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 .
Response to Amendment
This action is responsive to the amendments filed 11/13/2025. Claims 1-19 are pending in this application. As directed, claims 1, 5-6, 16-18 have been amended.
With respect to 35 U.S.C. 112(f) Claim Interpretation: Applicant’s amendments to the Claims have not overcome the 35 U.S.C. 112(f) Claim Interpretation set forth in the Non-Final Office Action dated 05/13/2025. Therefore, the 35 U.S.C. 112(f) Claim Interpretation is maintained in this Office Action. See details below in the Claim Interpretation section.
With respect to 35 U.S.C. 112 Claim Rejections: Applicant’s amendments to the Claims have overcome the 35 U.S.C. 112(b) Claim Rejections set forth in the Non-Final Office Action dated 05/13/2025, except for the limitation “the temperature” as recited in claim 5 (lines 2-3); therefore, the 35 U.S.C. 112(b) Claim Rejections regarding the limitation “the temperature” as recited in claim 5 (line 2) is maintained in this Office Action. See details below in the 35 U.S.C. 112 Claim Rejections section.
Response to Arguments
With respect to 35 U.S.C. 102 & 103 Claim Rejections:
Applicant(s)’ arguments filed 11/13/2025 have been fully considered but are moot based on new ground(s) of rejection necessitated by amendments.
However, Examiner would like to note that in response to Applicant’s arguments regarding the prior art rejections of the independent claims 1 & 16 (see details on pages 10-12 of the Remarks dated 11/13/2025), Applicant’s arguments have been fully considered but are not persuasive for the following reasons:
Applicant(s)’ Arguments: (Regarding the independent claim 1)
Applicant alleged: “Claim 1 has been amended to require particular limitations describing the connection of the cup body to the heating module:
the first cup body having a connecting recess; the heating module comprising a heater body:
the heater body having an outer ring;
the outer ring having a convex connecting surface;
the convex connecting surface sets into the connecting recess when the first cup
body is attached to the heating module;
As argued above, Ganahl does not teach these limitations. The additions of Alba- Rivera and/or Bedi, alone or in combination do not cure the deficiencies of Ganahl.
For these reasons, claim 1 is considered to be novel and non-obvious over the cited prior art.” – see details on pages 10-11 of the Remarks dated 11/13/2025.
Examiner’s Response:
Examiner would like to note that the above listed amended features have been added to the independent claim 6, not to the independent claim 1; and Applicant did not provide any arguments/concerns regarding the prior art rejections of the independent claim 6 in the Remarks dated 11/13/2025; therefore, Examiner believed that there was typo in the Remarks dated 11/13/2025, and Applicant intended to argue about the independent claim 6, not the independent claim 1. Therefore, Applicant’s arguments regarding the newly added limitation on pages 10-11 of the Remarks dated 11/13/2025 are treated to be arguments regarding the prior art rejections of the independent claim 6, not the independent claim 1. Additionally, since claim 1 is only amended to overcome the insufficient antecedent basis regarding the limitation “heating plate” in claim 1 (line 25), and Applicant did not provide any arguments regarding the prior art rejections of the independent claim 1, thus, the prior art rejections of the independent claim 1 is maintained in this Office Action, see detailed rejections of the independent claim 1 below in the 35 U.S.C. 103 Claim Rejections section below.
Applicant(s)’ Arguments: (Regarding the independent claim 6)
Regarding the independent claim 6, Applicant argued that the prior art on record Ganahl does not teach the newly added limitations to the independent claim 6 – see details on pages 10-11 in the Remarks dated 11/13/2025 & as explained about the typo previously.
Examiner’s Response:
Examiner would like to note that the independent claim 6 is now rejected under 35 U.S.C. 103 as being unpatentable over Ganahl Embodiment Fig.15 in view of Ganahl Embodiment Figs.1A-5G. Regarding the newly added limitations to the independent claim 6, the Ganahl Embodiment Figs.1A-5G is now applied to teach the newly added limitations “the first cup body having a connecting recess; the heater body having an outer ring; the outer ring having a convex connecting surface; and the convex connecting surface sets into the connecting recess when the first cup body is attached to the heating module” as recited in the independent claim 6 in this Office Action. See detailed rejections of the independent claim 6 below in the 35 U.S.C. 103 Claim Rejections section below.
Applicant(s)’ Arguments: (Regarding the independent claim 16)
Regarding the independent claim 16, Applicant argued that the prior arts on record Ganahl and Alba-Rivera do not teach the newly added limitations to the independent claim 16 – see details on pages 11-12 in the Remarks dated 11/13/2025.
Examiner’s Response:
Examiner would like to note that regarding the independent claim 16, the prior art on record Ganahl properly teaches all newly added limitations to the independent claim 16, specifically, Ganahl discloses (Ganahl Figs.1A-5G):
the base unit (battery module 40, Ganahl Figs.1A-1B & Fig.5D) is selectively attachable to the heating module (heating assembly 30, Ganahl Figs.1A-1B & Fig.3B) (Ganahl Par.0082 disclose: “As also shown in FIGS. 1A and 1B, one or more additional modules, generally referenced as 40, can be secured or selectively removable connected to container 10, such as, to the bottom of the heating assembly 30, for example, via a cooperatively constructed connection assembly, including, but in no way limited a twist and lock type of connection assembly.”);
a connecting column (connecting column, Ganahl annotated Fig.5D below) of the base unit (battery module 40, Ganahl Figs.1A-1B & Fig.5D) passes through a connection hole (connection hole, Ganahl annotated Fig.3D below) of the heating module (heating assembly 30, Ganahl Figs.1A-1B & Fig.3D) when the base unit (battery module 40, Ganahl Figs.1A-1B & Fig.5D) is attached to the heating module (heating assembly 30, Ganahl Figs.1A-1B & Fig.3D) (see attachment of the heating assembly 30 and the battery module 40 in Ganahl Figs.1A-1B, additionally, Ganahl Par.0101 discloses: “the module 40 includes at least one electrical connection 44, 44A configured to receive or otherwise electrically connect with the electrical connection 34, 34A of the heating assembly 30 … Upon doing so, the electrical connections 34, 34A and 44, 44A of the heating assembly 30 and module 40, respectively, will electrically interconnect with one another thereby allowing the power or electricity from the module 40 to flow or transfer to the heating assembly 30.”, and Ganahl Par.0102 discloses: “Also, this design allows the heating assembly 30 and/or module 40 to spin, twist or rotate (for example partially or 360 degrees) relative to one another without the electrical contacts being disconnected.”);
a rotation of either the heating module (heating assembly 30, Ganahl Figs.1A-1B & Fig.3B) or base unit (battery module 40, Ganahl Figs.1A-1B & Fig.5D) enables a base buckle tab (flanges 48B, Ganahl Fig.5D) of the base unit (battery module 40, Ganahl Figs.1A-1B & Fig.5D) to interface with a buckle tab (protrusions or ledges 38A & grooves 38B, Ganahl Fig.3B) of the heating module (heating assembly 30, Ganahl Figs.1A-1B & Fig.3B) (rotation of the heating assembly 30 or the battery module 40 enables the flanges 48B of the battery module 40 to interface with the protrusions or ledges 38A and grooves 38B of the heating assembly 30 because Ganahl Par.0097 discloses: “the heating assembly 30 and/or module 40, 50 60 to twist or rotate relative to one another without the electrical connections being dislodged or losing contact”, Ganahl Par.0100 discloses: “the one or more flanges 48B will engage or connect with the heating assembly 30, for example, upon twisting the connection assembly 38 relative to the module 40”, and Ganahl Par.0101 discloses: “the one or more flanges 48 may slide within one or more grooves 38B and/or engage one or protrusions or ledges 38A of the connection assembly 38.”) to provide vertical orientation (vertical orientation of the battery module 40 and the heating assembly 30 is shown in Ganahl Figs.1A-1B) of the base unit (battery module 40, Ganahl Figs.1A-1B & Fig.5D) and the heating module (heating assembly 30, Ganahl Figs.1A-1B & Fig.3B);
a base convex positioner (base convex positioner, Ganahl annotated Fig.5D below) of the base unit (battery module 40, Ganahl Figs.1A-1B & Fig.5D) engages a buckle concave receiver (buckle concave receiver, Ganahl annotated Fig.3A below) of the heating module (heating assembly 30, Ganahl Figs.1A-1B & Fig.3A) to radially locate the base unit (battery module 40, Ganahl Figs.1A-1B & Fig.5D) and the heating module (heating assembly 30, Ganahl Figs.1A-1B & Fig.3A) and provide a fixed stop position (fixed stop position as shown in Ganahl Figs.1A-1B) and prevent accidental disassembly of the heating module (heating assembly 30, Ganahl Figs.1A-1B & Fig.3A) and the base unit (battery module 40, Ganahl Figs.1A-1B & Fig.5D) (Ganahl Figs.1A-1B shows a fixed stop position to prevent accidental disassembly of the heating assembly 30 and the battery module 40 because Ganahl Par.0082 discloses: “As also shown in FIGS. 1A and 1B, one or more additional modules, generally referenced as 40, can be secured or selectively removable connected to container 10, such as, to the bottom of the heating assembly 30, for example, via a cooperatively constructed connection assembly, including, but in no way limited a twist and lock type of connection assembly.”).
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See detailed rejections of the independent claim 16 below in the 35 U.S.C. 103 Claim Rejections section.
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 limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“heating module” in claim 6 (lines 4, 5, 8, 10, 12, 16, 17) and “heating module configured to heat a liquid in the first cup body” in claim 6 (line 13). This limitation uses generic placeholder “module” (Prong A); the term “module” is modified by functional language “heating / configured to heat a liquid in the first cup body” (Prong B); and the term “module” is not modified by sufficient structures, materials or acts for performing the claimed function (Prong C). Therefore, this limitation invokes 35 U.S.C. 112(f). For examination purposes, the “heating module” will be interpreted as comprising “a heating plate” and equivalents, as indicated by Specification Par.0009 of the Instant Application. Specifically, Par.0009 described: “a heating plate of the heating module”.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
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 5 is 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.
Claim 5 recites the limitation “the temperature” in lines 2-3. There is insufficient antecedent basis for this limitation in the claim because there is no “temperature” recited previously.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Ganahl Embodiment Figs.1A-5G (U.S. Pub. No. 2018/0333007 A1, previously cited) in view of Ganahl Embodiment Fig.12A (U.S. Pub. No. 2018/0333007 A1, previously cited), Alba-Rivera et al. (U.S. Patent No. 10,772,464 B1, previously cited) and further in view of Bedi et al. (U.S. Pub. No. 2016/0183730 A1, previously cited).
Regarding claim 1, Ganahl Embodiment Figs.1A-5G discloses a thermostatic cup structure (container 10, Ganahl Figs.1A-1B), comprising:
a cup body (body 20, Ganahl Figs.1A-1B);
a cup cover (lid 100, Ganahl Figs.1A-1B);
the cup body (body 20, Ganahl Figs.1A-1B) selectively attachable to the cup cover (lid 100, Ganahl Figs.1A-1B) (Ganahl Par.0087 discloses: “A lid 100 can be secured or removable connected to the open top 22A of the body 20”);
the cup body (body 20, Ganahl Figs.1A-1B) having a bottom (bottom end 20B, Ganahl Figs.1A-1B);
the cup body (body 20, Ganahl Figs.1A-1B) having a connecting recess (connecting recess, Ganahl annotated Fig.2D below; it is noted that the connecting recess is for the twist and lock connection type in order to removably attached the heating assembly 30 to the body 20, Ganahl Figs.1A-1B, 2D, 3A);
a heating module (heating assembly 30, Ganahl Figs.1A-1B);
the bottom (bottom end 20B, Ganahl Figs.1A-1B) having a connection (connecting member, Ganahl annotated Fig.3A below; it is noted that the connecting member is for coupled with the connecting recess for the twist and lock connection type in order to removably attached the heating assembly 30 to the body 20, Ganahl Figs.1A-1B, 2D, 3A) between the connecting recess (connecting recess, Ganahl annotated Fig.2D below; it is noted that the connecting recess is for the twist and lock connection type in order to removably attached the heating assembly 30 to the body 20, Ganahl Figs.1A-1B, 2D, 3A) and the heating module (heating assembly 30, Ganahl Figs.1A-1B) (when the body 20 is connected to the heating assembly 30, the connecting recess and the connecting member are coupled for the twist and lock connection type in order to removably attached the heating assembly 30 to the body 20, Ganahl Figs.1A-1B, 2D, 3A);
the cup body (body 20, Ganahl Figs.1A-1B) having an inside surface (inner wall 21A, Ganahl Fig.2C) and an outside surface (outer wall 21B, Ganahl Fig.2C);
the inside surface (inner wall 21A, Ganahl Fig.2C) having an insulation layer (Ganahl Par.0085 discloses: “the area between the inner wall 21A and outer wall 21B is vacuum sealed and/or includes an insulating material in order to reduce or restrict the dissipation of heat from the fluid or contents within the container 20 and through the body 20 or wall(s) 21A, 21B thereof.”; therefore, the inner wall 21A having an insulation layer that is in contact with the inner wall 21A);
the outside surface (outer wall 21B, Ganahl Fig.2C) having an insulation layer (Ganahl Par.0085 discloses: “the area between the inner wall 21A and outer wall 21B is vacuum sealed and/or includes an insulating material in order to reduce or restrict the dissipation of heat from the fluid or contents within the container 20 and through the body 20 or wall(s) 21A, 21B thereof.”; therefore, the outer wall 21B having an insulation layer that is in contact with the outer wall 21B);
the heating module (heating assembly 30, Ganahl Figs.1A-1B) selectively detachable from the cup body (body 20, Ganahl Figs.1A-1B) (Ganahl Par.0095 discloses: “the heating assembly 30 can be removably attached to the main body portion 20”);
a heater body (heater body, Ganahl annotated Fig.3A below);
the heater body (heater body, Ganahl annotated Fig.3A below) having an outer ring (outer ring, Ganahl annotated Fig.3A below);
the heater body (heater body, Ganahl annotated Fig.3A below) having an inner wall (inner wall of the heater body, Ganahl annotated Fig.3A below);
a first conductive column (electrical connection 34 & 34A, Ganahl Fig.3D) (it is noted that electrical connection 34 & 34A are conductive because they conduct electricity from the battery module 40 to the heating assembly 30, Ganahl Pars.0101-0102);
a base unit (battery module 40, Ganahl Figs.1A-1B) that can be selectively separated and connected from and to the heating module (heating assembly 30, Ganahl Figs.1A-1B) (Ganahl Par.0082 disclose: “As also shown in FIGS. 1A and 1B, one or more additional modules, generally referenced as 40, can be secured or selectively removable connected to container 10, such as, to the bottom of the heating assembly 30, for example, via a cooperatively constructed connection assembly, including, but in no way limited a twist and lock type of connection assembly.”);
the base unit (battery module 40, Ganahl Figs.1A-1B) configured to hold a battery (“one or more batteries”, Ganahl Par.0083) (Ganahl Par.0083 discloses: “The one or more modules 40, as shown in FIGS. 1A and 1B, can include a battery module, which includes one or more batteries (e.g. rechargeable lithium ion batteries, replaceable batteries, etc.) that function to provide power or electricity to the heating assembly 30.”);
a secondary conductive column (electrical connection 44 & 44A; Ganahl Fig.5D) (it is noted that electrical connection 44 & 44A are conductive columns because they conduct electricity from the battery module 40 to the heating assembly 30, Ganahl Pars.0101-0102);
the heating module (heating assembly 30, Ganahl Figs.1A-1B) connects to the base unit (battery module 40, Ganahl Figs.1A-1B) (Ganahl Par.0101 discloses: “the module 40 includes at least one electrical connection 44, 44A configured to receive or otherwise electrically connect with the electrical connection 34, 34A of the heating assembly 30”);
the cup body (body 20, Ganahl Figs.1A-1B) is fitted to the heating module (heating assembly 30, Ganahl Figs.1A-1B) (Ganahl Par.0081 discloses: “the heating assembly 30 connected or attached to the bottom end 20B”, it is noted that the bottom end 20B is the bottom end of the body 20, as shown in Ganahl Figs.1A-1B).
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Ganahl Embodiment Figs.1A-5G does not explicitly disclose:
the outer ring having a convex connecting surface;
the heater body having a connection hole;
the inner wall has at least one base buckle tab;
the at least one base buckle tab has a positioner feature;
a fixing plate connected to the heater body;
the fixing plate has a conductive plate;
a heat shield covering the fixing plate;
a heating plate covering a portion of the heat shield, and electrically connected with the conductive plate and the first conductive column;
a control circuit board having a control chip;
Ganahl Embodiment Fig.12A teaches a base unit (attachable battery base module 1200, Ganahl Fig.12A) comprising:
a control circuit board (“PCBA”, Ganahl Par.0123; it is noted that PCBA is Printed Circuit Board Assembly) (Ganahl Par.0123 teaches: “The attachable battery base module 1200 further includes at least one digital processor including for example a PCBA for battery safety control processor 1222.”) having and a control chip (“digital processor”, Ganahl Par.0123)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the Ganahl Embodiment Figs.1A-5G battery module 40 (see the Ganahl battery module 40 in Ganahl Figs.1A-1B) with the Ganahl Embodiment Fig.12A battery module 1200 (see the Ganahl battery module 1200 in Ganahl Fig.12A), because the substitution of one known element for another with no change in their respective functions, and the modification would yield a predictable result of providing the attachable battery base for powering the heating module in order to heat and/or boil liquid inside of the container. MPEP 2143 I (B).
Ganahl Embodiment Figs.1A-5G in view of Ganahl Embodiment Fig.12A teaches the apparatus as set forth above, but does not teach:
the outer ring having a convex connecting surface;
the heater body having a connection hole;
the inner wall has at least one base buckle tab;
the at least one base buckle tab has a positioner feature;
a fixing plate connected to the heater body;
the fixing plate has a conductive plate;
a heat shield covering the fixing plate;
a heating plate covering a portion of the heat shield, and electrically connected with the conductive plate and the first conductive column;
Alba-Rivera teaches a thermostatic cup structure (Alba-Rivera Fig.1), comprising:
the heating module (heating module as shown in Alba-Rivera Fig.5) selectively detachable from the cup body (container C, Alba-Rivera Fig.1) (Alba-Rivera Claim 16 teaches: “electric heating apparatus will removably fasten underneath a multitude of beverage containers having a range of bottom rim sizes”);
a heater body (housing 23, Alba-Rivera Fig.5);
the heater body (housing 23, Alba-Rivera Fig.5) having an outer ring (outer ring, Alba-Rivera annotated Fig.5 below);
the outer ring (outer ring, Alba-Rivera annotated Fig.5 below) having a convex connecting surface (outer cylindrical surface is convex surface, Alba-Rivera annotated Fig.5 below shows the outer ring having a convex connecting surface, this also taught by Alba-Rivera in Claim 18: “a housing having an outer cylindrical surface with an upper portion having a perimeter concentric thereto and smaller than a perimeter of a lower portion with a convex downward curving profile configured to mount underneath said beverage container and accommodate a dimensional range of said beverage container”);
the heater body (housing 23, Alba-Rivera Fig.5) having a connection hole (connection hole, Alba-Rivera annotated Fig.5 below; it is noted that the connection hole is the through hole in the housing 23 (i.e., space within the housing 23); it is further noted that the Instant Application defines the connection hole is the through hole/space inside of the heater body in Par.0029 of the Instant Application, see the connection hole 212 in Fig.3 of the Instant Application; therefore, the prior art Alba-Rivera connection hole and the Instant Application connection hole are equivalent);
the heater body (housing 23, Alba-Rivera Fig.5) having an inner wall (inner wall of the housing 23, Alba-Rivera annotated Fig.5 below);
the inner wall (inner wall of the housing 23, Alba-Rivera annotated Fig.5 below) has at least one base buckle tab (base buckle tab, Alba-Rivera annotated Fig.5 below);
the at least one base buckle tab (base buckle tab, Alba-Rivera annotated Fig.5 below) has a positioner feature (positioner feature comprises shelf 33, Alba-Rivera Fig.5) (shelf 33 is positioner feature because Alba-Rivera Col.5 line 55 teaches the PCBA 25 is attached to shelf 33);
a fixing plate (PCBA 25 has shape of plate, Alba-Rivera Fig.5) connected to the heater body (housing 23, Alba-Rivera Fig.5) (Rivera Col.5 lines 53-56 teaches the plate 25 is attached to shelf 33 of the housing 23);
the fixing plate (plate 25, Alba-Rivera Fig.5) has a conductive element instead of a conductive plate as required by the claim (the plate 25 has heating element 31, Alba-Rivera Fig.5) (it is noted that the heating element 31 is conductive element because Alba-Rivera Col.5 lines 43-48 teaches: “When switch 41 is in the ON position, electric current flows through heating element 31, thereby energizing the element and generating heat. Heat generated by element 31 transfers through film 29 through plate 22 through bottom wall 59 to consumable liquid 61 held in container “C” (FIG. 1)”);
a heat shield (thermal film 29, Alba-Rivera Fig.5) (it is noted that the thermal film 29 is heat shield because Alba-Rivera Col.5 lines 36-37 teaches: “Thermal film 29 is concentric to and electrically insulates plate 22 from heating element 31 and a PCBA controller 25.”) covering the fixing plate (plate 25, Alba-Rivera Fig.5);
the heating plate (heating plate 22, Alba-Rivera Fig.5) (Alba-Rivera Abstract teaches: “heating plate ( 22 )”) covering a portion of the heat shield (thermal film 29, Alba-Rivera Fig.5), and electrically connected with the conductive element (heating element 31, Alba-Rivera Fig.5) (Alba-Rivera Col.5 lines 38-39 teaches the thermal film 29 conducts heat from the heating element 31 to the heating plate 22, specifically, Alba-Rivera Col.5 lines 38-39 teaches: “The film also suitably conducts heat from heating element 31 to plate 22.”; therefore, the heating plate 22 is electrically connected with the heating element 31 because there is electric current flow between them) and the first conductive column (Ganahl electrical connections 34 & 34A in Ganahl Fig.3D, as cited above) (it is noted that in combination, by substituting the Ganahl heating assembly (see the Ganahl heating assembly 30 in Ganahl Fig.3A) with the Alba-Rivera heating assembly (see the Alba-Rivera heating assembly in Alba-Rivera Fig.5) [it is noted that only the heater housing and heating elements located in the heater housing are substituted, the Ganahl connecting assembly 38 (see Ganahl Fig.3A) will not be substitute because the connection assembly 38 is structured to facilitate selective interconnection between the heating assembly 30 and the power source module 40], the Alba-Rivera heating plate 22 would be electrically connected with the Ganahl electrical connection 34 in order to provide electricity from the battery to heater element and to the heating plate)
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the Ganahl heating assembly (see the Ganahl heating assembly 30 in Ganahl Fig.3A) with the Alba-Rivera heating assembly (see the Alba-Rivera heating assembly in Alba-Rivera Fig.5), because the substitution of one known element for another with no change in their respective functions, and the modification would yield a predictable result of providing a heating assembly to removably coupled to the container in order to heat the beverage in the container. MPEP 2143 I (B).
Ganahl Embodiment Figs.1A-5G in view of Ganahl Embodiment Fig.12A and Alba-Rivera teaches the apparatus as set forth above, but does not teach:
the conductive element is a plate
Bedi teaches a thermostatic cup structure (portable beverage warmer 201, Bedi Fig.2), comprising:
a conductive plate (conductive plate 213, Bedi Fig.2) (213 is conductive plate because 213 is a heater)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the Ganahl Embodiment Figs.1A-5G in view of Ganahl Embodiment Fig.12A and Alba-Rivera heating element (see the Alba-Rivera heating element 31 in Alba-Rivera Fig.5) with the Bedi heating element (see the Bedi heater 213 in Bedi Fig.2), because the substitution of one known element for another with no change in their respective functions, and the modification would yield a predictable result of providing heater to heat the beverage in the container. MPEP 2143 I (B).
Regarding claim 16, Ganahl Embodiment Figs.1A-5G discloses a thermostatic cup structure (container 10, Ganahl Figs.1A-1B), comprising:
a heating module (heating assembly 30, Ganahl Figs.1A-1B);
a base unit (battery module 40, Ganahl Figs.1A-1B);
a cup body (body 20, Ganahl Figs.1A-1B);
a secondary conductive column (electrical connection 44 & 44A; Ganahl Fig.5D) (it is noted that electrical connection 44 & 44A are conductive columns because they conduct electricity from the battery module 40 to the heating assembly 30, Ganahl Pars.0101-0102);
a heater body (heater body, Ganahl annotated Fig.3A below);
a first conductive column (electrical connection 34 & 34A, Ganahl Fig.3D) (it is noted that electrical connection 34 & 34A are conductive because they conduct electricity from the battery module 40 to the heating assembly 30, Ganahl Pars.0101-0102).
the base unit (battery module 40, Ganahl Figs.1A-1B & Fig.5D) is selectively attachable to the heating module (heating assembly 30, Ganahl Figs.1A-1B & Fig.3B) (Ganahl Par.0082 disclose: “As also shown in FIGS. 1A and 1B, one or more additional modules, generally referenced as 40, can be secured or selectively removable connected to container 10, such as, to the bottom of the heating assembly 30, for example, via a cooperatively constructed connection assembly, including, but in no way limited a twist and lock type of connection assembly.”);
a connecting column (connecting column, Ganahl annotated Fig.5D below) of the base unit (battery module 40, Ganahl Figs.1A-1B & Fig.5D) passes through a connection hole (connection hole, Ganahl annotated Fig.3D below) of the heating module (heating assembly 30, Ganahl Figs.1A-1B & Fig.3D) when the base unit (battery module 40, Ganahl Figs.1A-1B & Fig.5D) is attached to the heating module (heating assembly 30, Ganahl Figs.1A-1B & Fig.3D) (see attachment of the heating assembly 30 and the battery module 40 in Ganahl Figs.1A-1B, additionally, Ganahl Par.0101 discloses: “the module 40 includes at least one electrical connection 44, 44A configured to receive or otherwise electrically connect with the electrical connection 34, 34A of the heating assembly 30 … Upon doing so, the electrical connections 34, 34A and 44, 44A of the heating assembly 30 and module 40, respectively, will electrically interconnect with one another thereby allowing the power or electricity from the module 40 to flow or transfer to the heating assembly 30.”, and Ganahl Par.0102 discloses: “Also, this design allows the heating assembly 30 and/or module 40 to spin, twist or rotate (for example partially or 360 degrees) relative to one another without the electrical contacts being disconnected.”);
a rotation of either the heating module (heating assembly 30, Ganahl Figs.1A-1B & Fig.3B) or base unit (battery module 40, Ganahl Figs.1A-1B & Fig.5D) enables a base buckle tab (flanges 48B, Ganahl Fig.5D) of the base unit (battery module 40, Ganahl Figs.1A-1B & Fig.5D) to interface with a buckle tab (protrusions or ledges 38A & grooves 38B, Ganahl Fig.3B) of the heating module (heating assembly 30, Ganahl Figs.1A-1B & Fig.3B) (rotation of the heating assembly 30 or the battery module 40 enables the flanges 48B of the battery module 40 to interface with the protrusions or ledges 38A and grooves 38B of the heating assembly 30 because Ganahl Par.0097 discloses: “the heating assembly 30 and/or module 40, 50 60 to twist or rotate relative to one another without the electrical connections being dislodged or losing contact”, Ganahl Par.0100 discloses: “the one or more flanges 48B will engage or connect with the heating assembly 30, for example, upon twisting the connection assembly 38 relative to the module 40”, and Ganahl Par.0101 discloses: “the one or more flanges 48 may slide within one or more grooves 38B and/or engage one or protrusions or ledges 38A of the connection assembly 38.”) to provide vertical orientation (vertical orientation of the battery module 40 and the heating assembly 30 is shown in Ganahl Figs.1A-1B) of the base unit (battery module 40, Ganahl Figs.1A-1B & Fig.5D) and the heating module (heating assembly 30, Ganahl Figs.1A-1B & Fig.3B);
a base convex positioner (base convex positioner, Ganahl annotated Fig.5D below) of the base unit (battery module 40, Ganahl Figs.1A-1B & Fig.5D) engages a buckle concave receiver (buckle concave receiver, Ganahl annotated Fig.3A below) of the heating module (heating assembly 30, Ganahl Figs.1A-1B & Fig.3A) to radially locate the base unit (battery module 40, Ganahl Figs.1A-1B & Fig.5D) and the heating module (heating assembly 30, Ganahl Figs.1A-1B & Fig.3A) and provide a fixed stop position (fixed stop position as shown in Ganahl Figs.1A-1B) and prevent accidental disassembly of the heating module (heating assembly 30, Ganahl Figs.1A-1B & Fig.3A) and the base unit (battery module 40, Ganahl Figs.1A-1B & Fig.5D) (Ganahl Figs.1A-1B shows a fixed stop position to prevent accidental disassembly of the heating assembly 30 and the battery module 40 because Ganahl Par.0082 discloses: “As also shown in FIGS. 1A and 1B, one or more additional modules, generally referenced as 40, can be secured or selectively removable connected to container 10, such as, to the bottom of the heating assembly 30, for example, via a cooperatively constructed connection assembly, including, but in no way limited a twist and lock type of connection assembly.”).
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Ganahl Embodiment Figs.1A-5G does not explicitly disclose:
a control circuit board having a control chip;
a fixing plate connected to a heater body;
the fixing plate has a conductive plate;
a heat shield covering the fixing plate;
a heating plate covering a portion of the heat shield, and electrically connected with the conductive plate and the first conductive column.
Ganahl Embodiment Fig.12A teaches a base unit (attachable battery base module 1200, Ganahl Fig.12A) comprising:
a control circuit board (“PCBA”, Ganahl Par.0123; it is noted that PCBA is Printed Circuit Board Assembly) (Ganahl Par.0123 teaches: “The attachable battery base module 1200 further includes at least one digital processor including for example a PCBA for battery safety control processor 1222.”) having and a control chip (“digital processor”, Ganahl Par.0123)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the Ganahl Embodiment Figs.1A-5G control circuit of the battery module 40 (see the Ganahl battery module 40 in Ganahl Figs.1A-1B) with the Ganahl Embodiment Fig.12A control circuit of the battery module 1200 (see the Ganahl battery module 1200 in Ganahl Fig.12A), because the substitution of one known element for another with no change in their respective functions, and the modification would yield a predictable result of providing the attachable battery base for powering the heating module in order to heat and/or boil liquid inside of the container. MPEP 2143 I (B).
Ganahl Embodiment Figs.1A-5G in view of Ganahl Embodiment Fig.12A teaches the apparatus as set forth above, but does not teach:
a fixing plate connected to a heater body;
the fixing plate has a conductive plate;
a heat shield covering the fixing plate;
a heating plate covering a portion of the heat shield, and electrically connected with the conductive plate and the first conductive column.
Alba-Rivera teaches a thermostatic cup structure (Alba-Rivera Fig.1), comprising:
a fixing plate (PCBA 25 has shape of plate, Alba-Rivera Fig.5) connected to a heater body (housing 23, Alba-Rivera Fig.5) (Rivera Col.5 lines 53-56 teaches the plate 25 is attached to shelf 33 of the housing 23);
the fixing plate (plate 25, Alba-Rivera Fig.5) has a conductive element instead of a conductive plate as required by the claim (the plate 25 has heating element 31, Alba-Rivera Fig.5) (it is noted that the heating element 31 is conductive element because Alba-Rivera Col.5 lines 43-48 teaches: “When switch 41 is in the ON position, electric current flows through heating element 31, thereby energizing the element and generating heat. Heat generated by element 31 transfers through film 29 through plate 22 through bottom wall 59 to consumable liquid 61 held in container “C” (FIG. 1)”);
a heat shield (thermal film 29, Alba-Rivera Fig.5) (it is noted that the thermal film 29 is heat shield because Alba-Rivera Col.5 lines 36-37 teaches: “Thermal film 29 is concentric to and electrically insulates plate 22 from heating element 31 and a PCBA controller 25.”) covering the fixing plate (plate 25, Alba-Rivera Fig.5);
a heating plate (heating plate 22, Alba-Rivera Fig.5) (Alba-Rivera Abstract teaches: “heating plate ( 22 )”) covering a portion of the heat shield (thermal film 29, Alba-Rivera Fig.5), and electrically connected with the conductive element (heating element 31, Alba-Rivera Fig.5) (Alba-Rivera Col.5 lines 38-39 teaches the thermal film 29 conducts heat from the heating element 31 to the heating plate 22, specifically, Alba-Rivera Col.5 lines 38-39 teaches: “The film also suitably conducts heat from heating element 31 to plate 22.”; therefore, the heating plate 22 is electrically connected with the heating element 31 because there is electric current flow between them) and the first conductive column (Ganahl electrical connection 34 in Ganahl Fig.3D, as cited above) (it is noted that in combination, by substituting the Ganahl heating assembly (see the Ganahl heating assembly 30 in Ganahl Fig.3A) with the Alba-Rivera heating assembly (see the Alba-Rivera heating assembly in Alba-Rivera Fig.5) [it is noted that only the heater housing and heating elements located in the heater housing are substituted, the Ganahl connecting assembly 38 (see Ganahl Fig.3A) will not be substitute because the connection assembly 38 is structured to facilitate selective interconnection between the heating assembly 30 and the power source module 40], the Alba-Rivera heating plate 22 would be electrically connected with the Ganahl electrical connection 34 in order to provide electricity from the battery to heater element and to the heating plate)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the Ganahl heating assembly (see the Ganahl heating assembly 30 in Ganahl Fig.3A) with the Alba-Rivera heating assembly (see the Alba-Rivera heating assembly in Alba-Rivera Fig.5), because the substitution of one known element for another with no change in their respective functions, and the modification would yield a predictable result of providing a heating assembly to removably coupled to the container in order to heat the beverage in the container. MPEP 2143 I (B).
Ganahl Embodiment Figs.1A-5G in view of Ganahl Embodiment Fig.12A and Alba-Rivera teaches the apparatus as set forth above, but does not teach:
the conductive element is a plate
Bedi teaches a thermostatic cup structure (portable beverage warmer 201, Bedi Fig.2), comprising:
a conductive plate (conductive plate 213, Bedi Fig.2) (213 is conductive plate because 213 is a heater)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the Ganahl Embodiment Figs.1A-5G in view of Ganahl Embodiment Fig.12A and Alba-Rivera heating element (see the Alba-Rivera heating element 31 in Alba-Rivera Fig.5) with the Bedi heating element (see the Bedi heater 213 in Bedi Fig.2), because the substitution of one known element for another with no change in their respective functions, and the modification would yield a predictable result of providing heater to heat the beverage in the container. MPEP 2143 I (B).
Regarding claim 17, Ganahl Embodiment Figs.1A-5G in view of Ganahl Embodiment Fig.12A, Alba-Rivera and Bedi teaches the apparatus as set forth in claim 16, Ganahl Embodiment Figs.1A-5G also discloses wherein:
the cup body (body 20, Ganahl Figs.1A-1B) is selectively attachable to the heating module (heating assembly 30, Ganahl Figs.1A-1B) (Ganahl Par.0095 discloses: “the heating assembly 30 can be removably attached to the main body portion 20”).
Regarding claim 18, Ganahl Embodiment Figs.1A-5G in view of Ganahl Embodiment Fig.12A, Alba-Rivera and Bedi teaches the apparatus as set forth in claim 17, Ganahl Embodiment Figs.1A-5G also discloses wherein:
the heating module (heating assembly 30, Ganahl Figs.1A-1B) comprises the heater body (heater body, Ganahl annotated Fig.3A below);
the heater body (heater body, Ganahl annotated Fig.3A below) has a connecting member (connecting member, Ganahl annotated Fig.3A below; it is noted that the connecting member is for the twist and lock connection type in order to removably attached the heating assembly 30 to the body 20, Ganahl Figs.1A-1B, 2D, 3A).
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Regarding claim 19, Ganahl Embodiment Figs.1A-5G in view of Ganahl Embodiment Fig.12A, Alba-Rivera and Bedi teaches the apparatus as set forth in claim 18, Ganahl Embodiment Figs.1A-5G also discloses wherein:
the cup body (body 20, Ganahl Figs.1A-1B) has a connecting recess (connecting recess, Ganahl annotated Fig.2D below; it is noted that the connecting recess is for the twist and lock connection type in order to removably attached the heating assembly 30 to the body 20, Ganahl Figs.1A-1B, 2D, 3A);
the connecting member (connecting member, Ganahl annotated Fig.3A below) at least partially housed in the connecting recess (connecting recess, Ganahl annotated Fig.2D below) with the cup body (body 20, Ganahl Figs.1A-1B) is on the heating module (heating assembly 30, Ganahl Figs.1A-1B) (when the body 20 is connected to the heating assembly 30, the connecting member at least partially housed in the connecting recess because the connecting recess and the connecting member are for the twist and lock connection type in order to removably attached the heating assembly 30 to the body 20, Ganahl Figs.1A-1B, 2D, 3A).
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Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ganahl Embodiment Figs.1A-5G (U.S. Pub. No. 2018/0333007 A1, previously cited) in view of Ganahl Embodiment Fig.12A (U.S. Pub. No. 2018/0333007 A1, previously cited), Alba-Rivera et al. (U.S. Patent No. 10,772,464 B1, previously cited), Bedi et al. (U.S. Pub. No. 2016/0183730 A1, previously cited), and further in view of Lin (U.S. Patent No. 9,801,492 B1, previously cited).
Regarding claim 2, Ganahl Embodiment Figs.1A-5G in view of Ganahl Embodiment Fig.12A, Alba-Rivera and Bedi teaches the apparatus as set forth in claim 1, but does not teach further comprising:
a tea strainer;
the tea strainer insertable into the cup body.
Lin teaches a thermostatic cup structure (container as shown in Lin Fig.9), comprising:
a tea strainer (removable attachment 64 having infuser 66, Lin Fig.9) (Lin Col.4 lines 36-55 teaches: “The second embodiment of the invention, shown in FIGS. 7-9, utilizes an infuser 66 for the at least one removable attachment 64 which consists of a tapered cylindrical open top cup 68 having an enclosed bottom 70, a plurality of sidewall openings 72 and a plurality of screens 74 covering the sidewall openings 72, as illustrated in FIGS. 8 and 9. The open top cup 68 includes a plurality of opposed bayonet snap-in slots 96 for mating with the plurality of opposed tapered bayonet lug stud 62 permitting attachment there between. The cup height is essentially the same as the mean diameter of the cup permitting sufficient volume displacement to receive a beverage media, which may include individual tea l