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 .
Priority
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.
Claim Rejections - 35 USC § 112
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 1-10 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.
Claim 1, lines 4-5 recites “the main structural element”, there is insufficient antecedent basis for this limitation in the claim.
Claim 1, lines 8-9 recites “can be electrically connected”; claim 8, line 2 recites “can be integrated” which renders the claim indefinite because the phrase “can be” is not a positive recitation. It is suggested the delete the phrase “can be” and change to “is electrically connected; are integrated”. Appropriate correction is required.
Claims 2-7, 9 and 10 are also rejected because they are dependent on claim 1.
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.
Claims 1, 2, 4, 5, 8 and 9 are rejected under 35 U.S.C. 103 as being obvious over Schmitt (US 2001/0026681) in view of Stanzel (US 4,733,057).
With respect to the limitations of claim 1, Schmitt teaches a modular heated board system (title, abstract), comprising: a plurality of modular heated boards configurable in any desired arrangement (Figs 1-4, boards /planks 11, 0019), each of the modular heated boards comprising: an outer surface layer that is exposed to external elements and that forms the main structural element (Figs 3, 4, boards/planks 11 with surfaces 12-15, 0020) of the modular heated board; a heating layer located within (heating units 20, 0021) the modular heated board, the heating layer including a heating element (heating cables 26, 0021) and electrical leads (Fig 2, extension cables 38, 0022), the electrical leads provide for power input and output (0023); an insulating layer positioned within the modular heated board to direct heat from the heating layer towards the outer surface layer (Figs 3, 4, elongated insulating strip 21 formed of heat resistant insulating material, 0020); and an enclosing and fastening layer configured to enclose the insulating layer and to attach the modular heated board to a supporting structure (cover panel 22, 0020, where adhesive can be applied to bottom of cover panel 22 to fasten board/planks 11 to a supporting structure). Schmitt discloses the claimed invention except for explicitly showing each modular heated board can be electrically connected to an adjacent modular heated board via the electrical leads.
However, Stanzel discloses each modular heated board (Figs 1, 4, strips 40, heater elements 44, Col 6) can be electrically connected to an adjacent modular heated board via the electrical leads (Figs 1a, 1b, connection elements 2, electrodes 6, Col 5, Line 56 thru Col 6, Line 6) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the modular heated board system of Schmitt having a plurality of heated boards with leads silent to adjacent electrically connected heated boards with each modular heated board can be electrically connected to an adjacent modular heated board via the electrical leads of Stanzel for the purpose of providing a known interconnected, modular heated board arrangement with a variable size configuration that is adjusted based on size requirements of the support structure (Col 1, Lines 40-45).
With respect to the limitations of claims 2, 4, 5 and 8, Schmitt teaches the outer surface layer comprises a composite material (0019, composite material of wood particles in a plastic binder);
the outer surface layer (board/planks 11) comprises aluminum (aluminum channel extrusions 25, 0021);
the aluminum (aluminum channel extrusions 25) is capped or veneered with a decorative material (board/planks 11);
the plurality of modular heated boards (board/planks 11 can be screwed with or glued to conventional decking or furniture) can be integrated with conventional decking or arranged to resemble furniture. .
With respect to the limitations of claim 9, Schmitt in view of Stanzel discloses each of the electrical leads of the heating layer comprises a first pair of leads for power input to the modular heated board and a second pair of leads for power output from the modular heated board to enable electrical connection to an adjacent modular heated board (Stanzel, Fig 1b, 1d).
Claims 3 and 10 are rejected under 35 U.S.C. 103 as being obvious over Schmitt (US 2001/0026681) in view of Stanzel (US 4,733,057) as applied to claims 1 and 2, further in view of Szekely (US 11,891,803).
With respect to the limitations of claim 3, Schmitt in view of Stanzel discloses the claimed invention except for the composite material is a glass fiber reinforced composite material. However, Szekely discloses the composite material is a glass fiber reinforced composite material (Figs 4-7, the surface panel 112 on top of the base member 101 may be made a suitable material such as a composite, polymer plastic material, vinyl, rubber, urethane, ceramic, glass reinforced plastic, Col 7, Line 65 thru Col 8, Line 5) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the modular heated board system of Schmitt in view of Stanzel having an outer surface layer made of a composite material silent to a glass fiber reinforced composite material with the composite material is a glass fiber reinforced composite material of Szekely for the purpose of using a known tough, composite material that is suitable for use as an outer wear layer.
With respect to the limitations of claim 10, Schmitt in view Stanzel discloses the claimed invention except for further comprising a transformer/control box electrically connected to the modular heated boards, wherein the transformer/control box regulates voltage to each heating element and facilitates the distribution of power across the plurality of modular heated boards. However, Szekely discloses further comprising a transformer/control box electrically connected to the modular heated boards, wherein the transformer/control box regulates voltage to each heating element and facilitates the distribution of power across the plurality of modular heated boards (Col 8, Line 64 thru Col 9, Line 7) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the modular heated board system of Schmitt in view of Stanzel silent to a transformer/control box with the further comprising a transformer/control box electrically connected to the modular heated boards, wherein the transformer/control box regulates voltage to each heating element and facilitates the distribution of power across the plurality of modular heated boards of Szekely for the purpose of providing a known control means for that can be configured to activate, deactivate, and/or change heat settings for individual heaters in the structure assembly, thereby improving the overall versatility of the device.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being obvious over Schmitt (US 2001/0026681) in view of Stanzel (US 4,733,057) as applied to claim 1, further in view of Mulvey (US 2,816,201).
With respect to the limitations of claim 4, Schmitt in view of Stanzel discloses claimed invention except for the outer surface layer comprises aluminum. However, Mulvey discloses the outer surface layer comprises aluminum (Figs 1-3, Col 2, Lines 5-10, electrically heated plank is indicated generally at 10 and includes a hollow body member 12 constructed of any suitable material-aluminum) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the modular heated board system of Schmitt in view of Stanzel having an outer surface layer made of a composite material silent to aluminum with the outer surface layer comprises aluminum of Mulvey for the purpose of using a known tough, weather resistant material that is suitable for use as an outer wear layer.
With respect to the limitations of claim 5, Mulvey teaches the aluminum (aluminum channel extrusions 25) is capped or veneered with a decorative material (board/planks 11).
Claim 6 is rejected under 35 U.S.C. 103 as being obvious over Schmitt (US 2001/0026681) in view of Stanzel (US 4,733,057) as applied to claim 1, further in view of Corbett (US 2006/0090326).
With respect to the limitations of claim 6, Schmitt in view of Stanzel discloses the claimed invention except for the insulating layer comprises fiberglass insulation. However, Corbett discloses the insulating layer comprises fiberglass insulation (Fig 2a, backing layer 6, 0029, insulation materials such as an insulating board made of fiberglass and resin) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the modular heated board system of Schmitt in view of Stanzel having an insulation layer silent to fiberglass insulation with the insulating layer comprises fiberglass insulation of Corbett for the purpose of using a known fiberglass material that is suitable for an insulating board with good heater insulation properties (0029).
Claim 7 is rejected under 35 U.S.C. 103 as being obvious over Schmitt (US 2001/0026681) in view of Stanzel (US 4,733,057) as applied to claim 1, further in view of Nystrom (US 2020/0103124).
With respect to the limitations of claim 7, Schmitt in view of Stanzel discloses the claimed invention except for the insulating layer comprises rigid foam insulation. However, Nystrom discloses the insulating layer comprises rigid foam insulation (Figs 1, 4a, 4b, isolating core 160, 0118, polyurethane foam) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the modular heated board system of Schmitt in view of Stanzel having an insulation layer silent to foam with the insulating layer comprises rigid foam insulation of Nystrom for the purpose of using a known foam material that is suitable for an insulating board with good heater insulation properties.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
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 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THIEN S TRAN/Primary Examiner, Art Unit 3761 6/3/2026
Prosecution Insights