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 .
Response to Arguments
Drawings
Applicant's arguments filed 2/12/2026 have been fully considered but they are not persuasive.
The objections stand because the drawings are still not in accordance with 37 CFR 1.84, more detail is added herein in the drawing objection section.
Double Patenting
Applicant's arguments filed 2/12/2026 have been fully considered but they are not persuasive.
Regarding the applicant’s arguments to request the double patenting rejection to be held in abeyance until a final scope of the claims of the presented application is determined, the examiner respectfully points out that this is not possible per MPEP 1207.2 (A)(1) “The examiner must treat all pending, rejected claims as being on appeal, and must maintain all of the rejections set forth in the Office action from which the appeal is taken, unless appellant has overcome the rejection (e.g., by submitting persuasive arguments, an acceptable terminal disclaimer, or evidence). In situations where the appellant makes a request to hold a rejection in abeyance or did not present any argument on a rejection in the appeal brief, the examiner should maintain the rejection in the examiner’s answer”.
Claim Interpretation under 35 USC 112(f)
Applicant’s arguments, filed 2/12/2026, with respect to 35 U.S.C 112(f) have been fully considered and are moot in light of the recent amendments to the claims. The interpretations of 11/12/2025 have been withdrawn because the claims were amended.
Claim Rejection under 35 USC 112(a)
Applicant's arguments filed 2/12/2026 have been fully considered but they are not persuasive.
Regarding applicant’s arguments towards “wherein the coupling mechanism and the heater assembly are controlled, using a controller, to each perform heat exchange operations configured to achieve a predetermined level of heat exchange at the interface between the flexible inner sleeve and the container” being corrected by the amended recitation of wherein the coupler and the heater are controlled, using a controller, to each perform heat exchange control operations configured to achieve a predetermined level of heat exchange at the interface between the flexible inner sleeve and the container…and…wherein the heat exchange control operations comprise the mechanical energy sourcethrough the coupler to the moveable gripper a gripping force configured to move the moveable gripper element, reduce a size of the adjustable opening, and bring the flexible inner sleeve into an initial level of thermal contact with the container positioned within the adjustable opening are not persuasive because the applicant recites in par. 51 of the specification of the instant application that the controller is performing the controlling.
Applicant’s arguments, filed 2/12/2026, with respect to 112(a) regarding a heater assembly have been fully considered and are persuasive. The rejection of 11/12/2025 has been withdrawn.
Regarding applicant’s arguments towards “the recitation of a heater assembly is unclear in the specification and claims because 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 for all claimed structures and various claimed structures are indefinite and unclear” is clear in light of the applicant’s arguments that the applicant is referring to the flexible inner sleeve heater assembly 108 as disclosed in par. 116 of the specification of the instant application.
Applicant's arguments filed 2/12/2026 have been fully considered but they are not persuasive.
Regarding applicant’s arguments towards the applicant showing possession of the “coupling mechanism”, the examiner respectfully points out that applicant has not provided multiple representative species but has only identified in the specification what the coupling mechanism is attached to which does not provide support for or lend structure to what the coupling mechanism is. For this reason, a person of ordinary skill in the art would not be apprised of what structure the applicant is intending to be a coupling mechanism, only what the coupling mechanism is attached to or is in a mechanically cooperative relationship with. (see MPEP 2163.04).
Regarding applicant’s arguments towards the applicant showing possession of the “mechanical energy source”, the examiner respectfully points out that applicant has not provided multiple representative species but has only identified in the specification what the “mechanical energy source” is attached to which does not provide support for or lend structure to what the “mechanical energy source” is. For this reason, a person of ordinary skill in the art would not be apprised of what structure the applicant is intending to be a “mechanical energy source”, only what the “mechanical energy source” is attached to or is in a mechanically cooperative relationship with. (see MPEP 2163.04).
Regarding applicant’s arguments towards the applicant showing possession of the “gripper actuator”, the examiner respectfully points out that applicant has not provided multiple representative species but has only identified in the specification what the “gripper actuator” is attached to which does not provide support for or lend structure to what the “gripper actuator” is. For this reason, a person of ordinary skill in the art would not be apprised of what structure the applicant is intending to be a “gripper actuator”, only what the “gripper actuator” is attached to or is in a mechanically cooperative relationship with. (see MPEP 2163.04).
Regarding applicant’s arguments towards the applicant showing possession of the “clamping assembly”, the examiner respectfully points out that applicant has not provided multiple representative species but has only identified in the specification what the “clamping assembly” is attached to which does not provide support for or lend structure to what the “clamping assembly” is. For this reason, a person of ordinary skill in the art would not be apprised of what structure the applicant is intending to be a “clamping assembly”, only what the “clamping assembly” is attached to or is in a mechanically cooperative relationship with. (see MPEP 2163.04).
Essentially, the applicant has identified that the “coupling mechanism”, “mechanical energy source”, “gripper actuator”, and “clamping assembly” can include each other, or be attached to each other, or in a mechanically cooperative relationship with each other, but not what they are. The examiner concedes the applicant discloses what the “coupling mechanism”, “mechanical energy source”, “gripper actuator”, and “clamping assembly” can include in the specification but this is disclosed in such a manner that it is open ended and is written in such a way that it is devoid of adequate structure description to perform the claimed function of all claimed possible structures.
Regarding applicant’s arguments towards “wherein the coupling mechanism and the heater assembly are controlled, using a controller, to each perform heat exchange operations configured to achieve a predetermined level of heat exchange at the interface between the flexible inner sleeve and the container” being corrected by the amended recitation of wherein the coupler and the heater are controlled, using a controller, to each perform heat exchange control operations configured to achieve a predetermined level of heat exchange at the interface between the flexible inner sleeve and the container…and…wherein the heat exchange control operations comprise the mechanical energy sourcethrough the coupler to the moveable gripper a gripping force configured to move the moveable gripper element, reduce a size of the adjustable opening, and bring the flexible inner sleeve into an initial level of thermal contact with the container positioned within the adjustable opening are not persuasive because the applicant recites in par. 51 of the specification of the instant application that the controller is performing the controlling. The examiner respectfully points out that the specification is light on a description for performing heat exchange control operations and uses broad terms such as “dynamic adjustments”, “mitigation operations”, etc. but does not disclose how the controller is causing the apparatus to operate to perform heat exchange control operations.
The rejection stands and the examiner notes that in contrary to the applicant’s arguments, the written description is not intended to teach a person of ordinary skill in the art how to build the invention but is meant to disclose enough detail to provide evidence the applicant had possession of the invention, see MPEP 2163(A) “An invention described solely in terms of a method of making and/or its function may lack written descriptive support where there is no described or art-recognized correlation between the disclosed function and the structure(s) responsible for the function” and “An invention described solely in terms of a method of making and/or its function may lack written descriptive support where there is no described or art-recognized correlation between the disclosed function and the structure(s) responsible for the function”.
Claim Rejection under 35 USC 112(b)
Applicant's arguments filed 2/12/2026 have been fully considered but they are not persuasive.
Regarding applicant’s arguments towards MPEP 2172.01 and the rejections of 11/12/2025 being directed towards unclaimed essential subject matter. The examiner respectfully points out that the rejections of 11/12/2025 were directed towards the coupling mechanism and control via a controller capable of performing an action being unclear and wasn’t directed towards unclaimed essential subject matter. Further, the applicant’s cited MPEP 2172.01 requires a 112(b) rejection for claims rejected under 112(a) written description “Depending on the specific facts at issue, a claim which omits subject matter disclosed to be essential to the invention as described in the specification or in other statements of record may be rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as not enabling (see, e.g., In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976)); under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as lacking an adequate written description (see, e.g., Gentry Gallery, Inc. v. Berkline Corp., 134 F.3d 1473, 45 USPQ2d 1498 (Fed. Cir. 1998)); under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, as indefinite (see, e.g., In re Venezia, 530 F.2d 956, 189 USPQ 149 (CCPA 1976)); or under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, as failing to claim the subject matter that the inventor or a joint inventor (or, for applications subject to pre-AIA 35 U.S.C. 112, the applicant) regards as the invention (see, e.g., In re Collier, 397 F.2d 1003, 158 USPQ 266 (CCPA 1968))”.
The examiner respectfully still believes the language for claims 1 and 11 remain unclear even in light of the amended claims of 2/12/2026 and maintains these rejections with the amended claim language.
Claim Rejection under 35 USC 103
Applicant's arguments filed 2/12/2026 have been fully considered but they are not persuasive.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the applicant argues that the prior art of record does not teach the disclosure of the claims of the instant application. The examiner respectfully notes the specification is light on a description of how the apparatus of the claimed invention operates and that with regards to the apparatus claims 1-10 a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Further, with regards to claims 11 to 20, in a claim drawn to a process of making, the intended use must result in a manipulative difference as compared to the prior art. The claims and specification are broad enough to continue to be read on by the prior art of record.
Misuse of inherency to fill missing “heat exchange” limitations
Regarding applicant’s arguments towards the examiner’s use of Chen to teach a “predetermined level of heat exchange” and the applicant argues that Chen does not teach a predetermined heat-exchange level. The examiner respectfully argues that the specification and claims of the instant application are light on a disclosure on what a predetermined level of heat exchange is meant to be and how it is meant to be accomplished. Therefore, the disclosure of a “predetermined level of heat exchange” is interpreted very broadly by the examiner. The examiner concludes that this limitation is met by the structure and function of Chen because the structure of Chen is equivalent to the structure disclosed in the instant application and therefore, the art of Chen is capable of meeting the limitation of achieving a predetermined level of heat exchange.
Conflation of mechanical contact with controlled heat exchange
The applicant argues that the recitations disclosed in the claims of the instant application for “heat exchange control operations” and “targeted thermal contact” are not met by the art of Chen because “the claims require controller managed heat exchange operations and targeted thermal contact as a controlled variable that yields a predetermined heat-exchange level”. The examiner respectfully argues that the claims nor specification of the instant application requires “the claims require controller managed heat exchange operations and targeted thermal contact as a controlled variable that yields a predetermined heat-exchange level”, it is noted that the features upon which applicant relies (i.e., “the claims require controller managed heat exchange operations and targeted thermal contact as a controlled variable that yields a predetermined heat-exchange level”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Failure to identify any disclosure (or reasoned combination) where a controller manages both coupling mechanism and heater assembly for heat exchange
The applicant argues that the combination including Alqasemi is improper for teaching a controller to control a robotic gripper and heater assembly to perform heat exchange operations. The examiner respectfully argues that the applicant the applicant has not positively recited the controller controlling the heater and that a moveable gripper element [fig. 1: gripping elements #12], a mechanical energy Alqasemi is in the same field of endeavor as that of the instant application and is used to teach a source mechanism [fig. 2: drive mechanism #44] communicatively coupled to the moveable gripper element [see fig. 2; col. 3, lines 20-44].
No disclosure (or articulated rationale) for “selected distribution of heat portions of the flexible inner sleeve”.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., requiring a multi-zone or spatially selective heating governed by interface parameters) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Substitution of “capability” for “configured to” functional structure.
Regarding applicant’s arguments that Chen does not provide a heater control structure or mechanism configured to achieve the claimed heat-exchange functions and a predetermined level of heat exchange. The examiner respectfully points out that the specification is light on a description of what the heat exchange functions are and the claims do not claim heat exchange functions in such a way as to avoid a broad interpretation by the examiner. The examiner respectfully believes that in light of the aforementioned examiner arguments, the art of Chen is capable of performing the functional language of “a heater control structure or mechanism configured to achieve the claimed heat-exchange functions and a predetermined level of heat exchange” because it has equivalent structure and performs an equivalent function per para. 0025 of Chen.
No Disclosure (or reasoned link) for “interface parameters” governing heat and grip to reach a “predetermined” thermal outcome
Regarding applicant’s arguments towards the examiner improperly importing Alquasemi’s sensor/force feedback for gripping and assuming that it suffices for interface-parameter-driven thermal control, the examiner respectfully argues that the applicant has not passively recited what an initial level of thermal contact, interface parameters, adjustments to gripping force and a targeted level of thermal contact are. The specification is again light on a description of these disclosures and is interpreted broadly.
Further, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., sensor/force feedback for gripping and interface-parameter-driven thermal control) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Unsupported leap from contact pressure to controlled “increase in thermal contact points” and “air displacement” at a heat-transfer interface
Regarding the applicant’s arguments that Chen’s grip tightening is inherently increasing thermal contact points and displacing air at the interface and that therefore, Chen does not teach the required controlled effects of the adjustments to gripping force within a heat-exchange control operation, the examiner respectfully points out that by Chen increasing gripping force in conjunction with a heating element that this inherently displaces air between a container and a gripping mechanism as the gripping mechanism makes contact and increase pressure onto the container.
Missing nexus between Hamm’s heater and any controller-driven “predetermined level of heat exchange”
In response to applicant's argument that Hamm does not teach a controller driven thermal system that determines and maintains a predetermined heat-exchange level at a sleeve container interface with selected spatial distribution, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Drawings
The drawings are objected to because:
The applicant is required to review all figures for compliance.
In the interest of clarity of record, the examiner provides a non-exhaustive list of examples include:
Figs. 2 and 3 are gray shaded photographs
Figs. 7a, 7b, and 7c have text on areas that are grayed out
Fig. 9b includes inside shading a review all figures
Figs 9a through 9d are not allowed to have shading in white
Fig. 10a includes inside shading a review all figures
Fig 10b is a photo
Fig. 10c has text on areas that are grayed out
Fig. 14 has an arrow pointing into free space from cloud computing system 50
(b) Photographs.—
(1) Black and white. Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. The Office will accept photographs in utility and design patent applications, however, if photographs are the only practicable medium for illustrating the claimed invention. For example, photographs or photomicrographs of: electrophoresis gels, blots (e.g., immunological, western, Southern, and northern), autoradiographs, cell cultures (stained and unstained), histological tissue cross sections (stained and unstained), animals, plants, in vivo imaging, thin layer chromatography plates, crystalline structures, and, in a design patent application, ornamental effects, are acceptable. If the subject matter of the application admits of illustration by a drawing, the examiner may require a drawing in place of the photograph. The photographs must be of sufficient quality so that all details in the photographs are reproducible in the printed patent.
(2) Color photographs. Color photographs will be accepted in utility and design patent applications if the conditions for accepting color drawings and black and white photographs have been satisfied. See paragraphs (a)(2) and (b)(1) of this section.
(l) Character of lines, numbers, and letters. All drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning.
(m) Shading. The use of shading in views is encouraged if it aids in understanding the invention and if it does not reduce legibility. Shading is used to indicate the surface or shape of spherical, cylindrical, and conical elements of an object. Flat parts may also be lightly shaded. Such shading is preferred in the case of parts shown in perspective, but not for cross sections. See paragraph (h)(3) of this section. Spaced lines for shading are preferred. These lines must be thin, as few in number as practicable, and they must contrast with the rest of the drawings. As a substitute for shading, heavy lines on the shade side of objects can be used except where they superimpose on each other or obscure reference characters. Light should come from the upper left corner at an angle of 45°. Surface delineations should preferably be shown by proper shading. Solid black shading areas are not permitted, except when used to represent bar graphs or color.
(r) Arrows. Arrows may be used at the ends of the lines, provided that their meaning is clear, as follows:
(1) On a lead line, a freestanding arrow to indicate the entire section towards which it points;
(2) On a lead line, an arrow touching a line to indicate the surface shown by the line looking along the direction of the arrow; or
(3) To show the direction of movement.
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.
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.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1 and 11 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 and 11 of prior U.S. Patent No. US12389496B2. This is a statutory double patenting rejection.
Although the claims are not identical, they are not patentably distinct from one another. The instant application claims are broader in at least one aspect.
Regarding the broadening aspect of the application claims, the following comparison between the patent claims and the application claims highlights what elements have been excluded in the presentation of the application claims.
Patent Claim
Instant Application
Claim 1
An apparatus comprising:
a moveable gripper element comprising a flexible inner sleeve;
a mechanical energy source mechanism communicatively coupled to the moveable gripper element;
a sensor network communicatively coupled to the moveable gripper element;
and a controller communicatively coupled to the mechanical energy source mechanism and the sensor network;
wherein the flexible inner sleeve defines an adjustable opening;
wherein the controller controls the mechanical energy source mechanism to transfer to the moveable gripper element a gripping force configured to move the moveable gripper element, reduce a size of the adjustable opening, and bring the flexible inner sleeve into an initial level of thermal contact with a container positioned within the adjustable opening;
wherein the controller is configured to perform heat exchange control operations to achieve a predetermined level of heat exchange at an interface between the flexible inner sleeve and the container;
wherein the heat exchange control operations comprise:
subsequent to establishing the initial level of thermal contact, controlling the mechanical energy source mechanism to, responsive to one or more interface parameters, make adjustments to the gripping force that bring the flexible inner sleeve into a targeted level of thermal contact with the container;
and controlling a heater assembly to, responsive to one or more of the interface parameters, make adjustments to heating settings applied to the heater assembly to distribute heat to portions of the flexible inner sleeve that are in thermal contact with the container;
and wherein the adjustments to the gripping force: increase thermal contact points at the interface between the flexible inner sleeve and the container;
and displace air from the interface between the flexible inner sleeve and the container
Claim 1
An apparatus comprising:
a moveable gripper
and a mechanical energy source couple
wherein the flexible inner sleeve defines an adjustable opening and further defines an interface between the flexible inner sleeve and a container positioned within the adjustable opening;
wherein the coupler and the heater are controlled, using a controller, to each perform heat exchange control operations configured to achieve a predetermined level of heat exchange at the interface between the flexible inner sleeve and the container;
wherein the predetermined level of heat exchange results from:
a targeted level of thermal contact between the flexible inner sleeve and the container;
and a selected distribution of heat to portions of the flexible inner sleeve that are in thermal contact with the container;
wherein the heat exchange control operations comprise the mechanical energy sourcethrough the coupler to the moveable gripper a gripping force configured to move the moveable gripper element, reduce a size of the adjustable opening, and bring the flexible inner sleeve into an initial level of thermal contact with the container positioned within the adjustable opening;
wherein the heat exchange control operations further comprise:
subsequent to establishing the initial level of thermal contact, and responsive to one or more interface parameters, making adjustments to the gripping force that bring the flexible inner sleeve into the targeted level of thermal contact with the container;
and responsive to one or more of the interface parameters, make adjustments to heating settings applied to the heater to achieve the selected distribution of heat to portions of the flexible inner sleeve that are in thermal contact with the container;
and wherein the adjustments to the gripping force:
increase thermal contact points at the interface between the flexible inner sleeve and the container;
and displace air from the interface between the flexible inner sleeve and the container.
Claim 11
A method of making an apparatus, the method comprising:
providing a moveable gripper element comprising a flexible inner sleeve that defines an adjustable opening;
providing a mechanical energy source mechanism;
and communicatively coupling the mechanical energy source mechanism to the moveable gripper element;
configuring the mechanical energy source mechanism to responsive to a controller, transfer to the moveable gripper element a gripping force configured to move the moveable gripper element, reduce a size of the adjustable opening, and bring the flexible inner sleeve into an initial level of thermal contact with a container positioned within the adjustable opening;
and further configuring the mechanical energy source mechanism to, responsive to the controller, perform heat exchange control operations to achieve a predetermined level of heat exchange at an interface between the flexible inner sleeve and the container;
wherein the heat exchange control operations comprise: subsequent to establishing the initial level of thermal contact, and responsive to one or more interface parameters, making adjustments to the gripping force that bring the flexible inner sleeve into a targeted level of thermal contact with the container;
and using a heating assembly to, responsive to one or more of the interface parameters, make adjustments to heat settings applied to the heater assembly to distribute heat to portions of the flexible inner sleeve that are in thermal contact with the container;
and wherein the adjustments to the gripping force: increase thermal contact points at the interface between the flexible inner sleeve and the container;
and displace air from the interface between the flexible inner sleeve and the container
Claim 11
A method of making an apparatus, the method comprising:
providing a moveable gripper element comprising a flexible inner sleeve and a heater;
providing a mechanical energy source;
and couple
wherein the flexible inner sleeve defines an adjustable opening and further defines an interface between the flexible inner sleeve and a container positioned within the adjustable opening;
wherein the coupler and the heater are controlled, using a controller, to each perform heat exchange control operations configured to achieve a predetermined level of heat exchange at the interface between the flexible inner sleeve and the container;
wherein the predetermined level of heat exchange results from:
a targeted level of thermal contact between the flexible inner sleeve and the container;
and a selected distribution of heat to portions of the flexible inner sleeve that are in thermal contact with the container;
wherein the heat exchange control operations comprise the mechanical energy source
wherein the heat exchange control operations further comprise:
subsequent to establishing the initial level of thermal contact, and responsive to one or more interface parameters, making adjustments to the gripping force that bring the flexible inner sleeve into the targeted level of thermal contact with the container;
and responsive to one or more of the interface parameters, make adjustments to heating settings applied to the heater to achieve the selected distribution of heat to portions of the flexible inner sleeve that are in thermal contact with the container;
and wherein the adjustments to the gripping force:
increase thermal contact points at the interface between the flexible inner sleeve and the container;
and displace air from the interface between the flexible inner sleeve and the container.
Thus, it is apparent that the more specific patent claims 1 and 11 encompass the instant application claims 1 and 11, respectively. Following the rationale in In re Goodman, cited above, where applicant has once been granted a patent containing a claim for the specific or narrower invention, applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer. Note that since application claims 1 and 11 are anticipated by patent claims 1 and 11, respectively, and since anticipation is the epitome of obviousness, then application claims 1 and 11 are obvious over patent claims 1 and 11, respectively.
With respect to the additional features recited in the application claims, the inclusion of a coupling mechanism in claims 1 and 11 of the application is inherent in claims 1 and 11 of the patent application and is an obvious improvement in view of the pneumatic artificial muscles of Chen. Since the patent claims recite the a mechanical energy source mechanism communicatively coupled to the moveable gripper element and Chen teaches per para. 0008: “The pneumatic artificial muscles are wrapped around the outer surface of the flexible sleeve, and the inner cavity of the flexible sleeve can be contracted by inflating. The air bag is installed in the inner cavity of the flexible sleeve, and the object can be squeezed and grasped by inflating”, it would have been obvious to one having ordinary skill in the art at the time the invention was made to interpret a mechanical energy source mechanism communicatively coupled to the moveable gripper element to include a coupling mechanism to perform the inherent coupling disclosed in the patent application.
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 1 and 11 are 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.
The recitation of “wherein the coupling mechanism and the heater assembly are controlled, using a controller, to each perform heat exchange operations configured to achieve a predetermined level of heat exchange at the interface between the flexible inner sleeve and the container is considered new matter because the claims nor the specification disclose that a coupling mechanism is meant to perform heat exchange and par. 55 of the instant application discloses that the coupling mechanism is meant to couple. Further, the coupling mechanism must be moved/utilized by the mechanical energy source and therefore cannot perform any operation by itself. Further, without a figure, it is unclear what applicant had possession of at the time of filing with respect to a mechanism capable of coupling the moveable gripper.
The recitation of a heater assembly is unclear in the specification and claims because 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 for all claimed structures and various claimed structures are indefinite and unclear. The specification is devoid of adequate structure description to perform the claimed function of all claimed possible structures. As would be recognized by those of ordinary skill in the art, there are many different ways to create heat. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which mechanical structures perform(s) the claimed function. A review of the specification and drawing found no described or shown structure thus it is unclear what exactly is considered or would fall under the term “heater assembly”.
The recitation of a coupling mechanism is unclear in the specification and claims because 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 for all claimed structures and various claimed structures are indefinite and unclear. The specification is devoid of adequate structure description to perform the claimed function of all claimed possible structures. As would be recognized by those of ordinary skill in the art, there are many different ways to couple parts together. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which mechanical structures perform(s) the claimed function. A review of the specification and drawing found no described or shown structure thus it is unclear what exactly is considered or would fall under the term coupling mechanism”.
The recitation of a mechanical energy source is unclear in the specification and claims because 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 for all claimed structures and various claimed structures are indefinite and unclear. The specification is devoid of adequate structure description to perform the claimed function of all claimed possible structures. As would be recognized by those of ordinary skill in the art, there are many different ways to provide mechanical energy. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which mechanical structures perform(s) the claimed function. A review of the specification and drawing found no described or shown structure thus it is unclear what exactly is considered or would fall under the term mechanical energy source”.
The recitation of a gripper actuator is unclear in the specification and claims because 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 for all claimed structures and various claimed structures are indefinite and unclear. The specification is devoid of adequate structure description to perform the claimed function of all claimed possible structures. As would be recognized by those of ordinary skill in the art, there are many different ways to initiate gripping. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which mechanical structures perform(s) the claimed function. A review of the specification and drawing found no described or shown structure thus it is unclear what exactly is considered or would fall under the term gripper actuator.
The recitation of a clamping assembly is unclear in the specification and claims because 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 for all claimed structures and various claimed structures are indefinite and unclear. The specification is devoid of adequate structure description to perform the claimed function of all claimed possible structures. As would be recognized by those of ordinary skill in the art, there are many different ways to perform clamping. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which mechanical structures perform(s) the claimed function. A review of the specification and drawing found no described or shown structure thus it is unclear what exactly is considered or would fall under the term clamping assembly.
The recitation of a wherein the coupling mechanism and the heater assembly are controlled, using a controller, to each perform heat exchange operations configured to achieve a predetermined level of heat exchange at the interface between the flexible inner sleeve and the container is unclear in the specification and claims because 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 for all claimed structures and various claimed structures are indefinite and unclear. The specification is devoid of adequate structure description to perform the claimed function of all claimed possible structures. As would be recognized by those of ordinary skill in the art, there are many different ways to provide a controller to perform a function but the specification nor claims disclose what structure is required to move to perform a function that is controlled. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which mechanical structures perform(s) the claimed function. The controller is not claimed and is rather recited in a manner that it is simply describing that something is capable of being controlled by a controller which is also apparent in Figs. 8b through 8d which show computer but not as attached to the device of the invention. A review of the specification and drawing found no described or shown structure thus it is unclear what exactly is considered or would fall under the term wherein the coupling mechanism and the heater assembly are controlled, using a controller, to each perform heat exchange operations configured to achieve a predetermined level of heat exchange at the interface between the flexible inner sleeve and the container.
Claims 2-10 and 12-20 are also rejected due to their dependence to one or more of the above rejected independent claims.
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.
Claim 1-20 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 claims 1 and 11, the recitation of “wherein the coupling mechanism and the heater assembly are controlled, using a controller, to each perform heat exchange operations configured to achieve a predetermined level of heat exchange at the interface between the flexible inner sleeve and the container; wherein the predetermined level of heat exchange results from: a targeted level of thermal contact between the flexible inner sleeve and the container; and a selected distribution of heat to portions of the flexible inner sleeve that are in thermal contact with the container” is unclear as to what structure or limitations are required to achieve a predetermined level of heat exchange control operation is and what a predetermined level of heat exchange, targeted level of thermal contact, and selected distribution of heat are because it is not disclosed in the specification.
Claims 1 and 11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are for the heater assembly, coupling mechanism, gripper actuator, clamping assembly, and mechanical energy source. These are unclear because the operations are not positively recited in the specification or claims such that one skilled in the art would not be apprised of what specific structure meets the claimed structure/elements or what information would fall under the limitation.
Regarding claims 1 and 11, the examiner is unclear in the recitation of “wherein the coupling mechanism and the heater assembly are controlled, using a controller, to each perform heat exchange operations configured to achieve a predetermined level of heat exchange at the interface between the flexible inner sleeve and the container” how coupling mechanism is meant to perform heat exchange and par. 55 of the instant application discloses that the coupling mechanism is meant to couple.
Regarding claims 1 and 11, the examiner is unclear in the recitation of wherein the coupling mechanism and the heater assembly are controlled, using a controller, to each perform heat exchange operations configured to achieve a predetermined level of heat exchange at the interface between the flexible inner sleeve and the container as to how the controller is structurally linked to the claim because the way the claim is written is interpreted to mean that the controller is not claimed and is rather recited in a manner that it is simply describing that something is capable of being controlled by a controller.
Claims 2-10 and 12-20 are also rejected due to their dependence to one or more of the above rejected independent claims.
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) 1 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. [CN 112060111 A, hereinafter “Chen” with text references to machine translation] in view of Hamm (US 20040139860 A1) in view of Alqasemi (US 10265862 B1).
Regarding claims 1 and 11, Chen teaches, except where struck through, an apparatus comprising:
a moveable gripper comprising a flexible inner sleeve [13] and ; and
a mechanical energy source [“pneumatic artificial muscle” 12] coupled through a coupler to the moveable gripper element (para. 0008: “The pneumatic artificial muscles are wrapped around the outer surface of the flexible sleeve, and the inner cavity of the flexible sleeve can be contracted by inflating. The air bag is installed in the inner cavity of the flexible sleeve, and the object can be squeezed and grasped by inflating.”);
wherein the flexible inner sleeve defines an adjustable opening [see Fig. 3. The size of the inner sleeve determines the size of the opening; see figs. 2, 3, showing an opening defined by flexible inner sleeve #9, the sleeve tightening when the moveable gripper element #12 is inflated; para. 0015: “A spiral winding structure is designed on the outside of the flexible sleeve to form a force-closed grasping structure. When the airbag squeezes the object, the pneumatic artificial muscles inflate and contract, further tightening the flexible sleeve, which enhances the large load-bearing capacity of the present invention.”] and further defines an interface between the flexible inner sleeve and a container positioned within the adjustable opening (figs. 2 and 3 teach the interface between 13 and a space for an article which is an opening for a container and/or adjustable opening and the container as the article in page 4 par. 1 as the working process of the present invention is as follows: when grasping the object, firstly through the air pipe A2 uniformly distributed on the surface of the flexible sleeve 9 of the 4 air bag 13 for inflating, air bag 13 inflating and extruding the object surface, forming the wrapped gripping state, and then inflating the pneumatic artificial muscle 12 through the air pipe B4, it is obvious to a person of ordinary skill in the art to use the apparatus of Chen to grasp a container, [note that the container is not a positively recited part of the apparatus but is the object worked upon]);
wherein the coupler and the heater are controlled, using a controller (see 112 above, the coupling mechanism and heater assembly are capable of being controlled by a controller), to each perform heat exchange control operations configured to achieve a predetermined level of heat exchange at the interface between the flexible inner sleeve and the container [para. 0025: “Then, the pneumatic artificial muscle 12 is inflated through the trachea B4. After being inflated, the pneumatic artificial muscle 12 shortens and becomes thicker, and the flexible sleeve 9 is wrapped tightly to increase the gripping force of the flexible sleeve 9.” the examiner interprets Chen’s adjustment to the gripping force necessarily achieves a certain level of thermal contact between the flexible inner sleeve and the container that can be considered targeted, and thus the apparatus of Chen is capable of allowing a predetermined level of heat exchange at the interface to be achieved];
wherein the predetermined level of heat exchange results from:
a targeted level of thermal contact between the flexible inner sleeve and the container [para. 0025: “Then, the pneumatic artificial muscle 12 is inflated through the trachea B4. After being inflated, the pneumatic artificial muscle 12 shortens and becomes thicker, and the flexible sleeve 9 is wrapped tightly to increase the gripping force of the flexible sleeve 9.” the examiner interprets Chen’s adjustment to the gripping force necessarily achieves a certain level of thermal contact between the flexible inner sleeve and the container that can be considered targeted, and thus the apparatus of Chen is capable of allowing a predetermined level of heat exchange at the interface to be achieved];
and a selected distribution of heat to portions of the flexible inner sleeve that are in thermal contact with the container [para. 0025: “Then, the pneumatic artificial muscle 12 is inflated through the trachea B4. After being inflated, the pneumatic artificial muscle 12 shortens and becomes thicker, and the flexible sleeve 9 is wrapped tightly to increase the gripping force of the flexible sleeve 9.” the examiner interprets Chen’s adjustment to the gripping force necessarily achieves a certain level of thermal contact between the flexible inner sleeve and the container that can be considered targeted, and thus the apparatus of Chen is capable of allowing a predetermined level of heat exchange at the interface to be achieved];
wherein the heat exchange control operations comprise the mechanical energy source transferring through the coupler to the moveable gripper a gripping force configured to move the moveable gripper element [“flexible sleeve” 9], reduce a size of the adjustable opening [Figs. 1-3; “inflating the pneumatic artificial muscle 12 through the air pipe B4; the pneumatic artificial muscle 12 after inflating is shortened to become thick, winding the flexible sleeve 9, increasing the gripping force of the flexible sleeve 9. when releasing the object, the air bag 13 and pneumatic artificial muscle 12 for discharging treatment, under the action of the flexible sleeve 9, soft gripping the grasping device recovers the initial state,” Page 4]
and bring the flexible inner sleeve into an initial level of thermal contact with a container positioned within the adjustable opening [because the apparatus exerts a gripping force, it necessarily brings the inner sleeve, which grips the object, into a level of thermal contact with the object positioned within its opening and as a result inherently creates a thermal contact, The mere observation of still another beneficial result of an old process cannot form the basis of patentability.
wherein the heat exchange control operations further comprise:
subsequent to establishing the initial level of thermal contact, and responsive to one or more interface parameters making adjustments to the gripping force that bring the flexible inner sleeve into a targeted level of thermal contact with the container [para. 0025: “Then, the pneumatic artificial muscle 12 is inflated through the trachea B4. After being inflated, the pneumatic artificial muscle 12 shortens and becomes thicker, and the flexible sleeve 9 is wrapped tightly to increase the gripping force of the flexible sleeve 9.”];
and responsive to one or more of the interface parameters, make adjustments to heating settings applied to the heater to achieve the selected distribution heat to portions of the flexible inner sleeve that are in thermal contact with the container [para. 0025: “The working process of the present invention is as follows: when grabbing an object, first inflate four air bags 13 evenly distributed on the inner surface of the flexible sleeve 9 through the trachea A2. After the air bags 13 are inflated and expanded, they squeeze the surface of the object to form a wrapped grabbing state.”];
Chen does not teach responsive to control instruction received from a controller nor the use of a controller nor a heater assembly.
Hamm, in the same field of endeavor, teaches: An apparatus [fig. 2: container warmer #10] comprising: a moveable gripper element comprising a flexible inner sleeve [para. 0026: “The beverage container warmer of the present invention comprises an electrically heatable sleeve or heating jacket into which a disposable hot-beverage container fits snugly.”]; the flexible inner sleeve comprising a thermal heating element [fig. 3: electrical heating wire #20] configured to generate heat in a container [i.e., disposable hot-beverage container]; In this case, the combination of two elements performs the same function (gripping, heating) as each element performs separately. Combining gripping and heating would have been obvious to one of ordinary skill in cases where it is desired to grip an element while heating, such as to secure it in place.
Alqasemi teaches, in the same field of endeavor, a moveable gripper element [fig. 1: gripping elements #12], a mechanical energy source mechanism [fig. 2: drive mechanism #44] communicatively coupled to the moveable gripper element [see fig. 2; col. 3, lines 20-44] and responsive to control instruction received from a controller [figs. 1, 2: main processing unit #68 and PCB #70 and col 4 lines 5 through 15 teach the communication of the controller and robotic gripper 10 such that the controller executes instruction to control the robotic gripper].
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Chen reference, to include a controller to perform the method/actions of Chen, as suggested and taught by Alqasemi, for the purpose of providing the advantage to apply a gripping force to an object (column 4 lines 13 through 15).
Regarding claim 11, Chen teaches the apparatus set forth with respect to claim 1 above. Chen also inherently teaches a method of making said apparatus which includes providing the claimed elements.
Claim(s) 2, 4, 7, 12, 14, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. [CN 112060111 A, hereinafter “Chen” with text references to machine translation] in view of Hamm (US 20040139860 A1) in view of Alqasemi (US 10265862 B1) in view of Heczko (US9967924B2).
Regarding claims 2 and 12, Chen in view of Alqasemi discloses the apparatus/method set forth above.
Alqasemi teaches, except where struck through, to the gripping force that are based at least in part on an interface parameter at the interface between the flexible inner sleeve and the container [“feedback from the sensors of the gripper” is used to control gripping, Col. 4 lines 56-68 which the examiner respectfully considers to be a dynamic control].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the modified Chen by configuring the adjustments to the gripping force to comprise dynamic adjustments to the gripping force that are based at least in part on an interface parameter at the interface between the flexible inner sleeve and the container as taught by Alqasemi because this ensures “the ability to grasp objects that could have been crushed by the gripper,” [Alqasemi Col. 5 lines 22-27].
Heczko teaches, the heat exchange control operations further comprise, responsive to temperature gradient information, controlling the moveable gripper element to perform agitation operations that agitate the moveable gripper in multiple directions while the moveable gripper grips and delivers heat to contents of the container; and the temperature gradient information comprises a difference between a temperature at a first position on the container and a temperature at a second position on the container (column 31 lines 50 through 67 and column 32 lines 1 through 11 teach “Based on the data gathered, the controller determines an appropriate control cycle for the foodstuff to be heated. The control cycle may include factors such as: the power setting to be used in the control cycle at various points in time and which coil geometry to use. The cycle might start with a low power setting to test the responsiveness of various sensors to the application of power to the system, then increase to a high power setting to perform a rapid heating of the package contents, and conclude with a moderate power setting to obtain more precise end-temperatures. The control cycle may include additional factors such as the sequence of rotational movements used spin or oscillate the cradle to obtain temperature readings, provide agitation of the package during heating, etc. The control cycle may determine upper and lower boundaries for temperatures that are to be measured at various times in the heating cycle. The control cycle may determine appropriate responses to changes that may occur in other measurement points of the system (e.g., the pressure bubble). The heating apparatus engages a latch to lock the package into the heating apparatus during the heating cycle. The heating cycle begins and the heating apparatus performs a repetitive cycle which includes: oscillation of the package to provide agitation and mixing of its contents; measurement of temperature at various places on the package; comparison of the measured temperature to the expected temperature; comparison of other measurement points of the system to what was expected (e.g., whether the pressure bubble has flipped, or the barcode is no longer visible”).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Chen reference, to include the heat exchange control operations further comprise, responsive to temperature gradient information, controlling the moveable gripper element to perform agitation operations that agitate the moveable gripper in multiple directions while the moveable gripper grips and delivers heat to contents of the container; and the temperature gradient information comprises a difference between a temperature at a first position on the container and a temperature at a second position on the container, as suggested and taught by Heczko, for the purpose of providing the advantage to promote mixing of the contents of the package (column 32 lines 4 through 6).
Regarding claims 4 and 14, Chen discloses the apparatus and method set forth above but fails to teach a thermal heating element.
However, Heczko teaches an apparatus [100] having a thermal heating element [101] configured to generate heat in a container [Col. 6 lines 48-62].
In this case, the combination of two elements performs the same function (gripping, heating) as each element performs separately. Combining gripping and heating would have been obvious to one of ordinary skill in the art in cases where it is desired to grip an element while heating, such as to secure it in place. Thus, It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Chen by adding a thermal heating element to generate heat in the container as taught by Heczko because this amounts to combining prior art elements according to known methods to yield predictable results.
Regarding claims 7 and 17, Heczko further teaches the heater further comprises a thermally conductive layer [3] coupled to the thermal heating element and configured to transfer to the container the heat generated by the thermal heater element. In this case, the combination of two elements performs the same function (gripping, heating) as each element performs separately. Combining gripping and heating would have been obvious to one of ordinary skill in cases where it is desired to grip an element while heating, such as to secure it in place.
Thus, It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Chen by adding a thermal heating element to generate heat in the container as taught by Heczko because this amounts to combining prior art elements according to known methods to yield predictable results.
Claim(s) 3, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. [CN 112060111 A, hereinafter “Chen” with text references to machine translation] in view of Hamm (US 20040139860 A1) in view of Alqasemi (US 10265862 B1) in view of Tailor et al. [US 20160001494 A1, hereinafter “Tailor”].
Regarding claims 3 and 13, Chen discloses the apparatus and method set forth above but fails to teach the layer of compressible material, though it can be interpreted that air bag 13 is also capable of being compressed.
However, Tailor teaches, in an apparatus for gripping, a flexible inner sleeve comprises a layer of compressible material at the interface between the flexible inner sleeve and the container [“compressible mounting pad 53,” Par. 0076, Fig. 10].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Chen by adding, to the flexible inner sleeve of Chen, a layer of compressible material as taught by Tailor in order to provide further flexibility to accommodate a variety of diameter sizes [Tailor Par. 0076].
Claim(s) 4-5, 14-15, and is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. [CN 112060111 A, hereinafter “Chen” with text references to machine translation] in view of Hamm (US 20040139860 A1) in view of Alqasemi (US 10265862 B1).
Regarding claims 4 and 14, Chen discloses the apparatus and method set forth above but fails to teach a thermal heating element.
However, Hamm teaches an apparatus [10] having a thermal heating element [20] configured to generate heat in a container [Col. 1 lines 5-10].
In this case, the combination of two elements performs the same function (gripping, heating) as each element performs separately. Combining gripping and heating would have been obvious to one of ordinary skill in cases where it is desired to grip an element while heating, such as to secure it in place.
Thus, It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Chen by adding a thermal heating element to generate heat in the container as taught by Hamm because this amounts to combining prior art elements according to known methods to yield predictable results.
Regarding claims 5 and 15, as best understood, Hamm further teaches dimensions of the flexible inner sleeve are configured such that the thermal heating element propagate the heat along a path toward the interface between the flexible inner sleeve and the container [heat propagates toward the container].
In this case, the combination of two elements performs the same function (gripping, heating) as each element performs separately. Combining gripping and heating would have been obvious to one of ordinary skill in cases where it is desired to grip an element while heating, such as to secure it in place.
Thus, It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Chen by adding a thermal heating element to generate heat in the container as taught by Hamm because this amounts to combining prior art elements according to known methods to yield predictable results.
Claim(s) 6 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. [CN 112060111 A, hereinafter “Chen” with text references to machine translation] in view of Hamm (US 20040139860 A1) in view of Alqasemi (US 10265862 B1) in view of Hamm et al. [US 6870135 B2, hereinafter “Hamm”], as applied to claim 4, and further in view of Fluhrer [US 20160341419 A1].
Regarding claims 6 and 16, the modified Chen teaches the apparatus and method set forth above, but Chen-Hamm fail to teach the heating zones.
However, Fluhrer teaches a heating element [15a, 15b, 15c] wherein the thermal heating element is configured to include heating zones [15a, 15b, and 15c, respectively]; and each of the heating zones is individually activated or deactivated to generate a pattern of the heat [they are three heating circuits, and thus capable of being individually activated or deactivated. Par. 0030].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the modified Chen by forming the heating apparatus to have separate individually activated heating zones as taught by Fluhrer because this allows for modular heating with individual monitoring and control of different regions [Par. 0013].
Claim(s) 8 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. [CN 112060111 A, hereinafter “Chen” with text references to machine translation] in view of Alqasemi (US 10265862 B1) in view of Hamm et al. [US 6870135 B2, hereinafter “Hamm”], as applied to claim 4, and further in view of Luger [US Pat. 3558858].
Regarding claims 8 and 18, the modified Chen teaches the apparatus and method set forth above, but Chen-Hamm fail to teach the heating element being a carbon-filled polyimide layer.
However, Luger teaches a heating element wherein the thermal heating element includes a carbon-filled polyimide layer that generates the heat in response to receiving a voltage [“the heating unit of the present invention incorporates a semiconductive planar or sheetlike core element having characteristics which enable it to conduct electrical current passed therethrough between spaced bus bars with resultant production of heat. A preferred material of this type comprises a polyimide material incorporating finely divided carbon particles,” Col. 1 lines 64-70].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the modified Chen by forming the thermal heating element as a carbon-filled polyimide layer as taught by Luger because this amounts to a simple substitution of one heating element for another with predictable results [instead of a resistive wire, a carbon-filled polyimide layer is used, and they perform the same functions].
Claim(s) 9-10, 19-20 and is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. [CN 112060111 A, hereinafter “Chen” with text references to machine translation] in view of Hamm (US 20040139860 A1) in view of Alqasemi (US 10265862 B1) in view of Hamm et al. [US 6870135 B2, hereinafter “Hamm”], as applied to claim 4 above, and further in view of Bouix et al. [US 20150366320 A1, hereinafter “Bouix”].
Regarding claims 9 and 19, the modified Chen discloses the apparatus set forth above, but the above references fail to teach the heating element including a resistive metal foil.
However, Bouix teaches a heating apparatus wherein the thermal heating element includes a resistive metal foil [Pars. 0036-0037: “Typical conductor materials include metal foils, such as copper and aluminum, and metal mixtures including stainless steel, beryllium-copper, phosphor-bronze, copper-nickel and nickel-chromium resistance alloys”].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the modified Chen by forming the thermal heating element as a resistive metal foil as taught by Bouix because this amounts to a simple substitution of one heating element for another with predictable results [instead of a resistive wire, a metal foil is used, and they perform the same functions].
Regarding claims 10 and 20, Hamm further teaches the heating element defines a serpentine pattern [Fig. 3], the at least one serpentine pattern extending from a first terminal to an opposing second terminal and configured to generate the heat in response to a current flowing through the first thermal [ends connected to 40], the resistive element, and the second terminal.
Thus, the combined references teach the limitations of claims 10 and 20 [Note that Bouix also teaches a serpentine pattern].
Conclusion
THIS ACTION IS MADE FINAL. 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 ADAM M ECKARDT whose telephone number is (313)446-6609. The examiner can normally be reached 6 a.m to 2:00 p.m EST Monday to Friday.
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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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ADAM MICHAEL. ECKARDT
Assistant Examiner
Art Unit 3761
/ADAM M ECKARDT/ Examiner, Art Unit 3761 /EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761