Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Drawings
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, “one or more alternating current sources configured to control the amount of first alternating current and the second alternating current …”, recited in claims 1 and 12, 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
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The term ““one or more alternating current sources configured to control the amount of first alternating current and the second alternating current …”, recited in claims 1 and 12, is lack antecedent basis from the specification. Further, the term ““one or more alternating current sources configured to control the amount of first alternating current and the second alternating current …”, recited in claims 1 and 12, has no priority supported from the parent cases (13/427,899; 15/806,262 and 17/101,909). This application should be labeled as CIP instead of CON. Clarification or correction is needed.
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.
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Claims 1, 3-12 and 14-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,792,896 previously cited. Although the claims at issue are not identical, they are not patentably distinct from each other because
U.S. 11,792,896 (claim 1)
1. A sauna, comprising: a sitting area; a first conductive heating element configured to generate heat directed to the sitting area using a first alternating current, wherein the first conductive heating element is a first planar heating element; a second conductive heating element configured to generate heat using a second alternating current, wherein the second conductive heating element is a second planar heating element, wherein the first alternating current delivered to the first conductive heating element is opposite in phase to the second alternating current delivered to the second conductive heating element so that the electromagnetic emissions from the first conductive heating element are cancelled out by the electromagnetic emissions from the second conductive heating element; an insulation layer between the first conductive heating element and the second conductive heating element; a controller configured to change the amount of first alternating current and the second alternating current provided to the first conductive heating element and the second conductive heating element respectively.
2. The sauna of claim 1, wherein the first conductive heating element and the second conductive heating element are arranged such that their poles are opposite to each other.
3. The sauna of claim 1, wherein the first conductive heating element is a metal heating element.
4. The sauna of claim 1, wherein the second conductive heating element is a metal heating element.
5. The sauna of claim 1, wherein the first conductive heating element is a carbon impregnated material.
6. The sauna of claim 1, wherein the second conductive heating element is a carbon impregnated material.
7. The sauna of claim 1, wherein the first conductive heating element and the second conductive heating element are coupled to first electrodes and second electrodes, wherein the first electrodes and the second electrodes comprise metal foil.
8. The sauna of claim 7, wherein the metal foil has a first thickness that is less than a second thickness of the insulation layer.
9. The sauna of claim 7, wherein the first electrodes and the second electrodes are located at a relative position and distance with respect to each other such that the electromagnetic emissions coming from the first conductive heating element and first electrodes are cancelled out by the electromagnetic emissions coming from the second conductive heating element and second electrodes.
10. The sauna of claim 9, wherein the first conductive heating element and the second conductive heating element are carbon fiber planar heating elements.
11. An apparatus, comprising: a first conductive heating element configured to generate heat using a first alternating current, wherein the first conductive heating element is a first planar heating element; a second conductive heating element configured to generate heat using a second alternating current, wherein the second conductive heating element is a second planar heating element, wherein the first alternating current delivered to the first conductive heating element is opposite in phase to the second alternating current delivered to the second conductive heating element so that the electromagnetic emissions from the first conductive heating element are cancelled out by the electromagnetic emissions from the second conductive heating element; an insulation layer between the first conductive heating element and the second conductive heating element; a controller configured to change the amount of first alternating current and the second alternating current provided to the first conductive heating element and the second conductive heating element respectively.
12. The apparatus of claim 11, wherein the first conductive heating element and the second conductive heating element are arranged such that their poles are opposite to each other.
13. The apparatus of claim 11, wherein the first conductive heating element is a metal heating element.
14. The apparatus of claim 11, wherein the second conductive heating element is a metal heating element.
15. The apparatus of claim 11, wherein the first conductive heating element is a carbon impregnated material.
16. The apparatus of claim 11, wherein the second conductive heating element is a carbon impregnated material.
17. The apparatus of claim 11, wherein the first conductive heating element and the second conductive heating element are coupled to first electrodes and second electrodes, wherein the first electrodes and the second electrodes comprise metal foil.
18. The apparatus of claim 17, wherein the metal foil has a first thickness that is less than a second thickness of the insulation layer.
19. The apparatus of claim 17, wherein the first electrodes and the second electrodes are located at a relative position and distance with respect to each other such that the electromagnetic emissions coming from the first conductive heating element and first electrodes are cancelled out by the electromagnetic emissions coming from the second conductive heating element and second electrodes.
20. The apparatus of claim 19, wherein the first conductive heating element and the second conductive heating element are carbon fiber planar heating elements.
The Present application (claim 1)
1. A heating system associated with a sauna, comprising: a first planar conductive heating element configured to generate heat using a first alternating current; a second planar conductive heating element configured to generate heat using a second alternating current; a heat-resistant sheet between the first planar conductive heating element and the second planar conductive heating element; one or more alternating current sources configured to control the amount of first alternating current and the second alternating current provided to the first planar conductive heating element and the second planar conductive heating element respectively, wherein the first alternating current delivered to the first planar conductive heating element is opposite in phase to the second alternating current delivered to the second planar conductive heating element so that the electromagnetic emissions from the first planar conductive heating element are cancelled out by the electromagnetic emissions from the second planar conductive heating element.
3. The heating system of claim 1, wherein the first planar conductive heating element and the second planar conductive heating element are arranged such that their poles are opposite to each other.
4. The heating system of claim 1, wherein the first planar conductive heating element is a metal heating element.
5. The heating system of claim 1, wherein the second planar conductive heating element is a metal heating element.
6. The heating system of claim 1, wherein the first planar conductive heating element is a carbon impregnated material.
7. The heating system of claim 1, wherein the second planar conductive heating element is a carbon impregnated material.
8. The heating system of claim 1, wherein the first planar conductive heating element and the second planar conductive heating element are coupled to first electrodes and second electrodes, wherein the first electrodes and the second electrodes comprise metal foil.
9. The heating system of claim 8, wherein the metal foil has a first thickness that is less than a second thickness of the insulation layer.
10. The heating system of claim 8, wherein the first electrodes and the second electrodes are located at a relative position and distance with respect to each other such that the electromagnetic emissions coming from the first planar conductive heating element and first electrodes are cancelled out by the electromagnetic emissions coming from the second planar conductive heating element and second electrodes.
11. The heating system of claim 10, wherein the first planar conductive heating element and the second planar conductive heating element are carbon fiber planar heating elements.
12. An apparatus, comprising: a first planar conductive heating element configured to generate heat using a first alternating current; a second planar conductive heating element configured to generate heat using a second alternating current; a heat-resistant sheet between the first planar conductive heating element and the second planar conductive heating element; one or more alternating current sources configured to control the amount of first alternating current and the second alternating current provided to the first planar conductive heating element and the second planar conductive heating element respectively, wherein the first alternating current delivered to the first planar conductive heating element is opposite in phase to the second alternating current delivered to the second planar conductive heating element so that the electromagnetic emissions from the first planar conductive heating element are cancelled out by the electromagnetic emissions from the second planar conductive heating element.
14. The apparatus of claim 12, wherein the first planar conductive heating element and the second planar conductive heating element are arranged such that their poles are opposite to each other.
15. The apparatus of claim 12, wherein the first planar conductive heating element is a metal heating element.
16. The apparatus of claim 12, wherein the second planar conductive heating element is a metal heating element.
17. The apparatus of claim 12, wherein the first planar conductive heating element is a carbon impregnated material.
18. The apparatus of claim 12, wherein the second planar conductive heating element is a carbon impregnated material.
19. The apparatus of claim 12, wherein the first planar conductive heating element and the second planar conductive heating element are coupled to first electrodes and second electrodes, wherein the first electrodes and the second electrodes comprise metal foil.
20. The apparatus of claim 19, wherein the metal foil has a first thickness that is less than a second thickness of the insulation layer.
21. The apparatus of claim 19, wherein the first electrodes and the second electrodes are located at a relative position and distance with respect to each other such that the electromagnetic emissions coming from the first planar conductive heating element and first electrodes are cancelled out by the electromagnetic emissions coming from the second planar conductive heating element and second electrodes.
22. The apparatus of claim 21, wherein the first planar conductive heating element and the second planar conductive heating element are carbon fiber planar heating elements.
The claims of the instant application are merely broader than the claims of the US Patent No. 11,792,896. The claims of the US Patent No. 11,792,896 “anticipate” the application claims. Therefore, the two sets of claims are not patentable distinct.
Claims 2 and 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 11 of U.S. Patent No. 11,792,896 in view of Azuma (US 5,796,076) cited by applicant. U.S. Patent No. 11,792,896 discloses substantially all features of the claimed invention except the heat-resistant sheet is an insulation layer comprising a polyester or heat-resistant plastic film. Azuma discloses a heat-resistant sheet is an insulation layer comprising a polyester or heat-resistant plastic film (col. 3, lines 17-19). It would have been obvious to one ordinary skill in the art before the effective filling date of the invention was made to utilize in U.S. Patent No. 11,792,896 the heat-resistant sheet is an insulation layer comprising a polyester or heat-resistant plastic film as taught by Azuma in order to provide insulating layer between the first conductive heating element and the second conductive heating element.
Response to Amendment
Applicant's arguments filed have been fully considered but they are not persuasive.
Applicant argues that “Figures 3 and 4 of the drawings depict exactly this structure…”. However, nowhere in Figures 3 and 4 show “one or more alternating current sources configured to control the amount of first alternating current and the second alternating current …” and also nowhere in the specification of the present application, the parent applications 13/427,899; 15/806,262 and 17/101,909 are disclosed the limitation show “one or more alternating current sources configured to control the amount of first alternating current and the second alternating current …”.
Applicant also requests withdrawal of the nonstatutory double patenting upon approval of the terminal disclaimer; however, no terminal disclaimer has been filed.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/QUANG T VAN/Primary Examiner, Art Unit 3761 October 1, 2026