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 1-7, 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Marsh (GB 1,017,160) in view of Arjaeng et al. (WO 94/09684).
Re. Cls. 1 and 11, Marsh discloses: A heating or cooling mat comprising; a
first carrier mat, a second carrier mat, and a first tube which is located in between the first and second carrier mat and kept in meander or spiral form to the first and second carrier mat, wherein the heating or cooling element is configured to be rolled up; and wherein the first carrier mat is connected to the second carrier mat to keep the first tube substantially in place (pg.1; lines 11-35, and pg. 2; lines 1-5; 13-30).
Reg. Cl. 11, a first carrier mat having a wired mesh shape; a second carrier mat
having a wired mesh shape; and a first tube located in between the first and second carrier mats and kept in a meander- shaped or spiral-shaped pattern relative to the first and second carrier mats; wherein the first carrier mat is connected to the second carrier mat to maintain the first tube substantially in place; wherein each of the carrier mats comprise wires of a polymer material with a thickness between 1 and 20 mm; and wherein the heating or cooling element is configured to be rolled up pg.1; lines 11-35, and pg. 2; lines 1-5; 13-30).
Re. Cls. 2, 3 and 13, Marsh discloses the use of plastic (pg. 2; lines 25-30),
however, Arjaeng et al. teaches: carrier mats are made of a polymer material. The polymer material is a thermoplastic polymer (Fig. 3; pg. 4; lines 30-37; pg. 5; lines 14-40).
Re. Cls. 4 and 14, Marsh discloses the use of plastic (pg. 2; lines 25-30),
however, Arjaeng et al. teaches: wherein the polymer material is selected
from a group consisting of polyethylene, polypropylene and polyvinyl chloride (Fig. 3; pg. 4; lines 30-37; pg. 5; lines 14-40).
It would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to modify Marsh’s heating mat with Arjaeng et al’s teachings of heating mats made from polymer thermoplastic materials. Doing so would provide a reliable and stable heat conducting mat.
Re. Cl. 5, Marsh discloses: wherein the first and second carrier mats have a
wired mesh shape (see claim 1 of Marsh).
Re. Cl. 6, Marsh as modified by Arjaeng et al. discloses: wherein each of the
carrier mats comprise wires of a polymer material with a thickness between 1 and 20 mm (pg.1; lines 11-35).
Re. Cls. 7 and 15, Marsh discloses: wherein the first and second carrier mats
have a multitude of connections on two positions next to the first tube.
Re. Cl. 12, Marsh discloses: wherein each of the carrier mats have a thickness
between 1 and 5 mm (pg.1; lines 33-35).
Claims 8, 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Marsh (GB 1,017,160) in view of Arjaeng et al. (WO 94/09684) and further in view of Last et al. (EP 3,205,945).
Re. Cls. 8, 9 and 16, Marsh discloses the use of a machine having a drum barrel
to make the invention (pg.2; lines 64 – pg. 2; lines 112), but fails to teach some of the claimed limitations.
However, Last et al. teaches a machine comprising: a first mat supply line for supplying a first carrier mat, wherein the first mat supply line is configured to transport the first carrier mat in a longitudinal direction of the first carrier mat; a first supply line for supplying a first tube; at least four first guides for positioning the first tube in a meander or spiral form relative to the first carrier mat; a second mat supply line for supplying a second carrier mat, wherein the second mat supply line is configured to transport the second carrier mat in a longitudinal direction of the second carrier mat and to apply the second carrier mat onto the first tube; and a binding apparatus for connecting the first and a second carrier mats in a meander- shaped or spiral-shaped pattern and to immobilize the first tube in between the first and second carrier mats, wherein the first guides form pairs which are separately moveable along the same line arranged perpendicular to the longitudinal direction, of the carrier mats; and wherein the pairs of first guides are positioned along the longitudinal direction (Abstract Figs. 6, 9a, 9b -12D).
Reg. Cl. 9. wherein the number of first guides is even and at least 6 and at most
50.
Re. Cl. 16, comprising: a first mat supply line for supplying the first carrier mat,
wherein the first mat supply line is configured to transport the first carrier mat in a longitudinal direction of the first carrier mat; a first supply line for supplying the first tube; at least four first guides for positioning the first tube in the meander-shaped or spiral-shaped pattern; a second mat supply line for supplying the second carrier mat, wherein the second mat supply line is configured to transport the second carrier mat in a longitudinal direction of the second carrier mat and to apply the second carrier mat onto the first tube; and a binding apparatus for connecting the first and second carrier mats and to immobilize the first tube in between the first and second carrier mats; wherein the longitudinal direction of the first carrier mat is the same as the longitudinal direction of the second carrier mat; wherein the first guides form pairs that are separately moveable along the same line arranged perpendicular to the longitudinal direction of the carrier mats; and wherein the pairs of first guides are positioned along the longitudinal direction.
It would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to modify Marsh’s heating mat with Last et al’s abovementioned machine limitations. Doing so would an apparatus for producing heating and/or cooling rolled mats that can be cut with a hand tool.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant is advised to review all prior art listed on the PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRELL L MCKINNON whose telephone number is (571)272-4797. The examiner can normally be reached Mon-Fri. 8:00 am to 4:30 pm..
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/TERRELL L MCKINNON/Supervisory Patent Examiner, Art Unit 3632