DETAILED ACTION
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 Status
Claims 1,3,5-12,14,17,19,23-25 and 30-38 have been amended.
Claims 1-38 are pending and examined as follows:
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.
Claim(s) 1-5,10,13,17 and 25-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baarman (US 2008/0000894).
With regards to claim 1, Baarman discloses a heating system (heating system, Title) comprising: an inductive power supply (inductive power supply 10,Fig. 1) having a power transfer surface (surface of inductive power supply 10 facing inductive heater 12, Fig. 1) and a inductive transmitter generating an electromagnetic field about the power transfer surface (tank circuit 16 having inductors 20 and 22, Fig. 1); and an inductively heated package of a product (inductive heater 12 could be within an enclosure, paragraph 0019,Fig. 3 and 4), the inductively heated package having a heating element configured to heat the product when in a presence of the electromagnetic field (inductive heater 12 could be part of container 206 in the form of heater 200,202 and 204 within an enclosure to heat a product, Fig. 4), the heating element having a plurality of conductive elements arranged in a pattern predetermined to heat the product in accordance with a predetermined heating profile associated with the product (heaters 200,202 and 204 are in a pattern to heat the product within container 206, Fig. 4).
With regards to claim 2, Baarman discloses wherein the heating element includes a first plurality of conductive elements arranged in a first layer disposed on a first side of the product and a second plurality of conductive elements arranged in a second layer disposed on a second side of the product (the heating element for heaters 200, 202, 204 could be on one or more surfaces of heaters 200, 202, 204, paragraph 0030, lines 2-3).
With regards to claim 3, Baarman discloses wherein the heating element includes at least one conductive element arranged in a conductive loop, whereby loop currents are induced in the conductive loop when in the presence of the electromagnetic field (heaters 200,202 and 204 induce heating in contact with inductive primary loops 208, Fig. 4).
With regards to claim 4, Baarman discloses wherein at least a first portion of the conductive loop is in a first layer disposed on a first side of the product and a second portion of the conductive loop is in a second layer disposed on a second side of the product (heaters 200,202 and 204 induce heating in contact with inductive primary loops 208 wherein each loop is separated from each other, Fig. 4).
With regards to claim 5, Baarman discloses wherein the first plurality of conductive elements define a first aperture and the second plurality of conductive elements includes at least one conductive element aligned with the first aperture (the heating element for heaters 200, 202, 204 could be on one or more surfaces of heaters 200, 202, 204 wherein the primary loops 208 have spacing in between which are considered apertures, Fig. 4).
With regards to claim 10, Baarman discloses wherein the plurality of conductive elements includes a first conductive loop portion disposed on a first side of the inductively heated package and a second conductive loop portion disposed on a second side of the inductively heated package (inductive primary 208 are made of multiple loops that extend from one side of container 206, Fig. 4).
With regards to claim 13, Baarman discloses an inductive receiver and an electronic circuit, the inductive receiver configured to generate electricity to power the electronic circuit (inductive primary 208 and heater control 210 wherein the inductive primary produces power, Fig. 4).
With regards to claim 17, Baarman discloses wherein the plurality of conductive elements includes a first conductive loop portion disposed on a first side of the package and a second conductive loop portion disposed on a second side of the inductively heated package (inductive primary 208 are made of multiple loops that extend from one side of container 206, Fig. 4), the second conductive loop portion generating a supplemental electromagnetic field in response to loop currents induced within the heating element (inductive primary 208 are made of multiple loops that extend from another one side of container 206, Fig. 4).
With regards to claim 25, Baarman discloses an inductively heated vessel (container 206 heated by heaters 200,202 and 204, Fig. 4) comprising: a package of a product (container 206, Fig. 4); and a heating element configured to heat the product when in a presence of an electromagnetic field, the heating element having a plurality of conductive elements arranged in a pattern predetermined to heat the product in accordance with a predetermined heating profile associated with the product (heaters 200,202 and 204 are arranged in a pattern on container 206 to heat a product held within, Fig. 4).
With regards to claim 26, Baarman discloses wherein the package is a pizza box (container 206 can be used to hold pizza, Fig. 9).
With regards to claim 27, Baarman discloses wherein the package is a cookie box (container 206 can be used to hold cookies, Fig. 9).
With regards to claim 28, Baarman discloses wherein the heating element includes a first plurality of conductive elements arranged in a first layer disposed on a first side of the product and a second plurality of conductive elements arranged in a second layer disposed on a second side of the product (the heating element for heaters 200, 202, 204 could be on one or more surfaces of heaters 200, 202, 204, paragraph 0030, lines 2-3).
With regards to claim 29, Baarman discloses wherein the heating element includes at least one conductive element arranged in a conductive loop, whereby loop currents are induced in the conductive loop when in the presence of the electromagnetic field (heaters 200,202 and 204 induce heating in contact with inductive primary loops 208, Fig. 4).
With regards to claim 30, Baarman discloses wherein at least a first portion of the conductive loop is in the first layer disposed on the first side of the product and a second portion of the conductive loop is in the second layer disposed on the second side of the product (heaters 200,202 and 204 induce heating in contact with inductive primary loops 208 wherein each loop is separated from each other, Fig. 4).
With regards to claim 31, Baarman discloses wherein the first plurality of conductive elements define a first aperture and the second plurality of conductive elements includes at least one conductive element aligned with the first aperture (the heating element for heaters 200, 202, 204 could be on one or more surfaces of heaters 200, 202, 204 wherein the primary loops 208 have spacing in between which are considered apertures, Fig. 4).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 6-9,11,12,15,16,18-22 and 32-38 are rejected under 35 U.S.C. 103 as being unpatentable over Baarman and Watts as applied to claims 2,17 and 31 above, and further in view of Watts (US2017/0245679).
With regards to claims 6 and 32, Baarman does not disclose wherein the first plurality of conductive elements define a plurality of apertures and the second plurality of conductive elements includes a plurality of conductive elements aligned with the plurality of apertures.
Watts teaches wherein the plurality of first conductive elements define a plurality of apertures (heating device has inductors 9C which are spaced apart to define apertures, Fig. 9) and the plurality of second conductive elements includes a plurality of conductive elements aligned with the plurality of apertures (tracks 9E aligned with the spaces of inductors 9C, Fig. 9).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Baarman and Watts before him or her, to modify the heating elements of Baarman to include the conductive elements of Watts because the combination allows for uniform heating in a heating apparatus.
With regards to claims 7 and 33, Baarman does not disclose wherein the plurality of conductive elements are arranged in a non- uniform pattern with at least one aperture.
Watts teaches wherein the conductive elements are arranged in a non- uniform pattern with at least one aperture (pattern of inductors 9c are offset and therefore non uniform, Fig. 9).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Baarman and Watts before him or her, to modify the heating elements of Baarman to include the conductive elements of Watts because the combination allows for a unique and precise heating pattern in a heating apparatus.
With regards to claims 8 and 34, Baarman does not disclose wherein the plurality of conductive elements include a first conductive loop portion and a second conductive loop portion arranged in series.
Watts teaches wherein the conductive elements include a first conductive loop portion and a second conductive loop portion arranged in series (inductors 9C have multiple loops in series, Fig. 9).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Baarman and Watts before him or her, to modify the conductive elements of Baarman to include the series connection of Watts because the combination allows for an efficient powering of a heating apparatus.
With regards to claims 9 and 35, Baarman does not disclose wherein the first conductive loop portion is disposed inside the second conductive loop portion.
Watts teaches wherein the first conductive loop portion is disposed inside the second conductive loop (inductors 9C has an innermost loop that can be considered a first loop and outer most loop that is considered a second conductive loop, Fig. 9).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Baarman and Watts before him or her, to modify the conductive elements of Baarman to include the conductive loops of Watts because the combination allows for a precise spatial relationship between conductive elements of heating apparatus.
With regards to claims 11 and 37, Baarman does not disclose wherein a width of the plurality of conductive elements varies.
Watts teaches wherein a width of the plurality of conductive elements varies (inductors 9C have loops that have vertical shift that changes the width of the inductor 9C, Fig. 9).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Baarman and Watts before him or her, to modify the conductive element of Baarman to include the varying widths of Watts because the combination allows for precise temperature control in a heating apparatus.
With regards to claims 12 and 38, Baarman discloses wherein the plurality of conductive elements are configured to induce eddy currents and loop currents (inductive primary 208 provides a primary current that provides eddy current to heaters 200,202, and 204, Fig. 4).
With regards to claim 15, Baarman does not disclose a heat distributor disposed adjacent to at least a portion of the heating element.
Watts teaches a heat distributor disposed adjacent to at least a portion of the heating element (electrically conductive ink 9D disposed adjacent to at least a portion of the inductors 9C, Fig. 9).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Baarman and Watts before him or her, to modify the package of Baarman to include the heat distributor of Watts because the combination allows for efficient heating in a heating apparatus.
With regards to claim 16, Watts teaches an insulator disposed between the heating element and the heat distributor (the wireless heating device can then be formed onto a mandrel representing the size of the target cups, and may add a layer of thermal insulation, such a cardboard, to the exposed side of the sleeve, paragraph 0072, lines 1-2).
With regards to claim 18, Baarman does not disclose a second inductively heated package disposed in the supplemental electromagnetic field
Watts teaches a second inductively heated package disposed in the supplemental electromagnetic field (pan 13C, cup 13D and electronic device 13E are all heated by inductive countertop 13A, Fig. 13).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Baarman and Watts before him or her, to modify the package of Baarman to include the multiple packages of Watts because the combination allows for an increased capacity for heating in a heating apparatus.
With regards to claim 19, Baarman discloses an inductively heated package (container 206 heated by heaters 200,202 and 204, Fig. 4) comprising: an inductive receiver for receiving power from an electromagnetic field (inductive primary 208, Fig. 4); an electronic circuit connected in series with the inductive receiver (heater control 210 connected in series with inductive primary 208, Fig. 4); a heating element connected in series with the inductive receiver and in parallel with the electronic circuit (heaters 200,202 and 204 which are heated by inductive primary 208 connected to heater control 210, Fig. 4).
Baarman does not disclose a heating element the heating element having an impedance that varies with the frequency of the electromagnetic field, the heating element having a first impedance at a first frequency to prevent significant loss of voltage at the first frequency, the heating element having a second impedance at a second frequency to allow the induced current to heat the heating element at the second frequency.
Watts teaches the heating element having an impedance that varies with the frequency of the electromagnetic field (heating device having an impedance once current is applied, Fig. 9), the heating element having a first impedance at a first frequency to prevent significant loss of voltage at the first frequency (heating device has inductors 9C that have a thin thickness sized to prevent voltage loss, Fig. 9), the heating element having a second impedance at a second frequency to allow the induced current to heat the heating element at the second frequency (electrically conductive ink 9D is thicker than inductors 9C and has a second impedance that leads to current return path 9B and optimizes heating, Fig. 9).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Baarman and Watts before him or her, to modify the heating elements of Baarman to include the conductive elements of Watts because the combination allows for uniform heating in a heating apparatus.
With regards to claim 20, Baarman discloses wherein the inductive receiver is a coil (inductive primary 208 is a coil, Fig. 4).
With regards to claim 21, Baarman does not disclose wherein the electronic circuit is an NFC tag.
Watts teaches wherein the electronic circuit is an NFC tag (wireless heating device designed to resonate at the ISM band, NFC frequency of 13.56 MHz could incorporate communication protocols that can operate from the same antenna and resonant circuitry as the wireless heating device. This can allow for added functionality, including increased Tx-Rx communications and various methods of customer engagement, while simultaneously integrating with existing NFC communications equipment, paragraph 0098, lines 7-11).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Baarman and Watts before him or her, to modify the electronic circuit of Baarman to include the NFC tag of Watts because the combination allows for identification mechanisms to improve usefulness the heating apparatus in operation.
With regards to claim 22, Baarman discloses wherein the heating element includes a plurality of conductive elements (heating device has heaters 200,202 and 204, Fig. 4).
With regards to claim 36, Baarman discloses wherein the plurality of conductive elements include a first conductive loop portion disposed on a first side of the package and a second conductive loop portion disposed on a second side of the package (inductive primary 208 are made of multiple loops that extend from one side of container 206, Fig. 4).
Allowable Subject Matter
Claim 14 is objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claims. The prior art does not disclose or teach wherein at least one conductive element is folded along a fold line, the conductive element having greater width or greater thickness along the fold line.
Claims 23 and 24 are allowable because the prior art does not disclose or teach a first heat distributor disposed adjacent the first plurality of conductive elements on the first layer and a second heat distributor disposed adjacent the second plurality of conductive elements on the second layer.
Response to Arguments
Applicant's arguments filed 6/24/2026 have been fully considered but they are not persuasive.
Applicants argument: Applicant argues the prior are does not disclose or teach all the limitations of claim 1 and 25.
Examiners response: Applicant argues the prior art does not disclose “an inductively heated package of a product” (Remarks, page 11). As best as the examiner can understand, “an inductively heated package of a product” is a package that can hold a product that is inductively heated. Baarman discloses heater control 210 could energize the heaters to maintain the contents of container 206 at a desired temperature (paragraph 0032, lines 1-2). The contents of container 206 therefore are the same as a product of a package as limited in the claim. Applicant argues the prior art does not disclose “the heating element having a plurality of conductive elements arranged in a pattern predetermined to heat the product in accordance with a predetermined heating profile”. Baarman discloses heaters 200,202 and 204 are in a pattern to heat the inductive primary 208 to heat the product within container 206 (Fig. 4).
Applicants argument: Applicant argues the prior are does not disclose or teach all the limitations of claim 19.
Examiners response: Applicant argues the prior art does not disclose “an inductive receiver for receiving power from an electromagnetic field; an electronic circuit connected in series with the inductive receiver; and heating element connected in series with the inductive receiver and in parallel with the electronic circuit” (Remarks, page 4). Baarman discloses an inductively heated package (container 206 heated by heaters 200,202 and 204, Fig. 4) comprising: an inductive receiver for receiving power from an electromagnetic field (inductive primary 208, Fig. 4); an electronic circuit connected in series with the inductive receiver (heater control 210 connected in series with inductive primary 208, Fig. 4); a heating element connected in series with the inductive receiver and in parallel with the electronic circuit (heaters 200,202 and 204 which are heated by inductive primary 208 connected to heater control 210, Fig. 4). The inductive receiver 66 is defined as a coil (Fig. 7). Baarman discloses that inductive primary 208 is a coil that receives power from heater control 210 (Fig. 4). Applicant argues the prior art does not disclose “the heating element having an impedance that varies with the frequency of the electromagnetic field, the heating element having a first impedance at a first frequency to prevent significant loss of voltage at the first frequency, the heating element having a second impedance at a second frequency to allow the induced current to heat the heating element at the second frequency”. Watts teaches the heating element having an impedance that varies with the frequency of the electromagnetic field (heating device having an impedance once current is applied, Fig. 9), the heating element having a first impedance at a first frequency to prevent significant loss of voltage at the first frequency (heating device has inductors 9C that have a thin thickness sized to prevent voltage loss, Fig. 9), the heating element having a second impedance at a second frequency to allow the induced current to heat the heating element at the second frequency (electrically conductive ink 9D is thicker than inductors 9C and has a second impedance that leads to current return path 9B and optimizes heating, Fig. 9). The difference in the thickness of inductors 9C and 9D would mean a different impedance which would have different frequencies. Inductors in steady state having different impedances will have different frequencies.
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 THOMAS JOHN WARD whose telephone number is (571)270-1786. The examiner can normally be reached Monday - Friday, 7am - 4pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, EDWARD LANDRUM can be reached at 5712725567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THOMAS J WARD/Examiner, Art Unit 3761
/JOHN J NORTON/Primary Examiner, Art Unit 3761