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 Amendments and Arguments
The amendments, filed September 15, 2025, have been entered. Claims 1, 3, and 5 have been amended. Claim 2 has been cancelled and claims 8-16 have been added. Claims 1 and 3-16 are currently pending in the application.
The amendments to the claims have overcome the previous rejections under 35 U.S.C. 112(b) presented in the previous Office Action.
Applicant argues, on pages 6-8 of Applicant’s remarks, that the previously cited prior art of Youngblood (U.S. Publication No. 2021/0219736) and Saringer (U.S. Patent No. 5,895,418) does not sufficiently disclose, teach, or suggest the newly amended subject matter of claim 8, in particular the heater being disposed in the water tank. However, a new rejection has been entered under 35 U.S.C. 103 where Collins (U.S. Publication No. 2007/0000278) is now cited for teaching this limitation, as discussed in further detail below.
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.
Claims 8-9 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Youngblood (U.S. Publication No. 2021/0219736) in view of Saringer (U.S. Patent No. 5,895,418) and further in view of Collins (U.S. Publication No. 2007/0000278).
Regarding claim 8, Youngblood (U.S. Publication No. 2021/0219736) discloses a controller 10 for cool and warm dual system of mattress (paragraph 00145, where the temperature conditioned system may be embedded within a mattress), comprising: a housing defining a space therein (see annotated Figure 4, below); a water tank 22 configured for accommodating water therein and a water pump 81 connected to the water tank 22 being mounted in the space (Figure 5), an accommodating slot being defined in and extending through a sidewall of the water tank 22 (see Figure 5 , where the Peltier elements 33A are positioned within the sidewall of the tank 22 thereby defining the accommodating slot); a cooling end heat exchanger 33A being mounted in the accommodating slot and extending into the water tank 22 (Figure 5); a cooling plate 64 being arranged out of the water tank and attached to the cooling end heat exchanger 33A to absorb heat from the water accommodated inside the water tank 22 through the cooling end heat exchanger 33A (Figure 5 and paragraph 0148); a heat sink 65 being configured with a first side attached to the cooling plate 64 and a second side (Figure 5 and paragraph 0148, the second side being defined by the side adjacent fan 71) and a cooling fan 71 being attached to the second side of the heat sink (Figures 5-6 and paragraph 0148).
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Youngblood does not disclose a heater being mounted inside the water tank for heating the water accommodated inside the water tank and, does not disclose the heat sink comprising a second side being inclined to the first side.
Saringer teaches heat sink 22 (Figure 3a and Col. 7, line 63-Col. 8, line 25), the heat sink comprising a second side 62 being inclined to a first side 66 (Figure 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Youngblood (directed to a thermal system for a mattress) with Saringer (directed to a thermal system for a blanket) such that the heat sink comprising a second side being inclined to the first side. One of ordinary skill in the art would have been motivated to do so because the heat exchangers of Saringer provide efficient heat dissipation through the plurality of overlapping fins, and the gasket of provides improved thermal contact between the thermoelectric unit and the fluid in the tank (Col. 8, lines 45-65).
Additionally, Collins (U.S. Publication No. 2007/0000278) teaches a heater 62 being mounted inside the water tank 28 for heating the water accommodated inside the water tank (Figure 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Youngblood (directed to a thermal system for a mattress) with Collins (directed to a thermal system for a patient) and arrived at a heater being mounted inside the water tank. One of ordinary skill in the art would have been motivated to do so because the heater of Kang allows for the water to be heated according to user preference (abstract and paragraphs 0002-0003).
Regarding claim 9, Youngblood, as modified, discloses the subject matter as discussed above with regard to claim 8. Youngblood, as modified, further discloses wherein the second side 62 of the heat sink 22 is inclined to a length direction and a width direction of the housing (see Saringer, Figure 4).
Regarding claim 11, Youngblood, as modified, discloses the subject matter as discussed above with regard to claim 8. Youngblood, as modified, further discloses wherein a tank cover 50 (see Collins, Figure 3) and with a water injection pipe 56 provided thereon is covered on the water tank 28, and the heater 62 is fixed to the tank cover (see Collins, Figure 3).
Regarding claim 12, Youngblood, as modified, discloses the subject matter as discussed above with regard to claim 8. Youngblood, as modified, further discloses wherein a sealing gasket 48 configured as a sheet is sandwiched between the tank cover 50 and the heater 62 (see Collins, Figure 3).
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Youngblood in view of Saringer and Collins and further in view of Sohn (Patent Publication No. WO 2019022570 A1).
Regarding claim 13, Youngblood, as modified, discloses the subject matter as discussed above with regard to claim 8. Youngblood, as modified, does not explicitly disclose wherein fixing plates are provided inside the housing to abut sidewalls of the water tank so as to fix the water tank inside the housing.
Sohn teaches wherein fixing plates are provided inside the housing to abut sidewalls of the heat transfer device 1000 so as to fix the components of the heat transfer device inside the housing 220 and 210 (the fixing plates being defined by the grooves protrusions 224 defined inside the housing 220 and 210, shown in Figures 2-4 and 6, also described in paragraph 0022-0026).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Youngblood (directed to a thermal system for a mattress) with Sohn (directed to a thermal system) such that fixing plates are provided inside the housing to abut sidewalls of the water tank so as to fix the water tank inside the housing. One of ordinary skill in the art would have been motivated to do so because the fixing plates of Sohn align and hold the various components of the heating and cooling system (paragraphs 0022-0026 and Figures 2-4 and 6).
Regarding claim 14, Youngblood, as modified, discloses the subject matter as discussed above with regard to claims 8 and 13. Youngblood, as modified, wherein the water tank 22 is substantially rectangular (see Youngblood, Figures 5-6) the fixing plates abut two sidewalls of the water tank in a length direction of the water tank (see Sohn, Figures 2-4 and 6 where the fixing plates generally surround the components including control unit 500 and fan 300 of the housing 210 and 22 on all sides), and the accommodating slot is defined in the sidewall of the water tank 22 in a width direction of the water tank 22 (see Youngblood, Figures 5-6).
Regarding claim 15, Youngblood, as modified, discloses the subject matter as discussed above with regard to claim 8. Youngblood, as modified, does not explicitly disclose wherein fixing plates are provided inside the housing to abut the heat sink, so as to fix the heat sink inside the housing.
Sohn teaches wherein fixing plates are provided inside the housing to abut sidewalls of the heat transfer device 1000 so as to fix the components of the heat transfer device inside the housing 220 and 210 (the fixing plates being defined by the grooves protrusions 224 defined inside the housing 220 and 210, shown in Figures 2-4 and 6, also described in paragraph 0022-0026).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Youngblood (directed to a thermal system for a mattress) with Sohn (directed to a thermal system) such that fixing plates are provided inside the housing to abut sidewalls of the heat sink so as to fix the heat sink inside the housing. One of ordinary skill in the art would have been motivated to do so because the fixing plates of Sohn align and hold the various components of the heating and cooling system (paragraphs 0022-0026 and Figures 2-4 and 6).
Allowable Subject Matter
Claims 1 and 3-7 are allowed. The following is an examiner’s statement of reasons for allowance:
Regarding claim 1, Youngblood (U.S. Publication No. 2021/0219736) is cited as being of interest for disclosing a controller 10 for cool and warm dual system, the cool and warm dual system further comprising a mattress (paragraph 00145, where the temperature conditioned system may be embedded within a mattress) and outlet and return pipes 16 and 17 connected between the controller 10 and the mattress (Figures 3-4 and paragraph 0144-0145), the controller 10 controlling the operation of the cool and warm dual system and comprising: a bottom housing and a top housing (see annotated Figure 4, above), a water tank 22 and a water pump 81 connected to the water tank 22 being provided in the bottom housing (Figure 5), a heater 33A being provided in the water tank 22 (Figure 5 and paragraph 0153, where the Peltier chip may be provided to heat and/or cool the fluid), accommodating slots being defined in and extending through two sidewalls of the water tank 33A along its width direction, respectively (see Figure 5 , where the Peltier elements 33A are positioned within the sidewall of the tank 22).
Saringer (U.S. Patent No. 5,895,418) teaches a bottom housing 24 and a top housing 28, a water tank 112 and a water pump 160 connected to the water tank 112 being provided in the bottom housing 24 (Figures 7a-b and Col. 7, lines 5-29), a thermoelectric unit 148 being provided in the water tank 112, a tank cover 110 being provided on the water tank 112, and a heating sealing gasket 158 being sandwiched between the tank cover 110 and the thermoelectric unit 148 (Figure 5, accommodating slots 114 being defined in and extending through two sidewalls of the water tank 112 along its width direction, respectively (Figures 5 and 6a-b, and Col. 7, lines 5-29), cooling end heat exchangers 148 being respectively accommodated in the accommodating slots 114 and extending into the water tank 112 (Figures 6a-b), outer sides of the cooling end heat exchangers 148 being respectively provided with a cooling plate 98 (Figure 3b), and outer sides of the cooling plates 98 being respectively provided with a semi-circular shaped heat sink 22 (Figure 3a and Col. 7, line 63-Col. 8, line 25), opposite sides of the two heat sinks 22 respectively defining an inclined notch 62 therein (defined by the inclined inner side walls of the heat sinks 22, Figure 3a), and cooling fans 50 matching with the notches 62 being respectively arranged in the notches 62, the cooling fans being set obliquely and attaching to the heat sinks, respectively (Figures 3a and 7a and Col. 6, lines 22-34).
None of the cited prior art, either alone or in combination, disclose, teach, or suggest wherein a sidewall of the bottom housing along a length direction of the water tank is provided with two first fixing plates that are spaced from each other, two sidewalls of the bottom housing along the width direction of the water tank each are provided with a second fixing plate that corresponds to the first fixing plates and abuts one side of the water tank, and third fixing plates are provided between the two first fixing plates, correspond to the second fixing plates, and abut another side of the water tank.
Ermalovich (U.S. Publication No. 2022/0232991) is cited as being of interest for disclosing wherein a sidewall of the bottom housing along a length direction of the water tank is provided with two first fixing plates that are spaced from each other (defined by the sidewalls on either end of inlet plenum extending perpendicularly to the outer walls of the housing, Figure 5 and paragraphs 0026 and 0027), and additional sidewalls 50 defining chambers 36, 38, and 42 (Figure 5 and paragraphs 0026-0027), but fails to disclose the claimed second and third fixing plates. Moreover, there would be no motivation to modify the bottom housing of Youngblood in view of Saringer to further include the claimed first, second, and third sidewalls, as the sidewalls are required to abut sides of the water tank. Saringer, cited above for its teaching of a water tank comprising a heating sealing gasket being sandwiched between the tank cover and the thermoelectric device, and cooling end heat exchangers being respectively accommodated in the accommodating slots of the tank cover (see discussion of claim 1, above). Saringer relies on direct thermal contact of the tank, the thermoelectric device and the fins of the heat sink to provide an efficient means of dissipating heat (see Saringer, Col. 3, line 53-Col. 4, line 4). Providing a sidewall or any physical barrier between these components would likely decrease the efficiency of heat transfer. As such, there is no disclosure, teaching, or suggestion in the prior art such that a rejection may reasonably be maintained. Claims 3-7 would additionally be allowable by virtue of their dependence on claim 1.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claims 10 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 10, Youngblood, as modified, discloses the subject matter as discussed above with regard to claim 8. Youngblood, as modified, does not disclose wherein a central axis of the cooling fan is inclined to a length direction and a width direction of the housing. Saringer, which is cited above for teaching a sloped second side 62 of the heat sink 22, notably does not orient its fans in the same inclined direction as the heat sink 22. This is because the plates of the heat sink 22 of Saringer alternate in orientation in a vertical direction, so that sloped sides of the heat sink of Saringer pass on both sides of the fan, which is oriented parallel to the cooling chamber 52. This orientation of the fan allows for airflow to pass onto both sides of the heat sink. If the fan were to be oriented in a sloped manner matching either of the sides of the plates, air flow would likely be greatly decreased to the side which is no longer facing the fan. Because of this there would be motivation to further modify the sloped heat sink arrangement of Saringer such that the fan is oriented in a sloped manner relative to the housing. As such, there is no disclosure, teaching, or suggestion in the prior art such that a rejection of claim 10 may reasonably be maintained.
Regarding claim 16, Youngblood, as modified, discloses the subject matter as discussed above with regards to claims 8 and 14. Youngblood, either alone or in combination with any of the above cited references does not explicitly disclose wherein a first fixing plate is provided inside the housing and abuts the heat sink, a second fixing plate is provided inside the housing and abuts the water tank, and the cooling fan is fixed between the first fixing plate and the second fixing plate. Claim 16 would be allowable for similar reasons discussed above with regard to claim 1.
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 ALISON N LABARGE whose telephone number is (571)272-6098. The examiner can normally be reached M-Th 6:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at 571-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALISON N LABARGE/Examiner, Art Unit 3673
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679