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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claim 1-9 and 11-16 in the reply filed on 01/12/2026 is acknowledged.
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.
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 1-9 and 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Miyashita (US 2017/0239085) in view of Minoru (JP2001238906).
Regarding claim 1 and 9, Miyashita discloses a method for producing a heating element comprising a heat-generating composition that generates heat upon reaction with oxygen in air [0003], the method comprising steps of: encapsulating a heat-generating composition precursor comprising a mixture containing a water-insoluble component of the heat-generating composition (fig.1; composition tablet 1, [0082]), in an air-permeable bag (fig.6; container bag/ body 2, see also [0044]) or container at least a part of which is formed of a water-permeable packaging material. Miyashita discloses salt water being injected from the top member by using an injector [0087]. However, Miyashita does not specifically disclose the method of injecting a liquid component of the heat-generating composition into the heat-generating composition precursor through the water-permeable packaging material from a nozzle tip that comes in contact with the water-permeable packaging material.
Minoru teaches method of producing heating element comprising metal powder, water retention agent, water (page 2). Minoru teaches a moisture-permeable film having a needle hole is attached in a pocket shape to one sheet 6a of the sheets 6 and 6a a method of adding water or an aqueous solution of water and a water-soluble component include spraying, dripping, dipping, applying, and injecting water or the aqueous solution with a syringe (page 4). The method of adding the water to the bag provide the heating element to be manufactured with almost no reaction by immediately sealing the air-impermeable bag after adding water (page 4). Minoru explicitly discloses a heating element composition having a heat-generating ability when water or an aqueous solution of water and a water-soluble component is used. There is no component bias and the mixing state is good. Sufficient heat generation is obtained, and no heat generation unevenness occurs (abstract). Therefore, it would have been obvious to one of ordinary skill in the art at the time the Application was effectively filed to modify as taught by Miyashita with a method of injecting water to the heating element containing bag as taught by Minoru for the purpose of having sufficient heat generation to be obtained and to prevent unevenness heat generation to occur.
Regarding claim 2, Miyashita/Minoru teaches the method according to claim 1, wherein the water-insoluble component comprises a metallic powder to be oxidized [0061], activated carbon [0061], and a swelling agent ([0061]: “water absorptive polymer” of Miyashita).
Regarding claim 3 and 11, Miyashita/Minoru teaches the method according to claim 1, wherein the liquid component is water or an aqueous solution containing a salt or one or more water-soluble components ([0061] of Miyashita or abstract of Minoru).
Regarding claim 4 and 12, Miyashita/Minoru teaches the method according to claim 1, wherein the water-permeable packaging material is a packaging material having a water pressure resistance of 30 KPa or less. Minoru teaches having a water-permeable material such as nylon moisture permeable (page 7 of Minoru). The instant disclosure states that the nonwoven fabrics include nonwoven fabrics comprising
artificial fibers such as nylon, vinylon, polyester, rayon, acetate, acrylic, polyethylene,
polypropylene, and polyvinyl chloride, and natural fibers such as cotton, hemp, silk, and
wool; and include nonwoven fabrics in the form such as spunbond, thermal bond, and spunlace [0040] of the spec. Since Minoru teaches similar material, the water permeable packaging will have similar property.
Regarding claim 5 and 13, Miyashita/Minoru teaches the method according to claim 1, wherein the heat-generating composition precursor further comprises a binder ([0042] of Miyashita).
Regarding claim 6 and 14, Miyashita/Minoru teaches the method according to claim1, wherein the heat-generating composition precursor is a precursor that expands after injection of the liquid component ([0021] of Miyashita). However, Miyashita/Minoru does not specifically expand to a volume 1.1 to 4 times, as compared with a volume before injection of the liquid component. However, it would have been an obvious matter of design choice to have the desired expansion of precursor by adding the desired amount of water to expand to the desired size, since such a modification would have involved a mere change in the size of a component. A change in size is general recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 7, Miyashita/ Minoru teaches the method according to claim1, wherein the heat-generating composition precursor is in a shaped solid form (fig.6).
Regarding claim 8, Miyashita/ Minoru teaches the method according to claim1, wherein the water-permeable packaging material is a nonwoven fabric or includes a nonwoven fabric (page 9 of Minoru: “0.2 g of water was applied to the surface of the non-woven fabric made of rayon and polyester to obtain a heating element”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIGIST S DEMIE whose telephone number is (571)270-5345. The examiner can normally be reached Monday-Friday 8am-5Pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Stoklosa can be reached at 571-2721213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TIGIST S DEMIE/Primary Examiner, Art Unit 3794