DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16th, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 18/124,283, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
Regarding claims 1, 15, and 19, while the garment insert, the textile panel having grid receptacles, the cooling units, and polymer frame are each taught, explicitly or by implication, at least the teaching of one or more “grid structure(s)” as claimed in lines 9-16 interacting with the “cooling units” as claimed in lines 29-31 and any particulars thereof is not taught in ‘283 or any application predating it.
Therefore, the filing date for at least the independent claims March 7th, 2023.
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.
Claim 3 is 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 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 1-5, 7-13, 15, & 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Schlam et al. (U.S. Pub. No. 2020/0107601 A1) (hereinafter “Schlam”) in view of Patz et al. (U.S. Patent No. 5,800,490) (hereinafter “Patz”), and optionally Limon et al. (WO 2016/183038 A1) (hereinafter “Limon”) and/or Fletcher et al. (U.S. Pub. No. 2005/0065581 A1) (hereinafter “Fletcher”) and/or Mackenroth et al. (U.S. Patent No. 4,130,902) (hereinafter “Mackenroth”).
Regarding claims 1-5, 7-13, 15, and 17-20, Schlam teaches a textile panel for incorporation into a wearable article of clothing or garment, such as a headband or armband [0013, 0096, 0100], the textile panel adjacent the dermal surface for moisture/sweat wicking and heat transfer/cooling purposes [0014] and flexible such that it can conform to the user’s geometry in use [0013, 0023], the textile panel comprising one or more apertures (grid receptacles) [0095, 0104], each receptacle corresponding to an inserted heatsink (cooling unit), each heatsink comprising a substrate, such as metal or graphite foam, having a plurality of pores the outer and inner surface of the substrate being coated by a hydrophilic coating, such as a cementitious mixture, that filters hydrophobic molecules, the heatsink being able to wick moisture/sweat [0011, 0021, 0027-0043], wherein moisture and heat transfer properties being derived in part from the heatsink geometry comprising a base portion with an internal surface for contacting the dermal surface and adjacent and/or coplanar with the inner surface of the fabric and an external surface of the base portion having a grid-like array of protruding fins (columns) defining a plurality of grooves therebetween that increases the surface area of the external surface increasing heat dissipation due to convection [0014, 0021, 0027-0028, 0035, 0045], wherein the multiple heatsinks can form a cooling system having one or more different/various sizes/shapes of heatsinks and are spaced along the fabric far apart enough to permit flexure of the textile panel [0023, 0035, 0096] wherein a heatsink retainer for permanently or removably holding the heatsink comprising a polymer frame may additionally be melt-bonded or injection molded to a perimeter edge surface (depicted) and/or an inner periphery (not depicted) and optionally the perimeter of the heatsink (depicted/not depicted), wherein the heatsink may be further or alternatively mechanically secured by a set of claws extending from the polymer frame and extending partially into the grooves defined between the fins [0022, 0088-0089, 0097-0098], wherein the set of claws can be retractable to release the heatsink [0098], however the method of coupling the heatsink to the textile panel can be performed in any other way [0099].
Patz teaches a lightweight, portable cooling device comprising a textile shell (panel) having a plurality of device/module openings with a retention mesh (grid structures) coplanar with, within, and spanning each device/module opening, having a grid-like array of apertures affixed to the shell surface) such that the mesh creates a pocket in the device/module openings that can house a variety of objects (col. 5, lines 51-60) that would flex outwardly to contain the inserted device (Fig. 3) that would remain in contact with the user for cooling purposes.
It would have been obvious to one of ordinary skill in the art at the time of invention to provide a retention net grid structure with a grid array of apertures as the entirety of or replacing the securing claws on the polymer frame, in the latter case being coplanar or substantially coplanar with the heat sink openings/receptacles. One of ordinary skill in the art would have looked to the art for other methods of securing one or more heatsinks within one or more corresponding heatsink apertures, wherein the retention mesh would have provided a lightweight, flexible option that would have easily accommodated a variety of heatsink shapes/sizes, wherein securing would have been obvious to insert the grid-like array of fins into corresponding grid-like array of mesh apertures.
Furthermore, in the event that it would not have been obvious to correspond mesh apertures and fins, in the event that the grid array of apertures is not coplanar with the heat sink openings/receptacles and/or comprising coplanar surfaces, or in the event that the interaction of the retention mesh with the polymer frame is not clear:
Limon teaches a cooling system for a vest comprising at least one heatsink housed in a corresponding heat exchange aperture of the vest shell, wherein at least a portion of the fins of the heat sink extend outwardly of the vest shell [0005, 0056].
AND/OR
Fletcher teaches a plurality of rigid thermally conductive members/heatsinks, such as graphite or metal [0013] for cooling a user’s skin having a base portion (All Figs. [28]) and a grid array of prongs (columns) providing increased surface area for heat transfer projecting from an external surface of the base portion [0036, 0054], wherein the side and external surfaces of the base portion are overmolded by a flexible plastic exposing the bottom surface that it is coplanar with such that it remains in contact with the user’s skin the flexible plastic allowing for conformance to the local counters of a user’s anatomy [0035-0036], the plastic covering the base portion but leaving the prongs exposed [Fig. 1, claim 24] though an array of grid apertures, wherein the thermally conductive members can also be removably inserted therein [0044].
AND/OR
Mackenroth teaches a cooling band comprising a porous fluid transfer and cooling absorbent member having grid array of protruding areas for increased surface area providing increased evaporation to enhance the cooling effect the protruding areas the protruding areas defining a plurality of slots therebetween such that the protruding areas are in register with the grid array of apertures of an injection molded net fastener that comprises a coplanar side portion that mechanically couples and retains the absorbent member in conjunction with an injection molded supporting member.
It would have been obvious to one of ordinary skill in the art at the time of invention to provide each polymer frame with an integral and/or mechanically coupled grid structure comprising a grid array of apertures within and spanning the heatsink opening/receptacle with at least a portion being bonded to the perimeter edge and/or the inner periphery of the heatsink opening/receptacle and optionally another integral or separate portion bonded to the corresponding heatsink, the grid structure being coplanar or substantially coplanar (i.e. raised slightly above) with the heatsink openings/receptacles. One of ordinary skill in the art would have been motivated to provide only the heat exchanging fins as protruding from the heatsink opening/receptacle to maintain a low/flat profile [Limon] wherein the grid array would have been part of an integral molding [Fletcher] AND/OR as part of a mechanically coupled system with one part supporting the cooling unit and the other portion retaining it [Mackenroth].
Claims 6 & 16 are rejected under 35 U.S.C. 103 as being unpatentable over Schlam, in view of Patz and Fletcher, and optionally Limon and/or Mackenroth, as applied to claims 1 & 5 above, further in view of Zimmerman (U.S. Pub. No. 2018/0242555 A1) (hereinafter “Zimmerman”) OR Ulmer et al. (U.S. Pub. No. 2018/0263326 A1) (hereinafter “Ulmer”) regarding claim 16, and Pärssinen et al. (U.S. Pub. No. 2017/0354861 A1) (hereinafter “Pärssinen”) and Ulmer et al. (U.S. Pub. No. 2018/0263326 A1) (hereinafter “Ulmer”) regarding claim 6.
Regarding claims 6 and 16, while Fletcher teaches the flexible molded retaining device as possibly comprising silicone from a number of choices [0015, claims 12-13]. The choice of silicone is not motivated and polycaprolactone is not taught.
Zimmerman teaches a wrappable cooling device, wherein a silicone rubber is preferably due to it being compressible and flexible such that it may be wrapped/provided around an irregularly shaped body part [0012, 0060, 0068].
OR
Ulmer teaches a wearable cooling device, wherein silicone rubber is a compressible yet resilient rubber that may function as a biasing component, such that a lower component is biased against the skin of the individual wearer [0089].
It would have been obvious to one of ordinary skill in the art at the time of invention to provide at least the grid structure and optionally the polymer frame as comprising a silicone. One of ordinary skill in the art would have been motivated to provide a compressible and flexible material that is conformable to an irregularly shaped body part [Zimmerman] OR provide a retaining component as a biasing component that biases the retained part against the skin of the wearer [Ulmer].
Alternatively and regarding claim 16, Pärssinen teaches a wearable protection device comprising a thermoplastic portion that is moldable to a contour of the wearers body, the portion preferably comprising polycaprolactone [0012-0017] due to it being biodegradable and comprising a low softening temperature that can be easily molded directly to the anatomical contours of a wearers body either before or in-situ [0032, 0034, 0035, 0039-0040], wherein a separate region may be formed from an elastic or soft polymer for increased flexibility and may be formed as a grid, mesh, or web, and typically having a higher melting point than the thermoplastic polymer, such as silicone from a variety of options [0073, 0078-0087, 0113, 0173, 0239].
Furthermore, Ulmer teaches a wearable cooling device, wherein silicone rubber is a compressible yet resilient rubber that may function as a biasing component, such that a lower component is biased against the skin of the individual wearer [0089].
It would have been obvious to one of ordinary skill in the art at the time of invention to provide at least the grid structure as silicone and the polymer frame component bonded to the textile panel and/or heatsink adjacent the skin as polycaprolactone. One of ordinary skill in the art would have been motivated to provide a supporting yet easily low-heat moldable/shapable region as conformable to the skin and/or nearby objects [Pärssinen], wherein the retaining component would be provided as a biasing component that biases the retained part against the skin of the wearer [Ulmer].
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Schlam, in view of Patz and optionally Limon and/or Fletcher and/or Mackenroth, as applied to claim 1 above, further in view of Strauss (U.S. Patent No. 7,721,349 B1) (hereinafter “Strauss”).
Schlam teaches that the use may drench or spray the textile panel and one or more heatsinks thereon [0016, 0111] and both Fletcher and Mackenroth teach providing a volume of water via a water supply to the cooling units/heatsinks, but do not implicitly or explicitly teach the fluid channels fluidly coupled to the water supply and extending through the set of grid structures which further comprise pores to release the water from the fluid channels toward the cooling units/heatsinks.
Strauss teaches a cooling device as part of a garment, such as a headband or armband, comprising a plurality of heatsink elements comprising porous, moisture/sweat wicking members having base members with an external surface having a plurality of fins protruding therefrom, wherein the cooling device may be additionally doused/soaked or sprayed with water for additional cooling power, but such wetting methods have a number of drawbacks (col. 12, lines 40-62), wherein a solution would be one or more reservoirs acting as water supply devices (col. 12, line 63 – col. 13, line 8) fluidly connected to the plurality of heatsinks by comprise a set of capillary channels/conduits and/or a set of gravity fed channels/conduits (col. 14, lines 15-54; col. 28, lines 27-36; col. 31, lines 59 – col. 32, line 13) to provide a directed flow of evaporative fluid to prevent it from setting at the bottom of the device, wherein the fin ends adjacent the external surface of the base member are supplied by the reservoir (col. 7, lines 41-44).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide a reservoir fluidly connecting with the plurality of heatsinks via a set of fluid channels, wherein it would have been obvious to form grid structure portion contacting the proximal end of the fins and top of the base member as porous/perforated to release water provided by the fluid channels. One of ordinary skill in the art would have been motivated to use planned channels/conduits better direct fluid within the device to prevent it from setting and to provide it more efficiently to the heatsink elements, wherein the pores in the grid structure better enhance the delivery of water to the most important portions of the heatsink covered by the polymer [Strauss].
Conclusion
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to JEFFREY A VONCH whose telephone number is (571)270-1134. The Examiner can normally be reached M-F 9:30-6:00.
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, Frank J Vineis can be reached at (571)270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY A VONCH/Primary Examiner, Art Unit 1781 December 6th, 2025