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 .
Priority
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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 13, 14 and 15 are rejected under 35 U.S.C. 102(a)(1) / (a)(2) as being anticipated by Swiatek (US 2014/0353300).
With respect to the limitations of claims 13, 14 and 15, Swiatek teaches a method of providing a control signal (Figs 1-3, first control device 36, 0042) to a heated garment (heated clothing articles 22, 0037), the method comprising: detecting, with a first controller (first control device 36) of a power source (0043, 0044, battery pack via the wiring connector 26), the heated garment coupled to the power source (Fig 7, 0042, output drivers 28 also detect an electrical connection to the heated clothing articles 22) at a first electrical interface (wiring socket 56, 0043), receiving, with a transceiver (Bluetooth transceiver 54, 0042) of the power source, a control signal from an external device (0042, wireless communication with Bluetooth or equivalent enabled personal electronic equipment 32 to adjust settings and monitor operation of the automated local thermal management system 20), and providing, with the first controller (36) of the power source, the control signal to a second controller (Figs 1, 4, 5, second control device 74, second RF transceiver 108, 0051, a second RF transceiver 108 is attached to the second printed circuit board 92 and is electrically connected to the second microcontroller 94 for wireless communication with the first control device 36) of the heated garment;
further comprising: receiving (second RF transceiver 108), with the second controller (second control device 74) of the heated garment, the control signal, and controlling, with the second controller of the heated garment, a heater array (Fig 1, heated clothing articles 22, carbon filaments 24, 0037) of the heated garment based on the control signal (Fig 13, zone controls 118, 0053)
further comprising processing, with the first controller (first control device 36) of the power source, the control signal prior (Fig 13, zone controls 118) to providing the control signal to the second controller (second control device 74).
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.
Claims 1, 3, 5, 6 and 16 are rejected under 35 U.S.C. 103 as being obvious over Swiatek (US 2014/0353300) in view of Stevens (US 2015/0230524).
With respect to the limitations of claim 1, Swiatek teaches a power source (0043, 0044, battery pack via the wiring connector 26) for a heated garment (Fig 1, heated clothing articles 22, 0037), comprising: a housing (Figs 2, 3, housing upper portion 38, lower portion 40, 0042); a first electrical interface (wiring socket 56, 0043) provided on the housing for connecting the power source to the heated garment (0043, wiring socket 56 is electrically connected to the output drivers 28, the wiring connectors 26 of the heated clothing articles 22); and a first controller (first control device 36, 0042) located within the housing (38, 42) and including an electronic processor (microcontroller 52, 0042), a memory (0042, a first memory is attached to the first printed circuit board 50), and a transceiver (Bluetooth transceiver 54, 0042), the first controller (36, 52) coupled to (wiring connectors 26, 0043) the battery cells (battery pack) and the first electrical interface (56), the first controller configured to: detect the heated garment coupled to the power source at the first electrical interface (Fig 7, 0042, output drivers 28 also detect an electrical connection to the heated clothing articles 22), receive, with the transceiver (54), a control signal from an external device (0042, wireless communication with Bluetooth or equivalent enabled personal electronic equipment 32 to adjust settings and monitor operation of the automated local thermal management system 20), and provide the control signal to a second controller (Figs 1, 4, 5, second control device 74, second RF transceiver 108, 0051, a second RF transceiver 108 is attached to the second printed circuit board 92 and is electrically connected to the second microcontroller 94 for wireless communication with the first control device 36) included in the heated garment. Swiatek discloses the claimed invention except for one or more battery cells located within the housing and the second controller is included in the heated garment.
However, Stevens discloses one or more battery cells located within the housing (0013, Bluetooth.RTM. controller can be integrated into the heating apparatus control module and can be configured to draw power from the internal power supply, or can be integrated into the battery or power supply for the garment to enable addition of Bluetooth.RTM./wireless control including to existing heated garments, 0016) and the second controller is included in the heated garment (0047, such a controller can be mounted, attached or otherwise incorporated and integrated into or with the garment/apparel or device being controlled) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the power source of Swiatek having one or more battery cells in conjunction with a first controller housing silent to one or more battery cells located within the housing with the one or more battery cells located within the housing of Stevens for the purpose of providing a known alternate, integrated power supply / controller configuration that is suitable for controlling the operations of the heated garment.
It would also have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the power source of Swiatek that works in conjunction with a second controller silent to the second controller is included in the heated garment with the second controller is included in the heated garment of Stevens for the purpose of locating the second controller in a known location that provides for improved and convenient access for the user.
With respect to the limitations of claims 3, 5 and 6, Swiatek teaches the control signal includes data defining at least one of a temperature of a heater array of the heated garment (0046, to command the output drivers 28 in order to alter the temperature of the heated clothing articles 22; 0048, 0049, buttons 96), a runtime of the heater array, an ON/OFF status of the heater array, a mode of the heater array (0046, 0048, 0049), and a lockout of the heated garment;
the power source wirelessly communicates with the external device using a short-range wireless transceiver (Bluetooth transceiver 54, 0042);
the short-range wireless transceiver is a Bluetooth® transceiver (Bluetooth transceiver 54, 0042).
With respect to the limitations of claim 16, Swiatek teaches a system comprising: a heated garment (Figs 1-3, heated clothing articles 22, 0037) including a heater array (carbon filaments 24, 0037) and a first controller (Figs 1, 4, 5, second control device 74, 0047, 0048); and a power source (0043, 0044, battery pack via the wiring connector 26) including: a housing (Figs 2, 3, housing upper portion 38, lower portion 40, 0042); a first electrical interface (wiring socket 56, 0043) provided on the housing for connecting the power source to the heated garment; and a second controller (first control device 36, 0042) located within the housing (38, 42) and including an electronic processor (microcontroller 52, 0042), a memory (0042, a first memory is attached to the first printed circuit board 50), and a transceiver (Bluetooth transceiver 54, 0042), the second controller (36, 52) coupled to (wiring connectors 26, 0043) the battery cells (battery pack) and the first electrical interface (56), the second controller configured to: detect the heated garment coupled to the power source at the first electrical interface (Fig 7, 0042, output drivers 28 also detect an electrical connection to the heated clothing articles 22), receive, with the transceiver (54), a control signal from an external device (0042, wireless communication with Bluetooth or equivalent enabled personal electronic equipment 32 to adjust settings and monitor operation of the automated local thermal management system 20), and provide the control signal to the first controller of the heated garment (Figs 1, 4, 5, second control device 74, second RF transceiver 108, 0051, a second RF transceiver 108 is attached to the second printed circuit board 92 and is electrically connected to the second microcontroller 94 for wireless communication with the first control device 36). Swiatek discloses the claimed invention except for one or more battery cells located within the housing.
However, Stevens discloses one or more battery cells located within the housing (0013, Bluetooth.RTM. controller can be integrated into the heating apparatus control module and can be configured to draw power from the internal power supply, or can be integrated into the battery or power supply for the garment to enable addition of Bluetooth.RTM./wireless control including to existing heated garments, 0016) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the system of Swiatek having a power source including one or more battery cells in conjunction with a second controller housing silent to one or more battery cells located within the housing with the one or more battery cells located within the housing of Stevens for the purpose of providing a known alternate, integrated power supply / controller configuration that is suitable for controlling the operations of the heated garment.
Claim 2 is rejected under 35 U.S.C. 103 as being obvious over Swiatek (US 2014/0353300) in view of Stevens (US 2015/0230524) as applied to claim 1, further in view of Stanke (US 2021/0384759).
With respect to the limitations of claim 2, Swiatek teaches the first controller detects that the heated garment is coupled to the power source (Fig 7, 0042, output drivers 28 also detect an electrical connection to the heated clothing articles 22). Swiatek in view of Stevens discloses the claimed invention except for the controller detects that the heated garment is coupled to the power source based on input from at least one of a current sensor, a voltage sensor, and a power supply interface of the power source. However, Stanke discloses the controller (Fig 4, controller 408, 0024) detects that the heated garment (0002, heater wearable gear) is coupled to the power source based on input from at least one of a current sensor, a voltage sensor, and a power supply interface of the power source (voltage sensor 412, current sensor 414, 0028) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the system of Swiatek having a power source that detects the presence of a connected electrical load silent to current sensor or a voltage sensor with the recited current and voltage sensor of Stanke for the purpose of using a known sensor means that detects voltage or current condition of a connected load.
Claims 4, 7, 17, 18 and 19 are rejected under 35 U.S.C. 103 as being obvious over Swiatek (US 2014/0353300) in view of Stevens (US 2015/0230524) as applied to claims 1 and 16, further in view of White (US 2014/0246416).
With respect to the limitations of claims 4 and 7, Swiatek in view of Stevens discloses the claimed invention except for the first electrical interface includes a dual connection port for transmitting power and data to one or more components of the heated garment via a wired connection; the power source further includes a second electrical interface for transmitting power and receiving power. However, White discloses the first electrical interface includes a dual connection port for transmitting power (Fig 4, aperture 168, 0022) and data (USB port 186, 0026) to one or more components of the heated garment via a wired connection; the power source further includes a second electrical interface for transmitting power and receiving power (USB port 186, 0026) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the system of Swiatek in view of Stevens having a power source with a first electrical interface silent to a dual connection with the first electrical interface includes a dual connection port for transmitting power and data to one or more components of the heated garment via a wired connection; the power source further includes a second electrical interface for transmitting power and receiving power of White for the purpose of providing a known interface configuration that allows for power and data to be supplied to the electrically heated garment.
Claims 17, 18 and 19 are similarly rejected as set forth in the rejection of claims 4 and 7 above.
Claims 8, 9, 10, 11 and 20 are rejected under 35 U.S.C. 103 as being obvious over Swiatek (US 2014/0353300) in view of Stevens (US 2015/0230524) and White (US 2014/0246416) as applied to claims 1, 7, 16 and 19, further in view of Stanke (US 2021/0384759).
With respect to the limitations of claim 8, Swiatek in view of Stevens and White discloses the claimed invention except for the second electrical interface includes a USB-C port. However, Stanke discloses the second electrical interface includes a USB-C port (0021, USB-C) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the system of Swiatek in view of Stevens and White having a second electrical USB interface silent to a USB-C port with the second electrical interface includes a USB-C port of Stanke for the purpose of using known suitable output connectors.
With respect to the limitations of claim 9, Swiatek discloses the power source (Figs 4-6, battery 100, 0049) further includes a power button (power buttons 96, 0049) and an indicator (LEDs 102, 0050).
With respect to the limitations of claims 10 and 11, Swiatek in view of Stevens, White and Stanke discloses the claimed invention except for the first electrical interface, the second electrical interface, the power button, and the indicator are provided on a first side of the power source; the first side is a front side of the power source that is perpendicular to both a flat side of the power source and a long side of the power source. However, It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention was made to have the first electrical interface, the second electrical interface, the power button, and the indicator are provided on a first side of the power source; the first side is a front side of the power source that is perpendicular to both a flat side of the power source and a long side of the power source, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable interface, button and indicator positions or locations involves only routine skill in the art (see MPEP 2144.04).
Claim 20 is similarly rejected as set forth in the rejection of claim 8 above.
Claim 12 is rejected under 35 U.S.C. 103 as being obvious over Swiatek (US 2014/0353300) in view of Stevens (US 2015/0230524) as applied to claim 1, further in view of Elliff (US 2022/0287394).
With respect to the limitations of claim 12, Swiatek in view of Stevens discloses the claimed invention except for the power source is configured to be received by a compartment within the heated garment. However, Elliff discloses the power source (Figs 3, 5, power supply 92, 0050) is configured to be received by a compartment (pockets 34, 36, 0042) within the heated garment is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the power source of Swiatek in view of Stevens having a compartment within the heated garment silent to receiving the power source with the power source is configured to be received by a compartment within the heated garment of Elliff for the purpose of locating the power source within the heated garment for protection against the external environment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 9/24/2026
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