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 § 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 2-21 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.
Independent claims 2 and 16 introduce as a new limitation a “bracket” however no such bracket is described in the written description. It is noted that the written description suggests a heat spreader 74′ can be disposed about the one or more power storage elements (e.g., batteries) 60′ can facilitate dissipation of heat from the cavity 50′ (e.g., from the thermal insulation member 70′).
For the purpose of examination, the term “bracket” is interpreted to mean any element that can be disposed about the one or more power storage elements and can facilitate dissipation of heat.
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)(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) 2-4, 13-16, 21 is/are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Alexander (US 2013/0200064A1) or (US 8618448).
Alexander discloses in reference to claim:
2. (New) A mug 400, comprising:
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a container body 412 having a chamber 418 having a bass 419, the chamber configured to hold a liquid;
an end cap 440 coupled to the container body, a cavity (450) defined between the end cap and a base of the chamber, the end cap defining a bottom end of the mug;
one or more heaters 460 adhered to a bottom surface of the base of the chamber to heat at least a portion of the chamber, the one or more heaters extending along at least a portion of the bottom surface of the base—As best shown in FIG. 8
a temperature sensor 820 (In another embodiment, the temperature sensor can be provided on the bottom surface of the liquid-receiving portion of the mug 400, travel mug 600, cup or liquid container) adhered to the surface of the base, the temperature sensor being spaced apart from the one or more heaters 30 ;
circuitry (see figure 4) configured to control operation of the one or more heaters; and
one or more batteries (see figure 5) configured to provide power to one or both of the circuitry and the one or more heaters, a bracket 470 disposed about at least a portion of the one or more batteries and interposed between the circuitry and the bottom surface of the base, the bracket 470 configured to dissipate heat,
wherein the one or more heaters, the temperature sensor, the circuitry and the one or more batteries are disposed in the cavity (see figure 1 and figure 5).
3. (New) The mug of Claim 2, wherein the container body is coated with a ceramic material.
Alexander discloses preferably, the cup is constructed from a material residing in the group of materials including porcelain and ceramic.
4. (New) The mug of Claim 2, further comprising a charging coaster 500 configured to provide power to the one or more batteries when the mug is placed on the charging coaster.
13. (New) The mug of Claim 2, wherein the circuitry turns of power to the one or more heaters when the chamber is empty. Note that the circuitry turns power to the heater on or off when the chamber is empty or when the chamber is not empty.
14. (New) The mug of Claim 2, wherein the end cap is detachable from the container body. See figure 9a
15. (New) The mug of Claim 2, wherein the one or more heaters 460 are one or more heater wires.
Regarding claim 16, see above mutatis mutandis.
21. (New) The mug of Claim 20, wherein the visual indicator comprises a hidden-til-lit LED.
Note any LED broadly meets the concept of hidden-til-lit as the light is not visible until it is lit.
Claim Rejections - 35 USC § 103
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 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.
The Supreme Court in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness which are consistent with the proper “functional approach” to the determination of obviousness as laid down in Graham. The key to supporting any rejection under 35 U.S.C. 103 is the clear articulation of the reason(s) why the claimed invention would have been obvious. The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit.
EXEMPLARY RATIONALES
Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Claim(s) 2-4, 13-16, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alexander (US 2013/0200064A1) or (US 8618448) in view of Fisher et al. (US 3931494).
Alexander discloses in reference to claim:
2. (New) A mug 400, comprising:
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a container body 412 having a chamber 418 having a bass 419, the chamber configured to hold a liquid;
an end cap 440 coupled to the container body, a cavity (450) defined between the end cap and a base of the chamber, the end cap defining a bottom end of the mug;
one or more heaters 460 adhered to a bottom surface of the base of the chamber to heat at least a portion of the chamber, the one or more heaters extending along at least a portion of the bottom surface of the base—As best shown in FIG. 8
a temperature sensor 820 (In another embodiment, the temperature sensor can be provided on the bottom surface of the liquid-receiving portion of the mug 400, travel mug 600, cup or liquid container) adhered to the surface of the base, the temperature sensor being spaced apart from the one or more heaters 30 ;
circuitry (see figure 4) configured to control operation of the one or more heaters; and
one or more batteries (see figure 5) configured to provide power to one or both of the circuitry and the one or more heaters,
wherein the one or more heaters, the temperature sensor, the circuitry and the one or more batteries are disposed in the cavity (see figure 1 and figure 5).
If Applicant takes issue with the Examiner’s interpretation above with respect to Alexander showing a bracket 470 disposed about at least a portion of the one or more batteries and interposed between the circuitry and the bottom surface of the base, the bracket 470 configured to dissipate heat.
Fisher discloses a similar heating device including a bracket 23 disposed about at least a portion of the one or more batteries 19 and interposed between the circuitry (switch 18) and the bottom surface of the base, the bracket 23 configured to dissipate heat. Note that because bracket 23 has mass it is configured to dissipate heat.
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It would have been obvious to one of skill in the art to provide a bracket in order to secure the battery from moving within the cavity of Lavoie as taught by Fisher thereby providing a bracket disposed about at least a portion of the one or more batteries and interposed between the circuitry and the bottom surface of the base, the bracket configured to dissipate heat.
3. (New) The mug of Claim 2, wherein the container body is coated with a ceramic material.
Alexander discloses preferably, the cup is constructed from a material residing in the group of materials including porcelain and ceramic.
4. (New) The mug of Claim 2, further comprising a charging coaster 500 configured to provide power to the one or more batteries when the mug is placed on the charging coaster.
13. (New) The mug of Claim 2, wherein the circuitry turns of power to the one or more heaters when the chamber is empty. Note that the circuitry turns power to the heater on or off when the chamber is empty or when the chamber is not empty.
14. (New) The mug of Claim 2, wherein the end cap is detachable from the container body. See figure 9a
15. (New) The mug of Claim 2, wherein the one or more heaters 460 are one or more heater wires.
Regarding claim 16, see above mutatis mutandis.
21. (New) The mug of Claim 20, wherein the visual indicator comprises a hidden-til-lit LED.
Note any LED broadly meets the concept of hidden-til-lit as the light is not visible until it is lit.
Claim(s) 2, 3, 5-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lavoie (US 6013901) in view of Fisher et al. (US 3931494) or Alexander (US 8618448) or Row et al. (US 9993609).
Lavoie discloses in reference to claim:
2. (New) A mug 12, comprising:
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a container body 12 having a chamber 16 having a base 18, the chamber configured to hold a liquid;
an end cap 20 coupled to the container body, a cavity (interior space) defined between the end cap and a base of the chamber, the end cap defining a bottom end of the mug;
one or more heaters 30 secured to a bottom surface of the base of the chamber to heat at least a portion (lip) of the chamber, the one or more heaters extending along at least a portion (lip) of the bottom surface of the base—[(5) As best shown in FIGS. 4 & 5, a heating coil 30 is mounted within the annular lip and the top face of the base. In use the heating coil is adapted for heating the cup upon the receipt of power. The transfer of energy between the base and the cup is facilitated by the abutment of the top face and lip of the base with the bottom face and periphery of the cup, respectively, when screwably engaged.]; 1
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a temperature sensor 42 adhered to the bottom surface of the base, the temperature sensor being spaced apart from the one or more heaters 30 ;
circuitry (see figure 4) configured to control operation of the one or more heaters; and
one or more batteries (see figure 5) configured to provide power to one or both of the circuitry and the one or more heaters,
wherein the one or more heaters, the temperature sensor, the circuitry and the one or more batteries are disposed in the cavity (see figure 1 and figure 5).
It is noted that according to Merriam Webster online dictionary (https://www.merriam-webster.com/dictionary/adhere) the term adhered can be broadly defined as: to hold fast or stick by or as if by gluing, suction, grasping, or fusing.
As such, the cap 20 can be said to be “adhered” to the base 18 of the container body by being “screwably engaged” –wherein the screwable engagement reads on “adhered” as defined above in the sense of “grasping”—the screw threads seen as grasping each other to hold the cap and container fast together.
Lavoie does not explicitly disclose a bracket disposed about at least a portion of the one or more batteries and interposed between the circuitry and the bottom surface of the base, the bracket configured to dissipate heat.
Fisher discloses a similar heating device including a bracket 23 disposed about at least a portion of the one or more batteries 19 and interposed between the circuitry (switch 18) and the bottom surface of the base, the bracket 23 configured to dissipate heat. Note that because bracket 23 has mass it is configured to dissipate heat.
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It would have been obvious to one of skill in the art to provide a bracket in order to secure the battery from moving within the cavity of Lavoie as taught by Fisher thereby providing a bracket disposed about at least a portion of the one or more batteries and interposed between the circuitry and the bottom surface of the base, the bracket configured to dissipate heat.
3. (New) The mug of Claim 2, wherein the container body is coated with a ceramic material.
Lavoie discloses preferably, the cup is constructed from a material residing in the group of materials including porcelain and ceramic.
5. (New) The mug of Claim 2, wherein the temperature sensor is spaced apart from the one or more heaters by a distance of at least 10 mm.
6. (New) The mug of Claim 2, wherein the temperature sensor is spaced apart from the one or more heaters by a distance of about 5-10 mm.
7. (New) The mug of Claim 2, further comprising a button 48 movably mounted to the end cap 20, the button configured to movably engage a switch connected to the circuitry. See Figure 5
8. (New) The mug of Claim 7, wherein the button 48 is actuatable to turn power on or off to electronics of the mug. See Figure 4
9. (New) The mug of Claim 7, wherein the button 48 is actuatable to toggle to one or more temperature setpoints (see dial 44) to which the one or more heaters are operated.
Lavoie disclose (8) Situated within the base is a thermostat 42 connected between the relay means and the heating coil. The thermostat precludes the transfer of power to the heating coil only upon a temperature detected being greater than or equal to a first user selected temperature. To permit a user to selectively determine such first temperature, a dial 44 is provided which may be accessed either through the hinged door or the top face of the base.
10. (New) The mug of Claim 9, wherein the one or more temperature setpoints are stored in a memory of the circuitry. Note the dial 44 sets into the physical memory of the thermostat the desired temperature.
11. (New) The mug of Claim 9, wherein actuation of the button to toggle to one or more temperature setpoints causes a visual indicator to illuminate to illustrate a selected temperature setpoint.
20. (New) The mug of Claim 16, wherein actuation of the button to toggle to one or more temperature setpoints causes a visual indicator to illuminate to illustrate a selected temperature setpoint.
Official notice is taken that the use of illuminated LEDs to indicate a status of an electrical device to the user is common knowledge and would have been an obvious improvement to any device not including such an indicator. In this case, one of skill would have found it obvious to include a simple LED indicator to show that the power is on to the heater, and as such the temperature to which dial 44 is set would be selected.
12. (New) The mug of Claim 11, wherein the visual indicator comprises a hidden-til-lit LED. Note that the use of an LED is common in the art as discussed above, and further that an LED can be said to be hidden until illuminated.
13. (New) The mug of Claim 2, wherein the circuitry turns of power to the one or more heaters when the chamber is empty. Note that the circuitry turns power to the heater on or off when the chamber is empty or when the chamber is not empty.
14. (New) The mug of Claim 2, wherein the end cap is detachable from the container body. See figure 3
15. (New) The mug of Claim 2, wherein the one or more heaters 30 are one or more heater wires.
Lavoie discloses (5) As best shown in FIGS. 4 & 5, a heating coil 30 is mounted within the annular lip and the top face of the base. In use the heating coil is adapted for heating the cup upon the receipt of power. The transfer of energy between the base and the cup is facilitated by the abutment of the top face and lip of the base with the bottom face and periphery of the cup, respectively, when screwably engaged.
Regarding claim 16, see above mutatis mutandis.
17. (New) The mug of Claim 16, wherein the temperature sensor is spaced apart from the one or more heaters by a distance of at least 10 mm.
Regarding the spacing of the temperature sensor from the heating means, one of skill in the art would understand the need to provide a distance that enables the sensor to measure the temperature of the fluid in the mug versus the temperature of the heater and as such would be able to determine a spacing of 5-10mm or more would be suitable without the need to experiment excessively since the claimed spacing would be workable within the physical confines of the typical drinking mug depicted by Lavoie.
18. (New) The mug of Claim 16, wherein the button 48 is actuatable to turn power on or off to electronics of the mug.
19. (New) The mug of Claim 16, wherein the plurality of temperature setpoints (dial 44) are stored in a memory of the circuitry. Note the dial 44 sets into the physical memory of the thermostat the desired temperature.
21. (New) The mug of Claim 20, wherein the visual indicator comprises a hidden-til-lit LED.
Note any LED broadly meets the concept of hidden-til-lit as the light is not visible until it is lit.
If Applicant takes issue with the characterization of Lavoie disclosing the heater and temperature sensor being “adhered” to a bottom surface as delineated above, Lavoie clearly discloses providing both a heating means and temperature sensing means in thermal contact with the bottom of a container to be heated by said heating means. The difference therefore being only in the manner in which the heater and temperature sensor are secured to the container.
Row teaches (fig. 5c) a similar heating device including inter alia, a container body 150 having a chamber having a base, the chamber configured to hold a liquid; an end cap 176 coupled to the container body, a cavity (174) defined between the end cap and a base of the chamber, the end cap defining a bottom end of the vessel; one or more heaters 72 adhered to a bottom surface of the base of the chamber to heat at least a portion of the chamber, the one or more heaters extending along at least a portion of the bottom surface of the base.
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Alexander teaches (fig. 8) a similar heating device including inter alia, a container body 412 having a chamber 418 having a base, the chamber configured to hold a liquid; an end cap 440 coupled to the container body, a cavity (450) defined between the end cap and a base of the chamber, the end cap defining a bottom end of the vessel; one or more heaters 460 adhered to a bottom surface of the base of the chamber to heat at least a portion of the chamber, the one or more heaters extending along at least a portion of the bottom surface of the base, a temperature sensor can be located on an underside of the heated portion of the container.
One of skill in the art would have found it obvious to modify the screwable engagement of the Lavoie device with the more permanent adhesive attachment of the heater and the temperature sensor as taught by Alexander or Row, so as to provide a superior thermal contact with the bottom of the container in order to effect better heat efficiency.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lavoie (US 6013901) in view of Fisher et al (US 3931494) and Row et al. (US 9993609) and further in view of Alexander (US 2013/0200064).
Lavoie in view of Fisher and Row discloses the claimed invention except in reference to claim:
4. (New) The mug of Claim 2, further comprising a charging coaster configured to provide power to the one or more batteries when the mug is placed on the charging coaster.
Alexander discloses a similarly heated mug including the use of a charging coaster configured to provide power to the one or more batteries when the mug is placed on the charging coaster. One of skill in the art would have found it obvious to modify the Lavioie device as taught by Alexander to provide a simple way to charge the onboard battery by including the teachings regarding the battery and charging means of Alexander into the base of the Lavoie device.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-21 have been considered but are not persuasive. Applicant’s argument is solely that the amended limitations are not taught or suggested by the prior art. See the revised rejection above showing the interpretation of the newly added limitations and the art.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached on 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
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