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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/02/2026 has been entered.
Response to Amendment
The amendment filed 02/02/2026 has been entered. Claims 10-16 & 18-34 remain pending in the application.
Response to Arguments
Applicant's arguments with respect to claims 10-16 & 18-34 have been considered but are not seen as persuasive, see reasoning below.
Regarding claims 10-13, Applicant argues that examiner improperly designated the use of 112f. Although "means for" or "steps for" is not used in the claim language, there are generic place holders that are not modified by sufficient structure, material or acts for performing the claimed functions, MPEP 2181, subsection I, (C). Therefore, the use of the term "power unit" is seen to invoke 112f since in their corresponding claims as taught by the Final office action, there is no sufficient structure, material or acts for performing the claimed functions of a power unit providing power. Examiner does apologize for the typo of leaving "temperature regulator" in the 112f section and that the amendment filed 05/21/2025 overcame 112f by adding structure to the temperature regulator.
Regarding claims 22-23, Examiner stands by the 112f invoking for the reasons taught above but acknowledges and thanks applicant for pointing towards paragraph [0032] & [0033] for interpretating and will herein out using the interpretation based on those paragraphs.
Regarding claim 32, Examiner acknowledges and entered the amendment, and it overcomes the 112a rejection.
Regarding claim 34, Applicant argues the ultrasonic mister is disclosed. While examiner acknowledges that in paragraph [0108] of applicants specification it discloses "an ultrasonic transducer configured to generate a mist of the working fluid in the airflow path", it would not be obvious to one of the ordinary skill to assume an ultrasonic transducer is seen as an ultrasonic mister especially since it is disclosed that “some embodiments may include an ultrasonic transducer… [and] some embodiments may generate a mist of water with the ultrasonic transducer” such that an ultrasonic transducer is what is converting the electrical energy into mechanical energy, therefore it is converting and supplying energy to create a mist which the mist can be created such that it does not require an ultrasonic mister such as spray nozzle, atomizer, or the like which is disclosed in applicants specification in paragraph [0050] and an ultrasonic mister is seen as a completely different element from the ultrasonic transducer. Examiner also sees "a substantial drop in temperature" disclosed in applicants paragraph [0092] as not the same as pre-cooling such that pre-cooling is seen as an intentional action wherein the drop of temperature is a reaction to an action. Examiner suggest amending claim to better reflect the claim language as disclosed in these paragraphs to overcome the 112a rejection.
Regarding claim 10, applicant argues that Gengrinovitch in view of Hockaday does not explicitly disclose a thermoelectric heat pump with its second surface adjacent to a pumped working liquid. Examiner disagrees while examiner points to a pump configured to circulate the working liquid in column 11 lines 23-25, Examiner failed to mention that heat pipes in conjunction to the air pump functions as a thermoelectric heat pump which is disclosed in Column 7 lines 31-33 such that the inner surface of the pipes is seen as the inside of the pipes. Examiner has corrected the rejection below to better reflect this. Therefore, it would have been obvious to one of ordinary skill in the art to have modified the thermoelectric pump taught by Gengrinovitch to be adjacent to a pumped working fluid.
Regarding claims 11-15 & 18-34, Examiner sees Claim 10 dependents as being unpatentable over Gengrinovitch in view of Hockets as taught by the Final rejection and the reasonings above.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim 10 is being interpreted under 35 U.S.C. 112(f) for the recitation of “power unit”. Examiner is interpreting this as a battery capable of providing power to the temperature regulating element since a battery is mentioned as a means to supplying power seen in specification paragraph [0040].
Claims 21-22 are being interpreted under 35 U.S.C. 112(f) for the recitation of “a means for dissipating thermal energy”. Examiner is interpreting this element as any system that uses both an advective flux coupled to heat transfer and a phase transition to carry thermal energy away from a heat sink specified in the portion of the specification wherein it is disclosed seen in paragraph [0033].
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 34 is 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. Claim 34 recites "an ultrasonic mister configured to pre-cool air before the air blows against the heat sink.". There is no place in the specification or figures disclosing an ultrasonic mister. The closest subject matter disclosed is in paragraph [0050] disclosing some embodiments may generate a mist of water with the ultrasonic transducer, spray nozzle, atomizer, or the like.
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.
Claims 10-13, 16, 18, 20-22, 25-33 are rejected under 35 U.S.C 103 as being unpatentable over GENGRINOVITCH et al. (US 20220331135) herein referred to as “GENGRINOVITCH” in view of Hockaday (US 8156570) herein referred to as “Hockaday”.
Regarding claim 10, GENGRINOVITCH discloses a wearable device (Figure 2A, 100), comprising: a housing configured to encompass at least a portion of a body part of a wearer (Figure 2A, 102; wherein device encompasses a wearers leg and knee); a plurality of biometric sensors coupled to the housing (Figure 2A, 162; Paragraph [0220]; wherein a plurality of temperature sensor 162 can be used but is not shown; Paragraph [0222]; wherein at least one sensor is configured to measure the subjects body status and reaction); a controller communicably coupled to the housing and the plurality of biometric sensors (Figure 2A, 160); a communication channel for communicating with an external communication device (Paragraph [0051]; wherein control unit communicates wirelessly with an external processing unit); a temperature regulator coupled to the controller and housing (Figure 2A, 120; Paragraph [0116]; wherein TEC controls temperature being provided to the subjects joint), the temperature regulator being configured to controllably adjust a temperature of the housing (Paragraph [0154]; the temperature of thermoelectric cooler 120 of the housing is controlled and adjusted); wherein: the temperature regulator includes a thermoelectric heat pump coupled to the housing (Paragraph [0126]; wherein thermoelectric cooler can contain a thermoelectric heat pump), the thermoelectric heat pump having a first surface and a second surface opposite the first surface (Paragraph [0126]; wherein thermoelectric heat pump is configured to transfer heat from one side of the device to another therefore having two surfaces opposite of each other); and a blower is configured to blow ambient air against the heat sink to extract thermal energy from the working liquid (Paragraph [0042]; Paragraph [0276]; wherein fan is the same as a blower); and a power unit configured to provide power to the temperature regulator (Paragraph [0213]; wherein control unit not shown is coupled to a power source such as a battery, and the control unit controls the temperature of the TEC). However, GENGRINOVITCH does not explicitly disclose the second surface of the thermoelectric heat pump is adjacent a working liquid in fluid communication with a pump configured to circulate the working liquid.
Hockaday discloses a wearable device (Figure 1) wherein the second surface of the thermoelectric heat pump is adjacent a working liquid in fluid communication with a pump configured to circulate the working liquid (Column 11, lines 23-25; wherein heat pipes in conjunction to the air pump functions as a thermoelectric heat pump which is disclosed in Column 7 lines 31-33 such that the inner surface of the pipes is seen as the inside of the pipes). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device taught by GENGRINOVITCH to allow for the structure taught by Hockaday. The motivation being it would be obvious to try different methods of circulating fluid throughout the device to see which allows for the best transfer of heat (MPEP 2143 (E).
Regarding claim 11, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 10, wherein the temperature regulator is configured to fluctuate between causing the housing to be at a first temperature and a second temperature that is hotter than the first temperature (Paragraph [0154]; wherein TEC first temperature is 25 degrees Celsius and the second temperature is above 25 degrees Celsius).
Regarding claim 12, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 10, wherein the device is configured to: receive biometric sensor information from one or more of the plurality of biometric sensors (Paragraph [0217]; wherein temperatures are controlled by the control unit based on the received temperature from the temperature sensor; Paragraph [0222]; wherein biometric sensors are configured to measure therefore receive subjects body status and reaction to the treatment); provide the biometric sensor information via communication channel (Paragraph [0219]; wherein temperature sensor sends information to the control unit; Paragraph [0052]; wherein control unit sends wireless signation indications to the external processing unit); receive one or more commands from the external communication device including a target temperature in response to the biometric sensor information (Paragraph [0052]; wherein control unit sends wireless signation indications to the external processing unit); receive one or more commands from the external communication device including a target temperature in response to the biometric sensor information; Paragraph [0051]; wherein external processing unit can provide commands such as instructions to control the temperature); determine a current temperature of the temperature regulator is not of a same temperature as the target temperature (Paragraph [0044]; wherein the temperature can be controlled based on a current temperature therefore, there is a means of determining that the current temperature is not at the target temperature); and cause the controller to update the current temperature of the temperature regulator to be at the target temperature (Paragraph [0046]; wherein the control unit brings the current temperature of the TEC up to a second predetermined temperature seen as a target temperature), wherein the one or more commands includes a target temperature range and a timing interval (Paragraph [0046]; wherein the target temperature is produced for a predetermined time interval).
Regarding claim 13, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 10, comprising: a display coupled to the housing configured to display a current temperature of the temperature regulator (Paragraph [0050]; wherein control unit is configured to display indications of temperature therefore it also seen as a display), wherein the display is configured to receive a manual input of a desired temperature and a desired timing interval (Paragraph [0233]; wherein user can select one of the plurality of predetermined operation programs from the control unit; Paragraph [0045]-[0046]; wherein the predetermined operation programs include a predetermined temperature and predetermined time interval).
Regarding claim 16, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 10, wherein the housing is configured for encompassing at least a user's knee (Figure 2A, 116)
Regarding Claim 18, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 17 wherein a heat exchanger thermally coupled to the second surface of the thermoelectric heat pump (GENGRINOVITCH, Paragraph [0038]-[0039]; wherein the heat exchanger is cooling unit comprising a heat sink which is coupled to the external TEC face which is seen as a second surface), the heat exchanger being configured to accept thermal energy from the second surface of the thermoelectric heat pump (GENGRINOVITCH, Paragraph [0037]; wherein the heat exchanger is configured to evacuate therefore accept thermal energy from the external TEC face).Hockaday also discloses wherein the heat exchanger is an evaporative heat exchanger (Column 2, lines 6-10; wherein heat pipes act as an evaporative heat exchanger) configured to conduct the thermal energy to a working fluid in a liquid state (Column 2, lines 6-10; wherein heat pipes transfer heat the sweat on the body which sweat is seen as a working fluid in a liquid state), evaporate the working fluid (Column 2, lines 6-10), and exhaust the evaporated working fluid into an ambient environment (Column 2, lines 6-10; wherein sweat is evaporated into wicking surfaces which is seen as an ambient environment).Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have substituted the heat exchanger taught by GENGRINOVITCH for the heat exchanger taught by Hockaday. The motivation being a simple substitution of one known heat exchanger, the heat exchanger taught by GENGRINOVITCH for another, the heat exchanger taught by Hockaday to obtain predictable results of heat transfer (MPEP 2143 (B)).
Regarding claim 20, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 18. Hockaday also discloses a vacuum pump configured to remove the working fluid from a surface of a thermally conductive pad and wicking material (Figure 5, 131; Column 11, lines 23-25; wherein pump is drawing in fluids to tubes 114, therefore is functioning as a vacuum pump). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device taught by GENGRINOVITCH in view of Hockaday to include a vacuum pump taught by Hockaday. The motivation to circulate or oscillate fluids from one surface to another (Hockaday, Column 11, lines 23-25).
Regarding claim 21, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 10 comprising a means for dissipating thermal energy (GENGRINOVITCH, Paragraph [0037]; wherein the heat exchanger is configured to evacuate therefore accept thermal energy from the external TEC face).Hockaday also discloses a wearable device (Figure 1) comprising a means for dissipating thermal energy through vaporization of a substance (Column 2, lines 6-10; wherein heat pipes act as an evaporative heat exchanger to dissipate thermal energy and evaporate sweat). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the heat exchanger taught by GENGRINOVITCH for the heat exchanger taught by Hockaday. The motivation being a simple substitution of one known heat exchanger, the heat exchanger taught by GENGRINOVITCH for another, the heat exchanger taught by Hockaday to obtain predictable results of heat transfer (MPEP 2143 (B)).
Regarding claim 22, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 10 comprising a means for dissipating thermal energy (GENGRINOVITCH, Paragraph [0037]; wherein the heat exchanger is configured to evacuate therefore accept thermal energy from the external TEC face).Hockaday also discloses a wearable device (Figure 1) comprising a means for dissipating thermal energy using a phase transition (Column 2, lines 6-10; wherein heat pipes act as an evaporative heat exchanger to dissipate thermal energy and evaporate sweat, therefore turning liquid sweat into a gas which is a phase transition). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the heat exchanger taught by GENGRINOVITCH for the heat exchanger taught by Hockaday. The motivation being a simple substitution of one known heat exchanger, the heat exchanger taught by GENGRINOVITCH for another, the heat exchanger taught by Hockaday to obtain predictable results of heat transfer (MPEP 2143 (B)).
Regarding claim 24, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 18. Hockaday also discloses an evaporative cooler (Figure 5, 113; Column 11 lines 2-5; wherein wicking surface 113 & tubing acts as an evaporative cooler by water being distributed on the wicking surface and being evaporating thorough tubes 114), the evaporative cooler disposed along the path of the working fluid (Figure 5, 109; wherein 109 is the sweat and it can be seen the path of the working fluid moves from the wearer 11 all the way to 113), the evaporative cooler configured to vaporize the working fluid (Column 11, line 67- Column 12 lines 1-2). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device taught by GENGRINOVITCH in view of Hockaday to include an evaporative cooler as taught by Hockaday. The motivation being higher cooling capacity (Hockaday, Column 11 lines 2-5).
Regarding claim 25, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 24. Hockaday also discloses a reservoir operatively connected to the evaporative cooler, the reservoir configured to contain the working fluid (Figure 5, 114; Column 11, lines 20-23; wherein tubes 114 can be sealed and act as a reservoir to the working fluid). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device taught by GENGRINOVITCH in view of Hockaday to include a reservoir as taught by Hockaday. The motivation being to contain the working fluid to be able to circulate it throughout the wearable device (Hockaday, Column 11, lines 20-23)
Regarding claim 26, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 18 wherein the evaporative heat exchanger comprises a heat sink coated with a material (GENGRINOVITCH, Paragraph [0039]; wherein the heat sink is coated in a thermal paste). Hockaday discloses convection cooling fins being coated in a desiccant material (Figure 5, 90 & 91; wherein 91 is dehydrator beads therefore a desiccant material in which the top surface of the fins come into contact with the beads). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device taught by GENGRINOVITCH in view of Hockaday to include a desiccant material on a heat sink. The motivation being to remove moisture from an environment (Hockaday, Column 10, lines 6-9)
Regarding claim 27, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 18. Hockaday also discloses a vacuum configured to draw the working fluid from a thermally conductive pad and wicking material which functions similarly to a heat sink (Figure 5, 131; Column 11, lines 23-25; wherein pump is drawing in fluids to tubes 114, therefore is functioning as a vacuum). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device taught by GENGRINOVITCH in view of Hockaday to include a vacuum taught by Hockaday. The motivation to circulate or oscillate fluids from one surface to another (Hockaday, Column 11, lines 23-25).
Regarding claim 28, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 18. GENGRINOVITCH also discloses wherein the working fluid is water, propylene glycol, or glycerin (Paragraph [0165]; wherein a thermally conductive material can be a water-based solvent in which water itself is a solvent therefore a water-base solvent could just be water)
Regarding claim 29, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 18. GENGRINOVITCH also discloses wherein the working fluid is a mixture comprising one or more of the following: water, propylene glycol, or glycerin (Paragraph [0165]; wherein the first thermally conductive material may include a combination of a silicone-based polymer, organic polymer, organic solvent and water, wherein an organic polymer can include polypropylene glycol which contains propylene glycol)
Regarding claim 30, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 18. Hockaday also discloses a desiccant-based dehumidifier in the airflow path upstream from a region in the airflow path in which the working fluid evaporates (Figure 3, 53; Column 8, lines 56-60). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device taught by GENGRINOVITCH in view of Hockaday to include a dehumidifier as taught by Hockaday. The motivation being to absorb water vapor from the air (Hockaday, Column 8, lines 56-60).
Regarding claim 31, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 20. Hockaday discloses a bladder operatively connected to the pump, the bladder being configured to contain the working fluid (Figure 5, 131; wherein bladder is a part of 131 pump and bladder assembly and can be seen containing the working fluid). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device taught by GENGRINOVITCH in view of Hockaday to include a bladder as taught by Hockaday. The motivation to circulate or oscillate fluids from one surface to another (Hockaday, Column 11, lines 23-25).
Regarding claim 32, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 10. Hockaday discloses wherein the working liquid is in a closed cycle that includes a flexible bladder(Column 11, lines 20-25), wherein the liquid is water (Column 6 lines 36-39). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device taught by GENGRINOVITCH in view of Hockaday to include a flexible bladder as taught by Hockaday. The motivation to circulate or oscillate fluids from one surface to another (Hockaday, Column 11, lines 23-25).
Regarding claim 33, wherein the temperature regulator is configured to conduct heat from the wearer through the thermoelectric heat pump to the heat sink (Claim 1; wherein heat sink is attached to the temperature regulator which contains the thermoelectric heat pump as taught above wherein the other side of the temperature regular is attached to the users skin to transfer heat)
Claims 14-15 are rejected under 35 U.S.C 103 as being unpatentable over GENGRINOVITCH and Hockaday in further view of Paxman et al. (US 20130138185) herein referred to as Paxman.
Regarding Claim 14, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 10 wherein the communication channel is configured to receive one or more instructions via a wireless communication to control the housing through a connected application (GENGRINOVITCH, Paragraph [0051]; the control unit is configured to receive instructions wirelessly from an external processing unit to control the temperature of a portion of the housing). However, GENGRINOVITCH in view of Hockaday not explicitly disclose wherein the controller is configured to communicate with a secondary wearable device.
Paxman discloses a wearable device (Figure 3) wherein the controller is configured to communicate with a secondary wearable device (Paragraph [0197]; wherein control unit communicates with a first and secondary wearable device to communicate flow rate). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device taught by GENGRINOVITCH in view of Hockaday to include a secondary wearable device as taught by Paxman. The motivation being to allow for treatment at a first and second location (Paxman, Claim 1).
Regarding Claim 15, GENGRINOVITCH and Hockaday in view of Paxman discloses the wearable device of claim 14. Paxman also discloses wherein the wearable device is configured to communicate a first temperature and timing interval to the secondary wearable device (Claim 1; wherein a temperature sensor detects the temperature at the secondary wearable device which is the second location, and output heat therefore a first temperature for a pre-determined amount of time). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device taught by GENGRINOVITCH and Hockaday in view of Paxman to include the secondary wearable device as taught by Paxman. The motivation being to allow for treatment at a first and second location that are independent of each other (Paxman, Claim 1).
Claim 19 is rejected under 35 U.S.C 103 as being unpatentable over GENGRINOVITCH and Hockaday further in view of DUCHON et al. (US 20210275834) herein referred to as DUCHON.
Regarding Claim 19, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 18 comprising: a fan configured to blow air adjacent to or through the evaporative heat exchanger, along an airflow path (GENGRINOVITCH, Figure 11, 178). However, GENGRINOVITCH in view of Hockaday does not explicitly disclose an ultrasonic transducer configured to generate a mist of the working fluid in the airflow path.
DUCHON discloses a medical device (Figure 2) comprising an ultrasonic transducer configured to generate a mist of the working fluid in the airflow path (Figure 2, 70; Paragraph [0078]; wherein ultrasonic transducer tip receives fluid and sprays it therefore creating a mist). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device taught by GENGRINOVITCH in view of Hockaday to include a ultrasonic transducer as taught by DUCHON. The motivation being to deliver a fluid to an area of skin or tissue for treatment (DUCHON, Paragraph [0010).
Claim 23 is rejected under 35 U.S.C 103 as being unpatentable over GENGRINOVITCH and Hockaday in further view of Paradis et al. (US 20170354534) herein referred to as Paradis.
Regarding Claim 23, GENGRINOVITCH in view of Hockaday discloses the wearable device of claim 18. However, GENGRINOVITCH in view of Hockaday does not explicitly disclose wherein the working fluid has a latent heat of vaporization greater than 15000 J/mol.
Paradis discloses a wearable device (Figure 1, 13) wherein the working fluid has a latent heat of vaporization greater than 15000 J/mol (Paragraph [0146]; wherein the known heat of vaporization of water is 2256 J/g, therefore to convert into J/mol, you multiple by waters molecular mass of 18.01528 g/mol to get 40642.47 J/mol for the heat of vaporization). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the working fluid taught by GENGRINOVITCH in view of Hockaday to have a heat of vaporization greater than 15000 J/mol. The motivation being simple substitution of one known working fluid, the working fluid taught by GENGRINOVITCH in view of Hockaday for another, the working fluid taught by Paradis to obtain predictable results of having a heat of vaporization greater than 15000 J/mol (MPEP 2143 (B)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA M PAPE whose telephone number is (703)756-5947. The examiner can normally be reached M-F 7:30-5:00.
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ALYSSA M. PAPE
Examiner
Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794