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 .
Response to Amendment
This Office Action is responsive to the amendment filed 08 May 2026. As per the amendment: claims 1, 13, and 18-20 have been amended, claims 3, 4, and 15 are cancelled, and no claims have been added. Thus, claims 1-2, 5-14, and 16-20 are presently pending and under consideration.
Response to Arguments
Response to Arguments Regarding 35 USC § 102/103
In view of Applicant’s amendments, the 35 U.S.C. 103 rejection of independent claims 1 and 13 under Ein in view of Chen have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Choi, Jaeyoo, et al. "Lightweight wearable thermoelectric cooler with rationally designed flexible heatsink consisting of phase-change material/graphite/silicone elastomer." Journal of Materials Chemistry A 9.28 (2021): 15696-15703., hereinafter Choi.
Additionally, Applicant's arguments filed 08 May 2026 regarding the combination of Ein and Chen have been fully considered but they are not persuasive.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Examiner would further like to note that Chen’s flexible Peltier allows for the accommodation of stretching and/or contracting ([0100]) and this flexibility allows for the device to be wearable for long-term use which are desirable characteristics.
In response to applicant's argument that Chen is nonanalogous art, as Chen’s purpose is fundamentally different, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Chen teaches a “TE devices can be used to provide heating and/or cooling” and Ein discloses “a portable therapeutic apparatus for heating and cooling a body surface of a user” ([0002]), thus both devices are capable of performing the same functions. Additionally, Examiner does not agree that one of ordinary skill in the art seeking to improve a therapeutic device for injury treatment would not necessarily look to a personal comfort thermoregulation garment as a source of design modification. Examiner respectfully disagrees as Ein’s purpose is also for supplying warmth or coolness to a health person and can be used in a leisurely context ([0069]), additionally as both prior art references are directed to wearable Peltier devices a user’s comfort is an obvious matter that would be considered.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “bidirectional heating-and-cooling device in which graphite layer functions to manage heat on both heating and cooling sides of the Peltier”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Thus, claims 1-2, 5, 13-14, and 16 remain rejected under 35 U.S.C. 103, as described in detail below.
Applicant's arguments filed 08 May 2026 regarding 35 U.S.C. 103 rejection of claim 6 have been fully considered but they are not persuasive.
Applicant argues that the stacked configuration in the claimed device causes the top Peltier to act as an active heat sink for the bottom Peltier, producing a greater temperature differential on both the heating and cooling sides simultaneously, this is similarly taught by Ang, additionally, Applicant’s specification [0031] labels this as a thermoelectric cooler which is similarly taught by Ang.
Thus, claim 6 remain rejected under 35 U.S.C. 103, as described in detail below.
Applicant's arguments filed 08 May 2026 regarding 35 U.S.C. 103 rejection of claims 7-12 and 17-20 have been fully considered but they are not persuasive.
In response to applicant's argument that “the claimed temperature ranges are clinically derived therapeutic ranges drawn from temperature therapy protocols…The cold-side ranges….correspond to temperature used clinically for vasoconstriction, analgesia, and reduction of inflammation…The hot-side ranges…correspond to temperatures used for vasodilation, relied of muscle tension, and treatment of muscle fiber injuries”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Additionally, it should be noted that the clinical use of the these temperature is not recited in the claim and since not burning/freezing a wearer’s skin are desirable characteristics, one skilled in the art would be motivated to modify Ein to incorporate the teachings od Lee’s device.
Thus, claims 7-12 and 17-20 remain as previously rejected under 35 U.S.C. 103, as described in detail below.
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.
Claim(s) 1-2, 5, 13-14, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ein (US 2002/0026226 A1), hereinafter Ein in view of Chen et al. (US 2022/0013704 A1), hereinafter Chen, and further in view of Choi, Jaeyoo, et al. "Lightweight wearable thermoelectric cooler with rationally designed flexible heatsink consisting of phase-change material/graphite/silicone elastomer." Journal of Materials Chemistry A 9.28 (2021): 15696-15703., hereinafter Choi.
Regarding claim 1, Ein discloses a device (therapeutic apparatus 10) comprising:
a Peltier ([0076] “The apparatus generally includes…at least one TE device (here, shown as a thermal area or thermal plate 30)”, [0079] “The TE devices of the present invention are based on the Peltier Effect…hence, are called Peltier devices”, Claim 23, TE devices 52) ;
a power supply ([0094] “The power unit 70 provides the necessary power to the therapeutic apparatus. The power unit 70 includes a power supply 74, such as several batteries or fuel cells”) in electrical communication with the Peltier (view Figures 5 and 6);
a control switch (second switch, polarity switch 84) electrically coupled to the power supply and the Peltier ([0018] “The control unit of the therapeutic apparatus generally includes a controller, a first switch, and a second switch. The controller controls a desired temperature to be delivered to the body surface. The first switch, responsive to the actual temperature detected by the temperature sensor, disconnects the power unit when the actual temperature is above a maximum temperature or below a minimum temperature. The second switch communicates with the TE device to control the direction of current through the TE device and, hence, its operation as a heater or a cooler.”, view Figures 5 and 6), wherein the control switch is configured to control direction of current supplied from the power supply to the Peltier ([0018] “The second switch communicates with the TE device to control the direction of current through the TE device and, hence, its operation as a heater or a cooler.”); and
at least one flexible layer (wrap 16) coupled to the Peltier, wherein the at least one flexible layer is configured to retain the Peltier about a portion of a subject ([0076] “at least one TE device (here, shown as a thermal area or thermal plate 30 mounted to the wrap 16 to deliver a desired temperature to the body surface”, [0086] “The wrap 40 also includes a first insulate layer 50 and contact the outer wiring/tubing layer 53 and has embedded within the wiring/tubing layer the TE device 52 and a second insulate layer 51 which is in contact with the inner wiring/tubing layer 53. A first elastic layer 58 is disposed between the outer layer 42 and the first conductive layer 54, and a second elastic layer 60 is disposed between the inner layer 44 and the second conductive layer 56. These layers 58, 60 preferably are composed of a ventilated cushion material designed to enable the wrap to conform to the contours of the body surface to which the wrap 40 is attached.”);
and at least one heat sink layer ([0091] “The strip line enables the outer conductive layer 54 to create a heat sink effect by which excessive heat/cold is vented to the outside of the cast.”).
Ein fails to disclose wherein the Peltier is a flexible Peltier and wherein the at least one heat sink layer comprises graphite and wherein the at least one heat sink layer is configured to absorb or provide heat to the flexible Peltier.
However, Chen teaches a wearable thermoelectric device for personalized thermos-regulation comprising a flexible Peltier (view Figure 12A-12B, Figure 19A-B, Figure 25-27, [0003] “The present document discloses design and fabrication methods for mechanically flexible and/or stretchable thermoelectric devices for wearable personalized thermo-regulation”).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the Peltier of Ein with the flexible Peltier of Chen as these prior art references are directed to wearable thermoregulator devices providing cooling and heating to a user. One would be motivated to do this as this would allow the device to have a conformal coverage of the skin ([0189]) and for easy attachment to complex surfaces of the skin with long-term use .
Ein and Chen, alone or in combination, fail to teach wherein the at least one heat sink layer comprises graphite and wherein the at least one heat sink layer is configured to absorb heat to the flexible Peltier.
However, Choi teaches a lightweight wearable thermoelectric (TE) cooler device with a flexible heatsink wherein the at least one heat sink layer comprises graphite (pg. 15697, Results and Discussion, Design of the wearable TE cooler: “a lightweight and flexible heatsink which was prepared with a ternary hybrid of silicone elastomer, PCM, and graphite powder.”), and wherein the at least one heat sink layer is configured to absorb heat to the flexible Peltier (pg. 15697, Results and Discussion, Design of the wearable TE cooler: “This layer was combined with a lightweight and flexible heatsink which was prepared with a ternary hybrid of silicone elastomer, PCM, and graphite powder. Here, the PCM is able to absorb and store the thermal energy at a specific temperature range, originated from its phase changing from solid to liquid.”).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ein and Chen to incorporate the teachings of Choi to have the at least one heat sink later comprise of graphite, as these prior art references are directed to wearable thermoelectric devices. One would be motivated to do this as graphite improves the thermal conductivity of the flexible heatsink (pg. 15697, Results and Discussion, Design of the wearable TE cooler) and to maintain and maximize cooling (pg. 15697, Introduction, Figure 3), as recognized by Choi.
Regarding claim 2, Ein in view of Chen further in view of Choi teaches the device of claim 1 (as shown above). Ein further discloses the device further comprising a temperature sensor (temperature sensor 28), wherein the temperature sensor is configured to control application of current from the power supply to the flexible Peltier ([0076] “Heating or cooling depends in part on inputs to the control unit of the electronics package from the temperature sensors 28. The temperature sensors 28 provide feedback to the control unit; the control unit then adjusts the current applied to the TE device to deliver a current corresponding to the desired temperature required from the TE device.”).
Regarding claim 13, Ein discloses a method of treating a patient ([0002] “this invention relates to a portable therapeutic apparatus for heating and cooling a body surface of a user”, [0069] “the therapeutic apparatus can be used as a therapeutic device to supply heat or coolness to a targeted body surface of the user and, in some embodiments, electrical stimulation and iontophoresis medication to the body surface to treat various medical ailments and conditions”, [0072]) the method comprising:
coupling a thermal treatment device to a subject ([0071]-[0072] “Each therapeutic apparatus generally includes a wrap 16 adapted to be secured to the target body surface…The glove wrap can also provide heat to the user's hand to treat arthritis. The shoulder wrap 10 provides therapeutic cooling for shoulder injuries incurred in accidents (e.g., sports, vehicular, etc.) and therapeutic heating for medical conditions such as bursitis or arthritis”), wherein the thermal treatment device (therapeutic apparatus 10) comprises:
a Peltier ([0076] “The apparatus generally includes…at least one TE device (here, shown as a thermal area or thermal plate 30)”, [0079] “The TE devices of the present invention are based on the Peltier Effect…hence, are called Peltier devices”, Claim 23, TE devices 52);
a power supply ([0094] “The power unit 70 provides the necessary power to the therapeutic apparatus. The power unit 70 includes a power supply 74, such as several batteries or fuel cells”) in electrical communication with the Peltier (view Figures 5 and 6);
a control switch (second switch, polarity switch 84) electrically coupled to the power supply and the Peltier ([0018] “The control unit of the therapeutic apparatus generally includes a controller, a first switch, and a second switch. The controller controls a desired temperature to be delivered to the body surface. The first switch, responsive to the actual temperature detected by the temperature sensor, disconnects the power unit when the actual temperature is above a maximum temperature or below a minimum temperature. The second switch communicates with the TE device to control the direction of current through the TE device and, hence, its operation as a heater or a cooler.”, view Figures 5 and 6),
at least one flexible layer (wrap 16) coupled to the Peltier,
retaining the thermal treatment device about a portion of a subject using the at least one flexible layer ([0076] “at least one TE device (here, shown as a thermal area or thermal plate 30 mounted to the wrap 16 to deliver a desired temperature to the body surface”, [0086], Abstract: “A thermal apparatus includes a wrap adapted to be secured to the body surface of a user. At least one temperature sensor is mounted to the wrap to measure an actual temperature of the body surface, and at least one thermoelectric device is mounted to the wrap to selectively deliver heat to and remove heat from the body surface.”);
controlling direction of current supplied from the power supply to the Peltier using the control switch ([0018] “The second switch communicates with the TE device to control the direction of current through the TE device and, hence, its operation as a heater or a cooler.”, [0096]) ; and
applying heat or cooling to the subject based on the controlling ([0076] “Heating or cooling depends in part on inputs to the control unit of the electronics package from the temperature sensors 28. The temperature sensors 28 provide feedback to the control unit; the control unit then adjusts the current applied to the TE device to deliver a current corresponding to the desired temperature required from the TE device.”).
and at least one heat sink layer ([0091] “The strip line enables the outer conductive layer 54 to create a heat sink effect by which excessive heat/cold is vented to the outside of the cast.”).
Ein fails to disclose wherein the Peltier is a flexible Peltier and wherein the at least one heat sink layer comprises graphite and wherein the at least one heat sink layer is configured to absorb heat to the flexible Peltier.
However, Chen teaches a wearable thermoelectric device for personalized thermos-regulation comprising a flexible Peltier (view Figure 12A-12B, Figure 19A-B, Figure 25-27, [0003] “The present document discloses design and fabrication methods for mechanically flexible and/or stretchable thermoelectric devices for wearable personalized thermo-regulation”).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the Peltier of Ein with the flexible Peltier of Chen as these prior art references are directed to wearable thermoregulator devices providing cooling and heating to a user. One would be motivated to do this as this would allow the device to have a conformal coverage of the skin ([0189]) and for easy attachment to complex surfaces of the skin with long-term use .
Ein and Chen, alone or in combination, fail to teach wherein the at least one heat sink layer comprises graphite and wherein the at least one heat sink layer is configured to absorb heat to the flexible Peltier.
However, Choi teaches a lightweight wearable thermoelectric (TE) cooler device with a flexible heatsink wherein the at least one heat sink layer comprises graphite (pg. 15697, Results and Discussion, Design of the wearable TE cooler: “a lightweight and flexible heatsink which was prepared with a ternary hybrid of silicone elastomer, PCM, and graphite powder.”), and wherein the at least one heat sink layer is configured to absorb heat to the flexible Peltier (pg. 15697, Results and Discussion, Design of the wearable TE cooler: “This layer was combined with a lightweight and flexible heatsink which was prepared with a ternary hybrid of silicone elastomer, PCM, and graphite powder. Here, the PCM is able to absorb and store the thermal energy at a specific temperature range, originated from its phase changing from solid to liquid.”).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ein and Chen to incorporate the teachings of Choi to have the at least one heat sink later comprise of graphite, as these prior art references are directed to wearable thermoelectric devices. One would be motivated to do this as graphite improves the thermal conductivity of the flexible heatsink (pg. 15697, Results and Discussion, Design of the wearable TE cooler) and to maintain and maximize cooling (pg. 15697, Introduction, Figure 3), as recognized by Choi.
Regarding claim 14, Ein in view of Chen further in view of Choi teaches the method of claim 13 (as shown above). Ein further discloses the method further comprising: controlling application of current from the power supply to the flexible to control a temperature of the thermal treatment device ([0076] “Heating or cooling depends in part on inputs to the control unit of the electronics package from the temperature sensors 28. The temperature sensors 28 provide feedback to the control unit; the control unit then adjusts the current applied to the TE device to deliver a current corresponding to the desired temperature required from the TE device.”).
Regarding claims 5 and 16, Ein in view of Chen further in view of Choi teaches the device of claim 1 and the method of claim 13 (as shown above). Ein further discloses wherein the thermal treatment device (therapeutic apparatus 10) further comprises: a thermal pad (first, or outer conductive layer 54) coupled to the at least one flexible layer (Figure 4A, [0086] “A first elastic layer 58 is disposed between the outer layer 42 and the first conductive layer 54, and a second elastic layer 60 is disposed between the inner layer 44 and the second conductive layer 56. These layers 58, 60 preferably are composed of a ventilated cushion material designed to enable the wrap to conform to the contours of the body surface to which the wrap 40 is attached.”), wherein the thermal pad is configured to conduct heat to and from the flexible Peltier ([0088] “The outer conductive layer 54 has a larger surface area than the inner conductive layer 56 so that, when the TE devices 52 are functioning in a cooling mode, heat generated at the outer conductive layer 54 is dissipated across a relatively large surface area.”). (also view pertinent prior art made of record Choi)
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ein in view of Chen in view of Choi as applied to claim 1 above, and further in view of Ang, Elisa YM, et al. "Multi-stage thermoelectric coolers for cooling wearables." Thermal science and engineering progress 36 (2022): 101511., hereinafter Ang.
Regarding claim 6, Ein in view of Chen further in view of Choi discloses the device of claim 1 (as shown above). Ein, Chen, and Choi, alone or in combination, fail to teach the device further comprising a second flexible Peltier, wherein the flexible Peltier and the second flexible Peltier are stacked within the device.
However, Ang teaches a multi-stage TECs design that is suitable for use in cooling wearables such as thermal-regulating wearables used against human skin (pg. 1, Introduction), the design further comprising a second flexible Peltier, wherein the flexible Peltier and the second flexible Peltier are stacked within the device (Figure 4: 2 Stage TEC1-12703, pg. 2, 2.Methods: “The TEC1-12703 is then layered up to validate results for the 2 stage TEC”, pg. 5, 3.1 Current ratio of Multi-Stage TEC: “2 stages (two layers of TEC1-12703 with one stacked on top of the other)” )
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ein, Chen, and Choi to incorporate the teachings of Ang to have the device further comprise a second flexible Peltier, wherein the flexible Peltier and the second flexible Peltier are stacked within the device, as these prior art references are directed to wearable Peltier devices for thermoregulation. One would be motivated do this as a multi-stage Peltier can significantly lower a temperature of the cooling side, providing significant cooling against human skin, as recognized by Ang (pg. 11, 4.Conclusion).
Claim(s) 7-12 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ein in view of Chen in view of Choi as applied to claims 1 and 13 above, and further in view of Lee et al. (US Patent 10,842,205 B2), hereinafter Lee.
Regarding claims 7 and 17, Ein in view of Chen further in view of Choi teaches the device of claim 1 and the method of claim 13 (as shown above). Although Ein discloses that a TE device depends on hot surface temperature and cold surface temperature ([0081]), Ein, Chen, and Choi, alone or in combination, fail to teach wherein the device is configured to generate a cold side having a temperature in a range of about 5 °C – about 35 °C.
However, Lee teaches an apparel thermoregulatory system for actively cooling or heating a wearer using thermoelectric modules (i.e. Peltier device) wherein the device is configured to generate a cold side having a temperature in a range of about 5 °C – about 35 °C (Column 13, lines 32-33: “to maintain the cool side of each TEM between 10° C. and 20° C. when the TEMs are used for cooling.”, Column 13, lines 52-56: “And a maximum temperature of 40° C. may be set for the cold side of the TEM to avoid burning the wearer's skin. A minimum temperature of, for instance, 5° C. may be set for the cold side of the TEM to avoid freezing the wearer's skin”).
Although Lee does not explicitly teach these ranges, it would be obvious to one of ordinary skill in the art to use values within these ranges because Lee’s ranges are shown to be effective and they overlap heavily with the applicant’s ranges, therefore discovering the optimum or workable ranges of a result effective variable involves only routine skill in the art. In re Aller, 105 USPC 233.
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ein, Chen, and Choi to incorporate the teachings of Lee to have the device configured to generate a cold side having a temperature in a range of about 5 °C – about 35 °C, as these prior art references are directed wearable thermoelectric devices. One would be motivated to do this as this temperature range avoids freezing or burning the skin, as recognized by Lee (Column 13, lines 32-56).
Regarding claims 8 and 18, Ein in view of Chen further in view of Choi teaches the device of claim 1 and the method of claim 13 (as shown above). Although Ein discloses that a TE device depends on hot surface temperature and cold surface temperature ([0081]), Ein, Chen, and Choi, alone or in combination, fail to teach wherein the device is configured to generate a cold side having a temperature in a range of about 15 °C – about 25 °C.
However, Lee teaches an apparel thermoregulatory system for actively cooling or heating a wearer using thermoelectric modules (i.e. Peltier device) wherein the device is configured to generate a cold side having a temperature in a range of about 15 °C – about 25 °C (Column 13, lines 32-33: “to maintain the cool side of each TEM between 10° C. and 20° C. when the TEMs are used for cooling.”, Column 13, lines 52-56: “And a maximum temperature of 40° C. may be set for the cold side of the TEM to avoid burning the wearer's skin. A minimum temperature of, for instance, 5° C. may be set for the cold side of the TEM to avoid freezing the wearer's skin”).
Although Lee does not explicitly teach these ranges, it would be obvious to one of ordinary skill in the art to use values within these ranges because Lee’s ranges are shown to be effective and they overlap heavily with the applicant’s ranges, therefore discovering the optimum or workable ranges of a result effective variable involves only routine skill in the art. In re Aller, 105 USPC 233.
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ein, Chen, and Choi to incorporate the teachings of Lee to have the device configured to generate a cold side having a temperature in a range of about 15 °C – about 25 °C, as these prior art references are directed wearable thermoelectric devices. One would be motivated to do this as this temperature range avoids freezing or burning the skin, as recognized by Lee (Column 13, lines 32-56).
Regarding claim 9, Ein in view of Chen in view of Choi teaches the device of claim 1 (as shown above). Although Ein discloses that a TE device depends on hot surface temperature and cold surface temperature ([0081]), Ein, Chen, and Choi, alone or in combination, fail to teach wherein the device is configured to generate a cold side having a temperature in a range of about 18 °C – about 24 °C.
However, Lee teaches an apparel thermoregulatory system for actively cooling or heating a wearer using thermoelectric modules (i.e. Peltier device) wherein the device is configured to generate a cold side having a temperature in a range of about 18 °C – about 24 °C (Column 13, lines 32-33: “to maintain the cool side of each TEM between 10° C. and 20° C. when the TEMs are used for cooling.”, Column 13, lines 52-56: “And a maximum temperature of 40° C. may be set for the cold side of the TEM to avoid burning the wearer's skin. A minimum temperature of, for instance, 5° C. may be set for the cold side of the TEM to avoid freezing the wearer's skin”).
Although Lee does not explicitly teach these ranges, it would be obvious to one of ordinary skill in the art to use values within these ranges because Lee’s ranges are shown to be effective and they overlap heavily with the applicant’s ranges, therefore discovering the optimum or workable ranges of a result effective variable involves only routine skill in the art. In re Aller, 105 USPC 233.
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ein, Chen, and Choi to incorporate the teachings of Lee to have the device configured to generate a cold side having a temperature in a range of about 18 °C – about 24 °C, as these prior art references are directed wearable thermoelectric devices. One would be motivated to do this as this temperature range avoids freezing or burning the skin, as recognized by Lee (Column 13, lines 32-56).
Regarding claims 10 and 19, Ein in view of Chen in view of Choi teaches the device of claim 1 and the method of claim 13 (as shown above). Although Ein discloses that a TE device depends on hot surface temperature and cold surface temperature ([0081]), Ein, Chen, and Choi, alone or in combination, fail to teach wherein the device is configured to generate a hot side having a temperature in a range of about 30 °C – about 55 °C.
However, Lee teaches an apparel thermoregulatory system for actively cooling or heating a wearer using thermoelectric modules (i.e. Peltier device) wherein the device is configured to generate a hot side having a temperature in a range of about 30 °C – about 55 °C (Column 13, lines 34-36: “When used for heating, the microprocessor may be programmed to maintain the hot side of each TEM between 30° C. and 45° C”, Column 13, lines 49-52: “For example, a maximum temperature of 50° C. may be set for the hot side of the TEM (i.e., the side exposed to the ambient air) to avoid overheating the TEM.”).
Although Lee does not explicitly teach these ranges, it would be obvious to one of ordinary skill in the art to use values within these ranges because Lee’s ranges are shown to be effective and they overlap heavily with the applicant’s ranges, therefore discovering the optimum or workable ranges of a result effective variable involves only routine skill in the art. In re Aller, 105 USPC 233.
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ein, Chen, and Choi to incorporate the teachings of Lee to have the device configured to generate a hot side having a temperature in a range of about 30 °C – about 55 °C, as these prior art references are directed wearable thermoelectric devices. One would be motivated to do this as this temperature range avoids overheating the TEM, as recognized by Lee (Column 13, lines 49-52).
Regarding claims 11 and 20, Ein in view of Chen in view of Choi teaches the device of claim 1 and the method of claim 13 (as shown above). Although Ein discloses that a TE device depends on hot surface temperature and cold surface temperature ([0081]), Ein and Hong, alone or in combination, fail to teach wherein the device is configured to generate a hot side having a temperature in a range of about 41 °C – about 45 °C.
However, Lee teaches an apparel thermoregulatory system for actively cooling or heating a wearer using thermoelectric modules (i.e. Peltier device) wherein the device is configured to generate a hot side having a temperature in a range of about 41 °C – about 45 °C (Column 13, lines 34-36: “When used for heating, the microprocessor may be programmed to maintain the hot side of each TEM between 30° C. and 45° C”, Column 13, lines 49-52: “For example, a maximum temperature of 50° C. may be set for the hot side of the TEM (i.e., the side exposed to the ambient air) to avoid overheating the TEM.”).
Although Lee does not explicitly teach these ranges, it would be obvious to one of ordinary skill in the art to use values within these ranges because Lee’s ranges are shown to be effective and they overlap heavily with the applicant’s ranges, therefore discovering the optimum or workable ranges of a result effective variable involves only routine skill in the art. In re Aller, 105 USPC 233.
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ein, Chen, and Choi to incorporate the teachings of Lee to have the device configured to generate a hot side having a temperature in a range of about 41 °C – about 45 °C, as these prior art references are directed wearable thermoelectric devices. One would be motivated to do this as this temperature range avoids overheating the TEM, as recognized by Lee (Column 13, lines 49-52).
Regarding claim 12, Ein in view of Chen in view of Choi teaches the device of claim 1 (as shown above). Although Ein discloses that a TE device depends on hot surface temperature and cold surface temperature ([0081]), Ein and Hong, alone or in combination, fail to teach wherein the device is configured to generate a hot side having a temperature in a range of about 42 °C – about 43 °C.
However, Lee teaches an apparel thermoregulatory system for actively cooling or heating a wearer using thermoelectric modules (i.e. Peltier device) wherein the device is configured to generate a hot side having a temperature in a range of about 42 °C – about 43 °C (Column 13, lines 34-36: “When used for heating, the microprocessor may be programmed to maintain the hot side of each TEM between 30° C. and 45° C”, Column 13, lines 49-52: “For example, a maximum temperature of 50° C. may be set for the hot side of the TEM (i.e., the side exposed to the ambient air) to avoid overheating the TEM.”).
Although Lee does not explicitly teach these ranges, it would be obvious to one of ordinary skill in the art to use values within these ranges because Lee’s ranges are shown to be effective and they overlap heavily with the applicant’s ranges, therefore discovering the optimum or workable ranges of a result effective variable involves only routine skill in the art. In re Aller, 105 USPC 233.
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ein, Chen, and Choi to incorporate the teachings of Lee to have the device configured to generate a hot side having a temperature in a range of about 42 °C – about 43 °C, as these prior art references are directed wearable thermoelectric devices. One would be motivated to do this as this temperature range avoids overheating the TEM, as recognized by Lee (Column 13, lines 49-52).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Choi et al. (US 2021/0175402 A1) a thermoelectric device with a flexible thermoelectric layer that includes a thermal pad ([0031])
Yi et al. (US 2019/0148617 A1) teaches a flexible thermoelectric module (Figure 2)
Joseph et al. (US 2010/0198322 A1) teaches personal temperature regulator device that uses a thermal electric module (TEM) or a thermal-voltaic module to transfer heat away from a thermally conductive element positioned in contact with the user's skin. ([0002])
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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/ATTIYA SAYYADA HUSSAINI/ Examiner, Art Unit 3792
/NIKETA PATEL/ Supervisory Patent Examiner, Art Unit 3792
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