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.
Election/Restrictions
Applicant’s election without traverse of Invention I, on which claims 1-7 read, in the reply filed on 15 May 2026 is acknowledged.
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 2 and 3 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 2 recites “wherein said heat exchange device comprises an ice pack” and it is unclear if this is meant to further limit the “body of ice” that the heat exchange device comprises in claim 1 or is in addition to the body of ice in claim 1. For the purpose of the application of prior art, the claim has been interpreted as further limiting the body of ice in claim 1. It is suggested that the claim be amended to --wherein said body of ice comprises an ice pack--.
Claim 3 recites the limitation "said ice pack" in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purpose of the application of prior art this limitation has been interpreted as --said body of ice-- and it is suggested that the claim be amended as such.
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.
Claim(s) 1, 2 and 7 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by KR 2020 0091222 A to Je (Je, see attached translation).
Regarding claim 1, Je teaches a cold therapy system (title “Apparatus for Cooling Water” and Fig. 4) comprising a housing (100) having an inlet (210) for receiving fluid from a source (20) and an outlet (30) for delivering cooled fluid, the housing defining a chamber (110) comprising or defining at least one conduit (Fig. 4) for removable receiving a heat exchanging device (10) comprising a body of ice, the conduit being disposed in a fluid flow path between the inlet and the outlet such that, in use, the fluid flows from said inlet over the outer surface of said body of ice before delivery to said outlet (Fig. 4).
Regarding claim 2, Je teaches the system of claim 1 as well as wherein said heat exchanging device comprises an ice pack (10) having a circumferential side wall of exposed ice (pg. 2 which states in part “the ice 10 in the form of a barrel”).
Regarding claim 7, Je teaches the system of claim 1 as well as the heat exchanging device comprising a solid ice pack having exposed ice over substantially all of its circumferential area and being configured to fit into said conduit for use (Fig. 4 and pg. 2 which states in part “As shown in FIG. 4, the body 100 is supplied with water through the faucet 20, that is, tap water is introduced into the interior, passes through the ice 10, and is cooled by the ice 10, from the body 100…”).
Claim(s) 1 and 3-6 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 2013/0245729 A1 to Edelman et al. (Edelman).
Regarding claim 1, Edelman (first interpretation) teaches a cold therapy system (title “Cold Therapy Systems and Methods”) comprising a housing (42) having an inlet (16) for receiving fluid from a source and an outlet (14) for delivering cooled fluid, the housing defining a chamber ([0084]) comprising or defining at least one conduit for removably receiving a heat exchanging device (200) comprising a body of ice (([0087] which states that “It should be appreciated that while froze ice containers or bottles are used in the illustrated embodiment, it is also contemplated to alternatively use frozen gel-packs…”), the conduit being disposed in a fluid flow path between the inlet and the outlet such that, in use, the fluid flows from said inlet over the outer circumference of said body of ice before delivery to said outlet ([0105, 0111]).
Regarding claim 3, Edelman (first interpretation) teaches the system of claim 1 as well as wherein said body of ice comprises a pair of ice packs (202 and 204, Fig. 3) arranged in said conduit in said conduit with adjacent edges facing each other (Fig. 3) and a gap (200d) therebetween, and configured such that, in use, fluid flows through said gap ([0085] which states in part “containers 202 and 204 in the illustrated embodiment are constructed to leave a pointed oblong three-dimension space or volume 200d for water to flow between the bottles 202 and 204 and between mating features 200e of containers 202 and 204.”).
Regarding claim 6, Edelman (first interpretation) teaches the system of claim 1 as well as wherein said heat exchange device comprises a plurality of compartments (202 and 204) filled with ice, for use, the compartment being arranged relative to each other so as to form a substantially solid ice pack to use (Fig. 3 and [0085]).
Regarding claim 1, Edelman (second interpretation) teaches a cold therapy system (title “Cold Therapy Systems and Methods”) comprising a housing (42) having an inlet (16) for receiving fluid from a source and an outlet (14) for delivering cooled fluid, the housing defining a chamber ([0084]) comprising or defining at least one conduit for removably receiving a heat exchanging device (ice inside of 300) comprising a body of ice (([0087] which states that “It should be appreciated that while froze ice containers or bottles are used in the illustrated embodiment, it is also contemplated to alternatively use frozen gel-packs…”), the conduit being disposed in a fluid flow path between the inlet and the outlet such that, in use, the fluid flows from said inlet over the outer circumference of said body of ice before delivery to said outlet ([0105, 0111]).
Regarding claim 4, Edelman (second interpretation) teaches the system of claim 1 as well as a removable, generally tubular sleeve (300) in said conduit for receiving said ice pack (Fig. 15).
Regarding claim 5, Edelman (second interpretation) teaches the system of claim 4 as well as wherein said removable sleeve has apertures in its side wall ([0101] which states in part “Water flowpaths may be provided between containers 302 and 304, through holes, such as hole 300a…”).
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
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