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 Objections
Claims 1-16 objected to because of the following informalities:
Claim 1, line 3 should have a comma after “a container interior” and in the last two lines of the c. clause should replace “a portion of the container outer surface” with “the portion of the container outer surface”.
Claim 8, line 3 should have a comma after “a container interior” and in the last two lines of the e. clause should replace “a portion of the container outer surface” with “the portion of the container outer surface”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites “An alternate embodiment container heating apparatus”. It is not clear what this is alternate to. Clarification is required.
Claims dependent thereon inherit the deficiencies of the respective base claim.
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.
Claims 1 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Cline (US 5,436,429) in view of Kim et al. (US 2020/0292118).
Regarding claim 1, Cline discloses a container heating apparatus (Figure 1, 10) to encompass a container (B) with a container outer surface (outside of bottle B) and an opposing container inner surface (interior surface of bottle B) that defines a container interior (defined by interior surface of bottle B) the container outer surface also having an outer surface perimeter (exterior of B which is wrapped in 11 in figure 1), with a fluid (infant formula) disposed within the container interior, wherein the fluid is heated (col. 3, ll. 37-42), said container heating apparatus comprising:
a) a first flexible elastomeric surrounding sidewall (Figure 4, 23 and 22) that is about a longitudinal axis (layer 23 and 22 wraps around the central axis of the bottle as shown in figure 1), said first flexible elastomeric surrounding sidewall having a first primary end portion (portion at 12 in figure 2) and an opposing first secondary end portion (portion at 13 in figure 2) with said longitudinal axis spanning therebetween (Figures 1 and 2), said first flexible elastomeric surrounding sidewall further including a first inner surface (Figure 4, surface facing 21 and 21a) and an opposing first outer surface (Figure 4, 15);
b) a flexible planar heating element (Figure 4, 21 and 21a) being formed into a second flexible elastomeric surrounding sidewall (21 and 21a) that is about a lengthwise axis (layer 21 and 21a wraps around the central axis of the bottle as shown in figure 1), said second flexible elastomeric surrounding sidewall having a second primary end portion (portion at 12 in figure 2) and an opposing second secondary end portion (portion at 13 in figure 2) with said lengthwise axis spanning therebetween (Figures 1 and 2, said second flexible elastomeric surrounding sidewall further including a second inner surface (Figure 4, facing 20) and an opposing second outer surface (Figure 4, facing 22), wherein said second outer surface is affixed to said first inner surface (Figure 4) with said longitudinal and said lengthwise axes being coincident to one another (Figure 1); and
c) a third flexible elastomeric surrounding sidewall (Figure 4, 20) that is about a longwise axis (layer 20 wraps around the central axis of the bottle as shown in figure 1), said third flexible elastomeric surrounding sidewall having a third primary end portion (portion at 12 in figure 2) and an opposing third secondary end portion (portion at 13 in figure 2) with said longwise axis spanning therebetween (Figures 1 and 2), said third flexible elastomeric surrounding sidewall further including a third inner surface (Figure 4, 14) and an opposing third outer surface (Figure 4, facing 21 and 21a), wherein said third outer surface is affixed to said second inner surface (Figure 4) with said longwise and said lengthwise axes being coincident to one another such that said first, second, and third elastomeric surrounding sidewalls form said container heating apparatus (Figures 1 and 4), wherein operationally said third inner surface is placed adjacent to a portion of the container outer surface wherein said third inner surface is manually positioned to partially encompass a portion of the container outer surface (Figure 1 shows the third inner surface 14 is placed adjacent the bottle and wraps around bottle B);
d) a first means for removable engagement (Figure 2, 17) disposed upon said first outer surface;
e) a second means for removable engagement (Figure 2, 16) disposed upon said third inner surface, wherein said first and second means for removable engagement are removably mated to one another to facilitate a partial overlap of said third inner surface in relation to said first outer surface to facilitate said container heating apparatus to partially encompass the container outer surface (Figure 1 show the partial overlap), wherein said first and second means for removable engagement are both constructed of a hook and loop fastener (col. 3, ll. 36-38) in the form of a first strip (17) for said first means for removable engagement and a second strip (16) for said second means for removable engagement, wherein said first strip has a first elongated axis (from left to right or 12 to 13 in figure 2) and said second strip has a second elongated axis (from left to right or 12 to 13 in figure 2), wherein said first and second elongated axes are both substantially perpendicular to said longwise axis (Figures 1 and 2 show the elongated axes are substantially perpendicular to the bottle central axis, which extends bottom to top of the figures), wherein operationally said first and second strips removably engage one another such that said first and second elongated axes are substantially co-incident to one another (Figure 1) however, allowing selectable engagement of said first and second strips along said first and second elongated axes to operationally accommodate a variable perimeter of the container outer surface perimeter to result in said third inner surface being fully adjacent to the container outer surface with a variable overlap of said third inner surface on top of said first outer surface (Figures 1 and 2 show the width of strips 17 and 16 accommodate a variable perimeter of the container B outer perimeter and variable overlap).
Cline is silent on f) a recessed channel that is disposed upon said third inner surface, said recessed channel is adapted to receive said second strip such that a substantially flat first plane is formed across both said third inner surface and said second strip to operationally facilitate said third inner surface to fully contact the container outer surface adjacent to said second strip to increase heat transfer from said flexible planar heating element to the container outer surface.
Kim teaches f) a recessed channel (Figure 3, the slot in which 31 slots in) that is disposed upon said third inner surface (Figure 3, back surface of 10, which is not shown in figure 3, better seen in figure 2), said recessed channel is adapted to receive said second strip (31) such that a substantially flat first plane is formed across both said third inner surface (In the system of Cline in view of Kim, when the apparatus is laid flat, the second strip and the inner surface form a substantially flat plane) and said second strip to operationally facilitate said third inner surface to fully contact the container outer surface adjacent to said second strip to increase heat transfer from said flexible planar heating element to the container outer surface (Figure 2).
Therefore it would have been obvious to one having ordinary skill in the art to modify Cline’s invention to include f) a recessed channel that is disposed upon said third inner surface, said recessed channel is adapted to receive said second strip such that a substantially flat first plane is formed across both said third inner surface and said second strip to operationally facilitate said third inner surface to fully contact the container outer surface adjacent to said second strip to increase heat transfer from said flexible planar heating element to the container outer surface in order to maintain contact between the two surfaces as suggested and taught by Kim in paragraph 64.
Regarding claim 5, Cline in view of Kim teach the invention as claimed and described above. Cline further teaches wherein said flexible planar heating element is constructed of a serpentine electrical resistance heating element (Figure 3 shows 21 is a serpentine electrical resistance heating element) supported by a flexible backing sheet (Figure 4, 21. 21 is flexible as seen in figure 1) to form said second elastomeric surrounding sidewall (Figure 4).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Cline (US 5,436,429) in view of Kim et al. (US 2020/0292118), and further in view of Zhao (US 5,302,807).
Regarding claim 6, Cline in view of Kim teach the invention as claimed and described above. Cline further teaches wherein said first flexible elastomeric surrounding sidewall is constructed of a flexible thermally insulative material (col. 3, ll. 25-35 describes 22 and 23 as insulative layer).
Cline is silent on the flexible thermally insulative material is selected from the group consisting of open cell foam, closed cell foam, air pocket sheeting, fleece, silicone, ceramic fiber, polyester, nylon, cotton, muslin, rubber, butyl, wool, fiberglass, and synthetic fiber.
Zhao teaches the flexible thermally insulative material is selected from the group consisting of open cell foam, closed cell foam, air pocket sheeting, fleece, silicone, ceramic fiber, polyester, nylon, cotton, muslin, rubber, butyl, wool, fiberglass, and synthetic fiber (col. 1, l. 63 describes the insulating layer 4 as polyurethane foam).
Therefore it would have been obvious to one having ordinary skill in the art to modify Cline in view of Kim’s invention to include the flexible thermally insulative material is selected from the group consisting of open cell foam, closed cell foam, air pocket sheeting, fleece, silicone, ceramic fiber, polyester, nylon, cotton, muslin, rubber, butyl, wool, fiberglass, and synthetic fiber in order to prevent heat escaping and thus saving energy as suggested and taught by Zhao in col. 2, ll. 41-45.
Regarding claim 7, Cline in view of Kim and Zhao teaches the invention as claimed and described above. Cline further discloses wherein said third flexible elastomeric surrounding sidewall is constructed of a flexible thermally conductive material that is selected from the group consisting of metal mesh fabrics, metalized weaving yarns, flexible metals, graphene prints, and graphite film (col. 3, ll. 23-25 describes 20 as a flexible metallic foil).
Claims 8-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Cline (US 5,436,429) in view of Harrison (US 4,725,717).
Regarding claim 8, Cline discloses an alternate embodiment container heating apparatus (See 112 section above; for purposes of examination this is assumed to mean a container heating apparatus. Figure 1, 10) to encompass a container (B) with a container outer surface (outside of bottle B) and an opposing container inner surface (interior surface of bottle B) that defines a container interior (defined by interior surface of bottle B) the container outer surface also having an outer surface perimeter (exterior of B which is wrapped in 11 in figure 1), with a fluid (infant formula) disposed within the container interior, wherein the fluid is heated (col. 3, ll. 37-42), said container heating apparatus comprising:
a) a flexible elastomeric surrounding sidewall cover (Figure 4, 23) that is about a longways axis (layer 23 wraps around the central axis of the bottle as shown in figure 1) said flexible elastomeric surrounding sidewall cover having a cover primary end portion (portion at 12 in figure 2) and an opposing cover secondary end portion (portion at 13 in figure 2) with said longways axis spanning therebetween (Figures 1 and 2), said flexible elastomeric surrounding sidewall cover further including a cover inner surface (Figure 4, surface facing 22) and an opposing cover outer surface (Figure 4, 15);
b) a first flexible elastomeric surrounding sidewall (Figure 4, 22) that is about a longitudinal axis (layer 22 wraps around the central axis of the bottle as shown in figure 1), said first flexible elastomeric surrounding sidewall having a first primary end portion (portion at 12 in figure 2) and an opposing first secondary end portion (portion at 13 in figure 2) with said longitudinal axis spanning therebetween (Figures 1 and 2), said first flexible elastomeric surrounding sidewall further including a first inner surface (Figure 4, surface facing 21 and 21a) and an opposing first outer surface (Figure 4, surface facing 23), wherein said first outer surface is affixed to said cover inner surface (Figure 4), with said longitudinal and said longways axes being coincident to one another (Figure 1);
d) a flexible planar heating element (Figure 4, 21 and 21a) being formed into a second elastomeric surrounding sidewall (Figure 4, 21 and 21a) that is about a lengthwise axis (layer 21 and 21a wraps around the central axis of the bottle as shown in figure 1), said second flexible elastomeric surrounding sidewall having a second primary end portion (portion at 12 in figure 2) and an opposing second secondary end portion (portion at 13 in figure 2) with said lengthwise axis spanning therebetween (Figures 1 and 2), said second flexible elastomeric surrounding sidewall further including a second inner surface (Figure 4, surface facing 20) and an opposing second outer surface (Figure 4, surface facing 22), wherein said second outer surface is affixed to the inner surface above (Figure 4) with said lengthways and said lengthwise axes being coincident to one another (Figure 1); and
e) a third flexible elastomeric surrounding sidewall (Figure 4, 20) that is about a longwise axis (layer 20 wraps around the central axis of the bottle as shown in figure 1), said third flexible elastomeric surrounding sidewall having a third primary end portion (portion at 12 in figure 2) and an opposing third secondary end portion (portion at 13 in figure 2) with said longwise axis spanning therebetween (Figures 1 and 2), said third flexible elastomeric surrounding sidewall further including a third inner surface (Figure 4, 14) and an opposing third outer surface (Figure 4, surface facing 21 and 21a), wherein said third outer surface is affixed to said second inner surface (Figure 4) with said longwise being coincident to one another (Figure 1) such that said cover, first, second, and third elastomeric surrounding sidewalls form said container heating apparatus (Figures 1 and 4), wherein operationally said third inner surface is placed adjacent to a portion of the container outer surface wherein said third inner surface is manually positioned to encompass a portion of the container outer surface (Figure 1 shows the third inner surface 14 is placed adjacent the bottle and wraps around bottle B).
Cline is silent on c) a reflective flexible elastomeric surrounding sidewall that is about a lengthways axis, said reflective flexible elastomeric surrounding sidewall having a reflective primary end portion and an opposing reflective secondary end portion with said lengthways axis spanning therebetween, said reflective flexible elastomeric surrounding sidewall further including a reflective inner surface and an opposing reflective outer surface, wherein said reflective outer surface is affixed to said first inner surface, with said lengthways and said longitudinal axes being coincident to one another; and the second outer surface is affixed to the reflective inner surface.
Harrison teaches c) a reflective flexible elastomeric surrounding sidewall (Figure 5, 50) that is about a lengthways axis (In the system of Cline in view of Harrison, this layer would wrap around the central axis of bottle B in figure 1 of Cline), said reflective flexible elastomeric surrounding sidewall having a reflective primary end portion (In the system of Cline in view of Harrison, portion at 12 in figure 2 of Cline) and an opposing reflective secondary end portion (In the system of Cline in view of Harrison, portion at 13 in figure 2 of Cline) with said lengthways axis spanning therebetween (In the system of Cline in view of Harrison, figures 1 and 2 of Cline), said reflective flexible elastomeric surrounding sidewall further including a reflective inner surface (Figure 6, lower surface of 50 facing 23) and an opposing reflective outer surface (Figure 6, upper surface of 50 facing 21), wherein said reflective outer surface is affixed to said first inner surface (Figure 6 shows the reflective outer surface is affixed to the inner, lower in the figure, surface of 21 via the adhesive 35), with said lengthways and said longitudinal axes being coincident to one another (In the system of Cline in view of Harrison, Figure 1 of Cline shows all the layers have coincident longitudinal axes through the center of the bottle B central axis); and the second outer surface is affixed to the reflective inner surface (Figure 6 shows the second outer surface, i.e. the upper surface in figure 6 of 23, is affixed to the reflective inner surface via adhesive 35).
Therefore it would have been obvious to one having ordinary skill in the art to modify Cline’s invention to include c) a reflective flexible elastomeric surrounding sidewall that is about a lengthways axis, said reflective flexible elastomeric surrounding sidewall having a reflective primary end portion and an opposing reflective secondary end portion with said lengthways axis spanning therebetween, said reflective flexible elastomeric surrounding sidewall further including a reflective inner surface and an opposing reflective outer surface, wherein said reflective outer surface is affixed to said first inner surface, with said lengthways and said longitudinal axes being coincident to one another; and the second outer surface is affixed to the reflective inner surface in order to prevent static electricity as suggested and taught by Harrison in col. 5, ll. 48-62.
Regarding claim 9, Cline in view of Harrison teach the invention as claimed and described above. Cline further teaches wherein said cover outer surface further comprises a first means for removable engagement (Figure 2, 17) and said third inner surface further comprises a second means for removable engagement (Figure 2, 16), wherein said first and second means for removable engagement are removably mated to one another to facilitate a partial overlap of said third inner surface in relation to said cover outer surface to facilitate said container heating apparatus to partially encompass the container outer surface (Figure 1 show the partial overlap).
Regarding claim 10, Cline in view of Harrison teach the invention as claimed and described above. Cline further teaches wherein said first and second means for removable engagement are both constructed of a hook and loop fastener (col. 3, ll. 36-38) in the form of a first strip (17) for said first means for removable engagement and a second strip (16) for said second means for removable engagement, wherein said first strip has a first elongated axis (from left to right or 12 to 13 in figure 2) and said second strip has a second elongated axis (from left to right or 12 to 13 in figure 2), wherein said first and second elongated axes are both substantially perpendicular to said longwise axis (Figures 1 and 2 show the elongated axes are substantially perpendicular to the bottle central axis, which extends bottom to top of the figures), wherein operationally said first and second strips removably engage one another such that said first and second elongated axes are substantially co-incident to one another (Figure 1) however, allowing selectable engagement of said first and second strips along said first and second elongated axes to operationally accommodate a variable perimeter of the container outer surface perimeter to result in said third inner surface being fully adjacent to the container outer surface with a variable overlap of said third inner surface on top of said cover outer surface (Figures 1 and 2 show the width of strips 17 and 16 accommodate a variable perimeter of the container B outer perimeter and variable overlap).
Regarding claim 12, Cline in view of Harrison teach the invention as claimed and described above. Cline further teaches wherein said flexible planar heating element is constructed of a serpentine electrical resistance heating element (Figure 3 shows 21 is a serpentine electrical resistance heating element) supported by a flexible backing sheet (Figure 4, 21. 21 is flexible as seen in figure 1) to form said second elastomeric surrounding sidewall (Figure 4).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Cline (US 5,436,429) in view of Harrison (US 4,725,717), and further in view of Kim et al. (US 2020/0292118).
Regarding claim 11, Cline in view of Harrison discloses all the essential features of the invention as claimed and described above except wherein said third inner surface further comprises a recessed channel that is adapted to receive said second strip such that a substantially flat first plane is formed across both said third inner surface and said second strip to operationally facilitate said third inner surface to fully contact the container outer surface adjacent to said second strip to increase heat transfer from said flexible planar heating element to the container outer surface.
Kim teaches wherein said third inner surface (Figure 3, back surface of 10, which is not shown in figure 3, better seen in figure 2) further comprises a recessed channel (Figure 3, the slot in which 31 slots in) that is adapted to receive said second strip (31) such that a substantially flat first plane is formed across both said third inner surface (In the system of Cline in view of Kim, when the apparatus is laid flat, the second strip and the inner surface form a substantially flat plane) and said second strip to operationally facilitate said third inner surface to fully contact the container outer surface adjacent to said second strip to increase heat transfer from said flexible planar heating element to the container outer surface (Figure 2).
Therefore it would have been obvious to one having ordinary skill in the art to modify Cline in view of Harrison’s invention to include wherein said third inner surface further comprises a recessed channel that is adapted to receive said second strip such that a substantially flat first plane is formed across both said third inner surface and said second strip to operationally facilitate said third inner surface to fully contact the container outer surface adjacent to said second strip to increase heat transfer from said flexible planar heating element to the container outer surface in order to maintain contact between the two surfaces as suggested and taught by Kim in paragraph 64.
Claims 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Cline (US 5,436,429) in view of Harrison (US 4,725,717), and further in view of Zhao (US 5,302,807).
Regarding claim 13, Cline in view of Harrison teach all the essential features of the invention as claimed and described above except wherein said flexible elastomeric surrounding sidewall cover is constructed of a flexible liquid proof material that is selected from the group consisting of vinyl, nylon, coated fabric, laminated fabric, synthetic fabric, polyester, polyurethane, oiled fabric, latex, rubber, waxed fabric, and polytetrafluoroethylene.
Zhao teaches wherein said flexible elastomeric surrounding sidewall cover is constructed of a flexible liquid proof material that is selected from the group consisting of vinyl, nylon, coated fabric, laminated fabric, synthetic fabric, polyester, polyurethane, oiled fabric, latex, rubber, waxed fabric, and polytetrafluoroethylene (col. 1, l. 64 describes the outer layer as made of a synthetic fabric).
Therefore it would have been obvious to one having ordinary skill in the art to modify Cline’s invention to include wherein said flexible elastomeric surrounding sidewall cover is constructed of a flexible liquid proof material that is selected from the group consisting of vinyl, nylon, coated fabric, laminated fabric, synthetic fabric, polyester, polyurethane, oiled fabric, latex, rubber, waxed fabric, and polytetrafluoroethylene in order to prevent heat escaping and thus saving energy as suggested and taught by Zhao in col. 2, ll. 41-45.
Regarding claim 14, Cline in view of Harrison and Zhao teach the invention as claimed and described above. Cline further teaches wherein said first flexible elastomeric surrounding sidewall is constructed of a flexible thermally insulative material (col. 3, ll. 25-35 describes 22 and 23 as insulative layer). Zhao further teaches the flexible thermally insulative material is selected from the group consisting of open cell foam, closed cell foam, air pocket sheeting, fleece, silicone, ceramic fiber, polyester, nylon, cotton, muslin, rubber, butyl, wool, fiberglass, and synthetic fiber (col. 1, l. 63 describes the insulating layer 4 as polyurethane foam).
Regarding claim 15, Cline in view of Harrison and Zhao teach the invention as claimed and described above. Harrison teaches wherein said reflective flexible elastomeric surrounding sidewall is constructed of a reflective material (col. 5, ll. 50-51 describes 50 is a metallic sheet); however Harrison is silent on the type of metal. Zhao further teaches wherein said reflective flexible elastomeric surrounding sidewall is constructed of a reflective material that is selected from the group consisting of foil, foil mesh, mylar, silver, aluminum, aluminized fabric, cellophane, reflective paint on fabric, glass beads on fabric, PVC fabric, metalized film, and reflective vinyl (Col. 2, l. 19 describes aluminum foil. In the system of Cline in view of Harrison and Zhao, the reflective metal is made of aluminum foil).
Regarding claim 16, Cline in view of Harrison and Zhao teaches the invention as claimed and described above. Cline further discloses wherein said third flexible elastomeric surrounding sidewall is constructed of a flexible thermally conductive material that is selected from the group consisting of metal mesh fabrics, metalized weaving yarns, flexible metals, graphene prints, and graphite film (col. 3, ll. 23-25 describes 20 as a flexible metallic foil).
Response to Arguments
Applicant's arguments filed 2/3/2026 have been fully considered but they are not persuasive.
Regarding the argument on pages 14-15 about the 112(b) rejection. It appears that independent claim 8 is somehow referencing independent claim 1 or as described in the arguments referencing the different embodiments described in the specification. Examiner reminds Applicant that the claims should stand on their own. This argument is not persuasive.
Regarding the argument on pages 15-16 that Cline does not teach amended claim 1. This is a moot point as Kim teaches all the limitations specifically discussed.
Regarding the arguments on pages 17-18, Applicant argues that Kim does not teach a channel because Kim does not specifically use the word channel. Kim clearly shows a channel in figure 3 as described above. This argument is not persuasive. Applicant goes on to say that Kim “does not teach the Applicant’s single recessed open channel 285 as shown in Applicant’s Figure 14”. This limitation is not described in the claim and is thus a moot point. Applicant then goes on to argue Kim teaches “a tortuous path for restricting heat transfer (see Kim paragraphs 78, 79) being just the opposite of the Applicant's single recessed open channel 285 with a single strip 245 that is designed to enhance heat transfer via maximizing contact (non-tortuous path) of the third inner surface 180 to the container outer surface 60 without direct attachment, or from the heating element 300 to the container outer surface 60, thus we have a difference in the "principal of operation" that is taught in Kim versus what is claimed by the Applicant”. Applicant appears to be misreading the reference. Kim is preventing heat transfer between the heating element and the outside air so that all of the heat transfer can be between the heating element and the pipe, see paragraph 79: “When heat loss through an area between the pair of longitudinal cutting planes 12 is reduced, temperature uniformity of the outer surface of the pipe 201 is improved and the heating wire 21 may be installed adjacent to the longitudinal cutting planes 12.” This argument is not persuasive.
Applicant argues on pages 19-20 that Cline in view of Zhao do not teach claims 6 and 7 because of the amendments to claim 1. This is a moot point as Cline in view of Kim and Zhao are used to teach claims 6 and 7.
Applicant argues on pages 20-22 that Harrison does not use the word “reflective”. Harrison teaches metal sheets, and metal is reflective. Applicant goes on to argue that “Harrison not teaching the metallic sheets 50, 51 to be uni-directional heat transfer reflectors”. This limitation is not claimed, so this argument is moot.
Applicant argues on pages 22-27 that the rejections to all the claims dependent on claim 8 should be overcome by the amendment to claim 8. As described above, this is not persuasive.
Pages 28-35 appear to recite Applicant’s understanding of the cited references and the law, with no arguments presented. Pages 35-36 appear to be a summary of the previous arguments.
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.
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/KATHERYN A MALATEK/ Primary Examiner, Art Unit 3741