1, Pais does not disclose wherein the perforation hole is formed in a rectangular or elliptical shape.
In the similar field of heating device for a surface, Olson further discloses wherein the perforation hole is formed in a rectangular (refer to fig.8, the shape of opening for #86).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Pais’s heating device with wherein the perforation hole is formed in a rectangular, as taught by Olson, in order to maintain a distance for between the heater and the surface, such that heat would not over concentrate or reflected back to cause damage to the surface or the heater.
Regarding claim 4, the modification of Pais and Olson discloses substantially all features set forth in claim 1. Pais further discloses wherein the planar heating heater (bottom surface of heaters #22, fig.1) comprises:
a conductor (alternating means #14, fig.1 and 2) receiving power from the power supply (power source #20, fig.2);
a heating unit (electrical resistance element #28, fig.1) having a predetermined area (refer to “S2 surface/predetermined area” annotated in fig.1) and generating heat by receiving power from the conductor (power cable #21, fig.1 and 2);
an insulation (#27 and #24 in fig.1) surrounding the heating unit (heater #22, fig.1) and the conductor (alternating means #14, fig.1 and 2); and a heating plate (pad #16, fig.1) located in a lower (refer to lower portion of #24 in fig.1) portion of the insulation (#27 and #24 in fig.1).
Regarding claim 5, the modification of Pais and Olson discloses substantially all features set forth in claim 4, Pais does not disclose wherein the heating unit is formed in a donut shape.
In the similar field of heating device for a surface, Olson further discloses wherein the heating unit is formed in a donut shape (refer to fig.8 and 9, the rectangle #86 has an opening at center, therefore it is a donut shape).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Pais’s heating device with wherein the heating unit is formed in a donut shape, as taught by Olson, in order to maintain a distance for between the heater and the surface, such that heat would not over concentrate or reflected back to cause damage to the surface or the heater.
Regarding claim 8, the modification of Pais and Olson discloses substantially all features set forth in claim 1. Pais does not disclose an insulating member located between the body housing and the planar heating heater.
In the similar field of heating device for a surface, Olson discloses an insulating member (insulating filler #91, fig.9) located between the body housing (thin sheet #93, fig.9) and the planar heating heater (heating wire #89, fig.9).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Pais with an insulating member located between the body housing and the planar heating heater, as taught by Olson. In order to provide average height control, such that such that heat would not over concentrate or reflected back to cause damage to the surface or the heater.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Pais (US2004/0099654A1) herein set forth as Pais, in view of Olson (US3659077) herein set forth as Olson, and further in view of Nagao et al (US6162320) herein set forth as Nagao.
Regarding claiming claim 6, the modification of Pais and Olson discloses substantially all features set forth in claim 1, Pais further discloses wherein the planar heating heater (bottom surface of heaters #22, fig.1) comprises: a lower plate (the bottom plate of #12 in fig.1) having a predetermined area (referring to “S3 surface’ annotated in fig.1); a heating unit (heater #22, fig.1) disposed in the upper portion of the lower plate (the bottom plate of #12 in fig.1) and generating heat by receiving power from the power supply unit (power source #20, fig.1 and 2); and an upper plate (#24, fig.1) located on the upper portion of the heating unit (heater #22, fig.1).
Pais does not disclose made of heat-resistant polyethylene terephthalate (PET) material; and having the same material as that of the lower plate.
In the related field of creating a water and air tight sealing for article, Nagao discloses the use of two polyethylene terephthalate (PET) material for top and bottom to seal an article (refer to Col 7 line 55-57 cited: “…being sandwiched between heat-resistant polyethylene terephthalate resin films 7, 7' (thickness: 25 .mu.m each) thereon …”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Pais’ invention with upper and lower plate to be heat-resistant polyethylene terephthalate (PET) material, as taught by Nagao, in order to provide a better sealing of the invention, such that it would improve the water and air tightness and improve the operational life span of the invention from water penetration.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Pais (US2004/0099654A1) herein set forth as Pais, in view of Olson (US3659077) herein set forth as Olson, further in view of Nagao et al (US6162320) herein set forth as Nagao, and further in view of Kodama et al (US2015/0228391A1) herein set forth as Kodama.
Regarding claim 7, the modification of Pais, Olson and Nagao discloses substantially all features set forth in claim 6, Pais or Nagao does not disclose wherein the heating unit is formed by bending and patterning a wire of stainless steel (STS) material, and an overall shape thereof is formed in a donut shape.
In the similar field of heating device for a surface, Olson further discloses wherein the heating unit is formed in a donut shape (refer to fig.8 and 9, the rectangle #86 has an opening at center, therefore it is a donut shape ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Pais’s heating device with wherein the heating unit is formed in a donut shape, as taught by Olson, in order to maintain a distance for between the heater and the surface, such that heat would not over concentrate or reflected back to cause damage to the surface or the heater.
In the similar field of heater pad, Kodama discloses wherein the heating unit is formed by bending and patterning a wire of stainless steel (STS) material (refer to Paragraph 0029 cited: “…A film-like heater 8, on which a stainless steel wire was arranged, was further placed on the upper part of the wire, and the heater 8 was also fixed thereto with a resin…”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Pais’ invention with a wire of stainless steel (STS) material, as taught by Kodama, in order to provide a better wiring that would not experience corrosion or rusting of the wire and terminal.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Pais (US2004/0099654A1) herein set forth as Pais, in view of Olson (US3659077) herein set forth as Olson, further in view of STEPHENS et al (US2021/0120631A1) herein set forth as STEPHENS.
Regarding claim 9, the modification of Pais and Olson discloses substantially all features set forth in claim 1. Pais does not disclose one or more plate-shaped spring fastening portions each coupled to left and right sides of the body housing and having a fastening state with the form.
In the similar field of fastener used for heating panel, STEPHENS discloses one or more plate-shaped spring fastening portions (#1, fig.1) each coupled to left and right sides (refer to all four of #1 attached location on #2 in fig.1) of the body housing (#2, fig.1) and having a fastening state with the form (refer to Paragraph 0022 cited: “The sleeve 2 is provided with attachment points in the form of grommets 1 that can be used to secure the mat 10 in place upon a supporting surface (e.g., a duck blind or boat). It will be appreciated that numerous and varied attachment points that are well known in this art can be suitably implemented. It will also be appreciated that the number and location of the attachment points can be varied”).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Pais’s invention with one or more plate-shaped spring fastening portions each coupled to left and right sides of the body housing and having a fastening state with the form, as taught by STEPHENS, in order to provide the better secure fastener and connection to the housing body such that would allow a stretching forces to applied to the housing when attached.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Pais (US2004/0099654A1) herein set forth as Pais, in view of Olson (US3659077) herein set forth as Olson, further in view of Clothier et al (US2001/0007323A1) herein set forth as Clothier.
Regarding claim 10, the modification of Pais and Olson discloses substantially all features set forth in claim 1. Pais does not disclose a plurality of magnet portions located on the lower surface of the body housing and spaced apart from each other by predetermined distances.
In the field of heating unit, Clothier discloses the use of magnetic induction heater that each magnetic induction heater has a magnetic core (refer to abstract cited: “Temperature self-regulating food delivery systems are provided having a magnetic induction heater (32, 126) and an associated food container (76, 124) equipped with an essentially permanent ferromagnetic heating element (82, 100, 128). The heater (32, 126) and heating elements (82, 100, 128) are designed so as to heat the element (82, 100, 128) …”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Pais’s heating unit with the use of magnetic induction heater that each magnetic induction heater has a magnetic core, as taught by Clothier, in order to provide a better control heating unit and more energy efficient, such that would reduce the operational cost of the invention.
Response to Amendment
With respect to the Claim Objection: the applicant’s amendment/argument filed on August 14th 2026 that overcame the Claim Objection in the previous office action.
Response to Arguments
Applicant's arguments filed August 14th 2026 have been fully considered but they are not persuasive as the following reasons:
The applicants argue: “…Applicant thus respectfully submits that the proposed combination of Pais and Olson cannot arrive at the claimed invention in the way that this newly defined claimed invention is and does.
Other references, Nagao, Kodama, Stephens, and Clothier, either alone or in combinations, cannot cure the above deficiencies of Pais and Olson, with respect to the claimed "perforation hole formed in a center portion of a planar heating heater."
…”, Remark Page 6.
The examiner's response: The applicant's arguments above are not persuasive.
It is noted that the features upon which applicant relies are not recited in the rejected claim. Although the claims are interpreted in light of the specification, limitation from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993) (refer to MPEP 2145. VI). In this case, the cited limitation is only “a planar heating heater that is coupled to a lower surface of the body housing and that includes a perforation hole formed in a center portion thereof”, the interpretation of such limitation is boarder than what applicant argued, such as perforation hole, may not be a complete through hole that go through the planar heating heater, or the structure of the “planar heating heater” itself are all not restricted to only include what argued. It is suggested that to further amend the argued limitation to better clarified and/or restricting the possible interpretation would make a better and stronger ground for the argument above.
Conclusion
THIS ACTION IS MADE FINAL. 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 YEONG JUEN THONG whose telephone number is (571)272-6930. The examiner can normally be reached Monday - Friday.
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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 5712705095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YEONG JUEN THONG/Examiner, Art Unit 3761 August 26th 2026
/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
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