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 .
Continued Examination Under CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 20th, 2026 has been entered.
Response to Amendment
The amendment filed on August 20th, 2026 has been entered. Claims 1-7 are pending. All rejections and objections not restated herein are withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
PNG
media_image1.png
633
456
media_image1.png
Greyscale
Annotated Figure 1. Fig. 3 from the instant application, annotated to show indirect connection of slot members to housing boards.
Claims 1-7 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the limitation “the top board, the bottom board, the left board, and the right board each have a plurality of spaced slot members defined directly in the top board, the bottom board, the left board, and the right board, respectively” is not supported in the written description or drawings. The phrase “defined directly in” indicates that the slot members are a feature of the boards themselves, such as carved into the boards or molded as one piece with the boards. However, in the drawings, particularly in Fig. 3, the slotted members appear to be present on separate components, which are then attached to the boards. See Annotated Figure 1. If a slot member is said to be defined directly in a board, there should be no other component needed to connect the two elements.
Further, the written description does not support the slot members being directly defined in the boards. Paragraphs [0018-0019] state that “The top board 11, the bottom board 12, the left board 15 and the right board 16 each have a plurality of spaced slot members 17” and “heating device 20 includes a plurality of rectangular plate-shaped heating elements 21 having four sides fastened in the slot members 17 of the top board 11, the bottom 12, the left board 15, and the right board 16 respectively” which are the only descriptions of the slot member positioning with respect to the boards. In these paragraphs, it is understood that the boards each “have” slot members. This is consistent with what is illustrated in Fig. 3 wherein the slot members are attached via bar-shaped components (see Annotated Figure 1). However, there is no mention of the slot members being directly defined within the boards themselves, as in the amended claim. Thus, the limitation is not supported by the written description.
Regarding claims 2-7, these claims are rejected under 35 U.S.C. 112(a) by virtue of their dependence on claim 1.
PNG
media_image2.png
496
777
media_image2.png
Greyscale
Annotated Figure 2. Prior art showing slotted member position in the top, bottom, left, and right housing surfaces, with heating element fastening.
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.
Claims 1 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Hyung (KR 100711513 B1) in view of Chen (US 7,388,176 B2), Freitas (US 2011/0204005 A1), and Pan (CN 106287908 A).
Regarding claim 1, Hyung discloses a heater (Figs. 1-6, “heater 100” [title, abstract]) comprising:
a housing including a top board, a bottom board, a front board, a rear board, a left board, and a right board, wherein the top board, the bottom board, the front board, the rear board, the left board, and the right board form walls of the housing (case 10 is shown to have top, bottom, front, rear, left, and right surfaces [Figs. 1-3, 5-6, section: “TECH-SOLUTION”]);
wherein the bottom board has a plurality of spaced slot members defined in the bottom board (fixing portion 30 has insertion groove 35 of which two are positioned on the bottom of case 10 [Fig. 4, section: “TECH-SOLUTION”]),
and there is one hole at the bottom on each of the left and right boards (Figs. 2 and 3, show the square-shaped air inlets on the left and right surfaces of the case 10, marked by filter net 41, which is present in the holes of case 10 [section: “TECH-SOLUTION”]);
PNG
media_image3.png
900
763
media_image3.png
Greyscale
Annotated Figure 3. Convection device configuration and air flow direction over heating elements from prior art.
a heating device including a plurality of plate-shaped heating elements having four sides fastened in the slot members of the bottom board so that the heating elements are equally spaced in the housing (“woven heating element [20] may be manufactured in a rectangular shape” and “arranged in plurality in parallel at intervals” by inserting them into insertion grooves 35 from the bottom surface of case 10, which aligns with an insertion portion 25 of the edge of the heating elements [Figs. 3 and 4, section: “TECH-SOLUTION”]; see Annotated Figure 2),
and a convection device including two fans, one at the bottom of each side of the heating elements, wherein the fans are disposed in the holes of the left and right board respectively (Figs. 1-3, and 6 show blower 40 installed in the inlet window at the bottom of each of the left and right surfaces of the case 10 [section: “TECH-SOLUTION”]);
and wherein the fans are horizontally aligned with the heating elements (it can be seen from Figs. 2 and 3 that with the alignment of the blowers 40, air would blow across the bottom of the heating elements 20 (shown in a dashed line in Fig. 2) in a horizontal direction; see Annotated Figure 3).
Hyung does not expressly disclose wherein the top board, the left board, and the right board each have a plurality of spaced slot members defined in the top board, the left board, and the right board, and wherein the heating elements are fastened directly into the slot members of the top board, left board, and right board.
Chen teaches a sauna heater (heating device [Figs. 4-8, title, abstract]) which includes a housing with top, left, and right boards which form walls of the housing (covers 50 [Figs. 4 and 5, col. 2, lines 45-47]) and a plurality of plate-shaped heating elements (Figs. 4-8, “plurality of heating boards 41” [col. 2, lines 28-29]).
Chen further teaches a frame (case 40 with transverse bars 48 [Figs. 4 and 5, col. 2, lines 20-21, 45-47]) that is connected to the top board, the left board, and the right board of the housing which has a plurality of spaced slot members (plurality of slits 43 is present on the frame wherein two side covers (designated the front and rear in the description) and the top cover are disposed within the case [Fig. 4, col. 2, line 27]; see Annotated Figure 2).
Chen also teaches a heating device including a plurality of plate-shaped heating elements having four sides fastened into the slot members positioned on the top board, the left board, and the right board (“heating boards 41 being slidably engaged with the slits 43” [Fig. 4, col. 2, lines 28-29]; See Annotated Figure 2).
It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of the slits present within the frame positioned on the top board, the left board, and the right board of the housing disclosed by Chen to modify the housing disclosed by Hyung, adding slits in a frame positioned on the top, left, and right boards. This would have resulted in a structure with slot members on four sides of the housing to secure the plate-shaped heating members. A person of ordinary skill in the art would have recognized that having the heating elements secured on all four sides, rather than just at the bottom as disclosed by Hyung, would result in higher security of the plate, especially in the application of a convective heating device wherein air will be blown over the surface of the heating elements. Further, the presence of the additional slots would not alter the functionality of the heater disclosed by Hyung, and so there is a reasonable expectation of success in securing the heating elements on all four sides in this manner.
While Hyung in view of Chen teaches a housing wherein slot members are present on the top board, bottom board, left board, and right board, the slot members taught by Chen are defined in the frame which is attached to the boards. Thus, while this positions the slot members onto the boards, Hyung in view of Chen does not teach that the slot members are defined directly in the top board, the bottom board, the left board, and the right board.
PNG
media_image4.png
518
427
media_image4.png
Greyscale
Annotated Figure 4. Slot members defined directly in boards, as taught in prior art.
Freitas teaches a shelving unit for a locker (shelving unit 10 [Figs. 1 and 5, 0010]), comprising boards (shelf member 46 and cap member 54 [Fig. 5, 0021, 0025]) with a plurality of equally spaced slot members (slots 50 and 60 [Fig. 5, 0024, 0027]) to house plate-shaped dividers therein (divider 64 [Fig. 6, 0026]). The slot members are defined directly in the boards, and the plate-shaped dividers are fastened directly into the slot members (see Annotated Figure 4). The disclosure of Freitas is analogous to the claimed invention, as both disclosures pertain to a solution for holding vertically-oriented plate-shaped elements in place with equal spacing using slot members.
It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply the teaching of Freitas for slot members defined directly in the boards of a housing and modify the heating device taught by Hyung in view of Chen. Specifically, one would have repositioned the slot members from the top, bottom, left, and right to be defined directly in the boards, as taught by Freitas. One of ordinary skill in the art would have been motivated to make this modification because doing so would allow one to eliminate the need for a frame within the housing, and incorporating fewer components would reduce the weight and cost of the device. Further, one of ordinary skill in the art would have had a reasonable expectation of success in this modification because both references deal with slidably engaged and vertically-oriented plate-shaped elements placed into slot members on a housing.
Hyung does not expressly disclose wherein each of the heating elements include a heating layer, a first insulator layer, two parallel conductive strips, and a second insulator layer; wherein the heating layer is secured onto the first insulator layer for electricity conduction and heat transfer; wherein the first insulator layer is configured to protect the heating layer and transfer heat so that the heating layer is configured to uniformly transfer heat; wherein the conductive strips are secured onto two side of the heating layer respectively and configured to conduct electricity; and wherein the second insulator layer is secured onto the heating layer for achieving thermal insulation.
Chen discloses wherein each of the heating elements include a heating layer (Figs. 6 and 7, “the heating layer 45” [col. 2, line 34]),
a first insulator layer (Figs. 6 and 7, “heating layer 45 is sandwiched between two isolation plates 46” [col. 2, lines 34-35]; the first insulator layer is analogous to the first isolation plate),
two parallel conductive strips (Figs. 6 and 7, “copper portion 47” [col. 2, line 40]; see Annotated Figure 5),
PNG
media_image5.png
658
631
media_image5.png
Greyscale
Annotated Figure 5. Layering structure of plate-shaped heating element from prior art.
and a second insulator layer (Figs. 6 and 7, “heating layer 45 is sandwiched between two isolation plates 46” [col. 2, lines 34-35]; the second insulator layer is analogous to the second isolation plate);
wherein the heating layer is secured onto the first insulator layer for electricity conduction and heat transfer (“The heating layer 45 […] can be printed on the two facing sides of the isolation layers 46” [col. 2, lines 35-37]);
wherein the first insulator layer is configured to protect the heating layer and transfer heat so that the heating layer is configured to uniformly transfer heat (the isolation plates 46 fully cover the heating layer 45 [Fig. 6]; “the heat is transferred via the isolation plates 46” [col. 2, lines 61-62]);
wherein the conductive strips are secured onto two sides of the heating layer respectively and configured to conduct electricity (the conductive strips are copper (copper portion 47) which is known in the art to be electrically conductive; see Annotated Figure 5 for securing position);
and wherein the second insulator layer is secured onto the heating layer for achieving thermal insulation (the heating layer 45 “is sandwiched between two isolation plates 46” [col. 2, lines 34-35]).
It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to substitute the layered heating structure disclosed by Chen for the woven heating structure disclosed by Hyung. The thin, layered heating boards disclosed by Chen allow for evenly dispensed heat and a compact size (discussed in abstract and background). One of ordinary skill in the art would have recognized this, and been motivated to substitute these thin, layered heating boards for the woven heating boards disclosed by Hyung in order to yield a structure that evenly dispenses heat in a compact device, that will heat a room quickly using the convection device disclosed by Hyung. Because the layered heating element structure is known in the art, with an application to sauna heaters with a plurality of heating elements, this simple substitution of one known element for another would achieve predictable results.
Hyung does not expressly disclose that the bottom board has two holes, and a convection device including two fans on an underside of the heating elements wherein the fans are disposed in the holes of the bottom board respectively; and wherein the fans are vertically aligned with the heating elements.
Pan discloses a heater (Figs. 1 and 2, “convection type electric heater” [title, abstract]) comprising a housing with top, bottom, front, rear, left, and right boards (Fig.1 , “shell 01” can be seen to have each of these surfaces [section: “Embodiment 1”), a plurality of heating elements (Fig.1 , “each of the plurality of heat-generating regenerators 02 is provided with an electric heating element 03” [section: “Embodiment 1”]), and a convection device (the device includes forced convection over the heating elements [section: “Embodiment 1”]; discussed in detail below).
Pan further discloses that the bottom board of the housing has two holes (Fig. 1, the bottom of the housing includes an “air intake window 04” with “intake holes 05” [section: “Embodiment 1”]; Fig. 1 shows two air intake windows 04, each with intake holes 05; see Annotated Figure 3),
and a convection device including two fans on an underside of the heating elements (Fig. 1, a “fan 08” is present at the bottom of the housing, underneath heating elements 03 [section: “Embodiment 1”]; Fig. 1 specifically shows two fans; see Annotated Figure 3)
wherein the fans are disposed in the holes of the bottom board respectively (Fig. 1, fan 08 is present in each of the air intake windows 04 [section: “Embodiment 1”]);
and wherein the fans are vertically aligned with the heating elements (see Annotated Figure 3 for air flow direction).
It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to move the convection device with fans at the sides of the heater disclosed by Hyung to the position of the convection device at the bottom of the heater disclosed by Pan. This would result in the heater disclosed by Hyung wherein there are two holes in the bottom surface of the housing, each with a fan present, which will be vertically aligned with the heating elements. A person of ordinary skill in the art would be motivated to do this in order to improve the air flow of the heater disclosed by Hyung. Moving the convection device to the bottom of the housing would allow for the fans to be vertically aligned not only with the heating elements, but also with the air outlet. This would negate the need for the guide plate 60 disclosed by Hyung that controls the direction of the air coming in from the sides of the heater, and instead, the air could flow directly from the bottom to the top of the heater. Because the convection heater with a plurality of heating elements disclosed by Pan is known to have this arrangement in analogous invention, wherein the convection device is at the bottom of the housing vertically aligned with the heating elements, there is a reasonable expectation of success in moving the convection device disclosed by Hyung to the bottom of the housing wherein it will be vertically aligned with the heating elements.
Regarding claim 7, Hyung in view of Chen, Freitas, and Pan (hereinafter referred to as the combination) does not expressly disclose wherein the housing is made of wood.
Chen discloses wherein the housing is made of wood (“The case 40 is made by plastic or wood.” [col. 2, lines 23-24]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have made the housing of the combination device (whose material is not disclosed by Hyung) out of wood. A person of ordinary skill in the art would have been motivated to do this as a safety precaution, as wood is a known thermal insulator and so it would not burn the hands of a user who is trying to handle the device. Because using wood as a housing material is known in the art of sauna heaters, as disclosed by Chen, using wood as the material for the housing of the heater disclosed by Hyung would achieve predictable results.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Hyung (KR 100711513 B1) in view of Chen (US 7,388,176 B2), Freitas (US 2011/0204005 A1), and Pan (CN 106287908 A), and further in view of Soon (KR 101454785 B1) and Woo (KR 2013003566 A).
Regarding claim 2, Hyung in view of Chen, Freitas, and Pan (hereinafter referred to as the combination device) discloses (with citations directed to Hyung) wherein the front board has a display panel (operation panel 70 and display window 71 are present on the front surface of the housing [Figs. 1 and 2, section: “TECH-SOLUTION”]) and an on/off switch (“a button for operating the control unit 60” is present on the operation panel 70 [section: “TECH-SOLUTION”]), wherein the display panel is configured to show temperature (“a display window 71 that can visually check the temperature” [section: “TECH-SOLUTION”]), and wherein the on/off switch is configured to activate or deactivate the heater (“when the button of the operation panel 70 is set to ON, current from an external power source is sequentially supplied to the electrode copper wire 26” which connects to the heating elements [section: “TECH-SOLUTION”]).
The combination device does not expressly disclose wherein the display panel is configured to show time.
Soon discloses a heater (“far-infrared heater” [Fig. 1, title, abstract]) comprising a housing with top, bottom, front, rear, left and right boards (case unit 10 is seen to have each of these surfaces [Figs. 1 and 2, section: “DESCRIPTION-OF-EMBODIMENTS”]) that uses a plurality of heating elements (plurality of unit radiation units 21 [Fig. 3, section: “DESCRIPTION-OF-EMBODIMENTS”]) to heat an area.
Soon further discloses wherein the front board has a display panel (display unit 31 is on the front board of the case unit 10 [Fig. 1, section: “DESCRIPTION-OF-EMBODIMENTS”])
wherein the display panel is configured to show temperature and time (“The display unit displays […] the set temperature and the set time or the remaining operation time” [section: “DESCRIPTION-OF-EMBODIMENTS”]),
It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the time display disclosed by Soon with the display panel of the combination device, which is configured to display the temperature. The time display disclosed by Soon allows users to view the time they have set the heater to operate for or, alternatively, the remaining operation time. Because the combination device is already configured to display the temperature, a person of ordinary skill in the art could add the time display in a manner which would not alter the functionality of the heater. Combining these two elements, which are known in the art of heaters would thus, achieve predictable results.
The combination device does not expressly disclose further comprising two light bars disposed on two sides of the front board respectively.
Woo discloses a heater (“warm air heater” [Figs. 1 and 2, section: “DESCRIPTION-OF-EMBODIMENTS”]) comprising a housing with top, bottom, front, rear, left, and right boards (the housing is shown to have these surfaces [Figs. 1 and 2, section: “DESCRIPTION-OF-EMBODIMENTS”]) and a planar heating element (heating means 21 with planar heating element 32 [Figs. 2a and 3, section: “DESCRIPTION-OF-EMBODIMENT”]) paired with a convection device (inlet hole 14, fan 17, and discharge gap H [Figs. 1 and 2, section: “DESCRIPTION-OF-EMBODIMENT”]).
Woo further discloses two light bars on the top board of the housing (lamp L [Fig. 1, section: “DESCRIPTION-OF-EMBODIMENTS”]).
The combination device, and further in view of Woo does not expressly disclose that the light bars are disposed on two sides of the front board respectively. Specifically, Woo discloses two embodiments in the Figures. In Fig. 1, the lamps L are disposed perpendicularly to one another and in Fig. 2, the lamp L is disposed as a single light bar. Both embodiments show lamps L disposed on the top board of the housing. However, Woo also discloses that these lamps L can be “as many as needed,” “can be of any shape known in the art,” “may be installed in various ways,” and are “not limited by the type or mounting structure” (discussed in section: “DESCRIPTION-OF-EMBODIMENTS”).
It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have combined the light bars disclosed by Woo with the combination device. The function of the heater would not be altered by the presence of the lights, and the lights would function in the same manner installed on the combination device as they do in the heater disclosed by Woo. Combining these two elements which are known in the art would, therefore, achieve predictable results. Further, it is known in the art to have light bars present on heaters and, as disclosed by Woo, these light bars may have a variety of installation shapes or positions. A person of ordinary skill in the art would have recognized that the light bars disclosed by Woo could be installed on either side of the front board of the housing of the heater, and doing so would be an obvious matter of design choice involving the rearrangement of parts which does not modify the operation of the heater. See MPEP 2144.05-VI-C.
Regarding claim 3, Hyung in view of Chen, Freitas, and Pan (hereinafter referred to as the combination device) discloses (with citations directed to Hyung) wherein bottoms of the heating elements are electrically connected to a power supply which is electrically connected to the display panel (electrode copper wire 26 runs vertically along the heating element and connects to power line 27 which runs along both the top and bottom of the heating element and connects to a power source; the operation panel 70, which includes the display window 71, controls the current draw from the power source into power line 27 [Fig. 4, section: “TECH-SOLUTION”]).
Regarding claim 4, Hyung in view of Chen, Freitas, and Pan (hereinafter referred to as the combination device) does not expressly disclose further comprising a remote control electrically connected to the display panel.
Soon discloses further comprising a remote control electrically connected to the display panel (“The input unit may be provided on the remote controller for the sake of convenience” [section: “DESCRIPTION-OF-EMBODIMENTS”]; the control unit 30 includes both the input unit (remote controller) and display unit 31, and so the two are electrically connected).
It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination device with the remote control electrically connected to the display panel disclosed by Soon. One would be motivated to do this “for the sake of convenience,” as disclosed by Soon. A person of ordinary skill in the art would have recognized that a sauna user utilizing the combination device may want a remote control to negate the need to get up to adjust sauna heat settings. Further, a person of ordinary skill in the art would have had the knowledge necessary to implement the remote control into the system of the combination heater. Including a remote control in the combination device would not alter the functionality of the heater. Thus, combining these elements (the heater and the remote control) which are known in the art would achieve predictable results.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Hyung (KR 100711513 B1) in view of Chen (US 7,388,176 B2), Freitas (US 2011/0204005 A1), and Pan (CN 106287908 A), and further in view of Lu (CN 109237593 A).
Regarding claim 5, Hyung in view of Chen, Freitas, and Pan (hereinafter referred to as the combination device) does not expressly disclose wherein the heating layer is implemented as a graphene coating. Specifically, the layered configuration disclosed by Chen includes a heating layer that is implemented as graphite.
Lu discloses a heater (heating room greenhouse instrument 100 [Fig. 3]) comprising a housing with top, bottom, front, rear, left, and right boards (heating house instrument assembly 10 [Fig. 3, section: “Description”]) and a plate-shaped heating element having a layered structure (microcrystalline glass heating panel 11 [Figs. 1 and 3, section: “Description”]);
wherein the heating layer is implemented as a graphene coating (Fig. 1 shows the layered structure of the heating panel wherein the graphene layer 115 generates heat [section: “Description”]).
It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to substitute the graphene heating layer disclosed by Lu for the graphite heating layer disclosed by the combination device. Both graphene and graphite are carbon-based coatings known in the art to conduct heat and emit far-infrared light, as disclosed by Chen and Lu. Additionally, both can be applied in coating methods and thus the substitution would be simple with no alterations to the structure of the heating elements. Because graphene is known in the art of planar heating elements for heaters, this simple substitution of graphene for graphite would achieve predictable results.
Regarding claim 6, Hyung in view of Chen, Freitas, and Pan (hereinafter referred to as the combination device) does not expressly disclose wherein the first insulator layer is made of crystalline glass. Specifically, the layered configuration disclosed by Chen states that the first insulator layer is made of glass fiber.
Lu discloses the wherein the first insulator layer is made of crystalline glass (Fig. 1 shows the layered structure of the heating panel wherein the microcrystalline glass layer 111 is the insulative layer [section: “Description”]).
It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to substitute the microcrystalline glass layer disclosed by Lu for the glass fiber layer disclosed by the combination device. Microcrystalline glass has a higher “mechanical strength […] than common glass, good thermal stability, [and] good electric insulation performance” (J.J. Lu, section: “Description”), all of which are key elements to have in the first insulator layer. Because microcrystalline glass is a known insulator layer in the art of layered planar heating elements for heaters, this simple substitution of microcrystalline glass for glass fiber would achieve predictable results.
Response to Arguments
Applicant’s arguments with respect to claim 1 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.
The Examiner acknowledges the amendments that have been made to claim 1, regarding the specificity of the boards defining the walls of the housing and the slot members being defined directly in the top board, bottom board, left board, and right board. However, Applicant asserts (in Remarks, page 2) that these amendments have support from the specification in paragraph 0019 and Fig. 3. The Examiner acknowledges that support can be found in the specification and drawings for the amendment “the top board, the bottom board, the front board, the rear board, the left board, and the right board form walls of the housing”. However, while paragraphs [0018-0019] disclose that the boards have slot members, it is not stated that the slot members are defined directly in the boards. Further, Fig. 3 shows the slot members as being separate components that are attached to the boards, not directly defined within the boards. It appears that the slots are instead defined in bar-shaped components, which are then mounted onto the boards (see Annotated Figure 1). Thus, the amendment “a plurality of spaced slot members defined directly in the top board, the bottom board, the left board, and the right board” does not have support in the specification, nor the drawings. Please see the 35 U.S.C. 112(a) rejection of claim 1 for further detail.
The applicant argues that Chen does not teach, suggest, or disclose that the top board, left board, and right board, as they are defined by the new amendment of claim 1, comprise slot members (Remarks page 2). The Examiner agrees with the Applicant’s remarks on pages 3-4 that the amendment to claim 1 regarding the definition of the boards of the housing excludes the transverse bars (48) disclosed by Chen as being part of the boards. Thus, Chen would not disclose the boards (which would include only the cover (50) per the amendment) comprising slot members. However, Chen teaches slot members to hold heating elements on their top, left, and right sides in a heater, and further prior art (Freitas) teaches that slot members may be formed directly in boards of a housing. See 35 U.S.C. 103 rejection of claim 1 above for further detail.
Applicant further argues that no other references in the Final Rejection teach slot members directly defined in the top board, bottom board, left board, and right board, as defined in the amendment to claim 1. The Examiner agrees that none of Hyung, C.S. Chen, Pan, Soon, Woo, Lu, or Y.F. Chen disclose the slot members as defined in the amended claim. However, the new grounds of rejection does not rely solely on these references and uses the teaching of Freitas for boards comprising slot members directly defined therein. See 35 U.S.C. 103 rejection of claim 1 above for further detail.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARISSA RAE BOSS whose telephone number is (571)270-0274. The examiner can normally be reached 8:00am-5:00pm.
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, Ibrahime Abraham can be reached at (571)270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARISSA RAE BOSS/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
Prosecution Insights