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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/19/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 7-8 are objected to because of the following informalities:
In claims 7-8: the term “may” should be changed to --is configured to--.
Appropriate correction is required.
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.
In claim 4, the limitation "the heating area", is indefinite because lack of antecedent basis.
Notification regarding 35 USC § 112f
The following is a quotation of AIA 35 U.S.C. 112f:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
In claim 1: Claim limitations:
“an engagement mechanism …” have been interpreted under 35 U.S.C. 112(f), because it uses/they use a generic placeholder “an engagement mechanism” coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
“a heating element …” have been interpreted under 35 U.S.C. 112(f), because it uses/they use a generic placeholder “a heating element” coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f), claim 1 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that, although it is not clear, the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112f:
“…engagement mechanism 300 may be a strap adjacent to the heat pad 200. The engagement mechanism 300 may include at least one hook, while the anterior side 110 of heat pad 200 may be made of material that includes at least one loop to selectively engage the at least one hook on the engagement mechanism 300 in a hook and loop engagement, as would be understood. For example, the material may be brushed polyester or 3D spacer mesh fabric. The material on the anterior side 110 of the heat pad 200 allows the engagement mechanism 300 to selectively engage the heat pad 200 through a hook and loop engagement. In alterative embodiments, the engagement mechanism 300 may be other types of engagement mechanism other than a hook and loop-type mechanism …” is described in the present Specification, Par.0027.
“…heating element 210 may be a low voltage resistive wire having a first length and a first wire diameter, resulting in a first total resistance. The wire may be less than 2 millimeter (mm) in diameter, and more typically less than 1.5 mm, but generally between 0.5 to 1.5 mm, or 0.8 to 1.2 mm in diameter. The length of the wire, as well as the wire diameter, may impact the heating characteristic of the heat pad 200. In some embodiments, the length of the wire may be about five times the area of the heated pad in cm. For example, a heated area of 20 by 10 centimeters may have an area of 200 square-centimeters and a wire length of about 1 meter (m). If the wire were too long, given the same wire diameter, it would take too long to heat up the heat pad 200 with a given power constraint. Alternatively, if the wire were too short, then the heated area of the heat pad 200 would be too small…” is described in the present Specification, Par.0029.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f), applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f), or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f).
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 103
The following is a quotation of AIA 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 20200078210 A1) in view of He et al. (US 20160147315 A1).
Regarding claim 1, discloses
A heating pad (e-Patch 100, fig.1A) comprising:
a heat pad (e-Patch 100) coupled to an engagement mechanism (reusable adhesive 4, 5, figs.1A-C), the heat pad (e-Patch 100) including a heating element (heater 10, fig.1C) coupled to a USB connector (USB connector 8, fig.1C) and a controller (circuit board 9A, integrated circuit 9B, fig.1C, microprocessor, Par.0034) [Par.0034 cited: “…circuit board 9A has a control circuit, such as, for example, an integrated circuit 9B (e.g., a microprocessor uP)…”];
wherein the controller (circuit board 9A, integrated circuit 9B, fig.1C, microprocessor, Par.0034) is configured to generate a first duty cycle for the heating element (heater 10) so that the heat pad (e-Patch 100) outputs a first temperature after being on for a first time frame [Par.0046 cited: “…e-Patch's 100 or 200 temperature arrives at the set temperature in only 4 minutes 123 …”, See fig.5, first temperature 55C and first time frame 4mins]; and wherein the USB connector (USB connector 8) is powered [Par.0003 cited: “…USB power connector in electrical connection with the control circuit for supplying power…”].
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However, Yang does not disclose the USB connector is powered at 5V.
He discloses a heating device (body 100, fig.1) comprising: a USB connector is powered at 5V [Par.0013 cited: “…power pin 6 is configured to receive a +5V operation voltage. In at least one embodiment, the operation voltage is from a power port of a USB connector of the computer mouse…”].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the USB connector of Yang, is powered at 5V, as taught by He, in order to supply the power with low voltage, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 2, Yang discloses
the first temperature is about 145 F, and the first time frame is less than 16 minutes [Par.0045 cited: “…microprocessor with communication capability can be combined with a Bluetooth or WiFi device to remotely communicate with a smart phone or computer or the communication ability of the USB connection can alternatively be used with a computer to enable another device to access parameters in the program. This can be used to adjust the set temperature and the auto off time to customize the heat therapy…”, therefore, microprocessor can be programed to generate the first temperature is about 145 F, and the first time frame is less than 16 minutes]
Regarding claim 3, Yang discloses
the head pad (e-Patch 100, fig.1A) includes a heating area (area of e-Patch 100, fig.1A), but does not disclose the heating area of about 56 square inches.
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the heating area of Yang, of about 56 square inches, since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 149 USPQ 47 (CCPA 1976), in order suitable for the user application.
Regarding claim 4, Yang discloses
the head pad (e-Patch 100, fig.1A) includes a heating area (area of e-Patch 100, fig.1A), but does not disclose the heating area is about 7 inches wide and 8 inches in length.
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the heating area of Yang, is about 7 inches wide and 8 inches in length, since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 149 USPQ 47 (CCPA 1976), in order suitable for the user application.
Regarding claim 5, Yang discloses
the heating element (heater 10, fig.1C) is a low voltage resistive wire (heater wire 7a, fig.1C).
Regarding claim 6, Yang discloses
the low voltage resistive wire (heater wire 7a, fig.1C), but does not disclose the low voltage resistive wire is at least 1.8 meters in length and has a diameter of about 1 millimeter.
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the low voltage resistive wire of Yang, is at least 1.8 meters in length and has a diameter of about 1 millimeter, since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 149 USPQ 47 (CCPA 1976), in order suitable for the user application.
Regarding claim 7, Yang discloses
controller (circuit board 9A, integrated circuit 9B, fig.1C, microprocessor, Par.0034) is further configured to generate a second duty cycle for the heating element (heater 10, fig.1C) so that the heat pad (e-Patch 100, fig.1A) is configured to output a second temperature [Par.0045 cited: “…microprocessor with communication capability can be combined with a Bluetooth or WiFi device to remotely communicate with a smart phone or computer or the communication ability of the USB connection can alternatively be used with a computer to enable another device to access parameters in the program. This can be used to adjust the set temperature and the auto off time to customize the heat therapy…”, therefore, microprocessor can be programed to generate multiple set point temperatures].
Regarding claim 8, Yang discloses
the controller (circuit board 9A, integrated circuit 9B, fig.1C, microprocessor, Par.0034) is further configured to generate a third duty cycle for the heating element (heater 10, fig.1C) so that the heat pad (e-Patch 100, fig.1A) is configured to output a third temperature [Par.0045 cited: “…microprocessor with communication capability can be combined with a Bluetooth or WiFi device to remotely communicate with a smart phone or computer or the communication ability of the USB connection can alternatively be used with a computer to enable another device to access parameters in the program. This can be used to adjust the set temperature and the auto off time to customize the heat therapy…”, therefore, microprocessor can be programed to generate multiple set point temperatures].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chung (US 20180352877 A1) is considered as a relevant prior art, as shown in fig.1, with a heatable wear device, a heat pad, and a USPC connector, but does not disclose an engagement mechanism…
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
07/26/2026
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