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 .
Drawings
The drawings are objected to because:
Figure 1 should include hatching to indicate section portions of an object. Hatching must be made by regularly spaced oblique parallel lines spaced sufficiently apart to enable the lines to be distinguished without difficulty. See 37 CFR 1.84(h)(3) and 1.84(n).
Figure 7 includes reference characters within parentheses. See 37 CFR 1.84(p)
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the tag recognition unit, code assigning unit, and temperature collection unit must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because line 2 of the abstract recites the limitation "the temperature sensor". There is insufficient antecedent basis for this limitation in the abstract and should read “the at least one temperature sensor”.
Claim Objections
Claims 1 - 4 are objected to because of the following informalities:
Claims 1, 2, and 4 recite the limitation "the temperature sensor" in lines 2, 3, and 6 respectively. There is insufficient antecedent basis for this limitation in the claim and should read “the at least one temperature sensor”.
Claim 3 recites the limitation "the fastening member“ in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim and should read “the at least one fastening member”.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of copending Application No. 19/379,976 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claim 13 of application 19/379,976 discloses the claimed features of claim 1 of instant application 18/390,092, as shown in the table below.
Instant Application 18/390,092
Copending Application 19/379,976
1. An electric heat tile comprising:
a first layer including at least one
temperature sensor and a power line electrically connected to the temperature sensor; a second layer placed on an upper surface of the first layer and including an electric heating wire electrically connected to the power line; an upper cover covering an upper surface of the second layer; and a lower cover covering a lower surface of the first layer, wherein the lower cover has, on one side, at least one fastening member electrically connected to the power line formed on the first layer.
13. The electric heat tile according to claim 9, further comprising: a first layer provided with the temperature sensor and a power line electrically connected to the temperature sensor; a second layer placed on an upper surface of the first layer and including an electric heating wire electrically connected to the power line; an upper cover covering an upper surface of the second layer; and a lower cover covering a lower surface of the first layer, wherein the lower cover has, on one side, at least one fastening member electrically connected to the power line formed on the first layer.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 2 and 4 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of copending Application No. 19/379,976 in view of Mueller et al. (US 20050116667 A1).
Claim 3 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of copending Application No. 19/379,976 in view of Park (WO 2008136571 A1).
Claim 5 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of copending Application No. 19/379,976 in view of Mazaki (US 6211491 B1).
The table below shows claims of instant application 18/390,092 and claims of copending application 19/379,976.
Instant Application 18/390,092
Copending Application 19/379,976
2. The electric heat tile of claim 1, further comprising a control module that controls the heating by the electric heating wire, wherein the control module includes a power supply unit that supplies power to the temperature sensor and the power line, a communication unit that receives a user's control signal from a predetermined user terminal, and a heating wire control unit that controls the heating by the electric heating wire based on the user's control signal received from the communication unit.
13. The electric heat tile according to claim 9, further comprising: a first layer provided with the temperature sensor and a power line electrically connected to the temperature sensor; a second layer placed on an upper surface of the first layer and including an electric heating wire electrically connected to the power line; an upper cover covering an upper surface of the second layer; and a lower cover covering a lower surface of the first layer, wherein the lower cover has, on one side, at least one fastening member electrically connected to the power line formed on the first layer.
3. The electric heat tile of claim 1, wherein the lower cover further includes a cable having one end coupled with the fastening member and the other end connected to the control module.
13. The electric heat tile according to claim 9, further comprising: a first layer provided with the temperature sensor and a power line electrically connected to the temperature sensor; a second layer placed on an upper surface of the first layer and including an electric heating wire electrically connected to the power line; an upper cover covering an upper surface of the second layer; and a lower cover covering a lower surface of the first layer, wherein the lower cover has, on one side, at least one fastening member electrically connected to the power line formed on the first layer.
4. The electric heat tile of claim 2, wherein the first layer further includes a communication tag, the control module further includes a tag recognition unit that recognizes the communication tag, and the tag recognition unit includes a code assigning unit that assigns a unique order to the communication tags when at least two communication tags are recognized and a temperature collection unit that collects the temperature data from the temperature sensor based on the unique order.
13. The electric heat tile according to claim 9, further comprising: a first layer provided with the temperature sensor and a power line electrically connected to the temperature sensor; a second layer placed on an upper surface of the first layer and including an electric heating wire electrically connected to the power line; an upper cover covering an upper surface of the second layer; and a lower cover covering a lower surface of the first layer, wherein the lower cover has, on one side, at least one fastening member electrically connected to the power line formed on the first layer.
5. The electric heat tile of claim 1, wherein the second layer includes: a first terminal provided at one end of the electric heating wire at a position corresponding to the position of a positive terminal provided on the first layer; and a second terminal provided at the other end of the electric heating wire at a position corresponding to the position of a negative terminal provided on the first layer, and wherein the first terminal and the second terminal are respectively connected to the positive terminal and the negative terminal by soldering, and conductive paste is applied to the soldered area.
13. The electric heat tile according to claim 9, further comprising: a first layer provided with the temperature sensor and a power line electrically connected to the temperature sensor; a second layer placed on an upper surface of the first layer and including an electric heating wire electrically connected to the power line; an upper cover covering an upper surface of the second layer; and a lower cover covering a lower surface of the first layer, wherein the lower cover has, on one side, at least one fastening member electrically connected to the power line formed on the first layer.
Regarding claim 2, claim 13 of copending application 19/379,976 teaches, the electric heat tile of claim 1, including heating by an electric heating wire, but fails to teach further comprising a control module, wherein the control module includes a power supply unit that supplies power to the temperature sensor and the power line, a communication unit that receives a user's control signal from a predetermined user terminal , and a heating wire control unit that controls the heating by the electric heating wire based on the user's control signal received from the communication unit.
Mueller teaches, a modular lighting unit system, with a control module (Fig 1 (100)), wherein the control module includes a power supply unit (Fig 1 (108), ¶ 176) that supplies power to the temperature sensor and the power line, a communication unit that receives a user's control signal from a predetermined user terminal (Fig 1 118), and a heating wire control unit that controls the heating by the electric heating wire based on the user's control signal received from the communication unit (Fig 1 (102), ¶ 145).
It would have been obvious to a person having ordinary skill, in the art as of the effective filing date, to modify claim 13 of copending application 19/379,976 with Mueller, by adding a control module that can provide power to the components of this system, as well as have the ability for a user to interface with, and control the system. One of skill in the art would find it obvious to have a means for taking the input from various sensors and processing that data in order to provide the user with the required information about the system.
Regarding claim 4, the combination of claim 13 of copending application 19/379,976 and Mueller teach, the electric heat tile of claim 2 as described above. Mueller further teaches, a modular lighting unit system, with a communication tag, the control module further includes a tag recognition unit that recognizes the communication tag (¶ 45, ...a given device may be "addressable" in that it is configured to selectively exchange data with (i.e., receive data from and/or transmit data to) the network, based, for example, on one or more particular identifiers (e.g., "addresses") assigned to it.), and the tag recognition unit includes a code assigning unit that assigns a unique order to the communication tags (¶ 45, devices may be configured to receive data in a certain order or along a certain path, such as by being placed along a line or string. In such an implementation, data may be addressed to a particular lighting unit according to its ordinal position in the string.) when at least two communication tags are recognized and a temperature collection unit that collects the temperature data from the temperature sensor based on the unique order (¶ 167-168, Examples of the signal(s) 122 that may be received and processed by the processor 102 include, but are not limited to, one or more audio signals, video signals, power signals, various types of data signals... Some examples of a signal source 124 that may be employed in, or used in connection with, the lighting unit 100 of FIG. 1 include any of a variety of sensors or transducers that generate one or more signals 122 in response to some stimulus... such as thermally sensitive (e.g., temperature, infrared) sensors...).
All of the components of the claimed invention are taught by claim 13 of copending application 19/379,976 and Mueller. The only difference is the combination of Mueller’s controller with claim 13’s heating tile. The controller of Mueller would perform the same selective control function for a heating tile, as it would for a plurality of lighting apparatuses. Therefore, it would have been obvious to a person having ordinary skill, in the art as of the effective filing date, to include a controller, as taught by Mueller, that can read information from a temperature sensor and differentiate between different heating units connected to the system, with the heating unit of claim 13.
Regarding claim 3, claim 13 of copending application 19/379,976 teaches, the electric heat tile system of claim 1, but fails to teach wherein the lower cover further includes a cable having one end coupled with the fastening member and the other end connected to the control module.
Park teaches, the lower cover further includes a cable having one end coupled with the fastening member and the other end connected to the control module (Fig 2 (151), ¶ [38]).
It would have been obvious to a person having ordinary skill, in the art as of the effective filing date, to include a means for fastening the heating tiles together so that they are in electrical communication with one another and the control module that controls their temperatures.
Regarding claim 5, claim 13 of copending application 19/379,976 teaches, the electric heat tile of claim 1. But claim 13 fails to teach, wherein the second layer includes: a first terminal provided at one end of the electric heating wire at a position corresponding to the position of a positive terminal provided on the first layer; and a second terminal provided at the other end of the electric heating wire at a position corresponding to the position of a negative terminal provided on the first layer, and wherein the first terminal and the second terminal are respectively connected to the positive terminal and the negative terminal by soldering, and conductive paste is applied to the soldered area.
Mazaki teaches, an anti-fogging glass having a plurality of heating lines, with a first terminal (Fig 1 (13) first bus bar) provided at one end of the electric heating wire at a position corresponding to the position of a positive terminal (Fig 1 (15) first terminal), and a second terminal (Fig 1 (13) second bus bar) provided at the other end of the electric heating wire at a position corresponding to the position of a negative terminal (Fig 1 (15) second terminal), and wherein the first terminal and the second terminal are respectively connected to the positive terminal and the negative terminal by soldering (Col. 5, lines 18-21), and conductive paste is applied to the soldered area (Col. 1-2, lines 65-11).
Mazaki discloses that the terminals (15) are connected to the power supply wire as well as the bus bars (13) on either end of the heating lines (Col. 5, lines 18-21). In order to make a complete circuit to power the heating lines, one of the terminals has to be connected to the wire coming from the positive end of the power source while the other terminal would be connected to the wire coming from the negative terminal of the power source. Mazaki also states that it has been common in the art to prevent excessive heat generation by reducing the resistance of the bus bars by overcoating a conductive paste on the bus paste on the bus bar surface in the vicinity of the solder bonded to the terminals (Col 1-2, lines 52-11). Furthermore, one of ordinary skill would deem it beneficial for the heating system to have the soldered positive and negative terminals attached to or inside the first insulating layer of Park (140), similar to the location of the temperature sensor (145), to further prevent adverse effects due to excessive heat generation. Therefore, it would have been obvious to a person having ordinary skill, in the art as of the effective filing date, to connect one terminal end of the heating wire unit to the positive terminal of the power line, and the other terminal end of the heating wire unit to the negative terminal of the power line through soldering and conductive paste, as shown by Mazaki, in addition to the heating tile shown in claim 13 of copending application 19/379,976.
This is a provisional nonstatutory double patenting rejection.
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.
The claim limitations “fastening member, control module, communication unit, heating wire control unit, tag recognition unit, code assigning unit, and temperature collection unit” in claims 1-4 are being interpreted under 112(f). Each of these limitations substitute the term “means” with a different term that acts as a generic placeholder (member, module, unit) and include associated functional language, but are not modified by sufficient structure in the claims for performing the claimed function.
Regarding the claim limitation “fastening member”, the disclosure states that its purpose is to couple one electric heating tile to another while being electrically connected to the power line. The disclosure describes no physical structure detailing what the fastening member is or how it accomplishes this function.
For the claim limitation “control module”, the disclosure states that the control module is capable of receiving user inputs, controlling the heating, recognizing communication tags, assigning an order to communication tags, and collecting temperature data via its communication unit, heating wire control unit, tag recognition unit, code assigning unit, and temperature collection unit, but there is no information about the physical structure of the control module allowing it to perform these tasks.
For the claim limitations “communication unit, heating wire control unit, tag recognition unit, code assigning unit, and temperature collection unit” there is neither detailed physical structure nor related programing present for these limitations in the disclosure.
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.
Claims 1-5 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 contain 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.
The claim limitations “communication unit, heating wire control unit, tag recognition unit, code assigning unit, and temperature collection unit” found in claims 2 and 4 each appear to be an attempt by the applicant to claim algorithms. However, as written, each requires interpretation under 112(f). MPEP 2181 II. B. Computer-Implemented Means-Plus-Function Limitations, sets forth the examiner is prohibited from construing limitations interpreted under 112(f) as covering purely software. No specific physical structure has been set forth in the disclosure that the claimed algorithms reside upon. As such the specification is deemed to fail the written description requirement. Regarding these claim limitations, there are also no actual algorithms described in the disclosure for performing the claimed functions.
The claim limitations “control module and fastening member” found in claims 1-4 fail to comply with the written description requirement due to the lack of detail regarding the structure of these limitations in the specification.
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 1-5 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.
Regarding claims 1-4, claim limitations “fastening member, control module, communication unit, heating wire control unit, tag recognition unit, code assigning unit, and temperature collection unit” found in claims 1-4 invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed functions and to clearly link the structure, material, or acts to the functions. No association between the structure and the function of these claim limitations can be found in the specification. Therefore, the claims are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Regarding claims 1-5, the phrase “electric heat tile” is unclear because, the claims describe a system including multiple modular heat tiles along with a control module, as opposed to a single heat tile. For purposes of examination, the examiner will read the statement as “…electric heat tile system…”.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 - 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park (WO 2008136571 A1).
Regarding claim 1, Park teaches, an electric heat tile system comprising: a first layer (Fig 2 (140)) including at least one temperature sensor (¶ 44, the plurality of units 110 are provided with a temperature sensor 145, respectively. The temperature sensor 145 is housed in a cylindrical case 143 which passes through one side of the reinforcing material 150 to be placed in the insulating material 140.) and a power line electrically connected to the temperature sensor (¶ 46); a second layer placed on an upper surface of the first layer (Fig 2 (130)) and including an electric heating wire electrically connected to the power line (¶ 37); an upper cover covering an upper surface of the second layer (Fig 2 (120)); and a lower cover covering a lower surface of the first layer (Fig 2 (150)), wherein the lower cover has, on one side, at least one fastening member electrically connected to the power line formed on the first layer (Fig 2 (151), ¶ 38).
Regarding claim 2, Park teaches, the electric heat tile system of claim 1, further comprising a control module that controls the heating by the electric heating wire (Fig 1 (160), ¶ 44), wherein the control module includes a power supply unit that supplies power to the temperature sensor and the power line (Fig 1, the temperature control (160) is shown having a power cord meant to connect to an outlet, which is in turn electrically connected to the power cable (131) which connects to the temperature sensor (145); ¶ 47), a communication unit that receives a user's control signal from a predetermined user terminal (Fig 1 (160), ¶ 44, A user can operate the temperature control 160 to control each unit 110 at each location.), and a heating wire control unit that controls the heating by the electric heating wire based on the user's control signal received from the communication unit (¶ 44, A user can operate the temperature control 160 to control each unit 110 at each location. …the temperature control 160 is already commercially available in the market as a temperature control device for controlling temperature in a stone bed or in a heating apparatus for partial temperature control).
Regarding claim 3, Park teaches, the electric heat tile system of claim 1, wherein the lower cover further includes a cable having one end coupled with the fastening member and the other end connected to the control module (Fig 2 (151), ¶ [38]).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Park (WO 2008136571) in view of Mueller et al. (US 20050116667 A1).
Regarding claim 4, Park teaches, the electric heat tile system of claim 2, and a temperature sensor collection unit that collects the temperature data from the temperature sensor (Fig 1 (160), ¶ 44). But park fails to teach, wherein the first layer further includes a communication tag, the control module further includes a tag recognition unit that recognizes the communication tag, and the tag recognition unit includes a code assigning unit that assigns a unique order to the communication tags when at least two communication tags are recognized.
Mueller teaches, a modular lighting unit system, with a communication tag, the control module further includes a tag recognition unit that recognizes the communication tag (¶ 45, ...a given device may be "addressable" in that it is configured to selectively exchange data with (i.e., receive data from and/or transmit data to) the network, based, for example, on one or more particular identifiers (e.g., "addresses") assigned to it.), and the tag recognition unit includes a code assigning unit that assigns a unique order to the communication tags (¶ 45, devices may be configured to receive data in a certain order or along a certain path, such as by being placed along a line or string. In such an implementation, data may be addressed to a particular lighting unit according to its ordinal position in the string.) when at least two communication tags are recognized and a temperature collection unit that collects the temperature data from the temperature sensor based on the unique order (¶ 167-168, Examples of the signal(s) 122 that may be received and processed by the processor 102 include, but are not limited to, one or more audio signals, video signals, power signals, various types of data signals... Some examples of a signal source 124 that may be employed in, or used in connection with, the lighting unit 100 of FIG. 1 include any of a variety of sensors or transducers that generate one or more signals 122 in response to some stimulus... such as thermally sensitive (e.g., temperature, infrared) sensors...).
All of the components of the claimed invention are taught by Park and Mueller. The only difference is the combination of Mueller’s controller with Park’s plurality of heating units. The controller of Mueller would perform the same selective control function for a plurality of heating apparatuses, as it would for a plurality of lighting apparatuses. Therefore, it would have been obvious to a person having ordinary skill, in the art as of the effective filing date, to include a controller, as taught by Mueller, that can read information from a temperature sensor and differentiate between different heating units connected to the system, with the multilayered heating units of Park. Park also describes a temperature control unit that is meant to read temperature from the temperature sensor in each individual heating unit and is able to control the temperature of each heating unit individually (¶ 44). For this to be possible the controller has to have a way of denoting which heating unit is which, and in what order they are connected, even though it is not directly stated in the disclosure. Park states that there is already a temperature control device commercially available on the market that can accomplish this task (¶ 44).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Park (WO 2008136571) in view of Mazaki (US 6211491 B1).
Regarding claim 5, Park teaches, the electric heat tile system of claim 1, wherein the second layer includes: a first terminal provided at one end of the electric heating wire, and a second terminal provided at the other end of the electric heating wire (The two ends of the sheet heating element (130) inherently have a first and second terminal where they end and in turn connect to the power cable (131)). But Park fails to teach the first and second terminals at a position corresponding to a positive and negative terminal respectively, or wherein the first terminal and the second terminal are respectively connected to the positive terminal and the negative terminal by soldering, and conductive paste is applied to the soldered area.
Mazaki teaches, an anti-fogging glass having a plurality of heating lines, with a first terminal (Fig 1 (13) first bus bar) provided at one end of the electric heating wire at a position corresponding to the position of a positive terminal (Fig 1 (15) first terminal), and a second terminal (Fig 1 (13) second bus bar) provided at the other end of the electric heating wire at a position corresponding to the position of a negative terminal (Fig 1 (15) second terminal), and wherein the first terminal and the second terminal are respectively connected to the positive terminal and the negative terminal by soldering (Col. 5, lines 18-21), and conductive paste is applied to the soldered area (Col. 1-2, lines 65-11).
Mazaki discloses that the terminals (15) are connected to the power supply wire as well as the bus bars (13) on either end of the heating lines (Col. 5, lines 18-21). In order to make a complete circuit to power the heating lines, one of the terminals has to be connected to the wire coming from the positive end of the power source while the other terminal would be connected to the wire coming from the negative terminal of the power source. Mazaki also states that it has been common in the art to prevent excessive heat generation by reducing the resistance of the bus bars by overcoating a conductive paste on the bus paste on the bus bar surface in the vicinity of the solder bonded to the terminals (Col 1-2, lines 52-11). Furthermore, one of ordinary skill would deem it beneficial for the heating system to have the soldered positive and negative terminals attached to or inside the first insulating layer of Park (140), similar to the location of the temperature sensor (145), to further prevent adverse effects due to excessive heat generation. Therefore, it would have been obvious to a person having ordinary skill, in the art as of the effective filing date, to connect one terminal end of the heating wire unit to the positive terminal of the power line, and the other terminal end of the heating wire unit to the negative terminal of the power line through soldering and conductive paste, as shown by Mazaki, in addition to the controllable heating tile system shown by Park, in order to effectively deliver power to the heating wire unit.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kaplanov (US 20220316148 A1) teaches, a plurality of heating panels electrically connected to one another by load transfer devices (Fig 10 (508)).
Conclusion
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/C.J.M./Examiner, Art Unit 3761
/EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761
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