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 .
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.
It is noted that claim 28 recites fastening means as a means plus claim which is interpreted to materials or structures such as Velcro or straps as disclosed in para 0031 of the specification, or its equivalents thereof.
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 (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.
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) 1-9, 11-22 and 24-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomas et al (US 2018/0289531) in view of Mikkelsen et al (US 2015/0033474) and Smith et al (US 2020/0352777).
With respect to claim 1, Thomas discloses the structure claimed including a thermal regulating unit (200) including a first conductive layer (204-2) adjacent to skin of a user (see Figure 2B) and a second conductive layer (204-1) that is exposed to ambient air or fluid, a plurality of spaced-apart thermoelectric heaters/coolers (e.g., Peltier elements) on the first thermal conductive layer, a thermal insulating layer (208) disposed and adhered between the first and second thermally conductive layers (Figure 2E) that creates a thermal barrier wherein the thermal regulating unit operates in responsive to a controller (302). But, Thomas does not explicitly show the first and second thermally conductive layers having embedded electrical wiring, and a first passive thermometer sensor and a second passive thermometer sensor that are respectively integrated with the first and second thermally conductive layers as claimed.
Mikkelsen discloses it is known to provide electrical wiring embedded in a first thermally conductive layer (270) and a second conductive layer (20) that enclose a plurality of spaced apart thermoelectric heaters/coolers (230) to supply electric power to the thermoelectric heaters/coolers, and Mikkelsen also discloses an insulating layer (20) provided between the first and second thermally conductive layers wherein adhesive bonding materials are included to bond the insulating layer and the thermally conductive layer (para 0038).
Smith discloses it is known to provide a thermal regulating unit having heating/cooling elements (106) having a first surface (106a) and a second surface (106a) each with a temperature sensor (110) including a thermistor, which is known as a passive thermometer sensor, wherein the thermistors are used to monitor a skin and a heatsink temperature so that so that more precise temperature can be monitored (para 0048 and 0107).
In view of Mikkelsen, it would have been obvious to one of ordinary skill in the art to adapt Thomas with electrical wiring embedded in the first and second thermally conductive layers so that thermoelectric heaters/coolers are electrically connected while maintaining the electrical wiring securely attached to the thermally conductive layers with the insulating layer including a bonding materials that would also bond the first and second thermally conductive layer together for more secured assembly; and in view of Smith, it would have been obvious to one of ordinary skill in the art to adapt Mikkelsen with a first passive thermometer sensor such as a thermistor integrated with the first thermally conductive layer (which is a skin side) and a second passive thermometer integrated with the second thermally conductive layer (heat sink side) wherein the temperature to the user/skin can be more precisely monitored for the user.
With respect to claim 2, Thomas Mikkelsen discloses the first thermally conductive layer (204-2) that is in direct contact with the skin of the body (user).
With respect to claim 3, Thomas discloses the controller (302) that is a separate and self-contained device coupled to the thermal regulating unit as illustrated in Figure 3B.
With respect to claim 4, Thomas discloses a power source (304) for supplying power to the thermal regulating unit wherein the controller and the power source are separate from the thermal regulating unit as illustrated in Figure 3B.
With respect to claim 5, Thomas discloses the thermal regulating device with a passive thermometer sensor such as a thermistor which is known to measure temperature by converting heat energy to electricity (e.g., current/voltage; para 0103) wherein the thermal regulating unit transmits a feedback signal to the controller that manages the power supplied to the thermal regulating unit (also, see para 0099 and Figure 10).
With respect to claim 6, Thomas discloses the thermal regulating unit is one of a plurality of regulating units (200) coupled to a controller (302) and a power source (304) wherein the controller regulates the temperature of the body based on the feedback signals from the plurality of thermal regulating units (also, see para 0028-0030, 0099; Figure 10).
With respect to claim 7, Thomas discloses for controlling the temperature of the thermal regulating unit wherein it would have been obvious to increase or decrease the temperature in the range of 20º F or any other range as a matter of routine operations to provide a comfort level for the user (also, see para 0028 and 0034).
With respect to claims 8, 9 and 11, Thomas shows the structure of the thermal regulating unit claimed, and it is noted that the recited close-fitting garment is a material that is worked upon by the thermal regulating unit/apparatus wherein the material or article (e.g., garment) worked upon by the apparatus does not impart patentability to the claims. MPEP 2115. And, it is further noted that Thomas shows that the thermal regulating unit can be used in garments or any other wearable devices (para 0048, 0171, and 0172) wherein it would have been obvious to one of ordinary skill in the art to adapt the thermal regulating unit of Thomas in a close-fitting garment or any other suitable wearable devices with fasteners or holding means to attach the thermal regulating units the garment, which can be used or related to any user activities including the claimed activities, for the user providing a cooling/heating comfort as desired.
With respect to claim 12, Thomas discloses that the thermal regulating unit can be waterproof (para 0079) which would also allow it to be washable.
With respect to claims 13 and 14, Thomas discloses for a user wherein such user would be a person/human that is also a type of mammal. Furthermore, it is noted the recitation of using the thermal regulating unit to a living mammal or positioning next to the living mammal is related as a manner of operating the apparatus that does not differentiate the structure of the apparatus from the prior art. It is noted that apparatus claim is defined by what it is and not what it does. MPEP 2114. II.
With respect to claim 15, Thomas discloses the structure of the system claimed including a garment (para 0048), one or more thermal regulating units positioned on the garment wherein each of the thermal regulating units comprises a first conductive layer (204-2) adjacent to skin of a user (see Figure 2B) and a second conductive layer (204-1) that is exposed to ambient air or fluid, a plurality of spaced-apart thermoelectric heaters/coolers (e.g., Peltier elements) on the first thermal conductive layer, a thermal insulating layer (208) disposed and adhered between the first and second thermally conductive layers (Figure 2E) that creates a thermal barrier wherein the thermal regulating unit operates in responsive to a controller (302) and a power source (304) for supplying power to the thermal regulating unit. But, Thomas does not explicitly show the first and second thermally conductive layers having embedded electrical wiring, and a first passive thermometer sensor and a second passive thermometer sensor that are respectively integrated with the first and second thermally conductive layers as claimed.
Mikkelsen discloses it is known to provide electrical wiring embedded in a first thermally conductive layer (270) and a second conductive layer (20) that enclose a plurality of spaced apart thermoelectric heaters/coolers (230) to supply electric power to the thermoelectric heaters/coolers, and Mikkelsen also discloses an insulating layer (20) provided between the first and second thermally conductive layers wherein adhesive bonding materials are included to bond the insulating layer and the thermally conductive layer (para 0038).
Smith discloses it is known to provide a thermal regulating unit having heating/cooling elements (106) having a first surface (106a) and a second surface (106a) each with a temperature sensor (110) including a thermistor, which is known as a passive thermometer sensor, wherein the thermistors are used to monitor a skin and a heatsink temperature so that so that more precise temperature can be monitored (para 0048 and 0107).
In view of Mikkelsen, it would have been obvious to one of ordinary skill in the art to adapt Thomas with electrical wiring embedded in the first and second thermally conductive layers so that thermoelectric heaters/coolers are electrically connected while maintaining the electrical wiring securely attached to the thermally conductive layers with the insulating layer including a bonding materials that would also bond the first and second thermally conductive layer together for more secured assembly; and in view of Smith, it would have been obvious to one of ordinary skill in the art to adapt Mikkelsen with a first passive thermometer sensor such as a thermistor integrated with the first thermally conductive layer (which is a skin side) and a second passive thermometer integrated with the second thermally conductive layer (heat sink side) wherein the temperature to the user/skin can be more precisely monitored for the user.
With respect to claim 16, Thomas Mikkelsen discloses the first thermally conductive layer (204-2) that is in direct contact with the skin of the body (user).
With respect to claim 17, Thomas discloses the controller (302) that is a separate and self-contained device coupled to the thermal regulating unit as illustrated in Figure 3B.
With respect to claim 18, Thomas discloses the controller (302) and the power source (304) that are an integrated unit (see Figure 3A and 3B) separate from the thermal regulating unit.
With respect to claim 19, Thomas discloses the thermal regulating device with a passive thermometer sensor such as a thermistor which is known to measure temperature by converting heat energy to electricity (e.g., current/voltage; para 0103) wherein the thermal regulating unit transmits a feedback signal to the controller that manages the power supplied to the thermal regulating unit (also, see para 0099 and Figure 10).
With respect to claim 20, Thomas discloses the thermal regulating unit is one of a plurality of regulating units (200) coupled to a controller (302) and a power source (304) wherein the controller regulates the temperature of the body based on the feedback signals from the plurality of thermal regulating units (also, see para 0028-0030, 0099; Figure 10).
With respect to claims 21 and 22, Thomas discloses that one or more thermal regulating units are positioned in a close-fitting garment such as a sleeve or underwear garment (para 0048 and 0172) wherein the one or more thermal regulating units are removable.
With respect to claim 24, Thomas discloses for a close-fitting garment or any other suitable wearable devices which can be used or related to any user activities including the claimed activities for the user providing a cooling/heating comfort with the thermal regulating units as desired.
With respect to claim 25, Thomas discloses that the thermal regulating unit can be waterproof (para 0079) which would also allow it to be washable.
With respect to claims 26 and 27, Thomas discloses for a user wherein such user would be a person/human that is also a type of mammal. Furthermore, it is noted the recitation of using the thermal regulating unit to a living mammal or positioning next to the living mammal is related as a manner of operating the apparatus that does not differentiate the structure of the apparatus from the prior art. It is noted that apparatus claim is defined by what it is and not what it does. MPEP 2114. II.
Claim(s) 10, 23 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomas in view of Mikkelsen and Smith as applied to claims 1-9, 11-22 and 24-27 above, and further in view of Collins (US 7,708,009).
With respect to claims 10 and 23, Thomas in view of Mikkelsen and Smith discloses the structure claimed except for a fastener.
Collins shows it is known to provide a garment having a pocket/sleeve (40) that is provided with a fastener (48) to enclose the pocket/sleeve.
In view of Collins, it would have been obvious to one of ordinary skill in the art to adapt Thomas, as modified by Mikkelsen and Smith, with the sleeve within which the thermal regulating unit is positioned therein can be more securely contained or fixed therein by the fastening means as taught by Collins.
With respect to claim 28, Thomas discloses a garment (para 0048) which allows one or more thermal regulating units positioned therein, one or more thermal regulating units positioned on the garment wherein each of the thermal regulating units comprises a first conductive layer (204-2) adjacent to skin of a user (see Figure 2B) and a second conductive layer (204-1) that is exposed to ambient air or fluid, a plurality of spaced-apart thermoelectric heaters/coolers (e.g., Peltier elements) on the first thermal conductive layer, a thermal insulating layer (208) disposed and adhered between the first and second thermally conductive layers (Figure 2E) that creates a thermal barrier wherein the thermal regulating unit operates in responsive to a controller (302. But, Thomas does not explicitly show the first and second thermally conductive layers having embedded electrical wiring, and a first passive thermometer sensor and a second passive thermometer sensor that are respectively integrated with the first and second thermally conductive layers as claimed, and a fastening means.
Mikkelsen discloses it is known to provide electrical wiring embedded in a first thermally conductive layer (270) and a second conductive layer (20) that enclose a plurality of spaced apart thermoelectric heaters/coolers (230) to supply electric power to the thermoelectric heaters/coolers, and Mikkelsen also discloses an insulating layer (20) provided between the first and second thermally conductive layers wherein adhesive bonding materials are included to bond the insulating layer and the thermally conductive layer (para 0038).
Smith discloses it is known to provide a thermal regulating unit having heating/cooling elements (106) having a first surface (106a) and a second surface (106a) each with a temperature sensor (110) including a thermistor, which is known as a passive thermometer sensor, wherein the thermistors are used to monitor a skin and a heatsink temperature so that so that more precise temperature can be monitored (para 0048 and 0107).
Collins shows it is known to provide a garment having a pocket/sleeve (40) that is provided with a fastener (48) to enclose the pocket/sleeve.
In view of Mikkelsen, it would have been obvious to one of ordinary skill in the art to adapt Thomas with electrical wiring embedded in the first and second thermally conductive layers so that thermoelectric heaters/coolers are electrically connected while maintaining the electrical wiring securely attached to the thermally conductive layers with the insulating layer including a bonding materials that would also bond the first and second thermally conductive layer together for more secured assembly; in view of Smith, it would have been obvious to one of ordinary skill in the art to adapt Mikkelsen with a first passive thermometer sensor such as a thermistor integrated with the first thermally conductive layer (which is a skin side) and a second passive thermometer integrated with the second thermally conductive layer (heat sink side) wherein the temperature to the user/skin can be more precisely monitored for the user; and in view of Collins, it would have been obvious to one of ordinary skill in the art to adapt Thomas, as modified by Mikkelsen and Smith, with the sleeve within which the thermal regulating unit is positioned therein can be more securely contained or fixed therein by the fastening means as taught by Collins.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG Y PAIK whose telephone number is (571)272-4783. The examiner can normally be reached 9:00-5:30; M-F.
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/SANG Y PAIK/Primary Examiner, Art Unit 3761