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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/05/2024 is being considered by the examiner.
Drawings
The drawings are objected to because the number 10 at the top left-hand side in FIG 1 and FIG 2 should not be underlined. Underlined numbers can indicate ambient space around an object. 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 Objections
Claim 1 is objected to because of the following informalities. The first mention of an abbreviation or acronym should be spelt out to represent the actual abbreviation or acronym, and the acronym should appear in parentheses prior to use in the claim. Hence “AI” should be introduced as “Artificial Intelligence (AI).” 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 limitations use 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: the terms “Power supply unit,” in claim 1 “human body detection unit” in claim 2 and “potential detection unit” in claim 3
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. A review of the specification shows that the corresponding structure of the “power supply unit” in claim 1 may include [Paragraph 0033] a voltage converter, a power cord, a plug, etc., and may include auxiliary components having functions such as overvoltage, overcurrent, and short circuit protection through safe power supply. Therefore the “power supply unit” is seen as a voltage converter, a power cord, a plug or a known equivalent for examination purposes. The corresponding structure of “human body detection unit” in claim 2 may include [Paragraph 0036] an electrode including a pattern made of metal or conductive ink to detect the change in the capacitance, the capacitance sensor including an insulator to block the transfer of electrical energy between electrodes, and a transfer wire that is disposed together with a wire of the temperature sensor 300 and transfers the voltage change according to the change in the capacitance to a control unit 630. Hence, the “human body detection unit” is seen as a capacitance sensor or a known equivalent for examination purposes. The “potential detection unit” in claim 3 is [Paragraph 0012] the potential detection unit may detect the movement of the human body based on determination criteria of a first potential measurement value when the movement of the human body previously stored in the storage unit is not detected and a second potential measurement value when the movement of the human body is detected. Hence the “potential detection unit” is seen as a sensor capable of detecting human body movement or a known equivalent for the purposes of examination.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid 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 limitations recite sufficient structure to perform the claimed function so as to avoid 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 2-3 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.
Regarding claim 2, in claim 2, line 36 the second cycle formed to alternately repeat a preset resting period is seen as indefinite. It is unclear whether the first recitation of the resting period is for all cycles and the second resting period also relates to the first resting period.
Claim 3 is rejected by virtue of its dependency of claim 2 and inherits the indefiniteness of claim 2.
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 1 is rejected under 35 U.S.C 103 as being unpatentable over Ma Jung Ho (KR 20170009310A) herein referred to as “Ma” (all teachings are based on the attached English translation), in view of Heo (KR 20170039415A), herein referred to as “Heo”.
Regarding claim 1, Ma discloses thermal and human body detection system using a temperature sensor, (pg 5, line 16; a sheet type electrothermal system according to an exemplary embodiment of the present invention includes a power supply unit 10, a heat transfer unit 20, a temperature controller 30, a switch unit 40, a body temperature sensor 50, The control unit 60 includes a switch control unit 70, a remote control unit 80, a communication unit 81, a management server 90 and a smart terminal 100. In addition to the bimetal 23 and the fire detection sensor 110 The overall device described is a thermal detection system through use of a body temperature sensor and pressure sensor, additionally it contains a control unit and management system to analyze the data) the thermal and human body detection system comprising: a base unit (Claim 2 pg 16; A heat transfer unit which serves the same function as the base unit, to act as a frame for the heating wire and other components); a bimetal cutting off power to prevent overheating (pg 18, line 1; A bimetal electrically connected to the heating wire and the temperature controller to cut off current supply when the heating wire is overheated the bimetal has the same purpose of cutting off the power supply to prevent overheating ); the temperature sensor detecting a temperature of a thermal mat; (pg 7, line 30; there is a temperature sensor for detecting temperature of the heat transfer portion; pg 5, line 1; A heating sheet 21 which is heated according to the current supply of the heating element 10 is wired and both ends of the heating element 21 are equipped with a heat transfer sheet having terminals for connection with a power source. This heating sheet serves the same purpose as the thermal mat) a heating wire disposed on the base unit and converting electrical energy to heat energy (pg 6, line 5; A heating wire, it is preferable to use one that generate heat at a high temperature by its own resistance when an external power source is applied; a heating wire used to convert electrical energy to heat energy); and a power supply unit supplying power to each component of the thermal mat (pg 5, line 23). However, Ma does not explicitly disclose a heating wire disposed in a zig zag shape on the base unit.
Heo discloses a heating wire disposed in a zig zag shape on the base unit (Pg 4 line 19; The heat generating unit 40may be installed in a zigzag form on the main body 10 as shown in FIG.)
It would have been an obvious matter of design choice before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the heating wire in a zigzag shape as seen in Heo.
Claim 2 is rejected under 35 U.S.C 103 as being unpatentable over Ma in view of Heo, further in view Schirm (US20200345971A1) herein referred to as “Schirm.”
Regarding claim 2, Ma does disclose wherein the temperature sensor further includes a human body detection unit ([Abstract] a body temperature sensor for detecting the temperature transferred from a human body; a pressure sensor for detecting the pressure applied from the human body) configured to detect a movement of a human body at one end of the base unit where the heating wire is disposed, (pg 6, line 1; heating sheet 21 which is heated according to the current supply of the heating element 10 is wired and both ends of the heating element 21 are equipped with a heat transfer sheet having terminals for connection with a power source) the AI thermal and human body detection system further comprising: a manipulation unit, wherein the manipulation unit includes a user input unit; a storage unit; and a control unit, wherein the control unit, when receiving an operation command at a preset temperature from the user input unit, controls power applied from the power supply unit to be transferred to the heating wire so that the heating wire generates heat energy. ([pg 7, line 9;] The remote control unit 80 transmits the current temperature information of the temperature regulator 33 and the set temperature inputted by the user through the smart terminal 100 to the remote control unit 80, Compare. The temperature control unit 33 receives the sine wave and the DC voltage synchronized with the commercial AC voltage A / C and transmits the sine wave and the DC voltage to the load output unit 34 according to the set value of the temperature setting unit 31 And outputs a predetermined temperature setting signal corresponding to the selected normal mode or sleep mode or a signal having a value set by the temperature setting unit 31 to the load output unit 34 according to a separate switch operation,) controls the temperature sensor to measure a temperature value in an operating period of a preset first cycle formed to alternately repeat a resting period and an operating period among a plurality of cycles, and to detect the movement of the human body in the resting period of the first cycle based on the numerical value measured by the human body detection unit, when the movement of the human body is detected, controls the power supply unit to apply power to the heating wire at a second cycle formed to alternately repeat a preset resting period and an operating period among a plurality of cycles in the operating period of the second cycle, when the movement of the human body is not detected, controls the power supply unit to apply power to the heating wire at a third cycle having a resting period longer than the resting period of the second cycle, and when a time at which the movement of the human body is not detected exceeds a preset time, controls the power supply unit not to apply power to the heating wire. ([Abstract] a switch control unit for controlling the switch unit to supply the current to the electro-thermal wire when the human body transferring a body temperature at predetermined temperature is detected for a predetermined time by the body temperature sensor, and block the supply of the current from the electro-thermal wire when the human body is not detected, as well as for controlling the switch unit to supply the current to the electro-thermal wire when the human body applying predetermined pressure is detected for a predetermined time by the pressure sensor, and block the supply of the current from the electro-thermal wire when the human body is not detected) However, Ma and Heo do not explicitly disclose controls the temperature sensor to measure a temperature value in an operating period of a preset first cycle formed to alternately repeat a resting period and an operating period among a plurality of cycles.
Schirm discloses controls the temperature sensor to measure a temperature value in an operating period of a preset first cycle formed to alternately repeat a resting period and an operating period among a plurality of cycles ([0134]The controller may also coordinate the cooling of the forehead using the apparatus by cycling the thermoelectric temperature regulators in accordance with a duty cycle; [0141] In one variation the power supplied to the thermoelectric temperature regulators is controlled by a time dependent algorithm. Other measurements, such as body movement or EEG signals may be used for TEC control).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the algorithm-based heating blanket of Ma and Heo with a temperature sensor that is capable of measuring during an interval as seen in Schirm. The motivation to do so being to prevent major deviations from the set temperature thus maintaining a desirable temperature and also saving power. (Schirm [0022] and [0026]). Additionally, other measurements and sensors can also be incorporated into this method of measuring and sensing during an alternating period. (Schirm [0141]).
Claim 3 is rejected under 35 U.S.C 103 as being unpatentable over Ma in view of Heo and Schirm in further view of Yang et al. (US10376155B2) herein referred to as “Yang.”
Regarding claim 3, Ma does disclose the human body detection unit includes a potential detection unit detecting a potential signal of power supplied from the temperature sensor (Pg 9, line 16; The switch control unit 70 measures the pressure and the time, and when the human body applying a certain pressure (for example, 10 N / m 2) or more by the pressure sensor 60 is detected for a predetermined time (for example, 10 seconds) Controls the switch unit 40 so as to supply a current to the heating wire 21 and controls the switch unit 40 to cut off the current supply to the heating wire 21 if the human body is not detected by the pressure sensor 60).
However, Ma in view of Heo in further view of Schirm do not explicitly disclose the potential detection unit detects the movement of the human body based on determination criteria of a first potential measurement value when the movement of the human body previously stored in the storage unit is not detected and a second potential measurement value when the movement of the human body is detected.
Yang does disclose the potential detection unit detects the movement of the human body based on determination criteria of a first potential measurement value when the movement of the human body previously stored in the storage unit is not detected and a second potential measurement value when the movement of the human body is detected. ([pg 37, cols 31:34] wherein when a pressure, stretching force, torsion, or tensile force is applied between the body and the cloth or when a dielectric constant between the body and the cloth changes, the capacitance changes, the signal circuit sends a signal that comprises the change in capacitance between the at least one conductive area arranged on the cloth and the body to the system; wherein the change is represented by a frequency cycle, voltage or current change, which is used to determine physiological change, posture change, medium change between the body and the cloth, gait analysis, and or at least one of the applied pressure, the stretching force, the torsion, or the tensile force).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to substitute the potential detection unit of Ma, Heo and Schirm with a pressure sensor that is capable of measuring through mutual capacitance as seen in Yang. The motivation being that this type of signal is easy to judge and can be used to observe multiple parameters. (Yang [pg 23, col 3:4]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure Gueritee et al (US20180255847), Maher et al (US20200060545A1) and Manaresi et al (US6826968 B2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA M GANAN-SINGH whose telephone number is (571)272-3194. The examiner can normally be reached Monday to Friday 7:00am to 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne M Rodden can be reached at 3032974276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.G.S/Examiner, Art Unit 3794 /JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794