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 abstract of the disclosure is objected to because the legal phraseology such as “means” or “comprises” or “comprising” or “said” often used in patent claims should be avoided in the abstract. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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. Clarification or correction is needed.
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.
Regarding claims 1-22, the claim limitation “a first planar conductive heating elements configured to generate heat…” , and “a second planar conductive heating elements configured to generate heat…”, recited in claims 1-22, have been interpreted under 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph, because it uses a generic placeholder “element” coupled with functional language “configured to generate heat …” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier; the term “planar conductive heating” does not provide further clarity as to the structure. Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 1-22 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appear to be the corresponding structures described in the specification for the 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph limitation: [para. 00212, lines 2-5, Detailed Description, cited:[ "The planar conductive elements can be made of metal, of carbon powder or carbon fibers mixed in a binder and printed, coated, or impregnated on plastic film,…etched metal foil.”)].
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not wish to have the claim limitation treated under 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph, applicant may amend the claim so that it will clearly not invoke 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph, or present a sufficient showing that the claim recites sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or 35 U.S.C. (pre-AIA ), sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance with 35 U.S.C. § 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 112
Claims 1-22 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 claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. In this case, the term “one or more alternating current sources configured to control the amount of first alternating current and the second alternating current provided…heating element respectively…”, recited in claims 1 and 12, contains subject matter which was not described in the specification at the time the application was filed. Clarification or correction is needed.
NOTE: For purpose of examination, it is presumed the term “one or more alternating current sources configured to control the amount of first alternating current and the second alternating current provided…heating element respectively…” should be read as “a controller configured to control the amount of first alternating current and the second alternating current provided…heating element respectively…”.
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 1-22 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.
In claims 1 and 12, the term “one or more alternating current sources configured to control the amount of first alternating current and the second alternating current…”, recited in lines 8-9, is indefinite because it is unclear how “alternating current sources can be able 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…”. 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.
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, 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. 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 set 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.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3, 12 and 14 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Azuma (US 5,796,076) in view of Kil (US 2006/0289463) both cited by applicant. Regarding claims 1 and 12, Azuma discloses a sauna heater control comprising a first planar conductive heating element (2a+H1, col. 3, lines 17-20 and col. 3, lines 42-43) configured to generate heat using a first alternating current (9); a second planar conductive heating element (2b+H2, col.3, lines 17-20 and col. 3, lines 42-43) configured to generate heat using a second alternating current (9); a heat-resistant sheet between the first planar conductive heating element and the second planar conductive heating element (col. 3, lines 17-19); a controller (15) 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 (col. 5, lines 65-67 and col. 6, lines 1-39). However, Azuma does not disclose 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. Kil discloses 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 (par. 0165). 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 Azuma 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 as taught by Kil in order to provide a heating in a non-magnetic wave state. Regarding claims 3 and 14, Kil discloses the first planar conductive heating element and the second planar conductive heating element are arranged such that their poles are opposite to each other (par. 0165).
Claims 4-5 and 15-16 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Azuma (US 5,796,076) in view of Kil (US 2006/0289463) and further in view of Gordon (US 5,023,433) all cited by applicant. Regarding claims 4-5 and 15-16, Azuma/Kil discloses substantially all features of the claimed invention except the first planar conductive heating element is a metal heating element and the second planar conductive heating element is a metal heating element. Gordon discloses a first planar conductive heating element is a metal heating element and a second planar conductive heating element is a metal heating element (col. 2, lines 38-52). 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 Azuma/Kil the first planar conductive heating element is a metal heating element and the second planar conductive heating element is a metal heating element as taught by Gordon in order to provide heat.
Claims 6-7 and 17-18 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Azuma (US 5,796,076) in view of Kil (US 2006/0289463) and further in view of CN201639794U all cited by applicant. Regarding claims 6-7 and 17-18, Azuma/Kil discloses substantially all features of the claimed invention except the first planar conductive heating element is a carbon impregnated material and the second planar conductive heating element is a carbon impregnated material. CN201639794U discloses a first planar conductive heating element is a carbon impregnated material and a second planar conductive heating element is a carbon impregnated material (translation, page 6 of 8). 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 Azuma/Kil the first planar conductive heating element is a carbon impregnated material and the second planar conductive heating element is a carbon impregnated material as taught by CN201639794U in order to provide heat.
Claims 8-11 and 19-22 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Azuma (US 5,796,076) in view of Kil (US 2006/0289463) and further in view of Shimada (JP10-261542A and Lee et al (US 2008/0143249) all cited by applicant. Regarding claims 8-9 and 19-20, Azuma/Kil discloses substantially all features of the claimed invention except the first electrodes and the second electrodes comprises metal foil and the metal foil has a first thickness that is less than a second thickness of the insulation layer. Shimada discloses first electrodes and second electrodes comprise metal foil (abstract). Lee discloses a metal foil has a first thickness that is less than a second thickness of the insulation layer (“A silicon nitride layer having a thickness of 1500, ANG. was formed as an interlayer insulating layer on the entire surface of the substrate having the gate electrode, and source and drain electrodes of aluminum having thickness of 100.ANG. were connect”). 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 Azuma/Kil the first electrodes and the second electrodes comprises metal foil as taught by Shimada and the metal foil has a first thickness that is less than a second thickness of the insulation layer as taught by Lee in order to provide suitable for user specific application. Regarding claims 10 and 21, Kil discloses the first electrode 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 electrode (par. 0165). Regarding claims 11 and 22, Azuma discloses the first conductive heating element (2a+H1) and the second conductive heating element (2b+H2) are carbon fiber planar heating elements (col. 3, lines 17-19 and col. 3, lines 42-43).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Lee et al (US 11,081,659) discloses planar heating element. Lim et al (US 9,66,301) discloses wet-use plane heater using PTC constant heater-ink polymer.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANG T VAN whose telephone number is (571)272-4789. The examiner can normally be reached Mon-Fri 9:00-6:00.
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/QUANG T VAN/Primary Examiner, Art Unit 3761 July 2, 2026
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