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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 21-26, 28, 32, 37, 39-40 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Batori (8176694).
Batori (figures 4, 9-14) shows an underlayment adapted to receive and secure at least one electric heating element(col 5 lines56-65) of a radiant heating assembly, the underlayment comprising: a base material defining an area and having a first side and a second side disposed opposite the first side; and a number of protrusions(figure 9) extending from the base material, wherein a first protrusion of the number of protrusions is disposed on the first side of the base material, the first protrusion configured as a geometric shape having at least two sides, wherein one or more of the at least two sides includes an element receiving surface, wherein a second protrusion of the number of protrusions is disposed on the first side of the base material and adjacent to the first protrusion, the second protrusion configured as a geometric shape having at least two sides, wherein one or more of the at least two sides includes an element receiving surface(710, figure 9 ), wherein the element receiving surface of the second protrusion is offset from and facing the element receiving surface of the first protrusion forming an element receiving cavity therebetween(figures 4, 14, col 6 20-29 discloses different shapes forming different cavity shapes), wherein the element receiving cavity is configured to contain at least one electric heating element(440, 450, 460) of the radiant heating assembly, and wherein at least two protrusions of the number of protrusions are configured as part of another protrusion of the number of protrusions, forming routing hubs.
Per claim 22, Batori further shows at least two routing hubs(figure 9, every four 720) disposed adjacent to one another forming a routing element receiving cavity therebetween, wherein each routing hub comprises at least four of said number of protrusions(720) equally-spaced in a circular array about an array axis, wherein the protrusions comprise at least one said first protrusion and at least one said second protrusion.
Per claim 23, Batori further shows the at least two routing hubs are configured to contain the at least one electric heating element via the element receiving cavity and the routing element receiving cavity.
Per claim 24, Batori further shows said element receiving surface is an arcuate receiving surface(figure 4 shows different shapes; col 4 lines 27-41, col 6 lines 20-29).
Per claim 25, Batori further shows said element receiving surface is an angular receiving surface(figure 4 shows different shapes; col 4 lines 27-41, col 6 lines 20-29).
Per claim 26, Batori further shows said first protrusion and said second protrusion are formed from said base material.
Per claim 28, Batori further shows the first protrusion comprising a top surface and a sloping surface, wherein the sloping surface forms an obtuse angle with the top surface and slopes downwardly from the top surface toward the first side of the base material(the obtuse angle starts from the top, see figure 4).
Per claim 32, Batori (figures 4, 9-14) further shows a floor assembly, comprising: an underlayment layer(700) having a base material defining an area and having a first side and a second side disposed opposite the first side; a number of protrusions (720) extending from the base material, wherein a first protrusion of the number of protrusions is disposed on the first side of the base material, the first protrusion configured as a geometric shape having at least two sides, wherein one or more of the at least two sides includes an element receiving surface(730), and a second protrusion of the number of protrusions is disposed on the first side of the base material and adjacent to the first protrusion, the second protrusion configured as a geometric shape having at least two sides, wherein one or more of the at least two sides includes an element receiving surface(730), wherein the element receiving surface of the second protrusion is offset from and facing the element receiving surface of the first protrusion forming an element receiving cavity therebetween, wherein the element receiving cavity is configured to contain at least one electric heating element(cable) of a radiant heating assembly, and wherein at least two protrusions of the number of protrusions are configured as part of another protrusion of the number of protrusions, forming routing hubs; and a heating member positioned between the first and second, protrusions, wherein the first and second protrusions secure the heating member.
Per claim 37, Batori further shows said heating member is one of a wire and a fluid conduit.
Per claim 39, Batori further shows the first protrusion comprising a top surface
and a sloping surface, wherein the sloping surface forms an obtuse angle(measuring from top to bottom, see figure 4 for the different angles) with the top surface and slopes downwardly from the top surface toward the first side of the base material.
Per claim 40, Batori shows an underlayment adapted to received and secure at least one electric heating element of a radiant heating assembly, the underlayment comprising: a base defining an area and having a first side and a second side disposed opposite the first side; and a number of protrusions extending from the base, wherein the number of protrusions are grouped into routing rubs, wherein a first set of protrusions of the number of protrusions(720, 120) is disposed on the first side of the base to form a first routing hub, wherein each protrusion of the first set of protrusions is configured as a geometric shape having at least two sides, wherein one or more of the at least two sides include an element receiving surface(730), one or more of the at least two sides(figure 4, the sides pointed to by 120A angling toward the center point of 120) is downward-sloping toward the base in a direction of a center point defined between the first set of protrusions, wherein a second set (another four 720) of protrusions of the number of protrusions is disposed on the first side of the base to form a second routing hub, wherein each protrusion of the second set of protrusions is configured as a geometric shape having at least two sides, wherein one or more of the at least two sides include an element receiving surface, wherein the first routing hub is adjacent to a second routing hub such that a first protrusion of the first set of protrusions is adjacent to a second protrusion of the second set of protrusions, wherein the element receiving surface of the second protrusion is offset from and facing the element receiving surface of the first protrusion forming an element receiving cavity therebetween, wherein the element receiving cavity is configured to contain at least one electric heating element of the radiant heating assembly.
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(s) 27, 29-31, 33-36, 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Batori in view of Whitacre (5052161).
Batori shows all the claimed limitations except for cutout portions adapted
to receive one of at least adhesive, epoxy, grout, cement, glue, and plastic.
Whitacre discloses cutouts (40) in the underlayment to receive one of at least adhesive, epoxy, grout, cement, glue, and plastic.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Batori’s structure to show cutout portions adapted to receive one of at least adhesive, epoxy, grout, cement, glue, and plastic as taught by Whitacre with a reasonable expectation of success in order to enable secured anchoring of the underlayment to the substructure.
Per claim 29, Batori as modified further shows a plurality of routing hubs disposed on the first side of the base material and arranged in a matrix configuration, each routing hub comprising a said first protrusion and a said second protrusion, wherein at least one cutout portion of the first protrusion and of the second protrusion is adapted to receive at least one of adhesive, epoxy, grout, cement, glue, and plastic, and wherein the element receiving cavity comprises an arcuate receiving surface.
Per claim 30, Batori as modified further shows the first and second protrusions are formed from the base material (col4 lines 62-67).
Per claim 31, Batori as modified further shows the first protrusion comprising a top surface and a sloping surface, wherein the sloping surface forms an obtuse angle with the top surface and slopes downwardly from the top surface toward the first side of the base material.
Per claims 33-36, 38, Batori shows all the claimed limitations except for a pad layer, wherein the pad layer is attached to the base material, the pad layer is attached to the base material by at least one of adhesive, thermal bonding, welding, and mechanical attachment, wherein the pad layer is at least one of foil, cork, rubber plastic, concrete, wood, organic materials, inorganic materials, composites, and compounds, a subfloor, wherein the subfloor is attached to a bottom side of the pad layer, cutout portions adapted to receive one of at least adhesive, epoxy, grout, cement, glue, and plastic.
Whitacre discloses cutouts (40 or 42) in the underlayment to receive one of at least adhesive, epoxy, grout, cement, glue, and plastic (46) to join together a pad (col 4 lines 29-35), the underlayment and a concrete subfloor.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Batori’s structure to show cutouts (40 or 42) in the underlayment to receive one of at least adhesive, epoxy, grout, cement, glue, and plastic (46) to join together a pad (col 4 lines 29-35), the underlayment and a concrete subfloor as taught by Whitacre with a reasonable expectation of success in order to enable secured anchoring of the underlayment to the substructure while preventing cracking between the tiles and subfloor.
Batori as modified further shows a pad layer, wherein the pad layer is attached to the base material, the pad layer is attached to the base material by at least one of adhesive, thermal bonding, welding, and mechanical attachment, wherein the pad layer is at least one of foil, cork, rubber plastic, concrete, wood, organic materials, inorganic materials, composites, and compounds, a subfloor, wherein the subfloor is attached to a bottom side of the pad layer, cutout portions adapted to receive one of at least adhesive, epoxy, grout, cement, glue, and plastic.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows different underlayment designs.
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/PHI D A/ Primary Examiner, Art Unit 3633