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 .
DETAILED ACTION
Claim Objections
Claims should be dependent on claims that have already been presented. Claims 13-15 are dependent on high numbered claims. This should be corrected.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a housing member configured to house a portion of the bottom surface of the kettle portion and the heating element” per claim 2 and similar subject matter in claim 19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The figures do not show a housing member housing both the bottom surface of the kettle portion and the heating element, nor does it appear to show housing the bottom surface of the kettle portion.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 12 and 13 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.
Claims 12 and 13 recite “can”. It is unclear if what is following the word can is required or intended use. For examination purposes Examiner will consider that either meet the claim limitation.
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.
Claim(s) 1-6 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 9265371 to Glucksman et al. (Glucksman).
Regarding claim 1, Glucksman teaches a kettle portion (C, Figures 1 and 10) having an interior (shown in Figure 1), an exterior surface (shown in Figure 1), a bottom end having an interior bottom surface (shown in Figures 1 and 10), an exterior bottom surface (shown in Figures 1 and 10), and a top end (shown in Figures 1 and 10); at least one aperture configured to allow a liquid flow between the interior and exterior of the kettle portion (in and out of the top of C, Figures 1 and 10); and a removably couplable heating element assembly (82, Figures 11) comprising a first heating element having a first resistance (86, Figures 10 and 11), wherein the heating element assembly is coupled to the bottom surface of the kettle portion (shown in Figure 10).
Regarding claim 2, Glucksman teaches a housing member configured to house a portion of the bottom surface of the kettle portion and the heating element (housing shown at 64, Figures 8-11).
Regarding claim 3, Glucksman teaches wherein the housing member further comprises an inlet portion (opening at the top of 64, Figures 2-11).
Regarding claim 4, Glucksman teaches wherein the housing member further includes an insulation member for insulating the interior cavity of the enclosure from the heating element (the walls of 64 or any component of 64 provides some sort of insulation).
Regarding claim 5, Glucksman teaches at least one fitting member fluidly connected to the aperture (rim of the opening, 68, and/or switch button assembly, 98).
Regarding claim 6, Glucksman teaches wherein the housing member includes an electrical connection port communicatively coupled to the heating element assembly and a sealing member configured to form a seal between the bottom end of the kettle portion and a top edge of the housing member.
Regarding claim 12, Glucksman teaches wherein a thermal conductive layer can be provided between the bottom surface of the kettle and the removably couplable heating element assembly (this is considered intended use and this device can be placed in the location claimed).
Claim(s) 1-6, 12-17, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 6121585to Dam (Dam).
Regarding claim 1, Dam teaches a kettle portion (19 and/or 13, Figures 1-5) having an interior (shown in Figures 1-5), an exterior surface (shown in Figures 1-5), a bottom end having an interior bottom surface (23, Figures 1-2), an exterior bottom surface (shown in Figures 1-2), and a top end (shown in Figures 1-5); at least one aperture configured to allow a liquid flow between the interior and exterior of the kettle portion (aperture at the top of Figures 1-2; and a removably couplable heating element assembly comprising a first heating element having a first resistance (27, Figures 1-5), wherein the heating element assembly is coupled to the bottom surface of the kettle portion (shown in Figures 3-5 and “the preferred method of attaching the heating element 27 to the plate 23 is to use a pressure sensitive adhesive to make such an attachment”).
Regarding claims 2 and 19, Dam teaches a housing member configured to house a portion of the bottom surface of the kettle portion and the heating element (20, Figures 1 and 2 and/or exterior structures shown in Figures 5-7).
Regarding claim 3, Dam teaches wherein the housing member further comprises an inlet portion (any opening section of the housing can be considered an inlet portion).
Regarding claim 4, Dam teaches wherein the housing member further includes an insulation member for insulating the interior cavity of the enclosure from the heating element (any structural part of the housing member can be considered an insulation member which performs this function).
Regarding claim 5, Dam teaches at least one fitting member fluidly connected to the aperture (18, 13, and/or 19, Figures 1-2).
Regarding claim 6, Dam teaches wherein the housing member includes an electrical connection port communicatively coupled to the heating element assembly (“Accordingly, it is preferred that the cupholder 50 be installed in an automobile as a built-in device. However, a portable cupholder 50 may be adapted with a plug suitable for plugging into a cigarette lighter socket” with the heater internal to the housing portion as shown in Figures 1-2) and a sealing member configured to form a seal between the bottom end of the kettle portion and a top edge of the housing member (23, Figure 2).
Regarding claim 12, Dam teaches wherein a thermal conductive layer can be provided between the bottom surface of the kettle and the removably couplable heating element assembly (this is considered intended use and this device can be placed in the location claimed).
Regarding claim 16, Dam teaches wherein the heating element is removably couplable to the bottom surface of the kettle portion (27 is attached via an adhesive “the preferred method of attaching the heating element 27 to the plate 23 is to use a pressure sensitive adhesive to make such an attachment”.
Regarding claim 15, Dam teaches wherein the heating element is removably bonded to the bottom surface of the kettle portion using a high temperature thermal adhesive (“the preferred method of attaching the heating element 27 to the plate 23 is to use a pressure sensitive adhesive to make such an attachment”, this is considered a high temperature thermal adhesive because it operates in a high temperature environment).
Regarding claim 14, Dam teaches wherein the heating element portion is coupled to the bottom of the kettle portion using one or more fasteners (“the preferred method of attaching the heating element 27 to the plate 23 is to use a pressure sensitive adhesive to make such an attachment”, adhesive is considered a fastener because it fastens two objects).
Regarding claim 13, Dam teaches wherein the conductive layer can include at least one of the following: thermal transfer paste or one or more conductive pads (the conductive layer can include the claimed structure).
Regarding claim 17, Dam teaches wherein the heating element assembly is bonded to a subplate (“the preferred method of attaching the heating element 27 to the plate 23 is to use a pressure sensitive adhesive to make such an attachment”, this is considered bonded), wherein the subplate is removably couplable to the bottom surface of the kettle (shown in Figures 102).
Regarding claim 19, Dam teaches claims 19 as disclosed in the rejection of claims 2 and 16 above.
Regarding claim 20, Dam teaches a controller communicatively coupled to the heating element assembly (control disclosed through springs, 52 and 54 which are controllers and control heating of the device).
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 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dam.
Dam teaches a controller communicatively coupled to an electrical connection port (52 and 54 are part of a controller and there are multiple ports shown in Figure 6 which can be considered electrical connection ports. Additionally, “Accordingly, it is preferred that the cupholder 50 be installed in an automobile as a built-in device. However, a portable cupholder 50 may be adapted with a plug suitable for plugging into a cigarette lighter socket” indicates a connection port of which the controllers would be coupled to at least through an intermediary structure).
Dam is silent on wherein the heating element assembly further comprises a second heating element having a second resistance.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to provide multiple heating elements, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. (In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)). Providing multiple heating elements would provide a second heating element having a second resistance. Alternatively, It would have been obvious to one of ordinary skill in the art at the time the invention was made to provide the heating element of Dam as two separate heating elements, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. (In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961)). Providing multiple heating elements would provide a second heating element having a second resistance
Claims 11 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dam in view of U.S. Patent 6013901 to Lavoie (Lavoie).
Regarding claims 11 and 18, Dam is silent on wherein the housing member further includes a removable access panel into the interior area beneath the kettle.
Lavoie teaches wherein the housing member further includes a removable access panel into the interior area beneath the kettle. (40, Figure 3). 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 the teachings of Dam with the teachings of Lavoie to provide wherein the housing member further includes a removable access panel into the interior area beneath the kettle. Doing so would allow access to replace or repair internal parts of the device.
Double Patenting
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 18 of copending Application No. 17963166. Although the claims at issue are not identical, they are not patentably distinct from each other because Applicantion 17963166 claims the same subject matter only more narrowly.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 8-10 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.
Regarding claim 8, the prior art does not provide a reasonable combination to teach “wherein the second resistance is greater than the first resistance”. Dam nor the prior art seeks different resistances of the heating elements and it is unclear how this would enhance the operation of Dam or if Dam would be able to operate with this modification.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN S ANDERSON II whose telephone number is (571)272-2055. The examiner can normally be reached M-F 8-5.
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/STEVEN S ANDERSON II/ Primary Examiner, Art Unit 3762