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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the features canceled from the claims:
“heating element” from claim 1
“temperature sensing element” from claim 3
“control circuit board” from claim 5
“display” from claim 7
“second sealing element” from claim 10. Paragraph 39 indicates the second sealing element (4) is shown in Fig. 4 to Fig. 7. It may be presented in Fig. 7, but it is unlabeled and therefor unknown.
No new matter should be entered.
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 abstract of the disclosure is objected to because:
The abstract of the disclosure discusses the purported merits of the invention, stating, “…thereby having advantages of removable the heating module and the base”.
The abstract uses phraseology that can be implied, stating, “…which relates to the technical field…”
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities:
The index of reference numbers in the drawing (par. 23-27) is under the “Brief Description of Drawings” heading. This is inappropriate, see 37CFR1.74.
The specification refers to the positioning seat as both “18” and “22” (par. 24-25).
Appropriate correction is required.
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 limitations are: “temperature sensing element” in claim 3; “water level sensing element” in claim 3; and “second sealing element” in claim 10.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they 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, “temperature sensing element” will be interpreted as water temperature sensor as stated in the specification (par. 36) and any equivalents thereof.
Claim 3, “water level sensing element” will be interpreted as a water level sensor as stated in the specification (par. 36) and any equivalents thereof.
Claim 10, “second sealing element” will be interpreted as being made of either silicone or rubber as stated in the specification (par. 39) 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 § 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 3 and 5-10 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 3 recites a “heating element socket”, a “temperature sensing element socket”, and a “water level sensing element socket”. It is unclear whether these are the “plurality of plugs and sockets” cited in claim 1, or a different plurality of sockets.
Claim 5 recites the limitation " temperature sensing element " in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "water level sensing element" in in line 2 and 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites "…the adapter is connected to the bottle…" which is an active requirement. It is unclear whether the claims are directed to the warmer or a system including the bottle and the warmer. Examiner will interpret this as “…adapter is configured to be connected to the bottle…” for the purposes of examination.
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.
Claims 1, 2, 4, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rose et al. (US Publication No. 20230397761 A1), hereinafter Rose.
Regarding claim 1, Rose teaches a (Figures 2-6) a device capable of warming a bottle comprising a base (base unit 3) and a heating module (heating module 2) detachably arranged on the base and connected to a mouth of a cup body (indirectly via connecting recess 12 and bottom 13), and the heating module is configured with a heating element (heating plate 24); wherein the base is configured with electro-contact parts (first conductive column 223 and secondary conductive columns 341), the heating module is configured with conductive parts (circular conductive plate 222) plugged into the electro-contact parts, the heating module is configured to be electrically connected to the base in response to the electro-contact parts being plugged into the conductive parts, and a positioning structure (connection column 361 and connection hole 212) is configured between the conductive parts and the electro-contact parts; and the heating module is further configured with functional elements (temperature sensor 25), a plurality of plugs and sockets (first conductive column 223 and secondary conductive columns 34; circular conductive plate 222) plugged into each other are configured correspondingly between the heating module and the base.
Regarding claim 2, Rose teaches a device capable of warming a bottle wherein the positioning structure comprises a positioning seat (connection column 361; Figure 2) arranged on the base and a positioning cavity (connection hole 212; Figure 3) detachably assembled with the positioning seat.
Regarding claim 4, Rose teaches a device capable of warming a bottle wherein the positioning seat has a cross-section of a notched circle (connection column 361; Figure 2, generally notched circle), and the positioning cavity (connection hole 212; Figure 3, shaped to accommodate connection column 361) is shaped to fit the positioning seat
Regarding claim 9, Rose teaches a device capable of warming a bottle wherein the heating module is further configured with an adapter (heater body 21) attached thereto at one end, the adapter is connected to the bottle mouth at the other end (convex connecting surface 211), and the adapter is hollow.
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 3, and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Rose in view of Lyons et al. (US Patent No. 10,863,852), hereinafter Lyons.
Regarding claim 3, Rose teaches a device capable of warming a bottle wherein the functional elements (Figure 3) comprise a temperature sensing element (temperature sensor 25); the electro-contact parts (Figure 2) comprise a heating element socket (secondary conductive columns 341) and a temperature sensing element contact (secondary conductive columns 341) arranged on the positioning seat; and the conductive parts (Figure 3) comprise a heating element contact (ring groove 221) and a temperature sensing element socket (ring groove 221 arranged on the positioning cavity. Rose does not teach a water level sensing element.
Lyons teaches (Figure 3) a portable beverage container system with a water level sensing element (ultrasonic fluid level sensor 218) configured to be electrically connected to a control circuit board (apparatus computer processor 360) for the purpose of detecting a remaining volume of liquid in a container (abstract).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the device of Rose to incorporate the teachings of Lyons to include a water level sensing element for the purpose of detecting the remaining volume of liquid in the bottle.
Regarding claim 5, Rose teaches (Figure 4) a device capable of warming a bottle wherein a control circuit board (control circuit board 34) is configured within the base; the temperature sensing element and the heating element are configured to be electrically connected to the control circuit board in response to the electro-contact parts being plugged with the conductive parts (Par 34).
Additionally, Lyons teaches (Figure 3) the water level sensing element (ultrasonic fluid level sensor 218) configured to be electrically connected to a control circuit board (apparatus computer processor 360).
Therefore, the modified device of Rose, as applied in claim 3, teaches the invention of claim 5, because in order for the water level sensing element added in claim 3 to work and indicate to a user the level of water within the cup it would inherently have to be attached to the control circuit board.
Regarding claim 6, Rose teaches (Figure 4) a device capable of warming a bottle wherein the base is further configured with a switch (plurality of buttons 351) electrically connected to the control circuit board and a temperature adjust button (Par 34). Therefore, the modified device of Rose, as applied in claim 3, teaches the invention of claim 6.
Regarding claim 7, Rose teaches (Figure 4) a device capable of warming a bottle wherein the base is further configured with a display (operation display module 35) electrically connected to the control circuit board, the temperature sensing element is configured to monitor in real time temperature information of a liquid medium within the bottle mouth and send the temperature information to the control circuit board, and the control circuit board is used to present the temperature information to the display (plurality of buttons 351). Therefore, the modified device of Rose, as applied in claim 3, teaches the invention of claim 7.
Regarding claim 8, Rose teaches (Figure 4) a device capable of warming a bottle wherein the display is arranged on the temperature adjust button (Par 34; display module equipped with a plurality of buttons). Therefore, the modified device of Rose, as applied in claim 3, teaches the invention of claim 8.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Rose in view of Johnson (US Patent No. 12,440,060), hereinafter Johnson.
Regarding claim 10, Rose teaches all of the aspects of the current invention as stated above including (abstract) that the device may be used to heat a variety of containers not limited to just that which is disclosed. Rose however fails to teach wherein the adapter is configured with a second sealing element in an inner wall, the second sealing element is abutted against the bottle mouth at one end and against the heating module at the other end.
Johnson teaches it is known in the art of liquid heating to utilize a device (bottle warmer assembly 10) similar to that of Rose to heat liquid within the mouth of a bottle (Col. 1, Ln. 55-64). This is accomplished through the use of an adapter (100), a first (base seal 30), and second (bottle seal 40) seal, wherein the first seal is located between the adapter and the base (20), and the second seal is located between an inner wall (ledge 106) of the adapter and the bottle mouth (open end 52). The inclusion of the adapter with the heater allows the heating device to be used with a variety of bottle configurations (abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included an adapter and corresponding seals with the device. Rose already discloses the desirability of providing a heating device for use with a variety of different cups. Providing the adapter and seals as a part of the device would increase the overall utility of Rose by allowing a user to heat liquids for both their infants and themselves using the same device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Souris et al. (US Patent No. 12,096,886) discusses a portable heating device equipped with an electric heating element directly contacting a beverage container; at least one thermal sensor; and user controls for setting temperature parameters in the form of a display with touchscreen capabilities.
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
