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 .
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.
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 1-9 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.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
Regarding claims 1-9, the phrase "characterized" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. The transitional phrase (i.e. between the preamble and the body of a claim) “characterized” and phrases incorporating it (“characterized by”, “characterized in that”, etc.) are common in applications of European origin in US practice claims containing these words and phrases may be rejected under 35 USC 112(b) when characterized may connote more than mere description (the dictionary definition); in scientific parlance characterization may imply one or more physical steps or procedures (e.g. structure determination, elemental analysis, or qualitative tests) to identify a product. Since it is rare that applicant intends more than a mere description when using this language, physical steps are rarely disclosed. As such, the reader may be unsure about the meaning of the wording of the claims, and additionally the scope of the claim is often unclear (“characterized” conveys no degree of openness). Usually these troublesome words or phrases can be replaced by the standard transitional words “having”, ”comprising”, and “wherein”.
Claim 1 recites the limitation " tube connector" throughout. There is insufficient antecedent basis for this limitation in the claim. Applicant has antecedent basis for a plurality of tube connectors and it is suggested that this limitation be amended to recite ---a tube connector of the plurality of tube connectors--
Claim 1 recites “wherein the tail end of the flexible extension pad is provided with a plug and a USB transmission cable opposite to the tube connector and the USB port respectively and electrically coupled to the electric heating plate, such that the electric heating compress pad is plugably/unplugably inserted and positioned to the tube connector of the main system” in lines 39-40 and it is unclear how the electric heating compress pad is inserted and positioned to a tube connector. Is Applicant claiming a positioning relative to the tube connector? It would appear that the electric heating compress would be connected to the USB port, but it is unclear why it would be inserted and positioned in/to the tube connector.
The term “quick” in claim 1 is a relative term which renders the claim indefinite. The term “quick” 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 1 recites “a quick cold compress” and “a quick hot compress” and it is unclear if this is meant to reference a type of connection, a time it takes to make a connection or the time of heating or cooling with the compress.
Claim 1 recites “during a quick cold compress” in line 43 and it is unclear if “a quick cold compress” is another compress or a setting or steps that the device is configured to perform. For the purpose of the application of prior art, the limitations of lines 43-51 have been interpreted as steps that the device is configured to perform.
Claim 1 recites “a quick cold compress” in lined 50-51 and it is unclear if this is another quick cold compress as recited in line 43 or further limiting of the quick cold compress as recited in line 43.
Claim 1 recites “a hot and cold switch” in line 52 and it is unclear if this is mean to be a structure or steps that the device is configured to perform. For the purpose of the application of prior art, the limitations of lines 52-60 have been interpreted as steps that the device is configured to perform.
Claim 1 recites “a hot and cold compress switch” in line 60 and it is unclear If this is another hot and cold compress switch or meant to reference the hot or cold compress switch in line 51.
Claim 1 recites “a quick hot compress” in line 61 and it is unclear if this is meant to be an additional compress or a setting or steps that the device is configured to perform. For the purpose of the application of prior art, the limitations of lines 61-67 have been interpreted as steps that the device is configured to perform.
Claim 1 recites “a quick hot compress” in line 66 and it is unclear if this is another quick hot compress or meant to reference the quick hot compress in line 60.
Claims 2-9 are necessarily rejected as being dependent on rejected claim 1.
Prior art has been evaluated with respect to the claims as best understood.
Allowable Subject Matter
Claims 1-9 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not teach or fairly suggest the combination of elements as best understood in claims 1-9.
The closes prior art US 2014/0222121 A1 to Spence et al (Spence) teaches heating and cooling systems, device and methods (title) including different dual water circuit design embodiments (see Figs. 19A-21, 24-25D) comprising,
a main system (342/344, 410) having a casing (Figs. 18A-18C; [0099] which states in part “The cold fluid reservoir 342 may be constructed in any manner disclosed herein, or in other manners…The heated reservoirs associated with the invention may take on any desired form.”; [0105] which states in part “a three chamber thermally insulated container 410 including a hot fluid reservoir 412, a return fluid reservoir 412, and a cold fluid reservoir 416.”), which is separated into a cold water chamber (342, 416) provided for storing cold water and installed with a refrigeration module ([0094] which states in part “a cooling unit 20, which may be a highly controllable electronic unit that utilizes thermoelectric cooling devices, or may be a more economically practical cooling unit that uses a thermally insulated cooler containing, for example, ice water.”), a hot and cold water chamber (344, 412) for storing cold water or hot water and installed with a heating module (312), a plurality of tube connectors installed and configured relative to the exterior surface of the accommodation space (Figs. 19-21 and 24-25D) an electronic control system including an operation interface installed outside the casing, a motherboard (implicit), a cold water pump (220), a hot and cold water pump (220a) and a set of solenoid valves (362/364, 418/420; [0162] which states “The flow and temperature characteristics can be controlled by valves (mechanically, electrically (solenoid valves for example).”), the refrigeration module and the heater electrically coupled to the motherboard ([0162]), the cold water pump in communication with the set of solenoid valves and cold water chamber through a set of internal pipings (Fig. 20D), the hot and cold water chamber in communication with the set of solenoid valves and the hot and cold water chamber through a set of internal pipings (Fig. 20D), such that the cold water pump and the hot and cold water pump can pump water in the cold water chamber and the hot and cold water chamber to the tube connector (Fig. 20D)
at least two compress pads ([0075] which states in part “Additional input and output conduits 62, 64 may be provided for coupling to the pad 51 to allow easier hot/cold therapy by the respect pads 50, 51.”), the two compress pads being flexible and attachable to a surface of an affected part of a human body, one of the two compress pads being a hot and cold water compress pad (Figs. 23A-23C) including a hot and cold compress body (Figs. 23A-23C) substantially in the shape of a sheet, a uniform temperature compress surface (side that contacts the individual 12) attachable to an affected part of the human body, a backside (side that contacts the garment 218) opposite the uniform temperature compress surface (Figs. 23A-23C), a cold water channel (402), and a hot an cold water channel (400) separated from and independent of each other (Figs. 23A-23C) are disposed between the uniform temperature compress surface and the backside (Figs. 23A-23C), the cold water channel and the hot and cold water channel are arranged in a winding shape (Figs. 23A-23C) and each of the cold water channel and the hot and cold water channel is pluggably/unpluggably inserted into the tube connectors of the main body portion through a set of hot and cold water tubes respectively (Figs. 19A-21, 24-25D).
Spence teaches an alternative embodiment for providing heating and cooling that has heating/cooling pad structures of alternative designs. In Fig. 16 A, the pads (270) include both cooling channels as well as electric heating elements (272) that may be secured directly to the pads for alternative or also providing selective heat therapy to the user which allows for contract therapy and other therapies ([0096]). In Fig. 16 B, an electric heating mesh structure (276) is applied directly on top of the cooling pad (274) and secured thereto in a suitable manner or the heater mesh (276) may be located between the cooling pad (274) and the inner liner (278) of the garment ([0096]). Alternatively, the heater mesh (280) may be integrated directly into the cooling pad (282) between the cooling channels (284]). Paragraph [0017] of Spence states that “Applying heat may further comprise delivering hot fluid to the spaced thermal fluid passages of the pad while the pad is applied to one or more body parts. Optionally, applying heat may include doing so from an electric heater affixed to the pad while the pad is applied to one or more body part.”
Spence teaches the electric heating as an alternative embodiment to providing both heating and cooling as that presented with respect to heating and cooling fluids and there is no motivation to provide a heating pad as in Figs. 23A-23C and Figs. 16A-16B.
Spence additionally is silent with respect to a heating and refrigeration module in the hot and cold-water chamber. Spence only teaches a heater (213) for actively heating the fluid that may be regulated with a radiator having a suitable temperature sensor to prevent the fluid from getting too hot ([0099]). Spence does not contemplate a refrigeration module in the hot water chamber and there would be no motivation to provide such a module to Spence.
Spence teaches automaton designs ([0160-0171]) where the entire cooling/heating system can be completely automated and controlled though a series of sensors, switches and logic ([0160]). The sensors report their outputs to a central logic board, which can control the settings of the entire system. The flow and temperature characteristics controlled by valves (mechanically, electrically (solenoid valves for example), etc.). The logic center can also control the start and stop of treatments ([0162]). Therefore, it is reasonable that the system of Spence is suitable for performing the steps of the quick cold compress and the hot and cold compress switch. However, given the alternative designs of the electric heating element and the heated fluid there would be no motivation for the automated design to provide both heated fluid and electric heating steps in the same embodiment.
Spence additionally it silent with respect to the configuration of the electronic control system in that the electronic device, the pumps and the valves are in an accommodation space formed between the cold-water chamber and the hot and cold-water chamber and the electric pad connectable through connectors, with a plug end and a USB port. While the configuration of the electronic control system could be considered obvious matters of engineering design choice, given the totality of the claimed language this configuration in combination with the other elements set forth above is weighted toward allowability.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAITLYN E SMITH whose telephone number is (571)270-5845. The examiner can normally be reached Monday-Friday 9am-5pm.
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/KAITLYN E SMITH/Primary Examiner, Art Unit 3794