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
The amendment filed 10/08/2025 has been entered. Claims 1-7 remain pending in the application. Applicant’s amendments to the claims have overcome the objections and rejections previously set forth in the Non-Final Office Action mailed 07/17/2025.
Response to Arguments
Applicant's arguments with respect to claims 1-7 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The claim amendments changed the scope of the claimed invention. See new grounds for rejection below.
Claim Rejections - 35 USC § 112
Claim 1 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. The claim limitation "which the coolant supply line and the coolant return line are physically separated by an insulating web" is not reflected in drawings or in the specification. In applicants’ specification page 19 lines 21-23, it is suggested that the supply line and return line are separated by an area of material not by an insulated web..
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 1, 3-4 & 6 are rejected under 35 U.S.C 103 as being unpatentable over Muller (US 20190045936) herein referred to as Muller and Hardy (US 3738367) herein referred to as Hardy and in further view of Kolen et al. (US 5865841) herein referred to as Kolen.
Regarding Claim 1, Muller discloses a personal comfort system (Figure 1), comprising: an elongated pad comprising an upper fabric surface and a lower fabric surface (Figure 1, 20; wherein the upper fabric surface is seen as the portion on the back of the chair and the lower fabric surface is seen as the bottom on the seat of the chair), wherein the elongated pad is configured to be selectively disposed on a back portion and a seat portion of a chair (Figure 1, 20), wherein the elongated pad comprises a length of flexible tubing disposed on an internal area of the elongated pad and housed between the upper fabric surface and the lower fabric surface (Paragraph [0044]), wherein the length of flexible tubing extends between a first end comprising a coolant inlet and a second end comprising a coolant outlet (Figure 1, 18; Paragraph [0046]; wherein the hose is a two way hose therefore it would have a coolant inlet and outlet that is not visible such that it would be wherein 18 connects to the pad; Paragraph [0045]; wherein a first manifold would be a coolant inlet and a second manifold would be a coolant outlet), wherein the flexible tubing is arranged on the internal area in a plurality of evenly spaced, parallel rows (Paragraph [0044]); a trunk (Figure 1, 2) comprising a coolant supply line (Figure 1, 12; Paragraph [0046]; wherein the hose is a two way hose therefore acts as a supply line), a coolant return line (Figure 1, 12; Paragraph [0046]; wherein the hose is a two way hose therefore acts as a return line as well as can have its own separate hose which is not shown), and is thermally insulated (Paragraph [0034]); a pump (Figure 1, 14) comprising a first coupling configured to be selectively coupled with the first end and the second end of the length of flexible tubing (Figure 1; wherein the first coupling is where the pump couples to 18) and a second coupling configured to be removably coupled with the coolant supply line and the coolant return line of the trunk (Figure 1, wherein the second coupling is wherein the pump 14 couples to 12 such that it is removably coupled through valve 10), wherein the pump is operably configured to circulate a volume of coolant from the coolant supply line of the trunk through the length of flexible tubing and to the coolant return line of the trunk (Paragraph [0046]); and a power supply operably engaged with the pump to provide a flow of power to the pump (Paragraph [0047]). However, Muller does not explicitly disclose wherein the flexible tubing comprises plastic tubing; wherein the elongated pad comprises a mesh fabric secured to an interior surface of the elongated pad to retain the plastic tubing in the plurality of evenly spaced, parallel rows and a thermally insulated jacket in which the coolant supply line and coolant return line are physically separated by an insulating web configured to inhibit thermal transfer between the lines.
Hardy discloses a personal comfort system (Figure 1) wherein the flexible tubing comprises plastic tubing (Column 4; lines 13-18); wherein the elongated pad comprises a mesh fabric secured to an interior surface of the elongated pad to retain the plastic tubing in the plurality of evenly spaced, parallel rows (Column 1, lines 5-6; wherein the interior surface is made up of mesh and the plastic tubing is attached therefore is retaining the plastic tubing in the plurality of evenly spaced parallel rows which can be seen in Figure 1 in the leg portion). 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 personal comfort system taught by Muller to include plastic tubing and mesh fabric as taught by Hardy. The motivation being a simple substitution of two known elements, materials of tubing and fabric taught by Muller, for another, plastic tubing and mesh fabric to obtain predictable results of providing fluid transfer (MPEP 2143 (B)).
Kolen discloses a personal comfort system (Figure 1) comprising a thermally insulated jacket in which the coolant supply line and coolant return line are physically separated by an insulating web configured to inhibit thermal transfer between the lines (Figure 3, 43). 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 personal comfort system as taught by Muller in view of Hardy to include the thermally insulated jacket as taught by Kolen. The motivation being making the entire tubing assembly water-tight, durable, flexible, and fully insulated to reduce the ambient heat load on the unit and enhance the comfort and ease of use of the therapy apparatus. (Kolen, Column 4 lines 8-13).
Regarding claim 3, Muller and Hardy in further view of Kolen disclose the personal comfort system of claim 1. Kolen also discloses wherein the first coupling and the second coupling comprise a dual-channel coupler having respective supply and return channels configured to removably form watertight connections to both the first end and the second end of the length of flexible tubing (Figure 3, 48 & 49) and to the coolant supply line and the coolant return line of the trunk (Figure 3, 21 & 22). 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 personal comfort system as taught by Muller in view of Hardy to include the thermally insulated jacket as taught by Kolen. The motivation being making the entire tubing assembly water-tight, durable, flexible, and fully insulated to reduce the ambient heat load on the unit and enhance the comfort and ease of use of the therapy apparatus. (Kolen, Column 4 lines 8-13).
Regarding claim 4, Muller and Hardy in further view of Kolen disclose the personal comfort system of claim 1. Muller also discloses wherein the elongated pad comprises a back portion and a seat portion and the length of flexible tubing in the back portion and the seat portion is oriented substantially vertically such that, when the elongated pad is disposed on a chair having a foldable frame, the flexible tubing does not kink when the chair is folded (Paragraph [0044]; Figure 1, 16; wherein the flow paths of the fluid is oriented substantially vertical such that the tubing will not kink when the chair is folded).
Regarding claim 6, Muller and Hardy in further view of Kolen disclose the personal comfort system of claim 3. Muller also discloses at least one thermal sensor communicably engaged with at least one controller (Paragraph [0048]), wherein the at least one controller is configured to regulate the flow of power to the pump in response to an input from the at least one thermal sensor to cycle the pump on and off according to one or more temperature thresholds (Paragraph [0036]).
Claim 2 is rejected under 35 U.S.C 103 as being unpatentable over Muller, Hardy and Kolen in view of Edelman (US 20040068310) herein referred to as Edelman.
Regarding Claim 2, Muller and Hardy in further view of Kolen discloses the personal comfort system of claim 1 wherein the trunk comprises an adapter portion coupled to a first end of the trunk (Figure 1, 10) and wherein the adapter portion comprises a drain-plug adapter configured to selectively interface with a drain portion of the insulated cooler to establish watertight connections for the coolant supply line and the coolant return line (Paragraph [0034]). However, Muller and Hardy in further view of Kolen does not explicitly disclose the adapter portion comprising a filter assembly configured to facilitate a flow of coolant from an insulated cooler to the trunk.
Edelman discloses a thermal system (Figure 1) comprising the adapter portion comprising a filter assembly configured to facilitate a flow of coolant (Paragraph [0034]; wherein filters can be included in the fluid path therefore an adaptor). 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 adaptor taught by Muller and Hardy in further view of Kolen to include a filter assembly as taught by Edelman. The motivation being to prevent flow blockages resulting from jammed ice or other substances (Edelman, Paragraph [0034]).
Claim 5 is rejected under 35 U.S.C 103 as being unpatentable over Muller, Hardy and Kolen in view of Huang (US 20070257018) herein referred to as Huang.
Regarding Claim 5, Muller and Hardy in further view of Kolen disclose the personal comfort system of claim 3. However, Muller and Hardy in further view of Kolen does not explicitly disclose at least one heating pad disposed on the internal area of the elongated pad between the upper fabric surface and the lower fabric surface, wherein the at least one heating pad is operably engaged with at least one controller and the power supply to regulate a heating output according to one or more operational settings of the at least one controller and wherein the at least one heating pad comprises a first heating zone and a second heating zone, the at least one controller configured to selectively regulate power between the first heating zone and the second heating zone.
Huang discloses a personal comfort system (Figure 1) at least one heating pad disposed on the internal area of the elongated pad between the upper fabric surface and the lower fabric surface (Figure 1, 2), wherein the at least one heating pad is operably engaged with at least one controller and the power supply to regulate a heating output according to one or more operational settings of the at least one controller (Paragraph [0020]) and wherein the at least one heating pad comprises a first heating zone and a second heating zone (Figure 1, 2a & 2b), the at least one controller configured to selectively regulate power between the first heating zone and the second heating zone (Paragraph [0014]). 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 personal comfort system taught by Muller and Hardy in further view of Kolen to include the heating pad as taught by Huang. The motivation being to minimizes the health risk, saves energy and cost, and creates a comfortable gradient heat zone to the user (Huang, Abstract).
Claim 7 is rejected under 35 U.S.C 103 as being unpatentable over Muller, Hardy and Kolen in view of Augustine et al. (US 20150290065) herein referred to as Augustine.
Regarding Claim 7, Muller and Hardy in further view of Kolen disclose the personal comfort system of claim 3. However, Muller and Hardy in further view of Kolen does not explicitly disclose at least one pressure sensor communicably engaged with at least one controller, the at least one pressure sensor disposed within the elongated pad between the upper fabric surface and the lower fabric surface, wherein the at least one controller is configured to regulate the flow of power to the pump in response to an input from the at least one pressure sensor indicative of seat occupancy exceeding a threshold.
Augustine discloses a personal comfort system (Figure 9) wherein at least one pressure sensor communicably engaged with at least one controller (Figure 9, 200), the at least one pressure sensor disposed within the elongated pad between the upper fabric surface and the lower fabric surface (Paragraph [0095]), wherein the at least one controller is configured to regulate the flow of power to the pump in response to an input from the at least one pressure sensor indicative of exceeding a threshold (Paragraph [0095]; wherein the controller communicates with the pump to reinflate the inflatable chamber until the body portions is lifted and no longer compressing the sensor such that the threshold is when the body portion is the pressure value that is compressing the sensor). 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 personal comfort system taught by Muller and Hardy in further view of Kolen to include a pressure sensor as taught by Augustine. The motivation being detect changes in body positioning and/or loss of air from the inflatable chambers resulting in inadvertent “bottoming out,” that may convert a safe condition into a dangerous condition over time (Augustine, Paragraph [0003].
Conclusion
THIS ACTION IS MADE FINAL. 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 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
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794