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 .
Election/Restrictions
Applicant’s election without traverse of Species C, Embodiment 3, figure 7, in the reply filed on 03/17/2026 is acknowledged. Applicant identified claims 1-4 as reading on the elected species.
However, claim 3 is directed to a convex portion lower from a center side toward an edge side and provided on a lower surface of the cover portion, which corresponds to non-elected Species B, Embodiment 2 (see also PGPub par. 0030-0031).
Claims 3 and 5 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Claims 1-2 and 4 have been examined and addressed on the merits in this office action.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102:
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 1 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lurz et al. (US 2004/0258568, herein “Lurz”).
Regarding claim 1, Lurz discloses:
a temperature control device (fig. 1) [par. 0025] comprising:
a temperature control block (7) having a plurality of concave portions (11) for holding containers (1) (fig. 1) [par. 0028];
a cooling part (16) configured to cool the temperature control block (7) (fig. 1) [par. 0030-0031]; and
a cover portion (top of 4 plus 5) having openings (6) through which the containers (1) are inserted and removed while covering an upper side of the temperature control block (7) (fig. 1) [par. 0027-0028], wherein
the cover portion (top of 4 plus 5) is exposed to outside air (fig. 1) [par. 0006], and
an air layer being formed between the temperature control block (7) and the cover portion (top of 4 plus 5) (fig. 1).
Regarding claim 4, Lurz discloses:
a heating part (12 plus 13) configured to heat the cover portion (top of 4 plus 5) (fig. 1) [par. 0029].
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hwang (US 2019/0210028)
Regarding claim 1, Hwang discloses:
a temperature control device (10) (figs. 1 and 5A-5C) [abs., lines 1-3] comprising:
a temperature control block (20) [par. 0241] having a plurality of concave portions (72/73) for holding containers (90) [par. 0241-0242 and 0278, as it applies to the embodiment of figs. 5A-5C];
a cooling part (32) [par. 0242]; and
a cover portion (31) having openings (71) through which the containers (90) are inserted and removed while covering an upper side (21) of the temperature control block (20) (figs. 5A-5C), wherein
the cover portion (31) is exposed to outside air (since it is a portable apparatus) [abstract], and
an air layer (50) being formed between the temperature control block (20) and the cover portion (31) (figs. 5A-5C) [par. 0249, as it applies to the embodiment of figs. 5A-5C, and par. 0271].
MPEP 2114 II clearly states “Apparatus claims cover what a device is, not what a device does" and “A claim containing a ‘recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus’ if the prior art apparatus teaches all the structural limitations of the claim.” Because Claim 1 fails to further limit the apparatus in terms of structure, but rather only recite further functional limitations, regarding the “a cooling part configured to cool the temperature control block” limitation, the invention as taught by Hwang is deemed fully capable of performing such function. In the instant case, Hwang’s cooling part (20) is part of a heat source (30) capable of heating or cooling [par. 0242] and therefore capable of cooling the block (20) by conduction (though 90) (fig. 5A).
Regarding claim 2, Hwang discloses:
a thickness of the air layer (50) being 10 mm or less [par. 0247, as it applies to the embodiment of figs. 5A-5C].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUSTAVO A HINCAPIE SERNA whose telephone number is (571)272-6018. The examiner can normally be reached 9am-5:30pm.
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/JENNA M MARONEY/Primary Examiner, Art Unit 3763
/GUSTAVO A HINCAPIE SERNA/Examiner, Art Unit 3763
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