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 .
Drawings
The drawings are objected to because:
Figure 1 appears to depict the heating unit (22) and heat insulating component (24) underneath the heating inner housing component (23) instead of on top, with the heat insulating component (24) between the heating unit (22) and the heating groove (230), as stated in the claims.
Figure 3 is generally unclear. It depicts what is either:
the conductive ring plate (27) between the top of the heating assembly (2) and the bottom of the adapter (3), instead of disposed on the heating lower shell (232) which for the exploded schematic would be between the heating assembly (2) and base assembly (1);
what appears to be the sealing component (28) mislabeled with the reference character "27" between the top of the heating assembly (2) and the bottom of the adapter (3), instead of disposed on the upper end of the annular protrusion (31), between the feeding bottle (4) and the heating assembly (2) for the exploded schematic;
or the “sealing ring” described in the specification (par. 30) as being installed in the annular installing groove on the upper end of the heating sleeve, mislabeled with the reference character “27”, which is neither mentioned in the claims nor has and assigned reference character.
All of the above are inappropriate and inconsistent with the contents of the claims.
Figure 7 is unclear to which element is being indicated as the conductive ring plate by the lead line of reference character 27. It appears that both 27 and 232 are pointing to the same element which is the heating lower shell (232). If the ring plate (27) is simply a surface feature of the heating lower shell (232), improved drawings, lead lines, or written description are needed for the purposes of clarity and comprehension.
Figure 7 appears to be missing the heating unit (22), showing only empty space in the heating groove above the heat insulating component (24).
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.
Specification
The disclosure is objected to because of the following informalities:
The index of reference numbers in the drawings (par. 23) is under the “Brief Description of Drawings” heading. This is inappropriate, see 37CFR1.74.
The abstract of the disclosure discusses the purported merits of the invention, stating, “The milk warmer having a simple and compact structure is suitable for different feeding bottles, ensuring a good practicality.”
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.
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: "sealing component" in claim 2, "heating unit" in claim 3, "heat insulating component" in claim 4, "temperature sensing component" in claim 5, "conductive ring plate" in claim 7, "control module" in claim 9.
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. The claims will be interpreted as follows:
Claim 3, "a heating unit" will be interpreted as a circular ring as stated in the specification (par. 31) and any equivalents thereof.
Claim 4, "a heat insulating component" will be interpreted as a component made of silicone as stated in the specification (par. 31) and any 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 § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Eisenhauer (US Patent 5,118,927), hereinafter Eisenhauer, in view of LiCari (WO Publication No. 2021022329), hereinafter LiCari.
Regarding claim 1, Eisenhauer teaches (figure 5) a food warmer with a heating assembly (housing 30) and adapter (sealing rim 22); the heating assembly connected to a bottle (container 10); the heating assembly comprising a heat conduction component (mounting plate 41 and heat-transfer member 20); the heat conduction component directly contacts a liquid medium in the bottle; the first end of the adapter is connected to the heating assembly; the second end of the adapter is connected to the bottle; the heating assembly further comprises a heating sleeve (housing rim 48); a first annular platform and a second annular platform (claws 32) are disposed on the inner side of the heating sleeve; the first annular platform is spaced apart from the second annular platform and the heat conduction component is installed therein.
Eisenhauer does not teach a base assembly, the heating assembly detachably connected to the base assembly, or the lower end of the heating sleeve connected to the base assembly.
LiCari teaches (figure 7) a beverage warmer including: a base assembly (dock 12) detachably connected to a heating assembly, a temperature sensing component (temperature sensors 22) as a means for temperature monitoring; a protective sleeve (two O-ring seals 74) sleeved on an outer side of the temperature sensing component; an upper end of the temperature sensing component connected to a heat conduction component (Pg. 4, Ln. 11-15); a base upper shell (upper cover 58); the base upper shell comprising a protrusion (upstand 14) extended into a heating sleeve; an annular groove (annular depression 56) defined on an inner side of the base upper shell; a bottom end of the heating sleeve extended into the annular groove; a plurality of conductive terminals (contacts 24) disposed on the base upper shell; a conductive ring plate (inner shoulder 54; bottom surface) on the heating lower shell connected to the plurality of conductive terminals; the conductive ring plate connected to the heating unit and the temperature sensing component (Pg. 4, Ln. 11-15); the base assembly comprising a base middle shell (upper cover 58; sides), a base lower shell (bottom plate 60), a battery compartment (base unit 12; interior), and a battery (two rechargeable batteries 18) for portable device power; the base upper shell extended into an inner concave portion (upper cover 58; interior contour of sides) of the base middle shell (Figure 7; depression 56 extends down into middle section); the base assembly comprises a control module (induction PCB 62) as a means for heating control; and the base assembly comprising a button (control switch 68) connected to a lamp plate (Pg. 8, Ln. 10-15; “corresponding display”) and a lamp plate bracket (upper cover 58 and aperture 66) as a means for selective user interface.
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 device of Eisenhauer to incorporate the teachings of Licari to include a base assembly featuring a means for heating control, temperature monitoring, selective user interface, and portable battery power.
Regarding claim 2, Eisenhauer teaches (figure 5) the annular protrusion (sealing rim 22; lower half) disposed on the inner side of the adapter (sealing rim 22); the annular protrusion abutted against the upper end of the heating sleeve; and the sealing component (sealing ring 15) disposed on the upper end of the annular protrusion. Therefore, the modified device of Eisenhauer, as applied in claim 1, teaches the invention of claim 2.
Claims 3-9 are rejected under 35 U.S.C. 103 as being unpatentable over the modified device of Eisenhauer, as applied in claim 1, in view of Shi et al. (US Patent No. 10,722,063), hereinafter Shi.
Regarding claim 3, the modified device of Eisenhauer teaches all of the elements of the current invention as stated above except the heating assembly further comprising the heat insulating component between the heating inner housing component and the heating unit in a heating groove.
Eisenhauer teaches in a similar embodiment (figure 3) a heating assembly comprising a heating inner housing component (claws 44 and 44’) for securely clamping a heating unit (heating unit 42) in place (Col. 5, Ln. 18-26); the heating unit is contacting a heat conduction component (mounting plate 41); the heating inner housing component is fixedly connected to a second annular platform (claws 32 and 32’); the heating inner housing component comprises a heating groove (space between claws 44 and 44’); and the heating unit is installed in the heating groove (Col 5, Ln, 9-17).
It would have been obvious to one of ordinary skill in the art to incorporate the teachings of Eisenhauer from an additional embodiment to include a pair of claws for securely clamping the heating unit in place.
Shi teaches (figure 6) a multipurpose cooking device with a heating assembly comprising a circumferential groove for accommodating an annular heating element (220) cladded by a silicone rubber strip (222) for the purpose of protecting the heating element (Col. 7 Ln. 64 - Col. 8 Ln. 6) as well as preventing the transfer of heat to unwanted areas (Abstract, Ln. 9-12).
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 device of Eisenhauer to incorporate the teachings of Shi to include a silicone rubber strip for the purpose of protecting the heating element as well as preventing the transfer of heat to unwanted areas.
Regarding claim 4, Eisenhauer teaches (figure 3) the heating inner housing component comprising a heating upper shell and a heating lower shell (claws 44 and 44’); the heating lower shell is fixedly connected to the heating upper shell; and the heating lower shell is fixedly connected to the second annular platform. Therefore, the modified device of Eisenhauer, as applied in claim 3, teaches the invention of claim 4.
Regarding claim 5, LiCari teaches (figure 7) a temperature sensing component (temperature sensors 22); a protective sleeve sleeved on the outer side of the temperature sensing component (two O-ring seals 74); and the upper end of the temperature sensing component is connected to the heat conduction component (Pg. 4, Ln. 11-15). Therefore, the modified device of Eisenhauer, as applied in claim 3, teaches the invention of claim 5.
Regarding claim 6, LiCari teaches (figure 7) a base upper shell (upper cover 58); the base upper shell comprising a protrusion (upstand 14) extended into the heating sleeve; an annular groove (annular depression 56) defined on the inner side of the base upper shell; and the bottom end of the heating sleeve extended into the annular groove. Therefore, the modified device of Eisenhauer, as applied in claim 3, teaches the invention of claim 6.
Regarding claim 7, LiCari teaches (figure 7) a plurality of conductive terminals (contacts 24) disposed on the base upper shell; a conductive ring plate (inner shoulder 54; bottom surface) on the heating lower shell connected to the plurality of conductive terminals; and the conductive ring plate connected to the heating unit and the temperature sensing component (Pg. 4, Ln. 11-15). Therefore, the modified device of Eisenhauer, as applied in claim 3, teaches the invention of claim 7.
Regarding claim 8, LiCari teaches (figure 7) the base assembly comprising a base middle shell (upper cover 58; sides), a base lower shell (bottom plate 60), a battery compartment (base unit 12; interior), and a battery (two rechargeable batteries 18); and the base upper shell extended into an inner concave portion (upper cover 58; interior contour of sides) of the base middle shell (annular depression 56 extends down into middle section). Therefore, the modified device of Eisenhauer, as applied in claim 3, teaches the invention of claim 8.
Regarding claim 9, LiCari teaches (figure 7) the base assembly comprising a control module (induction PCB 62 and charging PCB 64); the base assembly comprising a button (control switch 68) connected to a lamp plate (Pg. 8, Ln. 10-15; “corresponding display”); and a lamp plate bracket (upper cover 58 and aperture 66). Therefore, the modified device of Eisenhauer, as applied in claim 3, teaches the invention of claim 9.
Conclusion
The prior art of record and not relied upon is considered pertinent to the applicant’s disclosure.
Driel et al (US Patent No. 9,138,097) teaches a device for warming milk in a baby bottle via direct heating for improved warming time. Embodiments include a disc-shaped heat transfer surface in direct contact with liquid, capable of removal for sanitization purposes. Other relevant features include a temperature sensor, powered base unit, electrical contacts, and a structure generally comprising in-line annular components coupled together.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS FREDRICK GAUTHIER whose telephone number is (571)272-8725. The examiner can normally be reached 8:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, EDWARD LANDRUM can be reached at (571) 272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS FREDRICK GAUTHIER/Examiner, Art Unit 3761 /EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761
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