DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
The disclosure is objected to because of the following informalities:
it is thought line 31 of page 3 should be changed accordingly: “the heating device 10”
Appropriate correction is required.
Claim Objections
Claim 8 is objected to because of the following informalities: add period at end of claim 8. Appropriate correction is required.
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.
Claim(s) 1, 3 and 5-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pub. No.: US 2019/0075960 A1 (Tsui ‘960) in view of NPL Amazon as evidenced by Pub. No.: US 2020/0337495 A1 (Tsui ‘495).
Regarding claim 1, Tsui ‘960 discloses (see figs. 1, 2 and 4) a (beverage 7 heating device 1 comprising: a tube 21,31 being elongated (see fig. 2) and including a top wall (at 21,22) having a perimeter edge (see annotated figure below), a perimeter wall (at 31) being coupled to (see annotated figure below) the perimeter edge and protruding downwardly (see fig. 2) from the top wall (at 21,22), an end (see annotated figure below) of the perimeter wall (at 31) being closed (see annotated figure below) and having a hemispherical shape (see annotated figure below), a bottom section 31 of the tube 31,32 comprising a thermally conductive material (see par. 30, middle: “housing 31 … is made from a heat conductive material”); a heating element 32 being positioned within (see fig. 2) the tube 21,31, the heating element 32 emitting heat from the tube (heat is conducted from heating element 32 through tube portion 31 via conductor 34) when actuated (user actuates heating element 32 via switches, see par. 32 bottom, on control interface 22); a power source 35 being electrically coupled (see par. 49) to the heating element 32, the power source 35 being positioned within (see fig. 2) the tube 21,31; a control circuit 24 being electrically coupled (see claim 1) to the heating element 32 and to the power source 35; a switch (see “switches” portion of control interface 22; see par. 32, middle) being electrically coupled (see claim 1) to the control circuit 24, the switch being engaged by a user (see par. 32, bottom; see also par. 29, middle, discussing “user” activating heating portion 3 that includes the heating element 32 in order to heat liquids) to actuate the heating element 32. Tsui ‘960 does not disclose a container enclosing a receiving space, the receiving space removably storing the tube when not in-use.
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Amazon teaches temperature sensor (see annotated figure below) and further teaches a container (see drawings) enclosing a receiving space (see annotated figure below), the receiving space removably storing (see temperature sensor being stored below) a tube like elongated structure.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Tsui ‘960 with a container enclosing a receiving space, the receiving space removably storing the tube when not in-use as taught by Amazon in order to facilitate protecting the tube during storage or travel (see Amazon page 1, top). Tsui ‘495 is evidence that the container taught by Amazon is applicable to the tube of Tsui ‘960 (see Tsui ‘495 tube 10 that is a similar liquid heater to that of Tsui ‘960 being stored in storage container 20; see figs. 2, 3, 14 and 15, and abstract discussing beverage heater 10).
Regarding claim 3, Tsui ‘960 in view of Amazon teach the current invention as claimed and discussed above. Tsui ‘960 further discloses wherein the power source 35 comprises a battery (see par. 40, top) and is rechargeable (see par. 40, top), a charging port 23 being positioned on (see annotated figure above) the top wall (at 21,22) and being electrically coupled (see claim 2, wherein the “handle portion” 2 is part of the top wall (at 21,22)) to the power source 35.
Regarding claim 5, Tsui ‘960 in view of Amazon teach the current invention as claimed and discussed above. Tsui ‘960 further discloses wherein the control circuit 24 is positioned within (see fig. 2) the tube 21,32.
Regarding claim 6, Tsui ‘960 in view of Amazon teach the current invention as claimed and discussed above. Tsui ‘960 further discloses (see fig. 2) wherein the control circuit 24 is programmable (see par. 35, bottom; e.g. software and may be implemented; see also par. 34).
Regarding claim 7, Tsui ‘960 in view of Amazon teach the current invention as claimed and discussed above. Tsui ‘960 further discloses (see fig. 2) wherein the switch (see “switches” portion of control interface 22; see par. 32, middle) is coupled to (via the top wall (at 21,22)) the perimeter wall (at 31).
Regarding claim 8, Tsui ‘960 in view of Amazon teach the current invention as claimed and discussed above. The teachings of Amazon applied in the claim 1 analysis above include the container (see drawings) includes a base section (see annotated figures above) and a top section (see annotated figures above) being pivotally coupled (see drawings) to the base section, wherein the top section is pivotally positionable from an open position (see annotated figure above) to a closed position (see third page), the receiving space having a cavity (see annotated figures above) to removably receive the tube.
Regarding claim 9, Tsui ‘960 in view of Amazon teach the current invention as claimed and discussed above. Tsui ‘960 further discloses (see fig. 2) a temperature sensor 36 being electrically coupled (see claim 1 and par. 41, top) to the control circuit 24, the temperature sensor 36 being mounted on (see annotated figure above) the end of the perimeter wall (see annotated figure above), the temperature sensor being configured for measuring (see par. 36, bottom and figs. 2-3) a temperature of a liquid abutting the bottom section (see lower temperature sensor 36 in figs. 2-3) of the tube 21,31 and powering off (see par. 48, bottom: “Upon detection of the burning state, the control circuit board 24 is configured to turn off the portable heating rod 1 instantly”) the heating element 32 when the liquid measures a temperature (via temperature sensors 36; see par. 48, middle; this measured temperature is compared to either a “threshold” temperature or an “increase” in temperature, see par. 48) programmed (the detection of the burning state and the powering off of the heating element 32 is done without user input as discussed in par. 48; thus this is part of the programming or instructions of the control circuit 24, see par. 35, bottom) by the control circuit 24. Because the Tsui ‘960 control circuit includes software and memory, see par. 34, bottom, and performs “automatic” functions, see par. 46, bottom, then one of ordinary skill would understand such control circuit to have a microcontroller with also a programmable feature such as
Field-Programmable Gate Array (FPGA) interoperable with for example the microcontroller such that the user profiles and user instructions could be programmed accordingly, see par. 34, bottom. Thus the threshold “burn” temperature above is either programmed into the control circuit independent of the user, the burn temperature is entered as a user profile or instructions, by way of programming. Knowledge in this area by POSITA is shown in pertinent prior art infra.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsui ‘960 in view of Amazon as evidenced by Tsui ‘495, as applied to claim 1 above, and further in view of US Patent 2,554,745 (Kapsch).
Regarding claim 2, Tsui ‘960 in view of Amazon teach the current invention as claimed and discussed above. Tsui ‘960 further discloses (see fig. 2) the heating element 32 is positioned adjacent to the thermally conductive material (see par. 30, middle: “housing 31 … is made from a heat conductive material”) of the bottom section 31, the heating element 32 comprising electric heating (see par. 36, top: “heating element 32 is a resistance heater”). Tsui ‘960 does not disclose plurality of coils.
Kapsch teaches a liquid heating device (see title) and further teaches a plurality of coils 34 (disposed inside tube 10 of liquid heating device; see figs. 1-3). It is further noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result.” KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 at 1395 (U.S. 2007) (MPEP 2143 I.B.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to substitute the coil type resistive heater of Kapsch for the resistive heater of Tsui ‘960 in view of Amazon for the purpose of substituting one known element for another in order to provide the expected result of heating a liquid.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsui ‘960, as evidenced by Pub. No. US 2014/0285355 A1 (Matte), in view of Amazon as evidenced by Tsui ‘495.
Regarding claim 4, Tsui ‘960 in view of Amazon teach the current invention as claimed and discussed above. Tsui ‘960 further discloses (see fig. 2) a lid 25 being removably positioned (see par. 33, bottom: “the … [lid] 25 can be detached from the power interface 23 while the power interface 23 is connected to … external device, and re-attached to and seal the power interface 23 after the connection is disconnected”) on the top wall (at 21,22) of the tube 21,31, the lid 25 enclosing the charging port 23 within a space (see “the internal space” at par. 33, bottom) to prevent liquid from damaging (see par. 33, middle and bottom; this is intended use and the lid need only be capable of preventing damage by liquid; Tsui ‘960 meets this because liquid such as moisture is prevented from getting into the charging port 23) the charging port. Matte is evidence that such structure 25 (referred to as “sealing means” by Tsui ‘960) may be referred to as lids or covers. For example, Matte states “flexible cover 282 creates a protective seal over charging port 274, to prevent debris and moisture from entering charging port 274 when … apparatus 200 is …not being charged” (see par. 62 and figs. 6 and 8). As general information, Matte is analogous art because Matte is reasonably pertinent to the problem faced by inventor (MPEP 2141.01(a) I.). A problem faced by inventor is moisture or liquid accessing the charging port (see Applicant spec. page 4, ll. 15-20).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsui ‘960 in view of Amazon and Kapsch.
Regarding claim 10, Regarding claim 1, Tsui ‘960 discloses (see figs. 1, 2 and 4) a (beverage 7 heating device 1 comprising: a tube 21,31 being elongated (see fig. 2) and including a top wall (at 21,22) having a perimeter edge (see annotated figure above), a perimeter wall (at 31) being coupled to (see annotated figure above) the perimeter edge and protruding downwardly (see fig. 2) from the top wall (at 21,22), an end (see annotated figure above) of the perimeter wall (at 31) being closed (see annotated figure above) and having a hemispherical shape (see annotated figure above), a bottom section 31 of the tube 31,32 comprising a thermally conductive material (see par. 30, middle: “housing 31 … is made from a heat conductive material”); a heating element 32 being positioned within (see fig. 2) the tube 21,31, the heating element 32 emitting heat from the tube (heat is conducted from heating element 32 through tube portion 31 via conductor 34) when actuated (user actuates heating element 32 via switches, see par. 32 bottom, on control interface 22), (see fig. 2) the heating element 32 being positioned adjacent to the thermally conductive material (see par. 30, middle: “housing 31 … is made from a heat conductive material”) of the bottom section 31, the heating element 32 comprising electric heating (see par. 36, top: “heating element 32 is a resistance heater”); a power source 35 being electrically coupled (see par. 49) to the heating element 32, the power source 35 being positioned within (see fig. 2) the tube 21,31, the power source 35 comprises a battery (see par. 40, top) and being rechargeable (see par. 40, top), a charging port 23 being positioned on (see annotated figure above) the top wall (at 21,22) and being electrically coupled (see claim 2, wherein the “handle portion” 2 is part of the top wall (at 21,22)) to the power source 35; (see fig. 2) a lid 25 being removably positioned (see par. 33, bottom: “the … [lid] 25 can be detached from the power interface 23 while the power interface 23 is connected to … external device, and re-attached to and seal the power interface 23 after the connection is disconnected”) on the top wall (at 21,22) of the tube 21,31, the lid 25 enclosing the charging port 23 within a space (see “the internal space” at par. 33, bottom) to prevent liquid from damaging (see par. 33, middle and bottom; this is intended use and the lid need only be capable of preventing damage by liquid; Tsui ‘960 meets this because liquid such as moisture is prevented from getting into the charging port 23) the charging port; a control circuit 24 being electrically coupled (see claim 1) to the heating element 32 and to the power source 35; the control circuit 24 being positioned within (see fig. 2) the tube 21,32, said control circuit 24 being programmable (see par. 35, bottom; e.g. software may be implemented; see also par. 34); a switch (see “switches” portion of control interface 22; see par. 32, middle) being electrically coupled (see claim 1) to the control circuit 24, the switch being engaged by a user (see par. 32, bottom; see also par. 29, middle, discussing “user” activating heating portion 3 that includes the heating element 32 in order to heat liquids) to actuate the heating element 32, the switch (see “switches” portion of control interface 22; see par. 32, middle) being coupled to (via the top wall (at 21,22)) the perimeter wall (at 31); and (see fig. 2) a temperature sensor 36 being electrically coupled (see claim 1 and par. 41, top) to the control circuit 24, the temperature sensor 36 being mounted on (see annotated figure above) the end of the perimeter wall (see annotated figure above), the temperature sensor being configured for measuring (see par. 36, bottom and figs. 2-3) a temperature of a liquid abutting the bottom section (see lower temperature sensor 36 in figs. 2-3) of the tube 21,31 and powering off (see par. 48, bottom: “Upon detection of the burning state, the control circuit board 24 is configured to turn off the portable heating rod 1 instantly”) the heating element 32 when the liquid measures a temperature (via temperature sensors 36; see par. 48, middle) programmed (the detection of the burning state and the powering off of the heating element 32 is done without user input as discussed in par. 48; thus this is part of the programming or instructions of the control circuit 24) by the control circuit 24.
Tsui ‘960 does not disclose a plurality of coils; and a container enclosing a receiving space, the receiving space removably storing the tube when not in-use, the container including a base section and a top section being pivotally coupled to the base section, wherein the top section is pivotally positionable from an open position to a closed position, the receiving space having a cavity to removably receive the tube.
Kapsch teaches a liquid heating device (see title) and further teaches a plurality of coils 34 (disposed inside tube 10 of liquid heating device; see figs. 1-3). It is further noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result.” KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 at 1395 (U.S. 2007) (MPEP 2143 I.B.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to substitute the coil type resistive heater of Kapsch for the resistive heater of Tsui ‘960 for the purpose of substituting one known element for another in order to provide the expected result of heating a liquid.
Amazon teaches temperature sensor (see annotated figure above) and further teaches a container (see drawings) enclosing a receiving space (see annotated figure above), the receiving space removably storing (see temperature sensor being stored above) a tube like elongated structure; the container (see drawings) includes a base section (see annotated figures above) and a top section (see annotated figures above) being pivotally coupled (see drawings) to the base section, wherein the top section is pivotally positionable from an open position (see annotated figure above) to a closed position (see third page), the receiving space having a cavity (see annotated figures above) to removably receive the tube.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Tsui ‘960 in view of Kapsch with a container enclosing a receiving space, the receiving space removably storing the tube when not in-use, the container including a base section and a top section being pivotally coupled to the base section, wherein the top section is pivotally positionable from an open position to a closed position, the receiving space having a cavity to removably receive the tube as taught by Amazon in order to facilitate in order to facilitate protecting the tube during storage or travel (see Amazon page 1, top).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
coil heater 140 within tube 191,191 (see fig. 2): US 20170245678;
charging port lid: US 10609767;
liquid heater lid: US 20190124722;.
control circuit 354 for heater (see pars. 53, 160 and fig. 16): US 20200382120.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC J AMAR whose telephone number is (571)272-9948. The examiner can normally be reached M-F 9:00-6:00.
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/MARC AMAR/Examiner, Art Unit 3741 /DEVON C KRAMER/Supervisory Patent Examiner, Art Unit 3741