DETAILED ACTION
This is responsive to the amendment dated 9/17/26.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
Claim(s) 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Feng et al. (US 9,089,008 Feng) in view of KR 20090012225 (hereinafter KR ‘225, machine translation previously of record).
Regarding claim 1, Feng discloses a seat heating device (col. 1, ln. 19) comprising: a heating conductor that includes a plurality of carbon nanotubes (112) and a binder (111) that binds the respective carbon nanotubes to each other (col. 2, ln.15-17); an electrically insulating sheet (110)(col. 2, ln. 4-9) to which the heating conductor is fixed (fig. 1); and a pair of electrodes (12, 13) electrically connected (see wiring diagram in fig. 1) to the respective opposite end portions of the heating conductor in a width direction thereof, each electrode extending along a longitudinal direction of the heating conductor (see annotated figure below), wherein the carbon nanotubes are oriented such that the longitudinal axes of the nanotubes are substantially aligned with one another in a direction perpendicular to a direction in which the electrodes extend (col. 3, ln. 40-49).
Feng, however, does not show that the heating device is in a toilet seat. Attention is turned to KR ‘225 which teaches that it is known to provide a carbon nanotube heater on a toilet seat (abstract). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided the seat heater of Feng in a toilet seat since it is known to use carbon nanotube heaters to heat toilet seats in order to enhance user comfort.
Regarding claim 3, Feng as modified shows all of the instant invention as discussed above, and KR ‘225 shows that the heating device is mounted on a back surface of a toilet seat section (see fig. 4, see that the heater extends from the back portion of the seat near the hinge and is considered a back surface).
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Claim(s) 2, 4, 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Feng and KR ’225, in view of Masao et al. (US 6,294,758 hereinafter Masao).
Regarding claim 2, Feng as modified shows all of the instant invention as discussed above, but the combination is silent as to the seat heading device being mounted on an upper, user-facing surface of the toilet seat section. Attention is turned to Masao which teaches a similar carbon-based sheet heating device (2) which is mounted on a toilet seat section (fig. 7) on an upper, user-facing surface (13)(fig. 8a, 8b, see that 2 is connected to 13 which is the surface the user sits on.) It would have been obvious to have provided the heater of Feng as modified in the user facing surface of a toilet seat in order to enhance user comfort.
Regarding claim 4, Feng as modified shows all of the instant invention as discussed above, and shows that the insulating sheet (110) is PVC, PU, PTFE etc., and therefore does not specify that it is one of polyethylene terephthalate, polypropylene, polyethylene, polycarbonate, or polyimide. Attention is again turned to Masao which teaches that it is known to use polypropylene or PET-P (col. 11, ln. 57-59). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have formed the insulating sheet of Feng from polypropylene or PET-P since they are thermally stable and workable.
Regarding claim 6, Feng as modified shows all of the instant invention as discussed above, but is silent as to the particulars of a design sheet. Attention is again turned to Masao, which teaches a similar sheet heater (2) with a first side (top of 2) facing a surface of a toilet seat (3)(13) and a second side opposite the first (bottom of 2)(fig. 5)(fig. 6a), with a design sheet/reflector (10) disposed on the second side (fig. 5)(note that to the extent that the reflector is a sheet, and absent further limitation, it is considered a ‘design sheet.’). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided a reflective member/reflector on the second side of the heater of Feng in order to better direct the heat generated and enhance user comfort.
Regarding claim 7, Feng as modified shows all of the instant as discussed above, but does not show a reflective member which directs heat toward the user. Attention is again turned to Masao which teaches a heat reflective member (10) which directs heat from the heat generating portion (2) toward the user. It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided a reflective member/reflector in the heater of Feng in order to better direct the heat generated and enhance user comfort.
Claim(s) 5 are rejected under 35 U.S.C. 103 as being unpatentable over Feng and KR ’225, in further view of Tokunaga (US 8,881,317).
Regarding claim 5, Feng shows all of the instant invention as discussed above, but does not show that the electrodes are formed using a conductive paste. Attention is turned to Tokunaga which teaches that it is known to form an electrode (56) from conductive paste (col. 12, ln. 65-66). It would have been obvious to one having ordinary skill in the art to have provided the electrodes in a conductive paste to enable the electrodes to be appropriately shaped so that the heater can uniformly distribute heat to the toilet seat.
Response to Arguments
Applicant' s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 ERIN L DEERY whose telephone number is (571)270-1928. The examiner can normally be reached Mon - Thur, 7:30am - 4:30pm; Fri 8:00am-12:00pm.
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/ERIN DEERY/Primary Examiner, Art Unit 3754
