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 .
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 41-55 are rejected under 35 U.S.C. 103 as being unpatentable over Faotto (US 2018/0223543) in view of Bell et al. (GP 2,457,132) and Wang (US 8,476,359).
Regarding claim 41, Faotto teaches heating systems placed in subfloors which comprises a sheet made of polymeric material including a plurality of reliefs or bosses which are equally spaced apart, a connection layer, and a main insulation layer (“a studded membrane for underfloor heating, comprising one waterproof plastic sheet and of one base layer which is coupled to it on the lower side for anchoring the membrane on a laying surface”) (Paragraphs [0001]; [0030]-[0034]; Fig. 1-2). The bosses are considered to be equivalent to the studs of the instant claim and, as noted above, are equally spaced apart (“wherein said sheet is made up of a thin extruded plastic material and comprises studs protruding upwardly form the membrane-plane and are arranged in a matrix with regular center to center distance”). The bosses provide spaces in the forms of rows and columns in order to house an electric heating wire (“in such a way to obtain hollow and continuous spaces among them in the form of corridors”) (Paragraph [0037; Figs. 1-2).
Faotto is silent with respect to the sheets comprising retaining adhesive means suitable for retaining at least a heating cable or a pipe, placed among said studs on the top side; wherein said retaining means are adhesive curbs made up of a glue laid in strips exclusively on the membrane - plane, in correspondence with said corridors among the studs acting as laying corridors for said glue; and wherein each adhesive curb has a thickness of between 0.1 mm and 3 mm, and a width which is at the minimum of 0.5 mm and at the most equal to the center to center distance between opposite studs on the sides of its laying corridor; and wherein said studs are thicker than the adhesive curb and located at a useful distance higher than 0.5 mm; and wherein said glue of the adhesive curb is made up of an elastoplastic thermal fuse material of the hot melt type, sensitive to pressure and with a long open time, in such a way to retain in a removable way said heating cable placed in adhesion on it; and wherein said glue of the adhesive curb is made up of a material having a softening point higher than 70°C, and with a Brookfield viscosity greater than 2000 cPs measured at 160°C.
Bell teaches methods and materials for laying electric cables for underfloor heating (Pg. 1, Lines 3-4). The materials include a double-sided adhesive strip which is applied to the flooring in order to adhere the cables (Pg. 1, Lines 16-21; Pg. 2, Lines 19-24; Fig. 1).
Wang teaches a polyolefin hot melt adhesive which is suitable for adhering dissimilar materials (Col. 1, Lines 12-23). The adhesives provide improved cohesion strength, heat resistance and flexibility wherein the adhesives are formed from a composition which has a softening point between 200 and 320°F (93.3 to 160°C) and a Brookfield viscosity of 100 to 500,000 mPa*s (100 to 500,000 cPs) (Col. 4, Line 40-Col. 5, Line 31).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the sheets of Faotto such that the spaces between the bosses which are used to house an electric heating wire are further provided with the double sided adhesives of Bell to mechanically hold the cables wherein the adhesive is formed from the compositions of Wang which are taught to provide improved cohesion strength, heat resistance and flexibility wherein the adhesives are formed from a composition which has a softening point between 200 and 320°F (93.3 to 160°C) and a Brookfield viscosity of 100 to 500,000 mPa*s (100 to 500,000 cPs) (“retaining adhesive means suitable for retaining at least a heating cable or a pipe, placed among said studs on the top side; wherein said retaining means are adhesive curbs made up of a glue laid in strips exclusively on the membrane - plane, in correspondence with said corridors among the studs acting as laying corridors for said glue” & “wherein said glue of the adhesive curb is made up of an elastoplastic thermal fuse material of the hot melt type, sensitive to pressure and with a long open time, in such a way to retain in a removable way said heating cable placed in adhesion on it; and wherein said glue of the adhesive curb is made up of a material having a softening point higher than 70°C, and with a Brookfield viscosity greater than 2000 cPs measured at 160°C” ).
Faotto, Bell and Wang are silent with respect to wherein each adhesive curb has a thickness of between 0.1 mm and 3 mm, and a width which is at the minimum of 0.5 mm and at the most equal to the center-to-center distance between opposite studs on the sides of its laying corridor; and wherein said studs are thicker than the adhesive curb and located at a useful distance higher than 0.5 mm.
However, it would have been obvious to one of ordinary skill in the art before the time of the invention to optimize the ----dimensions of the double-sided adhesives of Bell utilized in the underfloor heating systems taught by Faotto as the invention is directed to methods and materials for adhering heating cables of an underfloor heating system, and the Applicant's invention is also directed towards the same (Instant Specification, PGPUB, Paragraphs [0001]-[0013]). As such, the range of the thickness of the adhesives being from 0.1 mm to 3 mm, the width of the adhesives being from 0.5 mm and at the most equal to the center-to-center distance between bosses and the bosses being thicker than the adhesives and having distances of greater than 0.5 mm as claimed is well within the purview of one of ordinary skill in the art. Furthermore, because the inventions of Faotto, Bell and Wang are utilized specifically to hold heating cables, the dimensions of the adhesives and the bosses would have been obvious to one of ordinary skill in the art. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) See MPEP 2144.05 (II).
Regarding claim 42, Faotto teaches the systems as discussed above with respect to claim 41. As discussed above, the adhesives are formed from the polyolefin hot melt-based adhesives.
Regarding claim 43, Faotto teaches the systems as discussed above with respect to claim 41. Bell further teaches the adhesives being placed in strips (Fig. 1).
Regarding claim 44, Faotto teaches the systems as discussed above with respect to claim 43. Bell further teaches the adhesives being placed in strips (Fig. 1).
Regarding claim 45, Faotto teaches the systems as discussed above with respect to claim 43. Bell further teaches the adhesives being placed in parallel strips which would include the strips being rectilinear and present only on longitudinal or transversal layer corridors, as parallel lines (Fig. 1).
Regarding claim 46, Faotto teaches the systems as discussed above with respect to claim 41. Wang further teaches the compositions including a colorant (Col. 5, Lines 36-43).
Regarding claim 47, Faotto teaches the systems as discussed above with respect to claim 41. The sheet of polymeric material may be formed from polyethylenes or polypropylenes, may have thicknesses of 50 microns to 2 mm (Paragraphs [0039]-[0041]).
Additionally, as discussed above, it would have been obvious to optimize the dimensions of the underfloor heating systems such that Faotto and applicant’s invention are directed to the same field of endeavor. As such, it would have been obvious to form the bosses to have a height of between 3 mm and 25 mm and having the distance between centers among near bosses of between 6 mm and 52 mm.
Regarding claim 48, Faotto teaches the systems as discussed above with respect to claim 47. The sheet of polymeric material may be formed from polyethylenes or polypropylenes (Paragraphs [0039]-[0041]).
Regarding claim 49, Faotto teaches the systems as discussed above with respect to claim 41. The sheet of polymeric material may have thicknesses of 50 microns to 2 mm (Paragraphs [0039]-[0041]).
As discussed above, it would have been obvious to optimize the dimensions of the underfloor heating systems such that Faotto and applicant’s invention are directed to the same field of endeavor. As such, it would have been obvious to form the bosses to have a height of between 5 and 10 mm, having the distance between centers among near bosses of between 20 and 32 mm, and the resulting rows between bosses having widths of 4 and 10 mm.
Regarding claims 50, Faotto teaches the systems as discussed above with respect to claim 41.
As discussed above, it would have been obvious to optimize the dimensions of the underfloor heating systems with the adhesives such that Faotto in view of Bell and applicant’s invention are directed to the same field of endeavor. As such, it would have been obvious to optimize the widths of the adhesives to be from between 1 mm and the width of the rows between bosses.
Regarding claims 51, Faotto teaches the systems as discussed above with respect to claim 50.
As discussed above, it would have been obvious to optimize the dimensions of the underfloor heating systems with the adhesives such that Faotto in view of Bell and applicant’s invention are directed to the same field of endeavor. As such, it would have been obvious to optimize the widths of the adhesives to be from between 2 mm and 5 mm.
Regarding claim 52, Faotto teaches the systems as discussed above with respect to claim 41. As shown in figures 1 and 2, the bosses have truncated cones shapes and are all identical.
Regarding claim 53, Faotto teaches the systems as discussed above with respect to claim 41. As shown in figure 1, the bosses include a blind recess (“wherein the studs have a head with a central cavity, the central cavity housing one of an adhesive mortar and a flat head”) (Paragraph [0034]).
Regarding claim 54, Faotto teaches the systems as discussed above with respect to claim 41. Faotto further teaches the connection layer being formed from a non-woven fabric (Paragraph [0054]).
Regarding claim 55, Faotto teaches the systems as discussed above with respect to claim 41. As discussed above, Faotto teaches a connection layer, being formed from a metal sheet, and the connection layer being located between the sheet of polymeric material and the main insulation layer, which is considered equivalent to the base layer (Paragraph [0063]).
Claim 56 is rejected under 35 U.S.C. 103 as being unpatentable over Faotto (US 2018/0223543) in view of Bell et al. (GP 2,457,132) and Wang (US 8,476,359) as applied to claim 55 above, and further in view of Bordin et al. (US 2018/0051893).
Regarding claim 56, Faotto teaches the systems as discussed above with respect to claim 55 which includes a connection layer formed from a metal sheet.
Faotto is silent with respect to the metal sheet being an aluminum sheet.
Bordin teaches underlayments associated with radiant floor or wall heating systems (Paragraph [0002]). The systems include a pad layer which may be formed from a heat reflective material, such as aluminum foil (Paragraph [0014]).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the metallic sheet of the connection layer of Faotto to be an aluminum sheet which is taught by Bordin to be a heat reflective material.
Response to Arguments
Applicant’s arguments/amendments, see pages 7-10, filed 06/23/2026, with respect to the objections of claims 22 and 30 have been fully considered and are persuasive. The objections of 03/24/2026 has been withdrawn.
Applicant’s arguments/amendments, see pages 7-10, filed 06/23/2026, with respect to the 35 U.S.C 112 rejection of claim 22 have been fully considered and are persuasive. The rejection of 03/24/2026 has been withdrawn.
Applicant's arguments filed 06/23/2026 have been fully considered but they are not persuasive.
On pages 7-10, applicant argues that the combination of Faotto, Bell and Wang fails to teach each of the limitations of claim 41. Specifically, the claim requires the adhesive curb remains recessed below the height of the studs which allows for the membranes to be non-adhesive during rolling and transport. None of the references of Faotto, Bell and Wang teaches this feature such that Faotto fails to teach the use of an adhesive, Bell only teaches an intentionally exposed adhesive, and Wang only teaches the material properties of an adhesive. As such, the combination would fail to teach the adhesive curbs being below the height of the studs.
The examiner is unpersuaded by applicant’s arguments such that it would have been obvious to one of ordinary skill in the art that the adhesives of Bell and Wang would have to be below the height of the bosses of Faotto. This is so such that the bosses of Faotto are designed to affix the heating cables in a desired manner (Figs. 1-2). The adhesives of Bell and Wang are relied upon in order to provide further adhesion of the cables to the embossed sheets of Faotto. One of ordinary skill in the art would recognize that should the adhesives be placed in order to provide the improved adhesion, they must be at a level below the bosses in order to allow for the bosses to provide the desired configuration. As such, the examiner contends that the combination of Faotto, Bell, and Wang teaches, or renders obvious, each of the limitations of claim 41, including the adhesive curbs being recessed below a level of an upper contact plane of the studs.
Lastly, the current rejection is made FINAL.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL P DILLON whose telephone number is (571)270-5657. The examiner can normally be reached Mon-Fri; 8 AM to 5 PM.
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/DANIEL P DILLON/Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
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