DETAILED ACTION
This action is responsive to the amendment filed 2/5/26.
Claims 1-7, 9-10, 14-15, 45-53, 55-62 are finally rejected.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 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) 1-7, 10, 14-15, 45, 49-53 and 56-62 is/are rejected under 35 U.S.C. 103 as being unpatentable over Youngblood et al. (US 20180000255, “Youngblood”) in view of Schiff et al. (US 20050065584, “Schiff”).
Regarding claim 1, Youngblood teaches a system for regulating a temperature of an article of furniture (Abstract, ‘The present invention provides systems, methods, and articles for temperature conditioning a surface.’), the system comprising: a reservoir configured to contain a fluid (Fig. 3, fluid reservoir 22); a portion of the article of furniture in fluid communication with the reservoir (Fig. 3, mattress pad 11 in fluid communication with fluid reservoir 22 via in-housing tubes 28 and supply/return lines 16/17), wherein the portion of the article of furniture is configured to hold a portion of the fluid (Par. 78, ‘The mattress pad 11 has two independent thermally regulated surface zones “A” and “B”, each containing internal flexible (e.g., silicon) tubing 14 designed for circulating heated or cooled fluid within a hydraulic circuit between the control unit 10 and the mattress pad 11.’); a temperature regulator in fluid communication with the portion of the article of furniture and the reservoir via a flow path (Fig. 3, heat tube 82 is in fluid communication with temperature-regulated pad 11 and fluid reservoir 22 via in-housing tubes 28 and supply/return lines 16/17), wherein the temperature regulator is configured to modulate a temperature of the portion of the fluid when the portion of the fluid is outside of the reservoir (Fig. 3 and par. 83, ‘The exemplary heat tube 82 may heat fluid moving in the hydraulic circuit to a desired temperature of as warm as 47.78° C. (118° F.).’); and a flow controller (Fig. 3, pump 81) disposed along the flow path of the portion of the fluid between the reservoir and the temperature regulator (Fig. 3, the flow path between reservoir 22 and heat tube 82 includes pump 81), wherein the flow controller is configured to (i) direct the portion of the fluid along a direction away from the reservoir and towards the temperature regulator and the article of furniture (Fig. 3, pump 81 is configured to direct fluid out of reservoir 22 towards heat tube 82 and temperature-regulated pad 11), and (ii) direct the portion of the fluid in a direction from the article of furniture and back into the reservoir (Fig. 3, pump 81 in turn directs fluid from temperature-regulated pad back to reservoir 22); an enclosure housing the reservoir and the flow controller (Fig. 3, housing 21 houses reservoir 22 and pump 81); and at least one processor operatively coupled to the temperature regulator, wherein the at least one processor is programmed to control the temperature regulator to modulate the temperature of the fluid, thereby regulating the temperature of the portion of the article of furniture (Par. 94, ‘In one embodiment, the mattress pad includes temperature probes in each zone that provide temperature data for that zone to the at least one processor, which compares a target temperature set using the at least one device to an actual measured temperature to determine whether to heat or cool the fluid’).
Youngblood fails to teach wherein the temperature regulator is configured to cool the portion of the fluid.
Schiff teaches an analogous device for regulating the temperature of a fluid circulating through a thermotherapeutic device (Abstract) comprising: a reservoir configured to contain a fluid (Fig. 4, reservoir 130); a portion of the thermotherapeutic device (Fig. 4, thermal application device 110) in fluid communication with the reservoir (Par. 55, ‘The fluid circulation path 104 includes a fluid reservoir 130, an extension tubing set 106, a thermal exchanger element 108, a thermal application device 110 (referred to herein as the "pad") for contact with the tissue to be treated, valves 416, 418 and 420, pressure sensors 422, 424 and 426 and temperature sensors 142 and 144.’), wherein the portion of the thermotherapeutic device is configured to hold a portion of the fluid (Fig. 4 and par. 39, ‘As the thermally conductive fluid (e.g., saline) is pumped through the thermal exchanger portion 108 of the circulation path 104, the fluid chiller 116 chills or warms the saline before it is pumped through the pad 110.’); a temperature regulator (Fig. 4 and par. 39, ‘the fluid chiller 116 chills or warms the saline before it is pumped through the pad 110’) in fluid communication with the portion of thermotherapeutic device and the reservoir via a flow path (Fig. 4, fluid chiller 116 is in fluid communication with both pad 110 and reservoir 130 through tubing set 106), wherein the temperature regulator is configured to modulate a temperature of the portion of the fluid when the portion of the fluid is outside of the reservoir (Fig. 4, fluid chiller 116 cools or heats fluid flowing through thermal exchanger element 108 which is outside of reservoir 130), wherein the temperature regulator is configured to cool the portion of the fluid (Par. 31, ‘The fluid circulation path 104 includes a thermal exchanger element 108 to cool or heat the thermally conductive fluid in the circulation path 104. The thermal exchanger element 108 contacts or engages a fluid chiller 116 in the pump/controller unit 102 in such manner as to allow the transfer of heat or cold from the thermal exchanger element 108 to the fluid chiller 116.’); and a flow controller disposed along the flow path of the portion of the fluid between the reservoir and the temperature regulator (Fig. 4, pump 112 and valve 418 located between reservoir 130 and heat exchanger 108 along a fluid path ), wherein the flow controller is configured to (i) direct the portion of the fluid along a direction away from the reservoir and towards the temperature regulator and the thermotherapeutic device (Fig. 4 and par. 39, ‘As the thermally conductive fluid (e.g., saline) is pumped through the thermal exchanger portion 108 of the circulation path 104, the fluid chiller 116 chills or warms the saline before it is pumped through the pad 110.’; par. 51, ‘"PRIME"--turns the pump on in the forward direction, the fluid chiller 116 remains off. This mode is used during system set-up to fill the circulation path 102 and de-air the circulation path, including the pad 110.’), and (ii) direct the portion of the fluid in a direction from the thermotherapeutic device and back into the reservoir (Par. 56, ‘Depending on the state of each valve 416, 418 and 420 (e.g., open or closed), the thermally conductive fluid can be routed to the fluid reservoir 130 (open loop) or directly to the pump 112 (closed loop).’); an enclosure housing the flow controller (Par. 33, ‘The pump/controller unit 102 may be placed in a housing for portable distribution’); and at least one processor operatively coupled to the temperature regulator (Par. 40, ‘The fluid chiller controller 118 may be configured to control the operations of the fluid chiller 116. The fluid chiller controller 118 may comprise a microprocessor’; fig. 4, controller 414), wherein the at least one processor is programmed to control the temperature regulator to modulate the temperature of the fluid, thereby regulating the temperature of the portion of the thermotherapeutic device (Par. 33, ‘The pump/controller unit 102 controls the flow and temperature of the thermally conductive fluid circulating through the circulation path 106.’).
Schiff further teaches that the ability to perform a closed-loop configuration which avoids the reservoir improves thermal efficiency of the system and also facilitates leak detection (Par. 59, ‘In operation, the open loop configuration is typically used during an initial system-priming mode, while the closed loop configuration is typically used to improve the thermal efficiency of the system or for leak detection when in a cooling/heating mode.’).
Therefore, in view of Schiff, it would have been obvious to POSITA at the time that the invention was filed to configure the device for both an open-looped configuration which comprises the reservoir and a close-looped configuration which bypasses the reservoir in order improve thermal efficiency and facilitate leak detection, as taught by Schiff.
Further, in view of Schiff, it would have been obvious to POSITA to further modify Youngblood, as modified, by substituting the inline heat-exchanger of Schiff which is configured to both heat and cool the circulation fluid (See Schiff, par. 31) for the reservoir cooling-modules/ linear heat tube combination natively disclosed by Youngblood in order to configure the device to both heat and cool the fluid while operating in the ‘close-looped’ circulation configuration. POSITA would have considered this a necessary modification to retain the functionality of the device to cool the circulation fluid upon adopting the close-looped circulation path of Schiff.
Regarding claim 2, Youngblood, as modified, further teaches wherein the article of furniture comprises a bed (Par. 103).
Regarding claim 3, Youngblood, as modified, further teaches wherein the bed comprises one or more of a mattress, a mattress pad, or a blanket (Par. 103 and fig. 1, mattress pad 11).
Regarding claim 4, Youngblood, as modified, further teaches wherein the fluid is a liquid (Par. 86, ‘In a preferred embodiment, the fluid is water.’).
Regarding claims 5, Youngblood, as modified, further teaches wherein the temperature regulator is not part of the reservoir (Youngblood has previously been modified to utilize the inline heat-exchanger configuration disclosed by Schiff; see Schiff, fig. 4, thermal exchanger element 108 is located outside of fluid reservoir 130).
Regarding claim 6, Youngblood, as modified, further teaches wherein the temperature regulator comprises a channel configured to hold the portion of the fluid and/or permit flow of the portion of the fluid (Youngblood has previously been modified to utilize the inline heat-exchanger configuration disclosed by Schiff; see Schiff, fig. 4, thermal exchanger element 108).
Regarding claim 7, Youngblood, as modified, further teaches wherein the temperature regulator comprises a thermoelectric temperature regulator configured to modulate the temperature of the portion of the fluid (Youngblood has previously been modified to utilize the inline heat-exchanger configuration disclosed by Schiff; see Schiff, par. 39, ‘The fluid chiller 116 is preferably a solid-state thermoelectric cold plate cooler (TEC) that operates on the Peltier Effect as is known in the art.’).
Regarding claim 10, Youngblood further teaches wherein the flow controller comprises a pump (Fig. 3, pump 81; see Schiff, fig. 4, pump 112).
Regarding claim 14, Youngblood, as modified, further teaches wherein the flow controller comprises a valve (Youngblood has previously been modified to comprises fluid control valves; see Schiff, fig. 4, valves 418, 416 and 420).
Regarding claim 15, Youngblood further teaches wherein the portion of the article of furniture comprises a channel configured to hold the portion of the fluid and/or permit flow of the portion of the fluid, wherein the channel comprises a plurality of interconnected channels configured to hold the portion of the fluid and/or permit flow of the portion of the fluid (Par. 96 and fig. 6a, illustrating an mattress embodiment which has a conduit assembly which comprise a plurality of interconnected fluid conduits).
Regarding claim 45, Youngblood, as modified, further teaches wherein the enclosure further houses the temperature regulator (Youngblood has previously been modified to substitute the inline heater/cooler of Schiff for the reservoir cooling-modules/ linear heat tube combination natively disclosed by Youngblood. Further, considering that Youngblood natively teaches an enclosure for housing the different essential components of the device including the different heat-exchange components, it follows that POSITA would have been led to likewise house the substituted inline heater/cooler device of Schiff within the enclosure.).
Regarding claim 49, Youngblood, as modified, further teaches a temperature sensor operatively coupled to the temperature regulator, wherein the temperature sensor is configured to detect a temperature of the portion of the fluid (Par. 96, “Temperature probes 508 in each zone provide actual measured temperature data for that zone to the control unit 10. The control unit 10 compares the target temperature set using the wireless remote control 507 and the actual measured temperature to determine whether to heat or cool the fluid and determine to which conduit or circuits the heated or cooled fluid should be distributed in order to make the actual temperature match the target temperature.”).
Regarding claim 50, Youngblood, as modified, further teaches an additional portion of the article of furniture configured to hold an additional fluid (Fig. 1 and par. 78, “The mattress pad 11 has two independent thermally regulated surface zones “A” and “B”, each containing internal flexible (e.g., silicon) tubing 14 designed for circulating heated or cooled fluid within a hydraulic circuit between the control unit 10 and the mattress pad 11.”); and an additional temperature regulator in fluid communication with the additional portion of the article of furniture via an additional flow path (Fig. 1 and par. 78, “As shown, a pair of identical control units 10, 10′ attach through flexible conduit to a temperature-conditioned article, such as mattress pad 11.”; further each control unit 10, 10’ has previously been modified to comprise to utilize the inline heat-exchanger configuration disclosed by Schiff; see Schiff, fig. 4, thermal exchanger element 108), wherein the additional temperature regulator is configured to modulate a temperature of the additional fluid directed along the additional flow path (See Schiff, par. 31, “The fluid circulation path 104 includes a thermal exchanger element 108 to cool or heat the thermally conductive fluid in the circulation path 104”), wherein the at least one processor is operatively coupled to the additional temperature regulator and programmed to control the additional temperature regulator to modulate the temperature of the additional fluid, thereby regulating an additional temperature of the additional portion of the article of furniture (Par. 94, “In one embodiment, the mattress pad includes temperature probes in each zone that provide temperature data for that zone to the at least one processor, which compares a target temperature set using the at least one device to an actual measured temperature to determine whether to heat or cool the fluid and determine where to distribute the heated or cooled fluid in order to make the actual temperature match the target temperature”).
Regarding claim 51, Youngblood, as modified, further teaches wherein the regulating of the temperature of the portion of the article of furniture is independent from the regulating of the additional temperature of the additional portion of the article of furniture (Fig. 1 and par. 78, “The mattress pad 11 has two independent thermally regulated surface zones “A” and “B”, each containing internal flexible (e.g., silicon) tubing 14 designed for circulating heated or cooled fluid within a hydraulic circuit between the control unit 10 and the mattress pad 11.”).
Regarding claim 52, Youngblood, as modified, further teaches an additional flow controller disposed along the additional flow path (Fig. 1, control unit 10’ has a pump 81, as shown in fig. 3), wherein the additional flow controller is configured to direct the additional fluid to flow along the additional flow path (Fig. 3 and par. 83, “A pump 81 is operatively connected to the reservoir 22 and functions to circulate the fluid through the control unit 10 in a circuit including the in-housing tubes 28 (and joints), flexible fluid supply line 16, silicone pad tubes 14, fluid return line 17, and back into the reservoir 22 through fluid return 25.”).
Regarding claim 53, Youngblood, as modified, teaches a separate enclosure for housing the additional temperature regulator, the additional flow controller, or both (Fig. 1, enclosures of control units 10/10’ as shown by housing 21 in fig. 3), but fails to teach wherein the enclosure houses the additional temperature regulator, the additional flow controller, or both.
The examiner maintains, however, that it would have been obvious to POSITA to further modify Youngblood, as modified, by integrating control units 10/10’ into a single integral housing, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893).
Regarding claim 56, Youngblood, as modified, further teaches wherein the reservoir is not configured to regulate a temperature of the fluid contained in the reservoir (Youngblood has previously been modified to substitute the inline heater/cooler of Schiff for the reservoir cooling-modules/ linear heat tube combination natively disclosed by Youngblood; therefore, Youngblood, as modified, would not comprise the natively disclosed reservoir cooler)
Regarding claim 57, Youngblood, as modified, further teaches wherein the at least one processor is programmed to control the temperature regulator based at least in part on a temperature profile associated with a user (Par. 102, ‘The at least one remote device preferably has a mobile application that allows for the control unit 10 to vary the temperature of the mattress pad 11 according to a schedule of target temperatures selected to correlate with sleep cycles of the user. Such an arrangement promotes deeper, more restful sleep by altering body temperature at critical points.’).
Regarding claim 58, Youngblood, as modified, further teaches wherein the temperature profile is a preset temperature profile (Par. 102, ‘The at least one remote device preferably has a mobile application that allows for the control unit 10 to vary the temperature of the mattress pad 11 according to a schedule of target temperatures selected to correlate with sleep cycles of the user. Such an arrangement promotes deeper, more restful sleep by altering body temperature at critical points.’).
Regarding claim 59, Youngblood, as modified, further teaches wherein the temperature profile is based at least in part on a detected biological signal of the user (Par. 180, ‘The virtual model includes information from the body sensors 702 and the environmental sensors 704. Based on the data from the body sensors 702 and the environmental sensors 704, the virtual model generates predicted values for the sleep system 700. A sleep stage (e.g., awake, Stage N1, Stage N2, Stage N3, REM sleep) for the user is determined from the data from the body sensors 702.’; par. 188, ‘Because the target temperatures may be set at any time, those target temperatures may be manipulated through the sleeping period in order to match user preferences or a program to correlate with user sleep cycles to produce a deeper, more restful sleep.’).
Regarding claim 60, Youngblood, as modified, further teaches a sensor configured to detect the biological signal of the user (Par. 148, “The body sensors 702 include a respiration sensor 712, an electrooculography sensor 713, a heart rate sensor 714, a movement sensor 716, an electromyography sensor 717, a brain wave sensor 718, a body temperature sensor 720, an analyte sensor 721, a pulse oximeter sensor 722, a blood pressure sensor 723, and/or an electrodermal activity sensor 724.”).
Regarding claim 61, Youngblood, as modified, further teaches wherein the sensor is part of the article of furniture or a wearable device (Pars. 148-159, e.g. par.151, ‘The heart rate sensor 714 is preferably incorporated into a wearable device (e.g., Fitbit, Jawbone). Alternatively, the heart rate sensor 714 is attached to the user with a chest strap. In another embodiment, the heart rate sensor 714 is incorporated into a patch or a bandage. In yet another embodiment, the heart rate sensor is incorporated into a sensor device on the mattress (e.g., Beddit).’).
Regarding claim 62, Youngblood, as modified, further teaches wherein the temperature regulator is configured to selectively heat and selectively cool the portion of the fluid (Youngblood has previously been modified to comprise the inline heater/cooler of Schiff; see Schiff, par. 31, ‘The fluid circulation path 104 includes a thermal exchanger element 108 to cool or heat the thermally conductive fluid in the circulation path 104.’).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Youngblood in view of Schiff, as applied to claims 1-7, 10, 14-15, 45, 49-53 and 56-62 and further in view of Hopper et al. (US 20140343639, “Hopper”).
Regarding claim 9, Youngblood fails to teach wherein the reservoir comprises a removable container configured to contain the fluid.
Hopper teaches an analogous thermal control system for circulating a thermal fluid through various thermal pads (Abstract) wherein a reservoir comprises a removable container configured to contain fluid, which improves the convenience of using the unit (Par. 4 and fig. 3).
Therefore, in view of Hopper, it would have been obvious to POSITA at the time that the invention was filed to configure the reservoir to be removable, in order to facilitate refilling of the reservoir, as taught by Hopper.
Claim(s) 46-48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Youngblood in view of Schiff, as applied to claims 1-7, 10, 14-15, 45, 49-53 and 56-62 and further in view of Gibbs et al. (US 5871526, “Gibbs”).
Regarding claim Youngblood, as modified, fails to teach at least one heat sink disposed on or adjacent to the temperature regulator and configured to absorb heat from the temperature regulator.
Gibbs teaches an analogous system for regulating a temperature of an pad (Abstract, “A light-weight portable temperature control system which includes form fitting disposable therapy pads for selected body parts having serpentine fluid channels therethrough”), the system comprising: a reservoir configured to contain a fluid (Fig. 13, reservoir 51); a portion of the pad in fluid communication with the reservoir (Fig. 1, therapy pad 16), wherein the portion of the pad is configured to hold a portion of the fluid (Abstract, ‘therapy pads for selected body parts having serpentine fluid channels therethrough’); temperature regulator in fluid communication with the portion of the article of furniture and the reservoir via a flow path (Col. 7, lines 7-12, “The liquid heat exchanger 15 is also coupled to the thermoelectric cooler 11 in such a manner that the liquid flowing through the system and through the liquid outlet 41 is precisely controlled in accordance with the temperature setting of a temperature controller 14”), wherein the temperature regulator is configured to modulate a temperature of the portion of the fluid when the portion of the fluid is outside of the reservoir (Fig. 1, TE cooler 11 and liquid exchanger 15 are outside of the reservoir 51), wherein the temperature regulator is configured to cool the portion of the fluid (Col. 6, lines 19-21, “a means for cooling and/or heating the temperature control fluid, a liquid heat exchanger coupled to the means for cooling to remove heat from the temperature control liquid”); a flow controller disposed along the flow path of the portion of the fluid between the reservoir and the temperature regulator (Fig. 1, pump 10), wherein the flow controller is configured to (i) direct the portion of the fluid along a direction away from the reservoir and towards the temperature regulator and the pad (Fig. 1, showing arrows indicating the direction of flow of the circuit from reservoir 51 to the liquid heat exchanger 15 and therapy pad 16), and (ii) direct the portion of the fluid in a direction from the pad and back into the reservoir (Fig. 1, showing arrows indicating the direction of flow of the circuit from the therapy pad back to the reservoir 51); and at least one processor (Fig. 1, microprocessor 200) operatively coupled to the temperature regulator, wherein the at least one processor is programmed to control the temperature regulator to modulate the temperature of the portion of the fluid, thereby regulating the temperature of the portion of the pad (Col. 7, lines 7-15, “The liquid heat exchanger 15 is also coupled to the thermoelectric cooler 11 in such a manner that the liquid flowing through the system and through the liquid outlet 41 is precisely controlled in accordance with the temperature setting of a temperature controller 14 containing a microprocessor 200, which has been refined and made programmable for minute adjustment of the temperature of the liquid flowing through the system to within .+-.2˚F or better.”); and at least one heat sink disposed on or adjacent to the temperature regulator (Fig. 1, air exchanger 12) and configured to absorb heat from the temperature regulator (Col. 7, lines 4-7, “The air exchanger 12 is coupled to the thermoelectric cooler 11 such that upon directing the air flow from the fan 13 there across, the heat laden air is removed.”).
In view of Gibbs, it would have been obvious to POSITA at the time that the invention was filed to configure the thermoelectric element with a heat-sink and cooling fan, in order to facilitate the dissipation of heat from the hot-side of the thermoelectric element, as taught by Gibbs.
Regarding claim 47, Youngblood, as modified, further teaches at least one fan configured to direct flow of air across the at least one heat sink (Youngblood has previously been modified in view of Gibbs to comprises a fan and heat-sink combination; see Gibbs, fig. 1, fan 13 and col. 7, lines 4-7, “The air exchanger 12 is coupled to the thermoelectric cooler 11 such that upon directing the air flow from the fan 13 there across, the heat laden air is removed.”).
Regarding claim 48, Youngblood, as modified, further teaches wherein the at least one heat sink, the at least one fan, or both are housed within the enclosure (Youngblood, as modified, teaches a temperature regulator located within the enclosure as discussed with respect to claim 45, above. Therefore, it follows that POSITA would have likewise been led to locate the heat sink and fan combination within the enclosure in proximity to the temperature regulator, since these elements are intended to dissipate heat from the temperature regulator).
Claim(s) 55 is/are rejected under 35 U.S.C. 103 as being unpatentable over Youngblood in view of Schiff, as applied to claims 1-7, 10, 14-15, 45, 49-53 and 56-62 and further in view of Dae (US 20090043366).
Regarding claim 55, Youngblood, as modified, fails to teach an air purging gate in fluid communication with the flow path, wherein the air purging gate is configured to purge air from the flow path.
Dae teaches an analogous closed-loop circulation system which utilizes an air-purging gate in fluid communication with a flow path in order to facilitate venting of purging of air during the initial filling of the system with thermal exchange fluid (Fig. 3, valved port 40 and par. 51, ‘A second valved port 40, such as a such as Y tube having a stopcock on one arm thereof, is attached to the proximal end of the first thermal exchange lumen 24 to facilitate venting or purging or air or unwanted fluid from the system during the initial filling of the system with thermal exchange fluid.’).
Therefore, in view of Dae, it would have been obvious to POSITA at the time that the invention was filed to further modify Youngblood, as modified, by including an air purging mechanism in fluid communication with the fluid flow path in order to facilitate venting or purging of air during the initial filling of the system, as taught by Dae.
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive. Applicant argues that modifying Youngblood in view of Schiff to comprise an inline heater/cooler in place of a reservoir cooler and inline heater combination would render Youngblood unsatisfactory for its intended purpose.
The examiner disagrees. In the examiner’s opinion the intended purpose of Youngblood is to provide a temperature-controlled surface, for instance in order to provide a temperature-controlled bed or other piece of furniture (Par. 3). The modification in view of Schiff, merely changes the manner in which a temperature-controlled fluid is heated/cooled but does not fundamentally change the ability of the apparatus to perform this intended purpose of providing a temperature-controlled surface.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM JOSEPH AVIGAN whose telephone number is (571)270-3953. The examiner can normally be reached Monday-Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Stoklosa can be reached at (571) 272-1213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ADAM JOSEPH. AVIGAN
Examiner
Art Unit 3739
/ADAM J AVIGAN/Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
Prosecution Insights