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 .
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-3, 5-6, 8, 13 and 20 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Whitsett et al. (U.S. PGPub. No. 2016/0015559) herein referred to as Whitsett.
Regarding claim 1, Whitsett discloses an apparatus for heating relief of period pain, the apparatus comprising a garment (undergarment, Figure 4), wherein the garment comprises: a fabric (undergarments made from fabric, Paragraph [0027]); at least a front side and a back side, together a set of one or more sides (as seen in Figure 4, undergarment comprises at least a front side and a back side, together a set of sides creating the undergarment); at least a first set of heating channels (first set of heating channels 405, Figure 4, Paragraph [0031]); and a power source (power source 225, Figure 4), the power source being electrically connected with a controller utilizing a power connector (power source 225 is electrically connected to controller 330 through a power connector, Figure 4), and the controller being electrically connected utilizing a heating connector with the at least first set of heating channels (wherein the controller 330 is electrically connected to the heating fibers via the heating connector (see modified Figure 4 below)).
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Regarding claim 2, Whitsett discloses the apparatus of claim 1, wherein the garment further comprises two or more sets of heating channels (two or more sets of heating channels 405 and 415, Figure 4), wherein each of the two or more sets of heating channels are located in any of the set of one or more sides (each set 405 and 415 is located on the front side of the garment, Figure 4).
Regarding claim 3, Whitsett discloses the apparatus of claim 2, wherein any of the two or more sets of heating channels are positioned near to a lower abdomen region of a user (both set 405 and 415 are positioned near to a lower abdomen region of the user as the garment is underwear, Figure 4).
Regarding claim 5, Whitsett discloses the apparatus of claim 2, wherein the two or more sets of heating channels are arranged in a pattern (two or more sets are arranged in a square pattern on the garment, Figure 4).
Regarding claim 6, Whitsett discloses the apparatus of claim 2, wherein the two or more sets of heating channels comprise materials selected from a group including but not limited to carbon fiber materials and metallic thread (the electrical heating elements 205, 210, 235, 240, 245, 250, 260 (same as heating elements 405, 410, 415, and 420), may be fabricated of stainless steel thread, carbon fiber thread, or metal-wound synthetic fiber, Paragraph [0027], Figure 4).
Regarding claim 8, Whitsett discloses the apparatus of claim 1, wherein the fabric comprises heating fibers, and wherein the controller is electrically connected utilizing the heating connector with the heating fibers (the electrical heating elements 205, 210, 235, 240, 245, 250, 260 (same as heating elements 405, 410, 415, and 420), may be fabricated of stainless steel thread, carbon fiber thread, or metal-wound synthetic fiber, Paragraph [0027], Figure 4, wherein the controller 330 is electrically connected to the heating fibers via the heating connector (see modified Figure 4 below)).
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Regarding claim 13, Whitsett discloses an apparatus for heating relief of period pain, the apparatus comprising a garment (undergarment, Figure 4), wherein the garment comprises: a fabric (undergarments made from fabric, Paragraph [0027]), where at least a portion of the garment is made with the fabric (undergarment is made from fabric, Paragraph [0027]), and wherein the fabric comprises heating fibers (the electrical heating elements 205, 210, 235, 240, 245, 250, 260 (same as heating elements 405, 410, 415, and 420), may be fabricated of stainless steel thread, carbon fiber thread, or metal-wound synthetic fiber, Paragraph [0027], Figure 4), which are woven or otherwise made or attached into some or all of the fabric (the electrical heating elements 205, 210, 235, 240, 245, 250, 260 (same as heating elements 405, 410, 415, and 420), are attached to the garment by stitching the electrically conductive thread to the undergarment using a zig-zag stitch over the heating element, or the electrical heating elements may be directly stitched to the fabric of the undergarment, Paragraph [0028]); at least a front side and a back side, together a set of one or more sides (as seen in Figure 4, undergarment comprises at least a front side and a back side, together a set of sides creating the undergarment); and a power source (power source 225, Figure 4), the power source being electrically connected with a controller utilizing a power connector (power source 225 is electrically connected to controller 330 through a power connector, Figure 4), and the controller being electrically connected utilizing a heating connector with the fabric (wherein the controller 330 is electrically connected to the heating fibers via the heating connector (see modified Figure 4 below)).
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Regarding claim 20, Whitsett discloses the apparatus of claim 13.
Whitsett further discloses wherein the heating fibers comprise materials selected from a group including but not limited to carbon fiber materials and metallic thread (the electrical heating elements 205, 210, 235, 240, 245, 250, 260 (same as heating elements 405, 410, 415, and 420), may be fabricated of stainless steel thread, carbon fiber thread, or metal-wound synthetic fiber, Paragraph [0027], Figure 4).
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.
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.
Claim(s) 4, 10, 12, and 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitsett in view of Forrest et al. (U.S. Pat. No. 3,680,563) herein referred to as Forrest.
Regarding claim 4, Whitsett discloses the apparatus of claim 3, wherein the two or more sets of heating channels comprise the first set of heating channels located in the front side (set 405 is located in the front side of the garment, Figure 4).
However Whitsett does not explicitly disclose wherein a second set of heating channels located in the back side.
Forrest discloses a heating pad for the lower abdomen and back portions of the human body (Abstract) wherein the heating pad comprises a second set of heating channels located in the back side of the garment (rear heating pad section 12 with its own heating channels 13, Figure 3, Col. 1, lines 61-67).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Whitsett to incorporate
the teachings of Forrest by including wherein a second set of heating channels located in the back side. The motivation to do so being to be able to supply heat under individual control to both the front and back lower portions of the human trunk (Forrest, Col. 1, lines 18-31).
Regarding claim 10, Whitsett discloses the apparatus of claim 2.
However Whitsett does not explicitly disclose wherein the controller comprises a multiple-position switch and/or the controller comprises two or more switches wherein each of the switches controls one of the two or more sets of heating channels.
Forrest discloses a heating pad for the lower abdomen and back portions of the human body (Abstract) wherein the controller comprises a multiple-position switch and/or the controller comprises two or more switches wherein each of the switches controls one of the two or more set of heating channels (a switch 22 controls the passage of current through the element 3, a switch 23 controls the passage of current through the element 13, the control unit and indicator unit 24 (seen as a multiple-position switch) of the kind commonly used in heating pads controls the amount of current supplied to the heating elements 3 and 13 which are connected in parallel across the current supply at the unit 24, Col. 2, lines 12-21)
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Whitsett to incorporate
the teachings of Forrest by including wherein the controller comprises a multiple-position switch and/or the controller comprises two or more switches wherein each of the switches controls one of the two or more sets of heating channels. The motivation to do so being to control the amount of current supplied to each of the heating elements (Forrest, Col. 2, lines 12-21).
Regarding claim 12, Whitsett in view of Forrest discloses the apparatus of claim 4.
Whitsett discloses wherein the first set of heating channels have a front horizontal extent of approximately 10% to 90% of a total horizontal extent of the front side (heating channels 405 cover approximately 10% to 90% of the horizontal surface of the front side, Figure 4), and the first set of heating channels have a front vertical extent of approximately 10% to 90% of a total vertical extent of the front side (heating channels 405 cover approximately 10% to 90% of the vertical surface of the front side, Figure 4).
However Whitsett does not explicitly disclose wherein the second set of heating channels have a back horizontal extent of approximately 10% to 90% of a total horizontal extent of the back side, and the second set of heating channels have a back vertical extent of approximately 10% to 90% of a total vertical extent of the back side.
Forrest discloses a heating pad for the lower abdomen and back portions of the human body (Abstract) wherein the second set of heating channels have a back horizontal extent of approximately 10% to 90% of a total horizontal extent of the back side, and the second set of heating channels have a back vertical extent of approximately 10% to 90% of a total vertical extent of the back side (rear heating pad section 12 with its own heating channels 13 which cover 10% to 90% of a total horizontal extent of the back side and 10% to 90% of a total vertical extent of the back side, Figure 3, Col. 1, lines 61-67).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Whitsett to incorporate
the teachings of Forrest by including wherein the second set of heating channels have a back horizontal extent of approximately 10% to 90% of a total horizontal extent of the back side, and the second set of heating channels have a back vertical extent of approximately 10% to 90% of a total vertical extent of the back side. The motivation to do so being to be able to supply heat under individual control to both the front and back lower portions of the human trunk (Forrest, Col. 1, lines 18-31). Further, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to wherein the first set of heating channels have a front horizontal extent of approximately 10% to 90% of a total horizontal extent of the front side, and the first set of heating channels have a front vertical extent of approximately 10% to 90% of a total vertical extent of the front side, wherein the second set of heating channels have a back horizontal extent of approximately 10% to 90% of a total horizontal extent of the back side, and the second set of heating channels have a back vertical extent of approximately 10% to 90% of a total vertical extent of the back side, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 14, Whitsett discloses the apparatus of claim 13.
Whitsett discloses wherein the fabric comprised of the heating fibers comprises a first area located in the front side (first area 425 of the first side, Figure 4).
However Whitsett does not explicitly disclose a second area located in the back side.
Forrest discloses a heating pad for the lower abdomen and back portions of the human body (Abstract) wherein the heating pad comprises a second set of heating channels located in the back side of the garment (rear heating pad section 12 with its own heating channels 13, Figure 3, Col. 1, lines 61-67).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Whitsett to incorporate
the teachings of Forrest by including wherein a second set of heating channels located in the back side. The motivation to do so being to be able to supply heat under individual control to both the front and back lower portions of the human trunk (Forrest, Col. 1, lines 18-31).
Regarding claim 15, Whitsett in view of Forrest discloses the apparatus of claim 14.
Whitsett discloses wherein the heating fibers comprised in the first area are arranged in a first pattern (first pattern 405, Figure 4).
However Whitsett does not explicitly disclose wherein the heating fibers comprised in the second area are arranged in a second pattern.
Forrest discloses a heating pad for the lower abdomen and back portions of the human body (Abstract) wherein the heating pad comprises a second set of heating channels located in the back side of the garment wherein the heating fibers comprised in the second area are arranged in a second pattern (rear heating pad section 12 with its own heating channels 13 arranged in second pattern see Figure 3, Col. 1, lines 61-67).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Whitsett to incorporate
the teachings of Forrest by including wherein the heating fibers comprised in the second area are arranged in a second pattern. The motivation to do so being to be able to supply heat under individual control to both the front and back lower portions of the human trunk (Forrest, Col. 1, lines 18-31).
Regarding claim 16, Whitsett in view of Forrest discloses the apparatus of claim 14.
Whitsett discloses wherein the fabric comprised in the first area is woven with a first amount of the heating fibers per unit area of the fabric (first amount of heating fibers 405 in specified unit area 425, Figure 4).
However Whitsett does not explicitly disclose wherein the fabric comprised in the second area is woven with a second amount of the heating fibers per unit area of the fabric.
Forrest discloses a heating pad for the lower abdomen and back portions of the human body (Abstract) wherein the heating pad comprises a second set of heating channels located in the back side of the garment wherein the fabric comprised in the second area is woven with a second amount of the heating fibers per unit area of the fabric (rear heating pad section 12 with its own heating channels 13 arranged with a second amount of the heating fibers per unit area of the fabric, see Figure 3, Col. 1, lines 61-67).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Whitsett to incorporate
the teachings of Forrest by including wherein the fabric comprised in the second area is woven with a second amount of the heating fibers per unit area of the fabric. The motivation to do so being to be able to supply heat under individual control to both the front and back lower portions of the human trunk (Forrest, Col. 1, lines 18-31).
Regarding claim 17, Whitsett in view of Forrest discloses the apparatus of claim 14.
Whitsett discloses wherein the fabric comprised in the first area is woven with at least a first type of heating fibers (the electrical heating elements 205, 210, 235, 240, 245, 250, 260 (same as heating elements 405, 410, 415, and 420), may be fabricated of stainless steel thread, carbon fiber thread, or metal-wound synthetic fiber, Paragraph [0027], Figure 4).
Whitsett in view of Forrest disclose the second area of heating fibers, wherein Whitsett further discloses wherein the fabric comprised in the second area is woven with at least a second type of heating fibers (the electrical heating elements 205, 210, 235, 240, 245, 250, 260 (same as heating elements 405, 410, 415, and 420), may be fabricated of stainless steel thread, carbon fiber thread, or metal-wound synthetic fiber (i.e., the thread in the second area could be carbon fiber thread), Paragraph [0027], Figure 4).
Therefore it would be obvious to one having ordinary skill in the art to incorporate wherein the fabric comprised in the second area is woven with at least a second type of heating fibers. The motivation being that the fibers would function the same whether they were made form stainless steel thread, carbon fiber thread, or metal-wound synthetic fiber (Whitsett, Paragraph [0027]).
Regarding claim 18, Whitsett in view of Forrest discloses the apparatus of claim 14.
Whitsett discloses wherein the first set of heating channels have a front horizontal extent of approximately 10% to 90% of a total horizontal extent of the front side (heating channels 405 cover approximately 10% to 90% of the horizontal surface of the front side, Figure 4), and the first set of heating channels have a front vertical extent of approximately 10% to 90% of a total vertical extent of the front side (heating channels 405 cover approximately 10% to 90% of the vertical surface of the front side, Figure 4).
However Whitsett does not explicitly disclose wherein the second set of heating channels have a back horizontal extent of approximately 10% to 90% of a total horizontal extent of the back side, and the second set of heating channels have a back vertical extent of approximately 10% to 90% of a total vertical extent of the back side.
Forrest discloses a heating pad for the lower abdomen and back portions of the human body (Abstract) wherein the second set of heating channels have a back horizontal extent of approximately 10% to 90% of a total horizontal extent of the back side, and the second set of heating channels have a back vertical extent of approximately 10% to 90% of a total vertical extent of the back side (rear heating pad section 12 with its own heating channels 13 which cover 10% to 90% of a total horizontal extent of the back side and 10% to 90% of a total vertical extent of the back side, Figure 3, Col. 1, lines 61-67).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Whitsett to incorporate
the teachings of Forrest by including wherein the second set of heating channels have a back horizontal extent of approximately 10% to 90% of a total horizontal extent of the back side, and the second set of heating channels have a back vertical extent of approximately 10% to 90% of a total vertical extent of the back side. The motivation to do so being to be able to supply heat under individual control to both the front and back lower portions of the human trunk (Forrest, Col. 1, lines 18-31). Further, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to wherein the first set of heating channels have a front horizontal extent of approximately 10% to 90% of a total horizontal extent of the front side, and the first set of heating channels have a front vertical extent of approximately 10% to 90% of a total vertical extent of the front side, wherein the second set of heating channels have a back horizontal extent of approximately 10% to 90% of a total horizontal extent of the back side, and the second set of heating channels have a back vertical extent of approximately 10% to 90% of a total vertical extent of the back side, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 19, Whitsett in view of Forrest discloses the apparatus of claim 14.
However Whitsett does not explicitly disclose wherein the controller comprises a multiple- position switch and/or the controller comprises two or more switches wherein each of the switches controls one of the areas of the fabric.
Forrest discloses a heating pad for the lower abdomen and back portions of the human body (Abstract) wherein the controller comprises a multiple-position switch and/or the controller comprises two or more switches wherein each of the switches controls one of the two or more set of heating channels (a switch 22 controls the passage of current through the element 3, a switch 23 controls the passage of current through the element 13, the control unit and indicator unit 24 (seen as a multiple-position switch) of the kind commonly used in heating pads controls the amount of current supplied to the heating elements 3 and 13 which are connected in parallel across the current supply at the unit 24, Col. 2, lines 12-21)
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Whitsett to incorporate
the teachings of Forrest by including wherein the controller comprises a multiple-position switch and/or the controller comprises two or more switches wherein each of the switches controls one of the two or more sets of heating channels. The motivation to do so being to control the amount of current supplied to each of the heating elements (Forrest, Col. 2, lines 12-21).
Claim(s) 7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitsett in view of Fabian et al. (U.S. PGPub. No. 2021/0145633) herein referred to as Fabian.
Regarding claim 7, Whitsett discloses the apparatus of claim 2.
However Whitsett does not explicitly disclose wherein the apparatus comprises more than one power source, being at least a first power source and a second power source, wherein the first power source powers the first set of heating channels, and wherein the second power source powers a second set of heating channels.
Fabian discloses a heating pad for heating a specific portion of the body (Abstract) wherein the device comprises wherein the apparatus comprises more than one power source, being at least a first power source and a second power source (first power source 76 and second power source 86, Figure 3A, Paragraph [0086]), wherein the first power source powers the first set of heating channels (first power source 76 powers first heating loop 72, Figure 4C, Paragraph [0065-0066]), and wherein the second power source powers a second set of heating channels (second power source 86 powers second heating loop 82, Figure 4C, Paragraph [0065-0066]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Whitsett to incorporate
the teachings of Fabian by including wherein the apparatus comprises more than one power source, being at least a first power source and a second power source, wherein the first power source powers the first set of heating channels, and wherein the second power source powers a second set of heating channels. The motivation to do so being to provide improved heat output, increase heat output, and a redundant circuit operable if either the first or second circuit malfunctions (Fabian, Paragraph [0066]).
Regarding claim 9, Whitsett discloses the apparatus of claim 8.
However Whitsett does not explicitly disclose wherein the apparatus comprises more than one power source, being at least a first power source and a second power source, wherein the first power source powers a first area of the garment made of the fabric, and wherein the second power source powers a second area of the garment made of the fabric.
Fabian discloses wherein the apparatus comprises more than one power source, being at least a first power source and a second power source (first power source 76 and second power source 86, Figure 3A, Paragraph [0086]), wherein the first power source powers a first area of the garment made of the fabric (first power source 76 powers first heating loop 72 located in a first area of the garment in the first cup 30, Figure 4C, Paragraph [0065-0066]), and wherein the second power source powers a second area of the garment made of the fabric (second power source 86 powers second heating loop 82 in a second area of the garment in the second cup 40, Figure 4C, Paragraph [0065-0066]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Whitsett to incorporate
the teachings of Fabian by including wherein the apparatus comprises more than one power source, being at least a first power source and a second power source, wherein the first power source powers a first area of the garment made of the fabric, and wherein the second power source powers a second area of the garment made of the fabric. The motivation to do so being to provide improved heat output, increase heat output, and a redundant circuit operable if either the first or second circuit malfunctions (Fabian, Paragraph [0066]).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitsett in view of Pai et al. (U.S. PGPub. No. 2019/0150521) herein referred to as Pai.
Regarding claim 11, Whitsett discloses the apparatus of claim 1.
However Whitsett does not explicitly disclose wherein the garment further comprises a pocket, and wherein the power source can be reversibly placed and stored in the pocket, and removed from the pocket.
Pai discloses electrically heated underpants (Abstract) wherein the garment comprises a pocket, and wherein the power source can be reversibly placed and stored in the pocket, and removed from the pocket (the pocket 2 is comprised of a first space 21 and a second space 22 separated from each other, Paragraph [0024], wherein the power-supply control unit 4 is set in the second space 22 of the pocket 2, Paragraph [0025], removable from the pocket, see Figure 1).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Whitsett to incorporate
the teachings of Pai by including wherein the garment further comprises a pocket, and wherein the power source can be reversibly placed and stored in the pocket, and removed from the pocket. The motivation to do so being to facilitate removable mounting of the heated textile and the power source (Pai, Paragraph [0029]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dana Stumpfoll whose telephone number is (703)756-4669. The examiner can normally be reached 9-5 pm (CT), M-F.
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/D.S./Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794