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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/9/2024, 05/12/2025, 10/27/2025 and 12/04/2025.The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of the Claims
In the amendment dated 11/19/2023, claims 1, 3-6, 9-11, 13-14, 16-21, 23, 25, 28 and 29 are pending.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every features of the invention specified in the claims.
The limitation "non-heating panel" recited in line 20, claim 1 and line 24, claim 28 and 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.
Claim Objections
Claims 1, 9, 11, 13 and 23 are objected to because of the following informalities:
Claim 1, line 3- last line, “the heating panel” should be “the at least one heating panel”. Claims 9 and 16 recites the same term “the heating panel” which should be amended as “the at least one heating panel”.
Claim 1, line 16, “the panel” should be “the at least one heating panel”.
Claim 9, last line, “12.5 mm.”” should be “12.5 mm."
Claim 11 “the at least one heating panel room-facing surface layer” should be “the room-facing surface layer of the at least one heating panel”.
Claim 13, “the at least one heating panel room-facing surface layer“ should be “the room-facing surface layer of the at least one heating panel”.
Claim 23, line 4, “the controller” should be “the thermostat controller”
Appropriate correction is required.
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, 3-6, 9-11, 13-14, 16-21, 23, 25, 28 and 29 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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 recites the term “a ceiling of the room” in line 3. First, it is unclear the term “a ceiling” corresponds to the “ceiling” recited in the preamble (line 1). If so, the term “a ceiling” (line 3) should be “the ceiling”.
Claim 1 recites the term “the framing- facing side of the at least one laminar heating element” in lines 10-11. There is insufficient antecedent basis for the limitation “the framing- facing side” in the claim and it is unclear if it corresponds to the framing-facing side of the thermally conductive layer previously recited in lines 6-7. If “the framing- facing side of the at least one laminar heating element” is different from the framing-facing side of the thermally conductive layer, “the framing- facing side of the at least one laminar heating element” should be amended as “a framing- facing side of the at least one laminar heating element”.
Claim 1 recites the term “the framing-facing surface of the panel” in line 15. There is insufficient antecedent basis for the limitation “the framing-facing surface” in the claim and it is unclear if the term “the framing-facing surface of the panel “refers to the “framing-facing side of the thermally conductive layer” previously recited in lines 8-9. If not, the term “the framing-facing surface of the panel” should be amended as “a framing-facing surface of the panel”.
Claim 1 recites limitation “at least one non-heating panel having a like materials of construction as the room-facing surface layer of the heating panel…” recited in lines 20-21 is rejected under 35 U.S.C. 112(b) as being indefinite because the phase “having a like materials of construction as the room-facing surface layer of the heating panel” renders the scope of the claim unclear. Specially, it is unclear what degree of similarity is required by the term “like materials of construction” or it is not sure whether the at least one non-heating panel constructed from the same material as the room-facing surface layer of the heating panel or not. Therefore, one of the ordinary skill in the art would not be reasonably apprised of the metes and bound of the claimed invention. Claim 28 recites the same limitation “at least one non-heating panel having a like materials of construction as the room-facing surface layer of the heating panel…” so claim 28 is rejected by the same reasons as discussed in claim 1.
Claim 1 recites the terms “at least one heating panel” and “at least one non-heating panel” in lines 22-23 is unclear if they correspond to the “at least one heating panel” and “at least one non-heating panel” previously recited in lines 3 and 22. For examination purposes, the terms “at least one heating panel” and “at least one non-heating panel” (lines 22-23) refer to the ones in lines 3 and 22. Claim 28 recites the same terms “at least one heating panel” and “at least one non-heating panel” so this claim is rejected by the same reasons as discussed above in claim 1.
Claim 1 recites the term “each seam” in line 24. It is unclear the relationship between the term “each seam” and the term “a seam” previously recited in line 22. Stated another way, it is not sure whether the term “each seam” corresponds to the term “a seam” in line 22. For examination purposes, the term “each seam” is construed as “the seam”. Claim 28 recites the same term “each seam” so that this claim is rejected by the same reasons as discussed in claim 1.
Claim 6 recites the term “the panel” in lines 3-4. It is unclear if the term “the panel” refers to the “at least one heating panel” or “at least one non-heating panel” previously recited in claim 1. For examination purposes, the term “the panel” is construed as “the heating panel”. Claims 13, 14, 17, 18 and 21 recite the same term so that these claims are rejected by the same reason as discussed in claim 6.
Claim 16 recites the term “at least one heating panel” in line 2. It is unclear if the term “at least one heating panel” corresponding to the one previously recited in claim 1, line 3.
Claim 17 recites the term “a room-facing surface of the panel” in line 3. It is unclear if the term “a room-facing surface of the panel” corresponds to the “room-facing surface layer of the heating panel” previously recited in claim 1, lines 20-21.
Claim 17 also recites “the method of installing” in lines 3-4. There is insufficient antecedent basis for the limitation and it is unclear if the term “the method of installing” refers to “A method for installing” of claim 28.
Claim 17 recites the term “the each heating panel” in line 5. There is insufficient antecedent basis for the limitation and it is unclear if the term “the each heating panel” refers to the term “at least one heating panel” previously recited in claim 1.
Claim 19 recites the term “two heating elements” in line 2. It is unclear if the term “two heating elements” corresponds to the claimed “at least one laminar heating element” previously recited in claim 1. For examination purposes, the term “two heating elements” corresponds to the claimed “at least one laminar heating element”.
Claim 20 recites the term “the two heating elements” lacks antecedent basis. It is unclear if claim 20 being depended from claim 19 that comprises the “the two heating elements” in last line. .For examination purposes, claim 20 depends upon claim 19.
Claim 21 recites the term “the framing-facing surface of the panel” lacks antecedent basis. It is unclear if the term “the framing-facing surface of the panel” corresponds to the “protective framing-facing surface layer” previously recited in claim 1.
Claim 25 recites the term “its” renders the claim indefinite because it is unclear which previously recited element is being referenced. Thus, the metes and bounds of the claim cannot be determined with reasonable certainty.
Claim 25 recites the terms “at least two heating panels” and “seam”. It is unclear the relationship of the terms “at least two heating panels”, “seam” and “at least one heating panel”, “seam” previously recited in claim 1. Stated another way, it is not sure if the term “at least two heating panels” and “seam” (claim 25) corresponds to the “at least one heating panel” and “seam” (claim 1).
Claim 25 recites the limitation “further comprising a scrim tape disposed in the recess over the seam” is unclear which previously recited element is being referenced to comprise the scrim tape (i.e. the ceiling, thermally conductive layer, or seams further comprising a scrim tape disposed in the recess over the seam).
Claim 29 recites the term “heating panels” in line 2. It is unclear if the term “heating panels” includes the claimed “at least one heating panel” previously recited in claim 28. For examination purposes, the term “heating panels” comprises the claimed “at least one heating panel”.
Claim 29 recites the term “each heating panel” in lines 3-4. It is unclear the relationship of the terms “each heating panel” (claim 29) and the “at least one heating panel” (previously recited in claim 28)
Claims 3-5, 9-11, 19-20 and 29 are rejected as being dependent on, and failing to cure the deficiencies of, rejected independent claims 1 and 28.
Notes: Regarding claims 1, 3-6, 9-11, 13-14, 16-21, 23, 25, 28 and 29, in lieu of the numerous indefinite issues cited above, the claims need clarification before a suitable art rejection may be applied. See MPEP 2173.06.II "where there is a great deal of confusion and uncertainty as to the proper interpretation of the limitations of a claim, it would not be proper to reject such a claim on the basis of prior art."
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
WO2010082130A1 (cited in 12/19/2013 IDS) discloses a heating panel or module used in association with similar panels, to make a heating wall of the modular type, that is, consisting of a plurality of panels or modules associated with each other.
US20150382403A1 (cited in 12/04/2025 IDS) discloses a heating element (L) formed as a laminate including a thermally conductive substrate (1) having a first surface coated at least in part with an electrically insulating coating layer (2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIFFANY T TRAN whose telephone number is (571)272-3673. The examiner can normally be reached on Monday - Friday, 10am - 6pm.
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/TIFFANY T TRAN/ Primary Examiner, Art Unit 3761
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