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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claim 11 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 1. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: means in claims 1, 2, 11.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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(s) 1 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tan et al., US 20200396797 (hereafter Tan), and further in view of Kim et al., US 20220241107 (hereafter Kim).
Regarding claim 1, A rechargeable electrical heating device (1), comprising: (Paragraph [31] teaches conductive heater with rechargeable battery.)
a flexible heat generator (1a), (Paragraph [30] teaches conductive heater comprises flexible substrate)
and a power source (1 b) connected to the flexible heat generator (1 a), (Paragraph [14] teaches “the conductive heater can be battery powered.”)
wherein the flexible heat generator (1a) comprises:
a first flexible substrate layer (11), (Paragraph [30] teaches flexible substrate 160)
a first conductive line (12) arranged on the first flexible substrate layer (11), wherein the first conductive line (12) comprises a first positive line (121) and a first negative line (122), (Paragraph [18] teaches “a first conductive bus 110, a second conductive bus 120, a first set of electrodes 130 electrically connected to the first conductive bus 110, a second set of electrodes 140 electrically connected to the second conductive bus 120”)
a first heat generating line (13) arranged on the first flexible substrate layer (11) and covering a portion of the first conductive line (12), (Fig. 1B teaches heater stripes 150)
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Fig. 1B in Tan
and a first connector (15) arranged between the first flexible substrate layer (11) and the second flexible substrate layer (14) and electrically connected to the first conductive line (12), (Paragraph [24] teaches power source connection points 111, 121)
wherein the first positive line (121) and the first negative line (122) are not directly connected to each other, (Fig. 1B)
and wherein the first positive line (121) is electrically connected to the first negative line (122) by means of the first heat generating line (13). (Paragraph [16] teaches “a conductive heater having electrodes connected to power buses and printed ink heater stripes.”)
Tan is silent about a second flexible substrate layer (14) arranged on the first flexible substrate layer (11) and covering the first conductive line (12) and the first heat generating line (13), wherein the second flexible substrate layer (14) is bonded to the first flexible substrate layer (11) by means of a hot-pressing process,
Kim teaches a second flexible substrate layer (14) arranged on the first flexible substrate layer (11) and covering the first conductive line (12) and the first heat generating line (13), (Paragraph [22] teaches “the cover member may be made of a material that is moisture-proof and flexible.”)
wherein the second flexible substrate layer (14) is bonded to the first flexible substrate layer (11) by means of a hot-pressing process, (Paragraph [127] teaches “the first cover member 141 and the second cover member 142 may be attached via an adhesive layer or fixed through heat fusion.”)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add the flexible cover as taught in Kim to the heater in Tan. One of ordinary skill in the art would have been motivated to do so in order to “prevent external exposure of the applied electrode unit and heating unit” as taught in abstract in Kim.
Regarding claim 11,
(Similar scope to claim 1 and therefore rejected under the same argument.)
Claim(s) 2-6, 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tan and Kim as applied to claim 1 above, and further in view of Seong, KR 20160009712 (hereafter Seong).
Regarding claim 2, Claim 2 is interpreted as the heat generator comprises multiple layers of heaters and corresponding conductors. Primary combination of references is silent about this.
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Fig. 10 in Seong
Seong teaches a heat generator in Fig. 10 with multiple heaters and corresponding conductors.)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add multiple layers of heater as taught in Seong to the heater in Tan. One of ordinary skill in the art would have been motivated to do so because “the heat generating mechanism can be manufactured by using the surface heat generating elements 1, 2 and 3 of various types singly or in combination, so that applicability and reliability can be
remarkably improved” as taught in page 14, paragraph 1 of the attached machine translation of Seong.
Regarding claim 3,
The rechargeable electrical heating device (1) according to claim 2, wherein:
the first positive line (121) and the first negative line (122) are arranged in a comb shape each comprising a main portion and a plurality of branch portions, (Fig. 1B in Tan)
the main portion of the first positive line (121) and the main portion of the first negative line (122) are parallel to each other, (Fig. 1B in Tan)
the branch portions of the first positive line (121) and the branch portions of the first negative line (122) are arranged alternately with each other, (Fig. 1B in Tan)
and the first heat generating line (13) comprises a plurality of linear heat generating lines parallel to each other, (Fig. 1B in Tan)
each linear heat generating line covers at least one of the branch portions of the first positive line (121) and one of the branch portions of the first negative line (122). (Fig. 1B in Tan)
Regarding claim 4,
The rechargeable electrical heating device (1) according to claim 3, wherein:
the first connector (15) comprises a first positive terminal and a first negative terminal, (Fig. 1B in Tan teaches 121 and 111)
the main portion of the first positive line (121) is connected to the positive terminal of the first connector (15), and the main portion of the first negative line (122) is connected to the negative terminal of the first connector (15). (Fig. 1B in Tan)
Regarding claim 5,
The rechargeable electrical heating device (1) according to claim 2, wherein:
the second positive line (191) and the second negative line (192) each comprises a straight section, (Primary combination of references is silent about this.
Fig. 10 in Seong)
the straight sections of the second positive line (191) and the second negative line (192) are parallel to each other, (Fig. 10 in Seong)
the second heat generating line (16) comprises a plurality of linear heat generating lines parallel to each other, each linear heat generating line covers a portion of the straight section of the second positive line (191) and a portion of the straight section of the second negative line (192). (Fig. 10 in Seong)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add multiple layers of heater as taught in Seong to the heater in Tan. One of ordinary skill in the art would have been motivated to do so because “the heat generating mechanism can be manufactured by using the surface heat generating elements 1, 2 and 3 of various types singly or in combination, so that applicability and reliability can be
remarkably improved” as taught in page 14, paragraph 1 of the attached machine translation of Seong.
Regarding claim 6,
The rechargeable electrical heating device (1) according to claim 5, wherein: the second connector (18) comprises a second positive terminal connected to the second positive line (191) and a second negative terminal connected to the second negative line (192). ( Seong teaches heat generator with second positive and negative lines in Fig. 10. Page 2, paragraph 3 teaches “A wire for terminal treatment is soldered to one end of each of the copper foils 4”. It is implied that each positive or negative line has its own terminal wire.
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add multiple layers of heater with own connectors as taught in Seong to the heater in Tan. One of ordinary skill in the art would have been motivated to do so because “the heat generating mechanism can be manufactured by using the surface heat generating elements 1, 2 and 3 of various types singly or in combination, so that applicability and reliability can be remarkably improved” as taught in page 14, paragraph 1 of the attached machine translation of Seong.
Regarding claim 8,
The rechargeable electrical heating device (1) according to claim 2,wherein:the first conductive line (12) and the second conductive line (19) comprise a silver foil formed by silver printing. (Tan teaches in paragraph [141] “Silver Ink #1 was screen printed onto the PET film in a horizontal bar pattern as shown in FIGS. 1A-1C”.
Tan is silent about second conductive line.
Seong teaches a heat generator in Fig. 10 with multiple heaters and corresponding conductors.)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add multiple layers of heater as taught in Seong to the heater in Tan. One of ordinary skill in the art would have been motivated to do so because “the heat generating mechanism can be manufactured by using the surface heat generating elements 1, 2 and 3 of various types singly or in combination, so that applicability and reliability can be
remarkably improved” as taught in page 14, paragraph 1 of the attached machine translation of Seong.
Regarding claim 9,
The rechargeable electrical heating device (1) according to claim 2,wherein:
the first heat generating line (13) and the second heat generating line (16) comprise a PTC carbon foil formed by carbon paste printing. (Tan teaches in paragraph [19] “PTC ink can be, for example, PTC carbon ink or the like. In some embodiments, the PTC ink can be printed to cover the entire area of electrodes (130, 140).”
Tan is silent about second heat generating line.
Seong teaches a heat generator in Fig. 10 with multiple heaters and corresponding conductors.)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add multiple layers of heater as taught in Seong to the heater in Tan. One of ordinary skill in the art would have been motivated to do so because “the heat generating mechanism can be manufactured by using the surface heat generating elements 1, 2 and 3 of various types singly or in combination, so that applicability and reliability can be
remarkably improved” as taught in page 14, paragraph 1 of the attached machine translation of Seong.
Regarding claim 10,
The rechargeable electrical heating device (1) according to claim 2,wherein:
the power source (1 b) comprises a rechargeable battery pack or a disposable battery. (Paragraph [14] in Tan teaches “the conductive heater can be battery powered.” It is implied that any battery is either rechargeable or disposable.)
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tan , Kim, and Seong as applied to claim2 above, and further in view of Huang et al., CN 212034371 (hereafter Huang).
The rechargeable electrical heating device (1) according to claim 2,wherein: the first flexible substrate layer (11), the second flexible substrate layer (14) and the third flexible substrate layer (17) are made from TPU. (Primary combination of references is silent about this.
Huang teaches “the substrate and the coating layer are made of TPU film material” in page 2, paragraph 11 of the attached machine translation.)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to make the substrate layers in Tan from TPU as taught in Huang. One of ordinary skill in the art would have been motivated to do so because “using the TPU base material and the TPU film layer; compared with the traditional PET material, the flexibility is better and has better comfort” as taught in page 3, paragraph 5 in Huang.
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.
Claims 1-9, 11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 and 12 of copending Application No. 18/457631 (hereafter ‘631) in view of Tan as described in Table 1 below (differences are in bold). This is a provisional nonstatutory double patenting rejection.
Table 1
18/457685 (08/29/2023)
18/457631 (08/29/2023)
Claim 1. A rechargeable electrical heating device (1), comprising:
a flexible heat generator (1a), and a power source (1 b) connected to the flexible heat generator (1 a),
Claim 1.
wherein the flexible heat generator (1a) comprises: a first flexible substrate layer (11), a first conductive line (12) arranged on the first flexible substrate layer (11), wherein the first conductive line (12) comprises a first positive line (121) and a first negative line (122), a first heat generating line (13) arranged on the first flexible substrate layer (11) and covering a portion of the first conductive line (12), a second flexible substrate layer (14) arranged on the first flexible substrate layer (11) and covering the first conductive line (12) and the first heat generating line (13), wherein the second flexible substrate layer (14) is bonded to the first flexible substrate layer (11) by means of a hot-pressing process, and a first connector (15) arranged between the first flexible substrate layer (11) and the second flexible substrate layer (14) and electrically connected to the first conductive line (12),
wherein the first positive line (121) and the first negative line (122) are not directly connected to each other, and wherein the first positive line (121) is electrically connected to the first negative line (122) by means of the first heat generating line (13).
A flexible heat generator (1), comprising: a first flexible substrate layer (11), a first conductive line (12) arranged on the first flexible substrate layer (11), wherein the first conductive line (12) comprises a first positive line (121) and a first negative line (122),
a first heat generating line (13) arranged on the first flexible substrate layer (11) and covering a portion of the first conductive line (12), a second flexible substrate layer (14) arranged on the first flexible substrate layer (11) and covering the first conductive line (12) and the first heat generating line (13), wherein the second flexible substrate layer (14) is bonded to the first flexible substrate layer (11) by means of a hot-pressing process, and a first connector (15) arranged between the first flexible substrate layer (11) and the second flexible substrate layer (14) and electrically connected to the first conductive line (12),
wherein the first positive line (121) and the first negative line (122) are not directly connected to each other, and wherein the first positive line (121) is electrically connected to the first negative line (122) by means of the first heat generating line (13).
Claim 11. A rechargeable electrical heating device (1), comprising: a flexible heat generator (1a), and a power source (1 b) connected to the flexible heat generator (1 a),
Claim 12.
wherein the flexible heat generator (1a) comprises: a first flexible substrate layer (11), a first positive line (121) arranged on the first flexible substrate layer (11), a first heat generating line (13) arranged on the first positive line (121) and covering a portion of the first positive line (121), a first negative line (122) arranged on the first flexible substrate layer (11) and covering a portion of the first heat generating line (13), a second flexible substrate layer (14) covering the first positive line (121), the first heat generating line (13) and the first negative line (122), wherein the second flexible substrate layer (14) is bonded to the first flexible substrate layer (11) by means of a hot-pressing process, and
a first connector (15) arranged between the first flexible substrate layer (11) and the second flexible substrate layer (14) and electrically connected to the first positive line (121) and the first negative line (122), wherein the first positive line (121) and the first negative line (122) are not directly connected to each other, and wherein the first positive line (121) is electrically connected to the first negative line (122) by means of the first heat generating line (13).
A flexible heat generator (1), comprising: a first flexible substrate layer (11), a first positive line (121) arranged on the first flexible substrate layer (11), a first heat generating line (13) arranged on the first positive line (121) and covering a portion of the first positive line (121), a first negative line (122) arranged on the first flexible substrate layer (11) and covering a portion of the first heat generating line (13), a second flexible substrate layer (14) covering the first positive line (121), the first heat generating line (13) and the first negative line (122), wherein the second flexible substrate layer (14) is bonded to the first flexible substrate layer (11) by means of a hot-pressing process, and a first connector (15) arranged between the first flexible substrate layer (11) and the second flexible substrate layer (14) and electrically connected to the first positive line (121) and the first negative line (122), wherein the first positive line (121) and the first negative line (122) are not directly connected to each other, and wherein the first positive line (121) is electrically connected to the first negative line (122) by means of the first heat generating line (13).
‘631 is silent about A rechargeable electrical heating device (1), comprising:
..a power source (1 b) connected to the flexible heat generator (1 a). Tan teaches in paragraph [31] a conductive heater with rechargeable battery. Paragraph [30] teaches conductive heater comprises flexible substrate.
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add the power source from Tan to the flexible heat generator in ‘631 to form a rechargeable electrical heating device. One of ordinary skill in the art would have been motivated to do so because “the warming device in such configurations can provide heating in transit, for example, when it is powered by a battery” as taught in paragraph [17] in Tan.
Instant claims 2-9 are met by claims 2-9, respectively of ‘631.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN207766575, abstract
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/FAHMIDA FERDOUSI/ Examiner, Art Unit 3761
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