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
Claims 14 and 15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/04/2026. Claims 1-13 and 16-20 have been considered below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/10/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Inventorship
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Specification
The disclosure is objected to because of the following informalities:
“The voltage regulator 820” (Pg. 34, line 2), should read “the power regulator 820.”
Appropriate correction is required.
The use of the term “Bluetooth”, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore, the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
The use of the term “Wi-Fi”, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore, the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
The use of the term “Zigbee”, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore, the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
The use of the term “PlayStore”, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore, the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
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.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not 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 not 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 function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“A wearable electronic device” in claim 1 (line 4) and claim 16 (line 21). This limitation uses the generic placeholder “device” (Prong A); the term “device” is modified by functional language “wearable electronic” (Prong B); and the term “device” is not modified by sufficient structures, materials or acts for performing the claimed function (Prong C). Therefore, this limitation invokes 35 U.S.C. 112(f). For examination purposes, the limitation “a wearable electronic device” will be interpreted as “a head-mounted devices (HMD), a glasses-type devices, contact lens-type devices, a ring-type devices, and a smart watches (or bands)” and equivalents, as indicated by: “wearable electronic devices such as a head- mounted devices (HMD), a glasses-type devices, contact lens-type devices, a ring-type devices, and a smart watches (or bands) are provided” (Pg. 1, lines 18-20).
“At least one thermoelectric module” in claim 1 (line 8) and claim 16 (line 25). This limitation uses the generic placeholder “module” (Prong A); the term “module” is modified by functional language “thermoelectric” (Prong B); and the term “module” is not modified by sufficient structures, materials or acts for performing the claimed function (Prong C). Therefore, this limitation invokes 35 U.S.C. 112(f). For examination purposes, the limitation “at least one thermoelectric module” will be interpreted as “a Peltier element” and equivalents, as indicated by: “the at least one thermoelectric module may include a Peltier element” (Pg. 36, lines 11-12).
“A heat radiating member” in claim 1 (line 10 and line 14). This limitation uses the generic placeholder “member” (Prong A); the term “member” is modified by functional language “radiating” (Prong B); and the term “member” is not modified by sufficient structures, materials or acts for performing the claimed function (Prong C). Therefore, this limitation invokes 35 U.S.C. 112(f). For examination purposes, the limitation “a heat radiating member” will be interpreted as “a graphite sheet, a vapor chamber, and a heat pipe” and equivalents, as indicated by: “the heat radiating member may include at least one of a graphite sheet, a vapor chamber, and a heat pipe” (Pg. 36, lines 20-21).
“A first thermoelectric module” in claim 12 (line 31). This limitation uses the generic placeholder “module” (Prong A); the term “module” is modified by functional language “thermoelectric” (Prong B); and the term “module” is not modified by sufficient structures, materials or acts for performing the claimed function (Prong C). Therefore, this limitation invokes 35 U.S.C. 112(f). For examination purposes, the limitation “a first thermoelectric module” will be interpreted as any device that can use electrical energy to create a temperature difference, and equivalents.
“A second thermoelectric module” in claim 12 (line 32). This limitation uses the generic placeholder “module” (Prong A); the term “module” is modified by functional language “thermoelectric” (Prong B); and the term “module” is not modified by sufficient structures, materials or acts for performing the claimed function (Prong C). Therefore, this limitation invokes 35 U.S.C. 112(f). For examination purposes, the limitation “a second thermoelectric module” will be interpreted as any device that can use electrical energy to create a temperature difference, and equivalents.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 12 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 12 recites “a first thermoelectric module” in line 12. There is insufficient description for “a first thermoelectric module” and what it encompasses. “A first thermoelectric module” is being interpreted as any device that can use electrical energy to create a temperature difference.
Claim 12 recites “a second thermoelectric module” in line 32. There is insufficient description for “a second thermoelectric module” and what it encompasses. “A second thermoelectric module” is being interpreted as any device that can use electrical energy to create a temperature difference.
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 12, 16, and 18 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 12 recites “a first thermoelectric module” in line 31. There is insufficient description for “a first thermoelectric module” and what it encompasses. Due to the lack of description for “a first thermoelectric module” and what it encompasses, the structure is unclear. “A first thermoelectric module” is being interpreted as any device that can use electrical energy to create a temperature difference.
Claim 12 recites “a second thermoelectric module” in line 32. There is insufficient description for “a second thermoelectric module” and what it encompasses. Due to the lack of description for “a second thermoelectric module” and what it encompasses, the structure is unclear. “A second thermoelectric module” is being interpreted as any device that can use electrical energy to create a temperature difference.
Claim 16 recites the limitation "the at least one thermoelectric module" in line 25. There is insufficient antecedent basis for this limitation in the claim. It is unclear if the applicant intends to claim dependence on “the at least one thermoelectric module” previously established in the first set of independent claims (Claims 1-13), or if the applicant intends to state an independent “at least one thermoelectric module” for the latter claim set (claims 16-20).
Claim 18 recites the limitation "the at least one thermoelectric module" in line 32. There is insufficient antecedent basis for this limitation in the claim. It is unclear if the applicant intends to claim dependence on “the at least one thermoelectric module” previously established in the first set of independent claims (Claims 1-13), or if the applicant intends to state an independent “at least one thermoelectric module” for the latter claim set (claims 16-20).
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5-7, 9, 13, 16-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dillow et al. (U.S. 20190346893), hereinafter Dillow.
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Figure 9A (Dillow)
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Figure 9B (Dillow)
Regarding claim 1, Dillow discloses a case device (Annotated Fig. 1, “mobile device temperature regulating case 601” [0033]) for a wearable electronic device (Annotated Fig. 1, “mobile device 602” [0033]), comprising:
a housing (Annotated Fig. 1, “housing 612, 620” [0033]) including an internal space for receiving a wearable electronic device (Annotated Fig. 1, “Internal Space”);
a communication interface (Annotated Fig. 1, “control circuit board 608” and “mobile device connector 615” [0037]) configured to communicably couple with the wearable electronic device (Annotated Fig. 1, “Mobile device connector 615 may comprise a mechanical connector to the mobile device 602, such as a USB connector to the mobile device 602. Mobile device connector, though illustrated in FIG. 6A as positioned separate from control electronics circuit board 608, communicates with control electronics circuit board 608 (such as sending power from battery 610, via control electronics circuit board 608, to the mobile device 602)” [0037]);
at least one accommodating groove (Annotated Fig. 1, “First Accommodating Groove” or “Second Accommodating Groove”) formed on an interior surface (Annotated fig. 1 “housing 614” [0033]) of the housing;
at least one thermoelectric module (“Annotated Fig. 1, “solid-state heat pump 604” [0022]) disposed in the internal space and partially exposed (Annotated Fig. 1, “housing opening 616” [0034]) through the at least one accommodating groove (Annotated Fig. 1, “First Accommodating Groove” or “Second Accommodating Groove”);
a heat radiating member (Annotated Fig. 1, “heat sink 630” [0033]) disposed adjacent to the at least one thermoelectric module;
a battery (Annotated Fig. 1, “battery 610” [0033]) disposed inside the housing; and
at least one processor (Annotated Fig. 1, “controller 609/processor 1002” [0036]; “he controller may include embedded memory and/or interact with external memory, and can take one of several forms, one of which is a processor 1002” [0036]) electrically coupled to the communication interface (Annotated Fig. 2, “the controller may include embedded memory and/or interact with external memory, and can take one of several forms, one of which is a processor 1002” [0036]), the at least one thermoelectric module, the heat radiating member (Annotated Fig. 1, “Temperature sensor 613 may comprise a thermistor, a thermocouple, or the like. For example, flow diagrams 9A-B may be implemented via controller 609 in order to control solid-state heat pump 604 and fan 606” [0037]), and the battery (Annotated Fig. 1, “Mobile device connector, though illustrated in FIG. 6A as positioned separate from control electronics circuit board 608, communicates with control electronics circuit board 608 (such as sending power from battery 610, via control electronics circuit board 608, to the mobile device 602)” [0037]), wherein the at least one processor is configured to:
acquire a state information of the wearable electronic device (Dillow’s Fig. 9A “temperature of the exterior surface of the mobile device” [0047]), and
control the at least one thermoelectric module according to the acquired state information of the wearable electronic device (Dillow’s Fig. 9A and 9B, “At 902, the controller of the mobile device temperature regulating case determines, via a temperature sensor, such as temperature sensor 613, whether the temperature of an exterior surface of the mobile device is above a predetermined high temperature. If not, at 904, the controller turns off the cooling (e.g., controls the Peltier cooling device so that it is either not activated or, if currently operating, turned off)” [0047]; “As discussed above, multiple cooling devices and/or multiple heating devices may be used in the mobile device temperature regulating case. In such an instance, the controller may control the multiple cooling devices and/or multiple heating devices. For example, with regard to cooling, the controller may control the multiple cooling devices in unison in which all of the cooling devices are turned on or off in combination. As another example, the controller may control the multiple cooling devices individually in which the controller controls each of the cooling devices separately. FIG. 9B illustrates one example of the controller controlling multiple cooling devices as illustrated in flow diagram 950. At 952, the controller determines whether the temperature is greater than a first predetermined temperature. If so, at 954, the controller turns on multiple Peltier cooling devices. If not, at 956, the controller determines whether the temperature is greater than a second predetermined temperature, which is less than the first predetermined temperature. If so, at 958, the controller turns on only a single Peltier cooling device. If not, flow diagram 950 loops back to 952 [0048-0049]).
Regarding claim 2, Dillow further discloses wherein the state information of the wearable electronic device includes a temperature of the wearable electronic device (Dillow’s Fig. 9A “temperature of the exterior surface of the mobile device” [0047]).
Regarding claim 3, Dillow further discloses wherein the at least one processor is further configured to:
deactivate the at least one thermoelectric module when the temperature information of the wearable electronic device is less than or equal to a prespecified temperature threshold (Dillow’s Fig. 9A and 9B, “predetermined high temperature” [0047]; “At 902, the controller of the mobile device temperature regulating case determines, via a temperature sensor, such as temperature sensor 613, whether the temperature of an exterior surface of the mobile device is above a predetermined high temperature. If not, at 904, the controller turns off the cooling (e.g., controls the Peltier cooling device so that it is either not activated or, if currently operating, turned off)” [0047]; “As discussed above, multiple cooling devices and/or multiple heating devices may be used in the mobile device temperature regulating case. In such an instance, the controller may control the multiple cooling devices and/or multiple heating devices. For example, with regard to cooling, the controller may control the multiple cooling devices in unison in which all of the cooling devices are turned on or off in combination. As another example, the controller may control the multiple cooling devices individually in which the controller controls each of the cooling devices separately. FIG. 9B illustrates one example of the controller controlling multiple cooling devices as illustrated in flow diagram 950. At 952, the controller determines whether the temperature is greater than a first predetermined temperature. If so, at 954, the controller turns on multiple Peltier cooling devices. If not, at 956, the controller determines whether the temperature is greater than a second predetermined temperature, which is less than the first predetermined temperature. If so, at 958, the controller turns on only a single Peltier cooling device. If not, flow diagram 950 loops back to 952 [0048-0049]).
Regarding claim 5, Dillow further discloses wherein the case device further includes at least one temperature sensor (Annotated Fig. 1, “temperature sensor 613” [0036]), and
wherein the temperature of the wearable electronic device when disposed in the internal space is acquired via the at least one temperature sensor (Dillow’s Fig. 9A, “At 902, the controller of the mobile device temperature regulating case determines, via a temperature sensor, such as temperature sensor 613, whether the temperature of an exterior surface of the mobile device is above a predetermined high temperature. If not, at 904, the controller turns off the cooling (e.g., controls the Peltier cooling device so that it is either not activated or, if currently operating, turned off)” [0047]).
Regarding claim 6, Dillow further discloses wherein the at least one temperature sensor is disposed proximate to the at least one thermoelectric module (Annotated Fig. 1, “FIG. 6A illustrates a cross-sectional side view of the mobile device temperature regulating case and the mobile device [0010]).
Regarding claim 7, Dillow further discloses wherein the at least one processor is further configured to:
acquire a battery state information (Annotated Fig. 1“power from battery” [0037]) of the case device (Annotated Fig. 1 “Controller 609, which may work in combination with memory 611 and temperature sensor 613, is configured to control the various electronics in the mobile device temperature regulating case” [0036]; “Mobile device connector, though illustrated in FIG. 6A as positioned separate from control electronics circuit board 608, communicates with control electronics circuit board 608 (such as sending power from battery 610, via control electronics circuit board 608, to the mobile device 602). In one implementation, the mobile device temperature regulating case 601 may be configured to charge the mobile device 602, such as charging the mobile device 602 using battery 610 via mobile device connector 615. In this regard, in one implementation, battery 610 may power the electronics resident in mobile device temperature regulating case 601 (such as solid-state heat pump 604 and fan 606) and recharge the mobile device 602” [0037]), and
control the at least one thermoelectric module, based on at least one of the state information of the wearable device (Annotated Fig. 1 “the controller of the mobile device temperature regulating case determines, via a temperature sensor, such as temperature sensor 613, whether the temperature of an exterior surface of the mobile device is above a predetermined high temperature. If not, at 904, the controller turns off the cooling (e.g., controls the Peltier cooling device so that it is either not activated or, if currently operating, turned off)” [0047]) or the battery state information of the case device (Annotated Fig. 1 “In this regard, in one implementation, battery 610 may power the electronics resident in mobile device temperature regulating case 601 (such as solid-state heat pump 604 and fan 606) and recharge the mobile device 602” [0037]).
Regarding claim 9, Dillow further discloses wherein the housing includes at least one first opening (Annotated Fig. 1, “housing opening 616” [0034]) passing through at least one surface of the housing (Annotated Fig. 1 “housing 614” [0033]).
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Annotated Fig. 3 (Dillow)
Regarding claim 13, Dillow further discloses wherein the at least one thermoelectric module includes a Peltier element (Annotated Fig. 3 “Peltier cooling devices 662” [0040]; “For example, the solid-state heat pump may comprise a Peltier device, which includes a cooler side and a warmer side. The cooler side of the Peltier device conductively cools the surface of the mobile device, being in thermal contact with the surface of the mobile device, such as directly contacting the exterior surface of the mobile device or contacting the exterior surface of the mobile device via an intermediate metal film. The warmer side of the Peltier device has a heat sink connected thereto” [0022]).
Regarding claim 16, Dillow discloses a method for operating a case device (Annotated Fig. 1, “mobile device temperature regulating case 601” [0033]) for a wearable electronic device (Annotated Fig. 1, “mobile device 602” [0033]), the method comprising:
acquiring a state information of the wearable electronic device (Annotated Fig. 1 “temperature of the exterior surface of the mobile device” [0047]) accommodated in the case device (Annotated Fig. 1, “Housing 612 is configured to contact one or more exterior sides of mobile device 602” [0033]); and
controlling the at least one thermoelectric module (“Annotated Fig. 1, “solid-state heat pump 604” [0022]), based on the acquired state information of the wearable electronic device (Dillow’s Figs. 9A and 9B, “At 902, the controller of the mobile device temperature regulating case determines, via a temperature sensor, such as temperature sensor 613, whether the temperature of an exterior surface of the mobile device is above a predetermined high temperature. If not, at 904, the controller turns off the cooling (e.g., controls the Peltier cooling device so that it is either not activated or, if currently operating, turned off)” [0047]; “As discussed above, multiple cooling devices and/or multiple heating devices may be used in the mobile device temperature regulating case. In such an instance, the controller may control the multiple cooling devices and/or multiple heating devices. For example, with regard to cooling, the controller may control the multiple cooling devices in unison in which all of the cooling devices are turned on or off in combination. As another example, the controller may control the multiple cooling devices individually in which the controller controls each of the cooling devices separately. FIG. 9B illustrates one example of the controller controlling multiple cooling devices as illustrated in flow diagram 950. At 952, the controller determines whether the temperature is greater than a first predetermined temperature. If so, at 954, the controller turns on multiple Peltier cooling devices. If not, at 956, the controller determines whether the temperature is greater than a second predetermined temperature, which is less than the first predetermined temperature. If so, at 958, the controller turns on only a single Peltier cooling device. If not, flow diagram 950 loops back to 952 [0048-0049]).
Regarding claim 17, Dillow further discloses wherein the state information of the wearable electronic device includes a temperature information of the wearable electronic device (Annotated Fig. 1 “temperature of the exterior surface of the mobile device” [0047]).
Regarding claim 18, Dillow further discloses deactivating the at least one thermoelectric module when the temperature information of the wearable electronic device is equal to or less than a prespecified temperature threshold (Dillow’s Figs. 9A and 9B, “predetermined high temperature” [0047]; “At 902, the controller of the mobile device temperature regulating case determines, via a temperature sensor, such as temperature sensor 613, whether the temperature of an exterior surface of the mobile device is above a predetermined high temperature. If not, at 904, the controller turns off the cooling (e.g., controls the Peltier cooling device so that it is either not activated or, if currently operating, turned off)” [0047]; “As discussed above, multiple cooling devices and/or multiple heating devices may be used in the mobile device temperature regulating case. In such an instance, the controller may control the multiple cooling devices and/or multiple heating devices. For example, with regard to cooling, the controller may control the multiple cooling devices in unison in which all of the cooling devices are turned on or off in combination. As another example, the controller may control the multiple cooling devices individually in which the controller controls each of the cooling devices separately. FIG. 9B illustrates one example of the controller controlling multiple cooling devices as illustrated in flow diagram 950. At 952, the controller determines whether the temperature is greater than a first predetermined temperature. If so, at 954, the controller turns on multiple Peltier cooling devices. If not, at 956, the controller determines whether the temperature is greater than a second predetermined temperature, which is less than the first predetermined temperature. If so, at 958, the controller turns on only a single Peltier cooling device. If not, flow diagram 950 loops back to 952 [0048-0049]).
Regarding claim 20, Dillow further discloses wherein the case device further includes at least one temperature sensor (Annotated Fig. 1, “temperature sensor 613” [0036]), and wherein the state information of the wearable electronic device is acquired through the at least one temperature sensor (Dillow’s Figs. 9A and 9B, “At 902, the controller of the mobile device temperature regulating case determines, via a temperature sensor, such as temperature sensor 613, whether the temperature of an exterior surface of the mobile device is above a predetermined high temperature. If not, at 904, the controller turns off the cooling (e.g., controls the Peltier cooling device so that it is either not activated or, if currently operating, turned off)” [0047]; “As discussed above, multiple cooling devices and/or multiple heating devices may be used in the mobile device temperature regulating case. In such an instance, the controller may control the multiple cooling devices and/or multiple heating devices. For example, with regard to cooling, the controller may control the multiple cooling devices in unison in which all of the cooling devices are turned on or off in combination. As another example, the controller may control the multiple cooling devices individually in which the controller controls each of the cooling devices separately. FIG. 9B illustrates one example of the controller controlling multiple cooling devices as illustrated in flow diagram 950. At 952, the controller determines whether the temperature is greater than a first predetermined temperature. If so, at 954, the controller turns on multiple Peltier cooling devices. If not, at 956, the controller determines whether the temperature is greater than a second predetermined temperature, which is less than the first predetermined temperature. If so, at 958, the controller turns on only a single Peltier cooling device. If not, flow diagram 950 loops back to 952 [0048-0049]).
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Dillow in view of Ashwood et al. (U.S. 20180136491), hereinafter Ashwood.
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Figure 4 (Ashwood)
Regarding claim 8, Dillow does not expressly disclose wherein the heat radiating member includes at least one of a graphite sheet, a vapor chamber, or a heat pipe. However, Dillow does teach wherein the heat radiating member includes at least one of a heat sink (Annotated Fig. 1, “heat sink 630” [0033]).
However, Ashwood teaches wherein the heat radiating member (Ashwood’s Fig. 4 “heat spreader 220” [0048]) includes at least one of a graphite sheet (Ashwood’s Fig. 4, “graphite heat sink” [0048]), a vapor chamber, or a heat pipe (Ashwood’s Fig. 4, “heat pipe” [0048]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have substituted Dillow’s heat sink (Annotated Fig. 1, “heat sink 630” [0033]) with the Ashwood’s heat pipe (Ashwood’s Fig. 4, “heat pipe” [0048]), because the substitution of one known heat radiating member for another would have yielded predictable results of radiating heat within a case of a wearable electronic device. KSR International Co. v. Teleflex Inc., 550 US 398, 82 USPQ2d 1385 (2007).
Claims 4, 10, 11, 12, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Dillow (U.S. 20190346893) in view of Pine (U.S. 20200382151).
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Figure 19 (Pine)
Regarding claim 4, Dillow does not expressly disclose wherein the state information of the wearable electronic device is acquired by receiving a transmission from the wearable electronic device via the communication interface.
However, Pine teaches wherein the state information of the wearable electronic device (Pine’s Fig. 19, “internal temperatures” [0044]) is acquired by receiving a transmission from the wearable electronic device (Pine’s Fig. 19, “mobile device 10/180” [0044]) via the communication interface (Pine’s Fig. 19, “fan/peltier controller 194” [0044]). (Pine’s Fig. 19, “The mobile device 10 has thermal sensors internally that can monitor the CPU/GPU 142, battery 141 and other temperatures. Software within the mobile device 10 can monitor those internal temperatures, compare them to set thresholds for when the mobile device 10 components are too hot or too cold, and communicate to the fan/peltier controller 194 to trigger the appropriate switching I/O to cycle the heating/cooling peltier device 193. Once the internal temperatures of the mobile device 10 components are back to a safe operating temperature, the software can communicate to the fan/peltier controller 194 to trigger the appropriate O/O to disable and reset the heating/cooling peltier device 193” [0044]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dillow to incorporate the teachings of Pine to have the state information of the wearable electronic device is acquired by receiving a transmission from the wearable electronic device via the communication interface. Doing so allows for internal temperature readings from the wearable electronic device, resulting in more accurate temperature readings of the wearable electronic device and prevention of components from overheating, as recognized by Pine, “By using temperatures of the components most sensitive to heat damage instead of external device temperatures the components of mobile device 10 are less likely to degrade and fail from temperature extremes” [0044].
Regarding claim 10, Dillow does not expressly disclose wherein the state information of the wearable electronic device includes a temperature information of a first leg portion and a second leg portion of the wearable electronic device.
However, Pine teaches wherein the state information of the wearable electronic device (Pine’s Fig. 19, “mobile device 10/180” [0044]) includes a temperature information of a first leg portion and a second leg portion of the wearable electronic device (Pine’s Fig. 19, “The mobile device 10 has thermal sensors internally that can monitor the CPU/GPU 142, battery 141 and other temperatures” [0044]).
Regarding claim 10, claim 10 recites, “of a first leg portion" and “of a second leg portion.” The "first leg portion" and “second leg portion” of claim 10 are not positively-recited structure of the system of the case device of claim 10. MPEP 2115 states, "[a] claim is only limited by positively recited elements. Thus, '[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims.' In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935)." Dillow in view of Pine disclose the structure of the system of claim 10 and therefore disclose all of the positively-recited structure of claim 10 and claim 1.
In addition to structural limitations, claim 10 recites functional limitations drawn toward the intended use or manner of operating the claimed apparatus. The functional limitations are: “of a first leg portion” and ”of a second leg potion.” When the cited prior art teaches all of the positively recited structure of the claimed apparatus, it will be held that the prior art apparatus is capable of performing all of the claimed functional limitations of the claimed apparatus. The courts have held that: (1) "apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), and (2) a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). MPEP § 2114.
Examiner note: Pine teaches multiple thermal sensors capable of obtaining a state of information of the wearable electronic device, and Pine teaches that the state of information comprises multiple different temperatures. Thus, Pine teaches the state information of the wearable electronic device includes a temperature information of a first leg portion and a second leg portion of the wearable electronic device. However, as stated above the implementation of the temperature information within a first leg potion and a second leg portion of the electronic device is an intended use of the thermal sensors and the temperature information, and the first leg and second leg portions of the wearable device are not positively recited elements of the case device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dillow to incorporate the teachings of Pine to have the state information of the wearable electronic device include multiple temperature informations. Doing so allows for monitoring of temperatures of components most sensitive to heat damage or components most prone to overheating, this is beneficial to the user so as to prevent their wearable electronic device from becoming damaged, as recognized by Pine “By using temperatures of the components most sensitive to heat damage instead of external device temperatures the components of mobile device 10 are less likely to degrade and fail from temperature extremes” [0044].
Regarding claim 11, Dillow discloses wherein the at least one accommodating groove includes a first accommodating groove (Annotated Fig. 1, “First Accommodating Groove”) formed on the interior surface (Annotated Fig. 1 “housing 614” [0033]), in which the first leg portion is insertable, and a second accommodation groove (Annotated Fig. 1, “Second Accommodating Groove”) formed on the interior surface (Annotated Fig. 1 “housing 614” [0033]), into which the second leg portion is insertable.
In addition to structural limitations, claim 11 recites functional limitations drawn toward the intended use or manner of operating the claimed apparatus. The functional limitations are: “in which the first leg portion is insertable” and “into which the second leg portion is insertable.” When the cited prior art teaches all of the positively recited structure of the claimed apparatus, it will be held that the prior art apparatus is capable of performing all of the claimed functional limitations of the claimed apparatus. The courts have held that: (1) "apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), and (2) a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). MPEP § 2114.
Regarding claim 12, Dillow discloses wherein the at least one thermoelectric module includes a first thermoelectric module (Annotated Fig. 1, “First Thermoelectric Module”) disposed to be partially exposed through the first accommodating groove and a second thermoelectric module (Annotated Fig. 1, “Second Thermoelectric Module”) disposed to be partially exposed through the second accommodating groove, and
wherein the at least one processor is further configured to control the first thermoelectric module and the second thermoelectric module (Dillow’s Fig. 9B “FIG. 9B illustrates one example of the controller controlling multiple cooling devices as illustrated in flow diagram 950. At 952, the controller determines whether the temperature is greater than a first predetermined temperature. If so, at 954, the controller turns on multiple Peltier cooling devices. If not, at 956, the controller determines whether the temperature is greater than a second predetermined temperature, which is less than the first predetermined temperature. If so, at 958, the controller turns on only a single Peltier cooling device)” [0049]).
Dillow does not explicitly disclose control the first thermoelectric module and the second thermoelectric module, based on at least one of the state information of the case device or the temperature information of the first leg portion and the second leg portion of the wearable electronic device.
However, Pine teaches (Pine’s Fig. 19, “fan/peltier controller 194” [0044]) control of a thermoelectric module (Pine’s Fig. 19, “heating/cooling peltier device 193” [0044]), based on at least one of the state information of the case device or the temperature information of the first leg portion and the second leg portion of the wearable electronic device (Pine’s Fig. 19, “The mobile device 10 has thermal sensors internally that can monitor the CPU/GPU 142, battery 141 and other temperatures” [0044]). (Pine’s Fig. 19, “The mobile device 10 has thermal sensors internally that can monitor the CPU/GPU 142, battery 141 and other temperatures. Software within the mobile device 10 can monitor those internal temperatures, compare them to set thresholds for when the mobile device 10 components are too hot or too cold, and communicate to the fan/peltier controller 194 to trigger the appropriate switching I/O to cycle the heating/cooling peltier device 193. Once the internal temperatures of the mobile device 10 components are back to a safe operating temperature, the software can communicate to the fan/peltier controller 194 to trigger the appropriate O/O to disable and reset the heating/cooling peltier device 193” [0044]).
Regarding claim 12, claim 12 recites, “of the first leg portion" and “the second leg portion.” The "first leg portion" and “second leg portion” of claim 12 are not positively-recited structure of the system of the case device of claim 10. MPEP 2115 states, "[a] claim is only limited by positively recited elements. Thus, '[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims.' In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935)." Dillow in view of Pine disclose the structure of the system of claim 12 and therefore disclose all of the positively-recited structure of claim 12 and claims 1, 10, and 11.
In addition to structural limitations, claim 12 recites functional limitations drawn toward the intended use or manner of operating the claimed apparatus. The functional limitations are: “of the first leg portion” and ”the second leg potion.” When the cited prior art teaches all of the positively recited structure of the claimed apparatus, it will be held that the prior art apparatus is capable of performing all of the claimed functional limitations of the claimed apparatus. The courts have held that: (1) "apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), and (2) a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). MPEP § 2114.
Examiner note: Pine teaches multiple thermal sensors capable of obtaining a state of information of the wearable electronic device, and Pine teaches that the state of information comprises multiple different temperatures. Thus, Pine teaches the state information of the wearable electronic device includes a temperature information of a first leg portion and a second leg portion of the wearable electronic device. However, as stated above the implementation of the temperature information within a first leg potion and a second leg portion of the electronic device is an intended use of the thermal sensors and the temperature information, and the first leg and second leg portions of the wearable device are not positively recited elements of the case device.
It would have been obvious it would have been prima facia obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dillow to incorporate the teachings of Pine to have the processor control the first thermoelectric module and the second thermoelectric module, based on at least one of the state information of the case device or the temperature information of the multiple components of the wearable electronic device. Doing so allows for thermoelectric control related to specific areas of the wearable electronic device, such as one thermal sensor obtaining the state of information of the temperature of the wearable device’s battery and one thermal sensor obtaining the state of information of the temperature of the wearable device’s CPU, then the thermoelectric modules could be controlled to cool the battery and CPU. This is advantageous to the user as it prevents damage to the device, as recognized by Pine, “The mobile device 10 has thermal sensors internally that can monitor the CPU/GPU 142, battery 141 and other temperatures. Software within the mobile device 10 can monitor those internal temperatures, compare them to set thresholds for when the mobile device 10 components are too hot or too cold, and communicate to the fan/peltier controller 194 to trigger the appropriate switching I/O to cycle the heating/cooling peltier device 193. Once the internal temperatures of the mobile device 10 components are back to a safe operating temperature, the software can communicate to the fan/peltier controller 194 to trigger the appropriate O/O to disable and reset the heating/cooling peltier device 193. By using temperatures of the components most sensitive to heat damage instead of external device temperatures the components of mobile device 10 are less likely to degrade and fail from temperature extremes” [0044].
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Figure 20 (Pine)
Regarding claim 19, Dillow discloses wherein the case device (Annotated Fig. 1, “mobile device temperature regulating case 601” [0033]) further includes a communication interface (Annotated Fig. 1, “control circuit board 608” and “mobile device connector 615” [0037]).
However, Dillow does not explicitly disclose wherein the state information of the wearable electronic device is acquired from the wearable electronic device via communicable connection via the communication interface.
However, Pine teaches wherein the case device (Pine’s Fig. 20, “an active heating or cooling mobile device dock assembly 200” [0044]) further includes a communication interface (Pine’s Fig. 19, “fan/peltier controller 194” [0044]), and
wherein the state information of the wearable electronic device (Pine’s Fig. 19, “internal temperatures” [0044]) is acquired from the wearable electronic device (Pine’s Fig. 19, “mobile device 10/180” [0044]) via communicable connection (Pine’s Fig. 19, “software within the mobile device” [0044]) via the communication interface (Pine’s Fig. 19, “fan/peltier controller 194” [0044]).
It would have been obvious it would have been prima facia obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dillow to incorporate the teachings of Pine to have the state information of the wearable electronic device is acquired from the wearable electronic device via communicable connection via the communication interface. Doing so allows for internal temperature readings from the wearable electronic device to be transmitted to the case device, resulting in more accurate temperature readings of the wearable electronic device and prevention of components from overheating, as recognized by Pine, “By using temperatures of the components most sensitive to heat damage instead of external device temperatures the components of mobile device 10 are less likely to degrade and fail from temperature extremes” [0044].
Conclusion
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/E.E.U./Examiner, Art Unit 3761 07/20/2026
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
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