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 .
Drawings
The drawings are objected to because:
Improperly underlined numeral “100” in figure 1.
Element 10 is improperly shaded black in figure 7. See 37CFR1.84(m).
The sheet numbers for figures 1-11 are improperly bracketed. See 37CFR1.84(p)(1).
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 abstract includes phraseology which can be implied, stating "...according to an embodiment of the present disclosure...".
Claim Objections
Claim 1 is objected to because of the following informalities:
“…the bottom lower cover…” should read “…the bottom cover…”.
Appropriate correction is required.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “a power supply unit” in claim 3, “A communication unit” in claim 3, and “temperature control unit” in claim 3.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The claim limitations will thus be interpreted as follows:
Claim 3, “a power supply unit”: The corresponding structure provided in the disclosure (Par. 21) is the power supply unit (152) is configured to supply power to a heating cable inserted into the copper pipe. Because the corresponding disclosure is strictly functional, it does not provide sufficient structure for the claim limitation. Therefore, “a power supply unit” will be interpreted broadly as any structure configured to perform the functions stated in the disclosure. This may include an adapter, outlet, battery, processing device, software, logic, switch or any equivalents thereof.
Claim 3, “a communication unit”: The corresponding structure provided in the disclosure (Par. 21) is the communication unit (153) is configured to receive a user control signal from a predetermined user terminal. Because the corresponding disclosure is strictly functional, it does not provide sufficient structure for the claim limitation. Therefore, “a communication unit” will be interpreted broadly as any structure configured to perform the functions stated in the disclosure. This may include a processing device, input/output device, software, logic or any equivalents thereof.
Claim 3, “a temperature control unit”: The corresponding structure provided in the disclosure (Par. 21) is the temperature control unit (154) is configured to control a heating temperature of the copper pipe based on the user control signal received from the communication unit. Additionally (Par. 48) the temperature control unit controls the heating state of the heating cable by adjusting the applied voltage based on a control signal. Because the corresponding disclosure is strictly functional, it does not provide sufficient structure for the claim limitation. Therefore, “a temperature control unit” will be interpreted broadly as any structure configured to perform the functions stated in the disclosure. This may include a processing device, software, logic or any equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim is 3 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.
Regarding claim 3, the claim limitation “power supply unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
The examiner has carefully considered the term “power supply unit”. It natively meets the three-prong test as discussed above. One must then consider whether the term as understood by one of ordinary skill in the art would represent a sufficiently defined group of structures (e.g. “heat exchanger” and “air conditioner” do not generally invoke 112(f)). In this case, “power supply unit” does not have such a controlling definition. For example, it is too narrow a construction, based on the specification to consider that “power supply unit” must be a DC power adaptor (or functional equivalent) as one of ordinary skill in the art would be apprised of other means of power delivery (such as an AC converter, battery, charging circuit, or even a simple outlet strip). Consequently, the disclosure is devoid of any structure that performs the function of the claim, reciting only a “power supply unit” and its function.
Further, the claim limitation “communication unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
The examiner has carefully considered the term “communication unit”. It natively meets the three-prong test as discussed above. One must then consider whether the term as understood by one of ordinary skill in the art would represent a sufficiently defined group of structures (e.g. “heat exchanger” and “air conditioner” do not generally invoke 112(f)). In this case, “communication unit” does not have such a controlling definition. For example, it is too narrow a construction, based on the specification to consider that “communication unit” must be a wireless adapter (or functional equivalent) as one of ordinary skill in the art would be apprised of other means of electronic communication (such a wired network port, receiver antenna, or even a paired smartphone app). Consequently, the disclosure is devoid of any structure that performs the function of the claim, reciting only a “communication unit” and its function.
Lastly, the claim limitation “temperature control unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
The examiner has carefully considered the term “temperature control unit”. It natively meets the three-prong test as discussed above. Similar to the above stated, one must consider whether the term as understood by one of ordinary skill in the art would represent a sufficiently defined group of structures (e.g. “heat exchanger” and “air conditioner” do not generally invoke 112(f)). In this case, “temperature control unit” does not have such a controlling definition. For example, it is too narrow a construction, based on the specification to consider that “temperature control unit” must be a thermostat (or functional equivalent) as one of ordinary skill in the art would be apprised of other means for controlling temperature (such as a microcontroller, or simply a manual potentiometer switch/knob). Consequently, the disclosure is devoid of any structure that performs the function of the claim, reciting only a “temperature control unit” and its function.
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 1-5 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.
Regarding claim 1, the claim states, “…wherein in the top cover and the bottom lower cover, at least one magnetic member is attached to one side surface.”. It is generally unclear what “one side surface” is in reference to (i.e. the side of the top cover, bottom cover, or a shared surface). Further, it is unclear whether there is one magnetic member in total, or one magnetic member the on top cover and one on the bottom cover (i.e. at least two magnetic members in total). Therefore, due to lack of clarity in the limitations, the claim is indefinite.
Regarding claim 3, the claim limitation “a power supply unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function of the claim, reciting only “a power supply unit” and its function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
The claim limitation “a communication unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function of the claim, reciting only “a communication unit” and its function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
The claim limitation “a temperature control unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function of the claim, reciting only “a temperature control unit” and its function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Regarding claim 5, the claim states “…further comprising a side surface cover having the same thickness as a combined thickness of the bottom cover and the top cover, including an empty space formed therein, and having at least one through hole on one side surface.”. It is unclear whether “an empty space formed therein” is referring to a space between the top cover and bottom cover, or an empty space formed within the side surface cover. Additionally, it is unclear what “side surface” is referring to (i.e. the side surface of claim 1, the side of the top or bottom cover, the side of the side surface cover) and subsequently where the “through hole” is located. Therefore, due to lack of clarity in the limitations, claim is indefinite.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Kurz (German Publication No. DE3717577A1), hereinafter Kurz, in view of Jeong (US Publication No. 20160014847A1), hereinafter Jeong.
Regarding Claim 1, Kurz teaches (Figure 1) a heating panel comprising: a first layer (copper heat exchanger tubes 5) in which a copper pipe is provided; a second layer provided on the first layer (heat-conductive copper grid 3) and patterned with at least one copper film; a top cover (top cover layer 2) configured to cover an upper surface of the second layer; and a bottom cover (lower cover layer 6) configured to cover a lower surface of the first layer. Kurz does not teach wherein in the top cover and the bottom lower cover, at least one magnetic member is attached to one side surface.
Jeong teaches (Figures 1 & 2) the use of a plurality of coupling members (120) comprising magnets (Pg. 1 Par. 13) disposed on the side of an electric heating mat (10) for the purpose of fixing adjacent electric heating mat panels together (Pg. 1 Par. 12).
Therefore, it would have been obvious before the effective filing date of the claimed invention to have modified the device of Kurz to incorporate the teachings of Jeong by including a plurality of coupling members comprising magnets disposed on the side of an electric heating mat. Doing so would provide a means for reasonably fixing adjacent heating panels together.
Regarding Claim 3, Kurz teaches all of the aspects of the claimed invention as stated above except a control module configured to control a heating state of the copper pipe, wherein the control module includes a temperature sensor configured to measure a temperature of the top cover, a power supply unit configured to supply power to a heating cable inserted into the copper pipe, a communication unit configured to receive a user control signal from a predetermined user terminal, and a temperature control unit configured to control a heating temperature of the copper pipe based on the user control signal received from the communication unit.
Jeong teaches (Figures 4 & 11) a controller (200) for the purpose of controlling the temperature of an electric heating mat (10) as well as providing it with DC power (Abstract, Ln. 6-13). The controller comprising: a current detection unit (240) for the purpose of sensing if a current for a corresponding temperature value has been reached (Pg. 6 Par. 96); an adaptor (20) for providing DC power to the device; a control unit (260) configured to receive a signal (Pg. 2 Par. 30) and control whether power is sent to the heating mat (Pg. 6 Par. 93); and a voltage control unit (230) for controlling the temperature of heating mat (Pg. 2 Par. 26).
Therefore, it would have been obvious before the effective filing date of the claimed invention to have modified the device of Kurz to incorporate the teachings of Jeong by including a controller comprising a current detection unit, adaptor, control unit, and a voltage control unit. Doing so would provide a means for controlling the temperature of an electric heating panel as well as providing it with DC power.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kurz in view of Custer (US Patent No. 2844696 A), hereinafter Custer.
Regarding Claim 2, Kurz teaches all of the aspects of the claimed invention as stated above except wherein the bottom cover includes a first inlet provided on one side surface, a second inlet provided on the other side surface facing the first inlet, and an insertion member inserted into the first inlet and the second inlet, and the insertion member is made of an elastic material and is provided in a tubular shape with a through hole penetrating the inside, and the copper pipe is inserted into the through hole.
Custer teaches (Figure 3 & 4) a snow melting mat comprising: a heating coil (22) disposed between a sheet (18) and a tread (34) which are made of rubber (Col. 2, Ln. 9-12); wherein part of the heating coil along with part of the sheet extend out of the side of the mat forming two plugs (24 & 26) which are received into a pair of recesses (28 & 30) formed on an adjacent mat for the purpose of electrically connecting adjacent mat sections (Col. 2, Ln. 47-51).
Therefore, it would have been obvious before the effective filing date of the claimed invention to have modified the device of Kurz to incorporate the teachings of Custer by having part of the heating coil extend out of the side of the mat and be inserted into a recess formed on an adjacent mat. Doing so would provide a means for electrically connecting adjacent mat sections together.
Additionally, Custer teaches that it is known to rearrange the size and shape of a mat in order to cover any area of a particularly desired geometry (Col. 1, Ln. 28-34).
Therefore, it would have been an obvious matter of design choice to a person of ordinary skill in the art to have the pair of recesses formed anywhere on the edge in any multiple, including two recesses formed on opposing sides of the mat, in order to accommodate assembly of a mat in the size and shape needed for the particular area. Such a modification would have only required routine skill in the art to accommodate the aforementioned requirements. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges only involves routine skill in the art.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kurz in view of Stefanoski et al. (US Publication No. US 20240023278 A1), hereinafter Stefanoski.
Regarding Claim 4, Kurz teaches (Figure 1) wherein the copper pipe of the first layer (copper heat exchanger tubes 5) is made of the same material (copper) as that of the copper film of the second layer (heat-conductive copper grid 3), and in the bottom cover, a region where the first layer is mounted is coated with epoxy (adhesive bed; Pg. 4 Par. 8). Kurz does not teach the copper pipe and the copper film joined by soldering.
Stefanoski teaches (Pg. 2 Par. 25) that it is known to use soldering as a method for attaching thermally conductive components within a heating device because doing so provides a thermal path between the components.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to have modified the device of Kurz to incorporate the teachings of Stefanoski by using soldering as a method for attaching the copper film and copper pipe. Doing so would provide a thermal path between the copper film and copper pipe.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kurz in view of Gu (Korean Publication No. KR20100020990A), hereinafter Gu.
Regarding Claim 5, Kurz teaches all of the aspects of the claimed invention as stated above except a side surface cover having the same thickness as a combined thickness of the bottom cover and the top cover, including an empty space formed therein, and having at least one through hole on one side surface.
Gu teaches (Figure 3) a frame (10), having at least one through hole (hole on frame adjacent to component 10b), covering the sides of a thermal mat for the purpose of preventing a plurality of warming plates (40), which are housed within, from moving during use (Pg. 3 Par. 14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to have modified the device of Kurz to incorporate the teachings of Gu by adding a side-covering frame. Doing so would aid in keeping adjacent heating tiles securely in place during use.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kollmann et al. (US Patent No. 12066348) discloses a modular system of tiles with a variety of features including sensors, layered heating elements, and magnetic connections.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS FREDRICK GAUTHIER whose telephone number is (571)272-8725. The examiner can normally be reached 8:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, EDWARD LANDRUM can be reached at (571) 272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS FREDRICK GAUTHIER/Examiner, Art Unit 3761 /EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761
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