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 Fig. 4 is required to be in English. 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.
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 “overhang” 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.
Claim Rejections - 35 USC § 112
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.
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 5, 8, and 13-16 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 5, 13, 14, and 16, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 8, the phrase "for example" and “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 8, this claim is indefinite for claiming a process without any actual steps. Please see MPEP 2173.05(q).
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 6-8 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 6 and 7 attempt to further limit the structure by reciting “the at least two conductive tracks are at least partially applied to the electrically conductive paper layer.”, in claim 6 and “the at least two conductive tracks are at least partially embedded in the electrically conductive paper layer.”, in claim 7, but claim 1 already limits the structure in a similar way by reciting “wherein the electrically conductive paper layer is at least partially arranged on the front side of the substrate and at least partially encompasses at least two conductive tracks,”, in claim 1. Furthermore, Claim 8 states possible uses of the instant application which does not provide limiting structure or function and with the use of “for example” leaves the claim indefinite which contributes to the lack of further limiting. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1-9 and 11-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20240365441 A1 - Lenssen.
The applied reference has a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claim 1, Lenssen is directed towards an electrically conductive paper structure. Lessen does teach a substrate with a front side, a rear side and an outer edge, (See Figure 2 below)
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Lenssen also teaches an electrically conductive paper layer ([0057] an electrically conductive paper structure 4), wherein the electrically conductive paper layer is at least partially arranged on the front side of the substrate and at least partially encompasses at least two conductive tracks (Figures 1-2 show the tracks 3 at least partially arranged on the front side),the at least two conductive tracks are at least partially arranged on the rear side (Figures 1-2 show the tracks 3 at least partially arranged on the rear side).
Furthermore, The examiner interpretation using BRI of the term “partially arranged on”, indirect relationships, that conductive tracks 3 arranged at the front side are also partially arranged on the rear side.
Regarding claim 2, Lenssen does teach the limitations of claim 1. Lenssen does teach the at least two conductive tracks (3) each comprise two ends, wherein at least one end is arranged on the rear side or the outer edge of the substrate (1), so that contact can be made between the conductive tracks (3) on the rear side and/or the outer edge of the substrate (Figures 2 and 9 show the tracks 3 having two ends located by the rear end (see rejection of claim 1 for location of rear side)).
Regarding claim 3, Lenssen does teach the limitations of claim 1. Lenssen does teach the electrically conductive paper layer with the at least two conductive tracks encompassed by it is arranged at least partially on the rear side and/or the outer edge of the substrate (Figures 2 and 9 show the electrically conductive paper layer 4 with the at least two conductive tracks 3 encompassed by it is arranged at least partially on the rear side)).
Regarding claim 4, Lenssen does teach the limitations of claim 1. Lenssen does teach at least one of the at least two conductive tracks runs at least partially along the outer edge of the substrate (See Figure 2 below). the figure shows an exploded view of the conductive device, when the three pieces are place together it can clearly be seen that the two conductive tracks (3) runs at least partially along the outer edge of the substrate (1).
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Regarding claim 5, Lenssen does teach the limitations of claim 1. Lenssen does teach the at least two conductive tracks run from the front side to the rear side, in particular over the outer edge, of the substrate. (Figures 2 and 9).
Regarding claim 6, Lenssen does teach the limitations of claim 1. Lenssen does teach at least two conductive tracks (3) are at least partially applied to the electrically conductive paper layer (4) (See figure 1 below).
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Regarding claim 7, Lenssen does teach the limitations of claim 1. Lenssen does teach at least two conductive tracks are at least partially embedded in the electrically conductive paper layer ([0030]The electrically conductive paper structure provided with the conductive tracks, e.g. copper strips, is applied onto the support plate provided with the conductive elements, e.g. by lining, laminating, gluing or pressing, so that the conductive tracks and the conductive elements are in electrical contact with each other. The decorative layer is then, or optionally simultaneously, applied.).
Regarding claim 8, Lenssen does teach the limitations of claim 1. Lenssen does teach a use of the composite body according to claim 1 for heating applications, for example as a heating element, preferably in a piece of furniture, a wall, a floor, a ceiling, a door, a window profile and/or a panel ([0003] Uniform, large-area heating of certain components is advantageous in many areas. For example, with regard to the cold walls in an airplane or a motor vehicle with possible furnishings,).
Regarding claim 9, Lenssen does teach the limitations of claim 1. Lenssen does teach providing a substrate with a front side, a rear side and an outer edge; providing an electrically conductive paper layer, wherein the electrically conductive paper layer at least partially encompasses at least two conductive tracks; and arranging the electrically conductive paper layer at least partially on the front side of the substrate; wherein the at least two conductive tracks are at least partially arranged on the rear side and/or the outer edge of the substrate. (See claim 1 rejection.).
Regarding claim 11, Lenssen does teach the limitations of claim 9. Lenssen does teach the method further comprises: - impregnating the electrically conductive paper layer ([0030]The electrically conductive paper structure provided with the conductive tracks, e.g. copper strips, is applied onto the support plate provided with the conductive elements, e.g. by lining, laminating, gluing or pressing, so that the conductive tracks and the conductive elements are in electrical contact with each other. The decorative layer is then, or optionally simultaneously, applied.).
Regarding claim 12, Lenssen does teach the limitations of claim 9. Lenssen does teach contacting the at least two conductive tracks on the rear side and/or the outer edge of the substrate (See rejection of claim 2 above).
Regarding claim 13, Lenssen does teach the limitations of claim 1. Lenssen does teach at least one contact element for electrically contacting a conductive track () of the electrically conductive paper layer, and - at least one connecting element for connecting the contacting device to the composite body, in particular to the substrate of the composite body, wherein, the contact element is pressed against the conductive track of the electrically conductive paper layer by means of the connecting element when the contacting device is connected to the composite body. ([0057] The support plate is provided with continuous, circular bores 2, each of which has the diameter A. The bores 2 are then provided with conductor elements 2, in the example electrically conductive bolts, wherein the conductor elements 2 are flush with the support plate 1 on their upper side and can be contacted on their lower side in the final composite body.).
Regarding claim 14, Lenssen does teach the limitations of claim 13. Lenssen does teach the connecting element for connecting the contacting device to the composite body comprises at least one fastening element for fastening the contacting device to the composite body, in particular the substrate of the composite body ( [0061] FIGS. 7 and 8 illustrate a fourth exemplary embodiment of a composite body, which is based on the first exemplary embodiment. Also in the present case, (copper) countersunk rivets 23 are used as conductor elements. In the present exemplary embodiment, the length of the (copper) countersunk rivets 23 is identical to the thickness of the support plate 1. In addition, the (copper) countersunk rivets 23 have an internal thread 231 (see FIG. 7). According to FIG. 7, the internal thread 231 of the countersunk rivet 23 serves as rear side contacting using a threaded screw 9. In the present example, the electrical connection is made according to FIG. 8 using a cable lug 10 and using of washers 7 and 8, the thickness, outer and inner diameter of which are adapted to the mechanical and electrical conditions. ).
Regarding claim 15, Lenssen does teach the limitations of claim 13. Lenssen does teach the connecting element for connecting the contacting device to the composite body comprises a connecting body, the connecting body pressing the contact element against the conductive track of the electrically conductive paper layer when the contacting device is connected to the composite body ([0057] The support plate is provided with continuous, circular bores 2, each of which has the diameter A. The bores 2 are then provided with conductor elements 2, in the example electrically conductive bolts, wherein the conductor elements 2 are flush with the support plate 1 on their upper side and can be contacted on their lower side in the final composite body.).
Regarding claim 16, Lenssen does teach the limitations of claim 13. Lenssen does teach the contact element is connectable, in particular detachably connectable, to a connection line (Figure 8 and In the present example, the electrical connection is made according to FIG. 8 using a cable lug 10 and using of washers 7 and 8, the thickness, outer and inner diameter of which are adapted to the mechanical and electrical conditions.).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over US 20240365441 A1 - Lenssen as applied to claim 9 above, and further in view of US 20230413387 A1 – Leong.
Regarding claim 10, Lenssen does teach the limitations of claim 9. Lenssen does teach the electrically conductive paper layer is arranged on the front side of the substrate (Figure 2 and 9).
Lenssen does not expressly teach the at least two conductive tracks has an overhang over the outer edge of the substrate, folding over the overhang of the electrically conductive paper layer encompassing the at least two conductive tracks, so that the electrically conductive paper layer with the at least two conductive tracks is arranged at least partially on the rear side and/or the outer edge of the substrate.
Leong is directed towards an heater module. Leong does teach the at least two conductive tracks (28) has an overhang over the outer edge of the substrate (22), folding over the overhang of the electrically conductive paper layer encompassing the at least two conductive tracks, so that the electrically conductive paper layer with the at least two conductive tracks is arranged at least partially on the rear side and/or the outer edge of the substrate (figure 3 shows the tracks (terminations 28) folding over the substrate (22) and the resistance layer (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 modify Lenssen to include the at least two conductive tracks has an overhang over the outer edge of the substrate, folding over the overhang of the electrically conductive paper layer encompassing the at least two conductive tracks, so that the electrically conductive paper layer with the at least two conductive tracks is arranged at least partially on the rear side and/or the outer edge of the substrate because the ability to wrap the connectors of Leong around the conductive paper of Lenssen so that the user has a easier time connecting the tracks through the substrate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20090272731 A1 – Olding teaches a conductive track overhanging from the substrate.
US 20200314965 A1 – Walz teaches an heating member between two substrates with external connectors.
US 20220304116 A1 – Reevell does teach an heating assembly with the conductive tracks being placed on a insulation member.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH BRIAN ASSANTE whose telephone number is (571)272-5853. The examiner can normally be reached M-F 7:30 am - 4:30 pm EST.
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, Steven W Crabb can be reached at (571) 270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEITH BRIAN ASSANTE/Examiner, Art Unit 3761
/JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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