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 .
Election/Restrictions
Applicant’s election without traverse of 1-18 in the reply filed on 10/31/2025 is acknowledged.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 limitation(s) is/are:
“forced air device” in claim 1.
“thermally conductive element” in claim 1.
“heating device” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and 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 1-18 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 skin". There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the high thermally conductive element". There is insufficient antecedent basis for this limitation in the claim.
The term “high” in claim 2 is a relative term which renders the claim indefinite. The term “high” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 5 recites the limitation "the wrist, neck or ankle". There is insufficient antecedent basis for this limitation in the claim
Claim 7 recites the limitation " skin of the user's body". This limitation is unclear and confusing because is unclear if the skin is referring to the previously mentioned skin in claim 1.
Claim 13-14 and 17 recites the limitation "the media". There is insufficient antecedent basis for this limitation in the claim
Claim 18 recites the limitation "the skin". There is insufficient antecedent basis for this limitation in the claim.
Double Patenting
Claims 1-4, 6-7, 12-18 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1, 3-4 6, 8, 10-13, 19 of prior U.S. Patent No. 11,946,479. This is a statutory double patenting rejection.
Re claim 1, in view of US Pat No. 11,946,479 claim 1.
18/607,833 (current application)
US Pat No. 11,946,479
a housing defining a reservoir for receipt of a liquid;
a housing defining a reservoir for receipt of a liquid;
a forced air device positioned within the housing;
a forced air device positioned within the housing;
a thermally conductive element mounted with respect to the housing and positioned for thermal interface with the user's body, the thermally conductive element having a thermal conductivity of 50-430 watts/meter-Kelvin, at a temperature between 273° K and 300° K, which enables heat transfer away from the skin of the user for the user to feel a coolness from contact with the thermally conductive element;
a thermally conductive element mounted with respect to the housing and positioned for thermal interface with the skin of a user, the thermally conductive element having a thermal conductivity of 50-425 watts/meter-Kelvin, at a temperature between 273° K and 300° K, which enables heat transfer away from the skin of the user for the user to feel a coolness from contact with the thermally conductive element;
a wetted media positioned within the housing, the wetted media (i) in fluid communication with liquid received by the reservoir, and (ii) in direct contact with the thermally conductive element for direct thermal communication with the thermally conductive element; and
a wetted media positioned within the housing, the wetted media (i) in fluid communication with liquid received by the reservoir, and (ii) in direct contact with the thermally conductive element for direct thermal communication with the thermally conductive element; and
means for attaching the housing with respect to the user's body;
means for detachably securing the housing relative to a user; (per 112f is the same means)
wherein the thermal conductivity of the thermally conductive element enables the thermally conductive element to cool down based on heat transfer to the wetted media, and
wherein the thermal conductivity of the thermally conductive element enables the thermally conductive element to cool down based on heat transfer to the wetted media, and
wherein operation of the forced air device effects evaporative cooling through liquid evaporation from the wetted media and, based on direct thermal communication between the wetted media and the thermally conductive element, effects cooling of the thermally conductive element positioned for thermal interface with the user's body.
wherein operation of the forced air device effects evaporative cooling through liquid evaporation from the wetted media and, based on direct thermal communication between the wetted media and the thermally conductive element, effects cooling of the thermally conductive element positioned for thermal interface with the skin of the user.
Re claim 2, in view of US Pat No. 11,946,479 claim 3.
18/607,833 (current application)
US Pat No. 11,946,479
wherein the high thermally conductive element is fabricated in whole or in part from the group consisting of aluminum, beryllium, bismuth, bronze, chromium, copper, gallium, iron, lead, magnesium, manganese, silicon, silver, titanium, vanadium, zinc, zirconium, carbon nanotube, graphene, and any combination thereof
wherein the thermally conductive element is fabricated in whole or in part from the group consisting of aluminum, beryllium, bismuth, bronze, chromium, copper, gallium, iron, lead, magnesium, manganese, silicon, titanium, vanadium, zinc, zirconium, carbon nanotube, graphene, and any combination thereof
Re claim 3, in view of US Pat No. 11,946,479 claim 1.
18/607,833 (current application)
US Pat No. 11,946,479
further comprising means for detachably attaching the housing with respect to the user's body
means for detachably securing the housing relative to a user
Re claim 4, in view of US Pat No. 11,946,479 claim 8.
18/607,833 (current application)
US Pat No. 11,946,479
wherein the means for detachably attaching the housing with respect to the user's body is selected from the group consisting of a strap and a clip
wherein the means for detachably securing the housing to a user is selected from the group consisting of a strap and a clip
Re claim 6, in view of US Pat No. 11,946,479 claim 8.
18/607,833 (current application)
US Pat No. 11,946,479
wherein the means for attaching is selected from the group consisting of one or more straps, clips, belts, lanyards, bands, cuffs, scarfs, ties, rings, bracelets, anklets, necklaces, elastic bands, elastic cords and metal segment expansion bands
wherein the means for detachably securing the housing to a user is selected from the group consisting of a strap and a clip
Re claim 7, in view of US Pat No. 11,946,479 claim 1.
18/607,833 (current application)
US Pat No. 11,946,479
wherein the housing is configured to be attached relative to skin of the user's body
effects cooling of the thermally conductive element positioned for thermal interface with the skin of the user
Re claim 12, in view of US Pat No. 11,946,479 claim 11.
18/607,833 (current application)
US Pat No. 11,946,479
further comprising a control system for (i) measuring at least one of a temperature of skin of the user's body and an ambient temperature, and (ii) controlling operation of the forced air device in response to the measured temperature
further comprising a control system for (i) measuring at least one of a temperature of the user's skin and an ambient temperature, and (ii) controlling operation of the forced air device in response to the measured temperature
Re claim 13, in view of US Pat No. 11,946,479 claim 4.
18/607,833 (current application)
US Pat No. 11,946,479
wherein the media is fabricated in whole or in part from the group consisting of fabric, pad, woven, non-woven, solid, fibrous, perforated, permeable, impermeable, variable permeability, porous, non-porous, variable porosity, closed-cell foam, open-cell foam, layering, corrugate or flute, layers of corrugate or flute, cross-fluted structure, and any combination thereof
wherein the wetted media is fabricated in whole or in part from the group consisting of fabric, pad, woven, non-woven, solid, fibrous, perforated, permeable, impermeable, variable permeability, porous, non-porous, variable porosity, closed-cell foam, open-cell foam, layering, corrugate or flute, layers of corrugate or flute, cross-fluted structure, and any combination thereof
Re claim 14, in view of US Pat No. 11,946,479 claim 6.
18/607,833 (current application)
US Pat No. 11,946,479
wherein the media is fabricated in whole or in part from the group consisting of rayon, viscose, cotton, cellulose, sponge, pulp, fluff pulp, paper, polyethylene, polypropylene, polyethylene terephthalate, polyester, polyolefin, and any combination thereof
wherein the wetted media is fabricated in whole or in part from the group consisting of rayon, viscose, cotton, cellulose, sponge, pulp, fluff pulp, paper, polyethylene, polypropylene, polyethylene terephthalate, polyester, polyolefin, and any combination thereof
Re claim 15, in view of US Pat No. 11,946,479 claim 10.
18/607,833 (current application)
US Pat No. 11,946,479
wherein the housing further includes a heating device
rein the device further includes a heating device
Re claim 16, in view of US Pat No. 11,946,479 claim 12.
18/607,833 (current application)
US Pat No. 11,946,479
wherein the liquid comprises water, alcohol, hygiene agents, and any combination thereof
wherein the liquid is comprised in whole or in part from the group consisting of water, alcohol, hygiene agents, and any combination thereof
Re claim 17, in view of US Pat No. 11,946,479 claim 13.
18/607,833 (current application)
US Pat No. 11,946,479
further comprising a media reinforcing material for providing mechanical strength to the media
further comprising a media reinforcing material for providing mechanical strength to the wetted media
Re claim 18, in view of US Pat No. 11,946,479 claim 19.
18/607,833 (current application)
US Pat No. 11,946,479
attaching a wearable device in contact or in close proximity to the skin of a user, the wearable device including (i) a housing defining a reservoir containing a liquid, (ii) a forced air device positioned within the housing, (iii) a thermally conductive element mounted with respect to the housing and positioned for thermal interface with the user's body, the thermally conductive element having a thermal conductivity of 50-430 watts/meter-Kelvin, at a temperature between 273° K and 300° K, and (iv) a wetted media positioned within the housing, the wetted media in fluid communication with liquid received by the reservoir, and in direct contact with the thermally conductive element for direct thermal communication with the thermally conductive element;
detachably securing a wearable device in contact or in close proximity to the skin of a user, the wearable device including (i) a housing defining a reservoir containing a liquid, (ii) a forced air device positioned within the housing, (iii) a thermally conductive element mounted with respect to the housing and positioned for thermal interface with the skin of a user, the thermally conductive element having a thermal conductivity of 50-425 watts/meter-Kelvin, at a temperature between 273° K and 300° K, and (iv) a wetted media positioned within the housing, the wetted media in fluid communication with liquid received by the reservoir, and in direct contact with the thermally conductive element for direct thermal communication with the thermally conductive element;
activating the forced air device of the wearable device to adjust the user's skin conditions, wherein the wearable device adjusts the user's skin conditions based on forced air passage over the wetted media that is in fluid contact with the liquid, and effectuating a cooling effect based on direct heat transfer from the thermally conductive element to the wetted media and vaporization of the liquid from the wetted media to effect evaporative cooling;
activating the forced air device of the wearable device to adjust the user's skin conditions, wherein the wearable device adjusts the user's skin conditions based on forced air passage over the wetted media that is in fluid contact with the liquid, and effectuating a cooling effect based on direct heat transfer from the thermally conductive element to the wetted media and vaporization of the liquid from the wetted media to effect evaporative cooling;
wherein the thermal conductivity of the thermally conductive element enables the thermal conductive element to cool down based on heat transfer to the wetted media.
wherein the thermal conductivity of the thermally conductive element enables the thermal conductive element to cool down based on heat transfer to the wetted media.
Allowable Subject Matter
Claims 5, 8-11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (see PTO-892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NELSON NIEVES whose telephone number is (571)270-0392. The examiner can normally be reached Monday to Friday 9am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NELSON J NIEVES/Primary Examiner, Art Unit 3763 2/4/2026
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763