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 Amendment
Examiner acknowledges the amendments made to the claims 1, 3 and 11 with claims 2 and 8 cancelled in prosecution. Claims 1, 3-7, 9-11 are currently pending in the present application.
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, 3-7, 9-11 is/are rejected under 35 U.S.C. 103 as being anticipated by Allemand (US Patent No 20130079893) in view of Zsolesak (US Patent No 20150282556).
Regarding claim 1, Allemand teaches an orthotic device comprising (temperature control device for an prosthetic socket, [abstract]): an orthotic appliance formed by at least two laminate layers (see layer 32 and 31, Fig 3), wherein the at least two layers includes a first laminate layer and a second laminate layer (see fig 3, in which layer 32 and 31 form a laminate layer, [0062]); and a heating apparatus including a heating element (heating element 1, [0052]) embedded between the first laminate layer and the second laminate layer (see fig 3, for heating element 1 disposed between layer 32 and 31), wherein the heating apparatus further includes a power supply operatively coupled to the heating element (see fig 1, for the heating element 1 which is connected to the control case 2 which contains the power supply, [0063]); the heating element selectively heats the orthotic appliance (in which the adjusting element 11 allows for the user adjustment of the temperature applied via the heating element 1, [0063]).
Allemand does not teach in which the heating element includes a wireless charging receiving coil; the power supply includes a wireless charging transceiver; and when power is supplied to the wireless charging transceiver and the wireless charging transceiver is positioned proximate to the wireless charging receiving coil, a current is magnetically induced within the wireless charging receiving coil to supply power to the heating element.
However, using wireless induction as a method to power heating elements is well known in the art, see for example the analogous heating therapy sole disclosed by Zsolesak which does teach a wireless charging receiving coil (see the internal heating assembly 1003 which includes an inductive receiver coil, [0112]); the power supply includes a wireless charging transceiver (see the removeable assembly 1002 which contains the wireless transmitter inductive coil, [0112]); and when power is supplied to the wireless charging transceiver and the wireless charging transceiver is positioned proximate to the wireless charging receiving coil (wherein the external removeable assembly 1002 is found proximate the internal assembly 1003 which contains the receiver coil, see fig 33), a current is magnetically induced within the wireless charging receiving coil to supply power to the heating element (from [0112], see in which electromagnetic power is transferred to the internal eating element which emits heat for the device 1000).
Therefore, it would have been obvious for one skilled in the art to combine the temperature control device structure of Allemand with the wireless coil and power induction transceiver system taught by Zsolesak in order to have wireless and efficient power transfer between the power supply and the heating source while also maintaining a modular temperature control device as disclosed by Zsolesak, [0111].
Regarding claim 3, Allemand teaches the orthotic device of claim 1 wherein the power supply is a battery (power supply includes batteries, [0063]).
Regarding claim 4, Allemand teaches the orthotic device of claim 3 wherein the battery is configured to be worn on or proximate to the orthotic appliance (see fig 1, which shows the control pack 2 being worn proximate the heating element 1).
Regarding claim 5, Allemand teaches the orthotic device of claim 3 wherein the heating element comprises a flexible heat strip (heating element 1 is made as a flexible film, [0051]).
Regarding claim 6, Allemand teaches the orthotic device of claim 5 wherein the flexible heat strip is coupled to the battery via a wired connection (heat element 1 is connected to the control case 2 via a cable 3, [0063], see also fig 1).
Regarding claim 7, Allemand teaches the orthotic device of claim 6 wherein at least one wire passes through an outer surface of the orthotic appliance (see fig 1, in which the cable 3 is seen coming externally off the heating element 1 to the control case 2, and therefore must pass through the outer surface 31), and the at least one wire is connected between the power supply and the heating element (heat element 1 is connected to the control case 2 via a cable 3, [0063], see also fig 1).
Regarding claim 9, Allemand teaches the orthotic device of claim 1 wherein a temperature output of the heating element is selectively adjustable (in which the adjusting element 11 allows for the user adjustment of the temperature applied via the heating element 1, [0063]).
Regarding claim 10, in view of the indefinite claim language and as analyzed under the broadest reasonable interpretation, Allemand teaches the orthotic device of claim 1 wherein the heating element has a maximum temperature output selected such that a surface temperature of the orthotic appliance does not exceed 80 degrees Celsius (wherein the user can increase the setpoint temperature up to 40 degrees Celsius, [0065], which falls within the specified range).
Regarding claim 11, Allemand teaches a method of selectively heating an orthotic device being worn on at least a portion of a body (the device for heating placed on the amputation stump on the body, [abstract]), the method comprising: a) placing the orthotic device on the at least a portion of the body (the device for heating placed on the amputation stump on the body, [abstract]), wherein the orthotic device comprises an orthotic appliance formed by at least two laminate layers (see fig 3, in which layer 32 and 31 form a laminate layer, [0062]) and a heating apparatus (heating element 1, [0052]), wherein the at least two laminate layers include a first laminate layer and a second laminate layer (see fig 3, in which layer 32 and 31 form a laminate layer, [0062]), and wherein the heating apparatus includes a heating element embedded between the first laminate layer and the second laminate layer (see fig 3, for heating element 1 disposed between layer 32 and 31); and b) selectively powering the heating element to output heat for the orthotic device (in which the adjusting element 11 allows for the user adjustment of the temperature applied via the heating element 1, [0063]) wherein the heating apparatus comprises a power supply operatively coupled to the heating element (see fig 1, for the heating element 1 which is connected to the control case 2 which contains the power supply, [0063]).
Allemand does not teach in which the heating element includes a wireless charging receiving coil; the power supply includes a wireless charging transceiver; and when power is supplied to the wireless charging transceiver and the wireless charging transceiver is positioned proximate to the wireless charging receiving coil, a current is magnetically induced within the wireless charging receiving coil to supply power to the heating element.
However, using wireless induction as a method to power heating elements is well known in the art, see for example the analogous heating therapy sole disclosed by Zsolesak which does teach a wireless charging receiving coil (see the internal heating assembly 1003 which includes an inductive receiver coil, [0112]); the power supply includes a wireless charging transceiver (see the removeable assembly 1002 which contains the wireless transmitter inductive coil, [0112]); and when power is supplied to the wireless charging transceiver and the wireless charging transceiver is positioned proximate to the wireless charging receiving coil (wherein the external removeable assembly 1002 is found proximate the internal assembly 1003 which contains the receiver coil, see fig 33), a current is magnetically induced within the wireless charging receiving coil to supply power to the heating element (from [0112], see in which electromagnetic power is transferred to the internal eating element which emits heat for the device 1000).
Therefore, it would have been obvious for one skilled in the art to combine the temperature control device structure of Allemand with the wireless coil and power induction transceiver system taught by Zsolesak in order to have wireless and efficient power transfer between the power supply and the heating source while also maintaining a modular temperature control device as disclosed by Zsolesak, [0111].
Response to Arguments
Applicant’s arguments with respect to the newly amended claim(s) 1 and 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specifically, the examiner agrees with the applicant’s argument, stating that the previous prior art of record rejection of Allemand and Isserow do not fully teach the limitations of the newly amended claims 1 and 11 which contain a power induction system to power a heating element via a wireless receiving coil and a wireless power transceiver. However, after further search and consideration, necessitated by the amended claim language, it has been found that the new analogous prior art of Zsolesak does disclose all of the amended limitations which the previous prior art of record was found to have deficient teachings. Specifically, Zsolesak does teach a wireless charging receiving coil (see the internal heating assembly 1003 which includes an inductive receiver coil, [0112]); the power supply includes a wireless charging transceiver (see the removeable assembly 1002 which contains the wireless transmitter inductive coil, [0112]); and when power is supplied to the wireless charging transceiver and the wireless charging transceiver is positioned proximate to the wireless charging receiving coil (wherein the external removeable assembly 1002 is found proximate the internal assembly 1003 which contains the receiver coil, see fig 33), a current is magnetically induced within the wireless charging receiving coil to supply power to the heating element (from [0112], see in which electromagnetic power is transferred to the internal eating element which emits heat for the device 1000). Therefore, as the prior art of record does teach all of the claim limitations as amended in independent claims 1 and 11, the claims remain rejected under the new prior art of record rejection of Allemand in view of Zsolesak set forth in the present office action.
All other claims remain rejected by the previous prior art of record rejection as they are dependent on the rejected claim 1 and 11.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE M BROWN whose telephone number is (703)756-4534. The examiner can normally be reached 8:00-5:00pm EST, Mon-Fri, alternating Fridays off.
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/LINDA C DVORAK/Primary Examiner, Art Unit 3794
/KYLE M. BROWN/Examiner, Art Unit 3794