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 11.13(a). As the drawings are not executed in durable, black, sufficiently dense and dark, uniformly thick and well-defined, lines and strokes without colorings.
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 23 objected to because of the following informalities: “the wearable product is therapeutic product” should be “the wearable product is a therapeutic product”. Appropriate correction is required.
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 1-10, 20-24, 26 and 27 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 1 recites the limitation “the first fabric layer” in the fifth line. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "a second thermally conductive layer" in the second line. As there is no first layer claimed, it is unclear if two thermally conductive layers are required. In the interest of compact prosecution examiner will treat the limitation as only requiring one thermally conductive layer.
Claim 23 recites the limitation “the wearable product is therapeutic product.” It is unclear what the definition of therapeutic product is, and therefore the claim is indefinite.
Examiners Note
Due to the limitation of claim 4 requiring the base layer to be the top layer (18), a parallel rejection of claim 1 is required thereby necessitating rejections listed as BeuckelaereA and BeuckelaereB below.
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.
Claims 1-3, 5, 6, 8, 12, 20, 21, 23 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Beuckelaere et al. (US Publication 2020/0281046) hereafter referred to as Beuckelaere, in view of Rock et al. (US Patent 6373034) hereafter referred to as Rock. The combined apparatus shall be referred to as BeuckelaereA as there is a second embodiment below.
Regarding claims 1, 2, and 12, Beuckelaere teaches a heating apparatus comprising, a thermal insulation layer made of batting material (22), a heating layer or element (12) that includes an electrically conductive wire (12) that is in series (Figure 6) that is connectable to a power source like a wall outlet through a power cord (42) to let electricity flow through it and therefore heat up [0037], a thermally conductive layer (14) that facilitates evening out the distribution of heat to the user’s body [0038], and a base layer (20).
Beuckelaere does not teach a base layer comprising thermally conductive yarn (Claim 2), that multiple electrically conductive wires in parallel or thermally conductive cording yarns that attach each wire to the first fabric layer (Claim 1) or the base layer (Claim 12) by cording embroidery, the cording yarns extending along and cording around the respective wire (Claims 1 and 12).
Rock teaches a heating fabric body that is made with stich (22) and loop (25) yarn that includes conductive yarns that are electrically in parallel (Column 7, Lines 52-56) that may be fastened to the surface or fabric layer by embroidery stiches or sewing (Column 9, Lines 58-60).
Because both Beuckelaere and Rock teach electrical heating wiring, it would have been obvious for one of ordinary skill in the art to substitute the parallel heating wires embroidered onto fabric of Rock for the continuous wire in series of Beuckelaere to achieve the predictable result of powering the heating wires and heating the apparatus.
Regarding claims 3, 5, and 6, Beuckelaere teaches a singular or first thermally conductive layer (Beuckelaere 14) and a thermal insulation layer (22) made of batting material which is porous and insulative [0043] and the base layer is between the heating layer (12) and the thermally conductive layer (14) when the heating wire is on the bottom of the base layer facing towards the thermal insulation layer (22), and the wherein the heating layer (12) is interposed between the base layer and thermal insulation layer (22).
Regarding claim 8, Beuckelaere teaches that the thermally conductive layer (Beuckelaere, 14) or insulation layer (20) covers the heating layer (12) depending on whether the heating wire is on the top or the bottom of the base layer and can therefore be considered the cover layer and the heating layer is between the cover layer and the base layer.
Regarding claims 20 and 23, Beuckelaere teaches (Figures 20-26) a heated eye wrap which is a fabric body that the heating apparatus is attached to which is a therapeutic product.
Regarding claim 21, Beuckelaere teaches that the device is powered by wall outlet through a power cord (42) or alternatively a detachable battery pack [0045].
Regarding claim 24, Beuckelaere teaches (Figure 20-22) a heated eye wrap with a strap constructed from an elastic material [0051] which is a compression element that is configured for applying compression pressure.
Claims 1, 4, 5, 6, 8, 20, 21, 23, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Beuckelaere et al. (US Publication 2020/0281046) hereafter referred to as Beuckelaere, in view of Rock et al. (US Patent 6373034) hereafter referred to as Rock. The combined apparatus shall be referred to as BeuckelaereB as to not be confused with BeuckelaereA above.
Regarding claims 1 and 4, Beuckelaere teaches a heating apparatus comprising, a base layer (18) a thermal insulation layer made of batting material (22), a heating layer or element (12) that includes an electrically conductive wire (12) that is in series (Figure 6) that is connectable to a power source like a wall outlet through a power cord (42) to let electricity flow through it and therefore heat up [0037], a thermally conductive layer (14) that facilitates evening out the distribution of heat to the user’s body [0038] which is between the heating layer (12) and a base layer (18).
Beuckelaere does not teach that multiple electrically conductive wires in parallel or thermally conductive cording yarns that attach each wire to the first fabric layer by cording embroidery, the cording yarns extending along and cording around the respective wire.
Rock teaches a heating fabric body that is made with stich (22) and loop (25) yarn that includes conductive yarns that are electrically in parallel (Column 7, Lines 52-56) that may be fastened to the surface or fabric layer by embroidery stiches or sewing (Column 9, Lines 58-60).
Because both Beuckelaere and Rock teach electrical heating wiring, it would have been obvious for one of ordinary skill in the art to substitute the parallel heating wires embroidered onto fabric of Rock for the continuous wire in series of Beuckelaere to achieve the predictable result of powering the heating wires and heating the apparatus.
Regarding claims 5, and 6, Beuckelaere teaches a singular or first thermally conductive layer (Beuckelaere 14) and a thermal insulation layer (22) made of batting material which is porous and insulative [0043] and the heating layer (12) is between the base layer (18) and the thermal insulation layer (22).
Regarding claims 20 and 23, Beuckelaere teaches (Figures 20-26) a heated eye wrap which is a fabric body that the heating apparatus is attached to which is a therapeutic product.
Regarding claim 21, Beuckelaere teaches that the device is powered by wall outlet through a power cord (42) or alternatively a detachable battery pack [0045].
Regarding claim 24, Beuckelaere teaches (Figure 20-22) a heated eye wrap with a strap constructed from an elastic material [0051] which is a compression element that is configured for applying compression pressure.
Claims 7 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over BeuckelaereA or BeuckelaereB as applied to claim 5 above, and further in view of Wolf (US Patent 2783358)
BeuckelaereA and BeuckelaereB both teach all of the limitations of claim 5, but do not teach a thermal reflective layer formed on the thermal insulation layer, wherein the thermal insulation layer is interposed between the heating layer and thermal reflective layer (Claim 7) or that the thermal reflective layer is made of aluminum (Claim 27)
Wolf teaches an electrical heating pad with a heat reflective layer (12) made of aluminum foil (Column 2, Lines 34-38) that is formed on a rubber or thermal insulation layer (13) (Column 2, Lines 50-55) so that the and the thermal insulation layer (13) is between the heating later (15) and the heat reflective layer (12) to reflect heat and therefore increase efficiency by reducing heat loss (Column 4, Lines 50-54).
It would have been obvious to one of ordinary skill in the art to include the heat reflective layer made of aluminum foil in the location disclosed in Wolf in the thermal heating apparatus of BeuckelaereA or BeuckelaereB. As disclosed in Wolf the motivation for the combination would be to increase efficiency by reducing heat loss.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over BeuckelaereA and BeuckelaereB as applied to claim 1 above, and further in view of Deloire et al. (US Patent 3729613) hereafter referred to as Deloire.
BeuckelaereA and BeuckelaereB both teach all of the limitations of claim 1, but does not teach that each wire has a multifilament structure comprising: a plurality of electrically conductive filaments, an insulation element surrounding the electrically conductive filaments (Claim 8), and a protective coating around the insulation element (Claim 10).
Deloire teaches a heating garment where the heating wire is a multiple strand wire covered with a layer of polyvinyl chloride which is an insulator, when is them braided together and then covered another layer of polyvinyl chloride (Column 2, Lines 45-53). The braiding safeguards the user in the case of a fault in the insulation means and distributes the heat produced more uniformly (Column 2, Lines 59-61).
It would have been obvious to one of ordinary skill in the art to include the braided insulated wires disclosed in Deloire in the heated garment of BeuckelaereA or BeuckelaereB. As disclosed in Deloire, the motivation for the combination would be to safeguard the user in the case of a fault in the insulation means and distributes the heat produced more uniformly
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over BeuckelaereA as applied to claim 12 above, and further in view of Craddick et al.(US Patent 1436384) hereafter referred to as Craddick.
BeuckelaereA teaches the limitations of claim 12, but does not teach forming a continuous electrically conductive wire on the base layer; and cutting the continuous wire at one or more loops thereof to thereby form the plurality of electrically conductive wires (Claim 13) or attaching of each wire comprises attaching the continuous wire to the base layer by cording embroidery before cutting the loops (Claim 14).
Craddick teaches an electrical pad where the wiring is woven into the fabric for multiple pads continuously and then cut afterwards in order to weave the pads in an economical manner (Page 1, Lines 50-76).
As the modified device of BeuckelaereA does not teach how the heating layer is formed, and Craddick teaches a method of forming heating layers for heating pads, it would be obvious to one of ordinary skill in the art to use the method of Craddick in making the heating layers of the modified device of BeuckelaereA. As disclosed in Craddick, the rationale for the combination would be to make the heating layers in an economical manner.
Claims 22 is rejected under 35 U.S.C. 103 as being unpatentable over BeuckelaereA or BeuckelaereB as applied to claim 21 above, and further in view of Lamp (US Patent 3641288).
BeuckelaereA and BeuckelaereB both teach that the heating pad may include a detachable battery pack or a power cord, but does not teach that intermediary connector comprises a pair of magnetic elements that correspond to positive and negative terminals of the power source.
Lamp teaches a battery compartment with spring contacts (31) made of spring steel to provide an electrical connection between the battery (28) that correspond to the two terminals of the battery and the rest of the device by frictionally engaging the battery (28) (Column 2, Lines 39-43). Steel spring being an iron alloy is magnetic.
It would be obvious to one of ordinary skill in the art to include the steel spring battery contacts disclosed in Lamp in the detachable battery pack of Beuckelaere. As disclosed in Lamp the motivation for this combination would be to engage the batteries and ensure an electrical connection.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over BeuckelaereA or BeuckelaereB as applied to claim 1 above, and further in view of Benyaminpour et al. (US Publication 2017/0246031) hereafter referred to as Benyaminpour.
BeuckelaereA and BeuckelaereB both teach all of the limitations of claim 1 and that the thermally conductive or temperature retaining component may include any fluid or solid heat-retaining material, but does not teach that it is made of graphene.
Benyaminpour teaches a cooling or heating pad that includes a temperature-retentive or conductive material such as graphene [0028].
As BeuckelaereA and BeuckelaereB teaches a thermally conductive or temperature retaining component, but does not teach what it is made out of, and Benyaminpour teaches that graphene is a material that thermally conductive or temperature retaining components can be made out of, it would been obvious to one of ordinary skill in the art to use the graphene material of Benyaminpour in the thermally conductive or temperature retaining component of BeuckelaereA and BeuckelaereB for the predictable result of retaining and transferring the heat.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ball et al. (US Patent 4696066) teaches a heated coat liner with wires running in parallel but does not teach thermally conductive yarn.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Drew J Mitchum whose telephone number is (571)272-5610. The examiner can normally be reached 8-4:30.
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/D.J.M./Patent Examiner, Art Unit 3761
/EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761
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