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 .
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 6-7 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 6, and by virtue of its dependency, Claim 7, recite the limitation “the fixing seat” in line 4. There is insufficient antecedent basis for these limitations in the claim. Claim 6 does recite the limitation “a plurality of fixing seats”, and for purposes of examination, Claims 6-7 will be read to state “a fixing seat of the plurality of fixing seats”
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.
Claims 1-3 and 9 are rejected under 35 U.S.C. 102(a)(1) as being taught by US 20230132167 A1 (Wersland et al.).
Regarding Claim 1, Wersland teaches a semiconductor cooling and heating device, comprising a mounting housing [32] (itself comprising [40], [44], [46], and [57]), a cooling and heating semiconductor [38], and contact pieces [42], wherein the cooling and heating semiconductor is arranged in the mounting housing, a plurality of contact pieces for contacting with a nursing part are movably connected with the mounting housing along a peripheral surface of the mounting housing, and one end of each contact piece abuts against the cooling and heating semiconductor (see Figs. 5-6; see also para. 0156, “The finger spreaders 42 are each pivotable or movable along a pivot axis A1 . . . so that the bottom or contact surface of the finger spreader 42 is against the desired body part”).
Regarding Claim 2, Wersland teaches the surface of the contact pieces [42] opposite to the nursing part is an arc-shaped surface (see Fig. 6).
Regarding Claim 3, Wersland teaches one end of the contact pieces [42] is hinged to the mounting housing (see Figs. 4-5; see also para. 0151, “the finger spreaders 42 are hingedly attached to the spreader member 40”).
Regarding Claim 9, Wersland teaches a heat dissipation fan [34] and a heat sink [36], wherein the heat dissipation fan and the heat sink are both arranged in the mounting housing [32]; the heat sink and the heat dissipation fan are sequentially arranged on an upper side of the cooling and heating semiconductor [38]; the heat sink abuts against the cooling and heating semiconductor; and the mounting housing is provided with a heat dissipation hole corresponding to the heat dissipation fan (see Fig. 6).
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 4-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over US 20230132167 A1 (Wersland et al.).
Regarding Claim 4, Wersland does not explicitly teach a torsion spring structure between the contact piece and the mounting housing in the embodiment of Fig. 6; however, Wersland teaches the use of springs to bias the contact pieces in other embodiments (see e.g. para 0165). It would have been obvious for a person having ordinary skill in the art before the effective date of the claimed invention to use the teachings of Wersland to modify the embodiment of Fig. 6 of Wersland to provide for a torsion spring structure between the contact pieces and the mounting housing. Doing so could bias the contact pieces to more easily contact the nursing parts.
Regarding Claim 8, Wersland teaches an upper mounting housing [44] and a lower mounting housing [46], the cooling and heating semiconductor is arranged in the upper mounting housing, and the contact pieces are arranged at the lower mounting housing (see Figs. 5-6); Wersland does not explicitly teach the fixing method by which the upper mounting housing is in connection with the lower mounting housing; however, Wersland teaches using bolted connections between other parts of the invention (see e.g., para. 0209 “The finger spreaders can be attached to the main spreader under the primary spreader by different methods, such as, for example, being bolted”). It would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of Wersland to provide for the upper mounting housing to be in bolted connection with the lower mounting housing, which would also serve to create a pressure gap between the upper mounting housing and the lower mounting housing. Doing so would help evenly secure the upper and lower housings to each other.
Regarding Claim 10, Wersland does not explicitly teach a plurality of infrared lamps for irradiating the nursing part, wherein the plurality of infrared lamps are provided at intervals along the peripheral surface of the mounting housing; however, Wersland teaches knitted fabric that passively emits infrared radiation and also teaches the benefits of infrared therapy (see para. 0230, “temperature control, blood circulation, muscle relaxation, and other benefits associated with infrared and heat therapy”). It would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of Wersland to provide for a plurality of infrared lamps at intervals along the peripheral surface of the mounting housing. Doing so would provide the benefits of joint infrared and heat therapy at the nursing location.
Regarding Claim 5, in the embodiment of Fig. 44, Wersland also teaches a semiconductor cooling and heating device, comprising a mounting housing [342], a cooling and heating semiconductor [340], and a thermal conductive block [382], wherein the thermal conductive block is arranged in the mounting housing [342] and abuts against the cooling and heating semiconductor [340], and one end of a contact piece [383] abuts against the thermal conductive block (see Fig. 44). Unlike the embodiment of Fig. 6 discussed in Claim 1 above, the embodiment of Fig. 44 does not teach a plurality of contact pieces for contacting with a nursing part that are movably connected with the mounting housing along a peripheral surface of the mounting housing, with one end of each contact piece abutting against the cooling and heating semiconductor. However, it would have been obvious for a person having ordinary skill in the art before the effective date of the claimed invention to apply the teachings of Wersland’s embodiment of Fig. 6 to that of Fig. 44 and add a plurality of contact pieces for contacting with a nursing part that are movably connected with the mounting housing along a peripheral surface of the mounting housing, with one end of each contact piece abutting against the cooling and heating semiconductor. Doing so would extend the reach and contact angles possible for the contact area.
Regarding Claim 6, both the embodiments of Fig. 6 and that of Fig. 44 of Wersland teach the mounting housing comprises a mounting base [40 in Fig.6 and 378 in Fig. 44]. In the embodiment of Fig. 6, Wersland further teaches the mounting base is provided with a plurality of fixing seats [40b] corresponding to the contact pieces [42], and the fixing seats are provided with a fixing groove, with one end of the contact pieces arranged in the fixing groove (see Fig. 6). While such fixing seats are not taught in the embodiment of Fig. 44, in the combination of Fig. 6 and Fig. 44 as discussed in Claim 5 above, it would have been obvious for a person having ordinary skill in the art before the effective date of the claimed invention to also add the plurality of fixing seats corresponding to the contact pieces, with the fixing seats provided with a fixing groove, and one end of the contact pieces arranged in the fixing groove. Doing so would secure the contact pieces to the rest of the device.
Regarding Claim 7, in the embodiment of Fig. 6, Wersland teaches a pre-pressing block [51 and 53], and the pre-pressing block is arranged above the fixing groove and abuts against one end of a contact piece (see Figs. 5-6 and 9). In the combination of Fig. 6 and Fig. 44 discussed in Claims 5 above, it would have been obvious for a person having ordinary skill in the art before the effective date of the claimed invention to also add the pressing block arranged above the fixing groove and abutting against one end of a contact piece. Doing so could help define the upper and lower limit of the pivot angle of the contact pieces.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTIAN M SARCENO ROBLES whose telephone number is (571)272-8786. The examiner can normally be reached M-F: 8:30AM - 5:00PM.
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, Joseph Stoklosa can be reached at (571) 272-1213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/C.S./Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
Prosecution Insights