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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/3/2025 has been entered.
DETAILED ACTION
Applicant's arguments filed 10/3/2025 have been fully considered but they are not persuasive.
Regarding the applicant’s argument that none of the cited references teach specific limitations, the examiner disagrees. Higashijima discloses each of the specifically mentioned limitations (see the body of this action for further detail) except the newly added limitation “each airflow regulation tab member being… pre-applied.” Previously cited Nagao teaches each airflow regulation tab member being pre-applied (“By pulling off 402, 403, 404 in turn, the length of the breathable portion expands to (B)-(D), making it possible to adjust the heat generation temperature” paragraph [0016]. Citation from machine translation provided by the applicant on 1/16/2025. Figure 4 shows that each tab is associated with an indicated temperature [i.e. 40°C, 50°C, 60°C, and 70°C]).
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.
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, 3, 4, 6, 9-11, 13-16, 18, 19, 21, 24, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Higashijima (US 4106478 A), hereinafter Higashijima, in view of Nagao (JP H10108875 A), hereinafter Nagao.
Regarding claim 1, Higashijima discloses a portable warmer container comprising:
an interior cavity shaped and/or sized to receive and retain a thermally oxidative composition within (“material 14 has an air-impermeable character” column 4, line 13);
at least three ports formed on a surface of the container, each port defining an aperture extending entirely through the container and defining an airflow pathway from an exterior of the container to the interior cavity of the container (“a plurality of vent holes 13, 13 at regularly spaced intervals as shown in FIG. 6. The vent holes 13, 13 serve as the venting portion 1 through which air is introduced” column 4, line 14); and
at least three airflow regulation tab members, each airflow regulation tab member being separate, distinct, and independent from one another and each being directly coupled to a separate respective portion of an exterior surface of the container and sealed over a separate respective one of the ports, each airflow regulation tab member being manually adjustable between a fully closed configuration and a fully opened configuration to control exposure of the thermally oxidative composition to ambient air via a respective on of the ports and thereby control heat generation output from the thermally oxidative composition (“one or more sheets 11a of the same character as in the first embodiment may be applied to the corresponding holes so that the temperature of heating can be regulated as desired” column 4, line 22. Figure 6 shows at least 6 openings which may each be provided with a tab),
wherein, when a given one of the at least three airflow regulation tab members is in the fully closed configuration, the respective port is completely covered via a portion of the airflow regulation tab member and ambient air is blocked and obstructed from flowing through the respective port and into the interior cavity, and
wherein, when a given one of the at least three airflow regulation tab members is in the fully opened configuration, the respective port is completely unobstructed and ambient air is permitted to flow through the respective port and into the interior cavity;
wherein movement of a first airflow regulation tab member to the fully opened configuration, while the second and third airflow regulation tab members are in the fully closed configuration, corresponds to a low level of heat generation;
wherein the movement of the first and second airflow regulation tab members to the fully opened configuration, while the third airflow regulation tab member is in the fully closed configuration, corresponds to a medium level of heat generation;
wherein movement of the first, second, and third airflow regulation tab members to the fully opened configuration corresponds to a high level of heat generation (“During the use of the heater, its heating can be adjusted to different temperatures desired by applying one or more separate sheets of adhesive sealing material 11 of air-impermeable character to the outside of the venting portion 1 of the bag 2. Application of one or more sheets 11 controls the surface area of the portion 1 through which air can be introduced, and the amount of air through the portion 1 can be regulated accordingly. A plurality of air holes may be provided” column 3, line 65).
PNG
media_image1.png
296
594
media_image1.png
Greyscale
PNG
media_image2.png
396
428
media_image2.png
Greyscale
PNG
media_image3.png
550
588
media_image3.png
Greyscale
Higashijima does not disclose wherein each of the at least three airflow regulation tab members is pre-applied and has an associated numerical marking providing a visual indication of a corresponding level of heat generation upon movement of a respective one of the airflow regulation tab members to the fully opened configuration, wherein a first airflow regulation tab member has a first numerical marking, a second airflow regulation tab member has a second numerical marking having a greater value then the first numerical marking, and a third airflow regulation tab member has a third numerical marking having a greater value than the second numerical marking.
However, Nagao teaches wherein each of the at least three airflow regulation tab members is pre-applied and has an associated numerical marking providing a visual indication of a corresponding level of heat generation upon movement of a respective one of the airflow regulation tab members to the fully opened configuration, wherein a first airflow regulation tab member has a first numerical marking, a second airflow regulation tab member has a second numerical marking having a greater value then the first numerical marking, and a third airflow regulation tab member has a third numerical marking having a greater value than the second numerical marking (“By pulling off 402, 403, 404 in turn, the length of the breathable portion expands to (B)-(D), making it possible to adjust the heat generation temperature” paragraph [0016]. Citation from machine translation provided by the applicant on 1/16/2025. Figure 4 shows that each tab is associated with an indicated temperature [i.e. 40°C, 50°C, 60°C, and 70°C]).
PNG
media_image4.png
522
382
media_image4.png
Greyscale
In view of Nagao’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein each of the at least three airflow regulation tab members is pre-applied and has an associated numerical marking providing a visual indication of a corresponding level of heat generation upon movement of a respective one of the airflow regulation tab members to the fully opened configuration, wherein a first airflow regulation tab member has a first numerical marking, a second airflow regulation tab member has a second numerical marking having a greater value then the first numerical marking, and a third airflow regulation tab member has a third numerical marking having a greater value than the second numerical marking as is taught in Nagao, in the portable warmer disclosed by Higashijima because including temperature indicators will provide advance knowledge to the user of the heat that will be delivered which will improve the user experience by reducing trial and error.
Regarding claim 3, Higashijima, as modified by Nagao, discloses the portable warmer container of claim 2, wherein each of the airflow regulation tab members can be adjusted from the fully closed configuration to the fully opened configuration independent of one another (“During the use of the heater, its heating can be adjusted to different temperatures desired by applying one or more separate sheets of adhesive sealing material 11 of air-impermeable character to the outside of the venting portion 1 of the bag 2. Application of one or more sheets 11 controls the surface area of the portion 1 through which air can be introduced, and the amount of air through the portion 1 can be regulated accordingly. A plurality of air holes may be provided” column 3, line 65 emphasis added).
Regarding claim 4, Higashijima, as modified by Nagao, discloses the portable warmer container of claim 3, wherein a first airflow regulation tab member can be adjusted to the fully opened configuration while a second airflow regulation tab member can remain in the fully closed configuration (“During the use of the heater, its heating can be adjusted to different temperatures desired by applying one or more separate sheets of adhesive sealing material 11 of air-impermeable character to the outside of the venting portion 1 of the bag 2. Application of one or more sheets 11 controls the surface area of the portion 1 through which air can be introduced, and the amount of air through the portion 1 can be regulated accordingly. A plurality of air holes may be provided” column 3, line 65 emphasis added).
Regarding claim 6, Higashijima, as modified by Nagao, discloses the portable warmer container of claim 1, wherein each airflow regulation tab member is adhered to a perimeter of a respective port via an adhesive (“During the use of the heater, its heating can be adjusted to different temperatures desired by applying one or more separate sheets of adhesive sealing material 11 of air-impermeable character to the outside of the venting portion 1 of the bag 2. Application of one or more sheets 11 controls the surface area of the portion 1 through which air can be introduced, and the amount of air through the portion 1 can be regulated accordingly. A plurality of air holes may be provided” column 3, line 65 emphasis added).
Regarding claim 9, Higashijima, as modified by Nagao, discloses the portable warmer container of claim 1, wherein the container is configured to receive and retain one or more oxidation-based disposable heating elements within, each of the oxidation-based disposable heating elements comprising a thermally oxidative composition (“iron powders and humidified activated charcoal powders… Other elements which promote the oxidation of the metallic powders include sodium chloride known as common salt, ferric chloride and copper chloride, for example, which are dissolved in the moisture which makes the activated charcoal powders humidified” starting column 5, line 68).
Regarding claim 10, Higashijima, as modified by Nagao, discloses the portable warmer container of claim 1, wherein the container is configured to be sealed upon receipt of the one or more oxidation-based disposable heating elements within the interior cavity (“A first or innermost enclosure 5, having a bag form, contains a composition of powdered metals 4 therein. The bag 5 is enclosed inside the second bag 2. The second bag 2, as it encloses the first bag 5 therein, has its opposite ends heat-sealed so that it can keep itself sealed-off” column 2, line 54).
Regarding claim 11, Higashijima, as modified by Nagao, discloses the portable warmer container of claim 10, wherein the seal is an airtight seal (“material 14 has an air-impermeable character” column 4, line 13).
Regarding claim 13, Higashijima, as modified by Nagao, discloses the portable warmer container of claim 10, wherein the container is configured to be sealed via at least one of application of heat thereto, electrostatic forces, and magnetic forces (“A first or innermost enclosure 5, having a bag form, contains a composition of powdered metals 4 therein. The bag 5 is enclosed inside the second bag 2. The second bag 2, as it encloses the first bag 5 therein, has its opposite ends heat-sealed so that it can keep itself sealed-off” column 2, line 54 emphasis added).
Regarding claim 14, Higashijima, as modified by Nagao, discloses the portable warmer container of claim 1, wherein the oxidative composition is configured to provide a thermochemical, exothermic reaction of iron and oxygen in the presence of activated charcoal and sodium chloride (“iron powders and humidified activated charcoal powders… Other elements which promote the oxidation of the metallic powders include sodium chloride known as common salt, ferric chloride and copper chloride, for example, which are dissolved in the moisture which makes the activated charcoal powders humidified” starting column 5, line 68).
Regarding claim 15, Higashijima, as modified by Nagao, discloses the portable warmer container of claim 1, wherein the container comprises one or more layers comprising at least one of laminated thermoplastics and/or non-woven films, woven materials, injection molded thermoplastic materials, molded silicone materials, and a metal sheet or film (“The bag 2a consists of two kinds of materials which have a generally like form, and are laminated as shown in FIG. 5” column 4, line 10 and “the bag 2 is made of air-impermeable material such as polyvinyl chloride” column 3, line 46).
Regarding claim 16, Higashijima discloses a portable warmer container comprising:
an interior cavity (“The bag 2a” column 4, line 10) containing a thermally oxidative composition within (“A first or innermost enclosure 5, having a bag form, contains a composition of powdered metals 4 therein. The bag 5 is enclosed inside the second bag 2” column 2, line 54 and “iron powders and humidified activated charcoal powders… Other elements which promote the oxidation of the metallic powders include sodium chloride known as common salt, ferric chloride and copper chloride, for example, which are dissolved in the moisture which makes the activated charcoal powders humidified” starting column 5, line 68);
at least three ports formed on a laminate surface provided on the container, each port defining an airflow pathway from an exterior of the container towards the interior cavity of the container (“The bag 2a consists of two kinds of materials which have a generally like form, and are laminated as shown in FIG. 5. One material 12 has an air-permeable character, and other material 14 has an air-impermeable character and has a plurality of vent holes 13, 13 at regularly spaced intervals as shown in FIG. 6” column 4, line 10); and
at least three airflow regulation tab members, each airflow regulation tab member being separate, distinct, and independent from one another and each being directly coupled to a separate respective portion of an exterior of the laminate surface of the container and sealed over a separate respective one of the ports, each airflow regulation tab member being manually adjustable between a fully closed configuration and a fully opened configuration to control exposure of the thermally oxidative composition to ambient air via a respective on of the ports and thereby control heat generation output from the thermally oxidative composition (“one or more sheets 11a of the same character as in the first embodiment may be applied to the corresponding holes so that the temperature of heating can be regulated as desired” column 4, line 22. Figure 6 shows at least 6 openings which may each be provided with a tab),
wherein, when a given one of the at least three airflow regulation tab members is in the fully closed configuration, the respective port is completely covered via a portion of the airflow regulation tab member and ambient air is blocked and obstructed from flowing through the respective port and into the interior cavity, and
wherein, when a given one of the at least three airflow regulation tab members is in the fully opened configuration, the respective port is completely unobstructed and ambient air is permitted to flow through the respective port and into the interior cavity;
wherein movement of a first airflow regulation tab member to the fully opened configuration, while the second and third airflow regulation tab members are in the fully closed configuration, corresponds to a low level of heat generation;
wherein the movement of the first and second airflow regulation tab members to the fully opened configuration, while the third airflow regulation tab member is in the fully closed configuration, corresponds to a medium level of heat generation;
wherein movement of the first, second, and third airflow regulation tab members to the fully opened configuration corresponds to a high level of heat generation (“During the use of the heater, its heating can be adjusted to different temperatures desired by applying one or more separate sheets of adhesive sealing material 11 of air-impermeable character to the outside of the venting portion 1 of the bag 2. Application of one or more sheets 11 controls the surface area of the portion 1 through which air can be introduced, and the amount of air through the portion 1 can be regulated accordingly. A plurality of air holes may be provided” column 3, line 65).
Higashijima does not disclose wherein each of the at least three airflow regulation tab members is pre-applied and has an associated numerical marking providing a visual indication of a corresponding level of heat generation upon movement of a respective one of the airflow regulation tab members to the fully opened configuration, wherein a first airflow regulation tab member has a first numerical marking, a second airflow regulation tab member has a second numerical marking having a greater value then the first numerical marking, and a third airflow regulation tab member has a third numerical marking having a greater value than the second numerical marking.
However, Nagao teaches wherein each of the at least three airflow regulation tab members is pre-applied and has an associated numerical marking providing a visual indication of a corresponding level of heat generation upon movement of a respective one of the airflow regulation tab members to the fully opened configuration, wherein a first airflow regulation tab member has a first numerical marking, a second airflow regulation tab member has a second numerical marking having a greater value then the first numerical marking, and a third airflow regulation tab member has a third numerical marking having a greater value than the second numerical marking (“By pulling off 402, 403, 404 in turn, the length of the breathable portion expands to (B)-(D), making it possible to adjust the heat generation temperature” paragraph [0016]. Citation from machine translation provided by the applicant on 1/16/2025. Figure 4 shows that each tab is associated with an indicated temperature [i.e. 40°C, 50°C, 60°C, and 70°C]).
In view of Nagao’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein each of the at least three airflow regulation tab members is pre-applied and has an associated numerical marking providing a visual indication of a corresponding level of heat generation upon movement of a respective one of the airflow regulation tab members to the fully opened configuration, wherein a first airflow regulation tab member has a first numerical marking, a second airflow regulation tab member has a second numerical marking having a greater value then the first numerical marking, and a third airflow regulation tab member has a third numerical marking having a greater value than the second numerical marking as is taught in Nagao, in the portable warmer disclosed by Higashijima because including temperature indicators will provide advance knowledge to the user of the heat that will be delivered which will improve the user experience by reducing trial and error.
Regarding claim 18, Higashijima, as modified by Nagao, discloses the portable warmer container of 17, wherein each of the airflow regulation tab members can be adjusted from the fully closed configuration to the fully opened configuration independent of one another (“During the use of the heater, its heating can be adjusted to different temperatures desired by applying one or more separate sheets of adhesive sealing material 11 of air-impermeable character to the outside of the venting portion 1 of the bag 2. Application of one or more sheets 11 controls the surface area of the portion 1 through which air can be introduced, and the amount of air through the portion 1 can be regulated accordingly. A plurality of air holes may be provided” column 3, line 65 emphasis added).
Regarding claim 19, Higashijima, as modified by Nagao, discloses the portable warmer container of claim 18, wherein a first airflow regulation tab member can be adjusted to the fully opened configuration while a second airflow regulation tab member can remain in the fully closed configuration (“During the use of the heater, its heating can be adjusted to different temperatures desired by applying one or more separate sheets of adhesive sealing material 11 of air-impermeable character to the outside of the venting portion 1 of the bag 2. Application of one or more sheets 11 controls the surface area of the portion 1 through which air can be introduced, and the amount of air through the portion 1 can be regulated accordingly. A plurality of air holes may be provided” column 3, line 65 emphasis added).
Regarding claim 21, Higashijima, as modified by Nagao, discloses the portable warmer container of claim 16, wherein each airflow regulation tab member is adhered to a perimeter of a respective port via an adhesive (“During the use of the heater, its heating can be adjusted to different temperatures desired by applying one or more separate sheets of adhesive sealing material 11 of air-impermeable character to the outside of the venting portion 1 of the bag 2. Application of one or more sheets 11 controls the surface area of the portion 1 through which air can be introduced, and the amount of air through the portion 1 can be regulated accordingly. A plurality of air holes may be provided” column 3, line 65 emphasis added).
Regarding claim 24, Higashijima, as modified by Nagao, discloses the portable warmer container of claim 16, wherein the laminate surface comprises one or more layers of a material or combination of materials (“The bag 2a consists of two kinds of materials which have a generally like form, and are laminated as shown in FIG. 5” column 4, line 10).
Regarding claim 25, Higashijima, as modified by Nagao, discloses the portable warmer container of claim 24, wherein the laminate surface comprises a thermoplastic material (“the bag 2 is made of air-impermeable material such as polyvinyl chloride” column 3, line 46).
Claims 5, 8, 20, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Higashijima, in view of Nagao, and further in view of Fish (US 6092519 A), hereinafter Fish.
Regarding claims 5 and 8, Higashijima, as modified by Nagao, discloses the portable warmer container of claim 1.
Higashijima, as modified by Nagao, does not disclose:
wherein each airflow regulation tab member is configured to transition to a plurality of positions between the fully closed configuration and the fully open configuration to thereby uncover an associated portion of the respective port and permit an associated amount of ambient air to flow into the interior cavity of the container;
wherein each airflow regulation tab member is resealable over the associated port.
However, Fish teaches:
wherein each airflow regulation tab member is configured to transition to a plurality of positions between the fully closed configuration and the fully open configuration to thereby uncover an associated portion of the respective port and permit an associated amount of ambient air to flow into the interior cavity of the container;
wherein each airflow regulation tab member is resealable over the associated port (“Closing of apertures 214,215,217 by suitable slide closures such as slide closures 201,203 substantially restricts access of oxygen to the disposable heating material. This minimizes the heating of the interior of the case 210 because the heat packs 127,129,121,125, which generate heat through chemical reaction between an oxidizable compound and atmospheric oxygen, are prevented from obtaining sufficient oxygen to react at their maximum rate to generate heat. Accordingly, full or partial closing of apertures 214,215,217 impedes the heat-producing reaction, and thereby allows the operator to slow or stop the reaction when less heat is desired or heat is no longer required and to thereby save the remainder of the disposable heating material for later use” column 3, line 11)
PNG
media_image5.png
332
490
media_image5.png
Greyscale
PNG
media_image6.png
260
454
media_image6.png
Greyscale
In view of Fish’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include:
wherein each airflow regulation tab member is configured to transition to a plurality of positions between the fully closed configuration and the fully open configuration to thereby uncover an associated portion of the respective port and permit an associated amount of ambient air to flow into the interior cavity of the container;
wherein each airflow regulation tab member is resealable over the associated port as is taught in Fish, in the portable warmer container disclosed by Higashijima because Fish states that these features allow the operator to slow or stop the reaction when less heat is desired or heat is no longer required and to thereby save the remainder of the disposable heating material for later use. Therefore, including the features taught by Fish will prolong the useful life of the reactants in Higashijima.
Regarding claims 20 and 23, Higashijima discloses the portable warmer container of claim 16.
Higashijima does not disclose:
wherein each airflow regulation tab member is configured to transition to a plurality of positions between the fully closed configuration and the fully open configuration to thereby uncover an associated portion of the respective port and permit an associated amount of ambient air to flow into the interior cavity of the container;
wherein each airflow regulation tab member is resealable over the associated port.
However, Fish teaches:
wherein each airflow regulation tab member is configured to transition to a plurality of positions between the fully closed configuration and the fully open configuration to thereby uncover an associated portion of the respective port and permit an associated amount of ambient air to flow into the interior cavity of the container;
wherein each airflow regulation tab member is resealable over the associated port (“Closing of apertures 214,215,217 by suitable slide closures such as slide closures 201,203 substantially restricts access of oxygen to the disposable heating material. This minimizes the heating of the interior of the case 210 because the heat packs 127,129,121,125, which generate heat through chemical reaction between an oxidizable compound and atmospheric oxygen, are prevented from obtaining sufficient oxygen to react at their maximum rate to generate heat. Accordingly, full or partial closing of apertures 214,215,217 impedes the heat-producing reaction, and thereby allows the operator to slow or stop the reaction when less heat is desired or heat is no longer required and to thereby save the remainder of the disposable heating material for later use” column 3, line 11).
In view of Fish’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include:
wherein each airflow regulation tab member is configured to transition to a plurality of positions between the fully closed configuration and the fully open configuration to thereby uncover an associated portion of the respective port and permit an associated amount of ambient air to flow into the interior cavity of the container;
wherein each airflow regulation tab member is resealable over the associated port as is taught in Fish, in the portable warmer container disclosed by Higashijima because Fish states that these features allow the operator to slow or stop the reaction when less heat is desired or heat is no longer required and to thereby save the remainder of the disposable heating material for later use. Therefore, including the features taught by Fish will prolong the useful life of the reactants in Higashijima.
Claims 7 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Higashijima, in view of Nagao, and further in view of Wasserman (US 20030113519 A1), hereinafter Wasserman.
Regarding claim 7, Higashijima, as modified by Nagao, discloses the portable warmer container of claim 1.
Higashijima, as modified by Nagao, does not disclose wherein each airflow regulation tab member is single use and is not resealable over the associated port.
However, Wasserman teaches wherein each tab member is single use and is not resealable (“In the packaging of medical devices and supplies, it is desirable to provide a peelable but non-resealable closure system” paragraph [0025]).
In view of Wasserman’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein each tab member is single use and is not resealable as is taught in Wasserman, in the portable warmer disclosed by Higashijima because Higashijima concerns “heaters in therapeutic or medical use” (column 1, line 16). Therefore, a non-resealable tab configuration will discourage shared usage between patients.
Regarding claim 22, Higashijima, as modified by Nagao, discloses the portable warmer container of claim 16.
Higashijima, as modified by Nagao, does not disclose wherein each airflow regulation tab member is single use and is not resealable over the associated port.
However, Wasserman teaches wherein each tab member is single use and is not resealable (“In the packaging of medical devices and supplies, it is desirable to provide a peelable but non-resealable closure system” paragraph [0025]).
In view of Wasserman’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein each tab member is single use and is not resealable as is taught in Wasserman, in the portable warmer disclosed by Higashijima because Higashijima concerns “heaters in therapeutic or medical use” (column 1, line 16). Therefore, a non-resealable tab configuration will discourage shared usage between patients.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Higashijima, in view of Nagao, and further in view of Usui (GB 2303208 A), hereinafter Usui.
Regarding claim 12, Higashijima, as modified by Nagao, discloses the portable warmer container of claim 10.
Higashijima, as modified by Nagao, does not disclose wherein the container comprises an adhesive layer configured to provide an airtight seal with respect to the interior cavity and the one or more oxidation-based disposable heating elements within.
However, Usui teaches wherein the container comprises an adhesive layer configured to provide an airtight seal with respect to the interior cavity and the one or more oxidation-based disposable heating elements within (“lamination means alternatively overall or partial layer-to-layer jointing by heat-setting, adhesion, gluing and lamination or simple piling of layers followed by heat-sealing or by the use of hot melt adhesive or pressure sensitive adhesive along the periphery or around the center” page 39).
PNG
media_image7.png
330
592
media_image7.png
Greyscale
Higashijima does not disclose the claimed sealing method. Usui teaches adhesive. The substitution of one known element (the heat-sealing of Higashijima) for another (the adhesive of Usui) would have been obvious to one having ordinary skill in the art at the time of the invention, since the substitution of the adhesive taught in Usui would have yielded predictable results, namely, means for sealing the container for the exothermic material Agrizap, Inc. v. Woodstream Corp., 520 F.3d 1337, 86 USPQ2d 1110 (Fed. Cir. 2008).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Takeuchi (US 20030141293 A1) “A plurality of adhesive tapes having a function for blocking gas permeability of the surface film, are fitted on the surface of the surface film. By peeling off the adhesive tapes, an exposure area of the surface film having gas permeability can be varied to adjust a supply amount of air contributing for oxidation reaction of the heating body and whereby to control temperature profile” paragraph [0007]
PNG
media_image8.png
176
516
media_image8.png
Greyscale
Gradzewicz (US 20080128431 A1) “A removable activation tab 44 comprising a strip of adhesive tape on the exterior of the opposite wall initially covers openings 40. In this embodiment, dry heat oxidation pack 50 is provided in the pocket in an airtight environment prior to purchase by the user. When the user desires to warm the wipes, the user pulls the activation tab 44 from the pocket exterior wall 31 to remove the tape strip and expose openings 40, thereby allowing atmospheric air to circulate into the pocket and activating the oxidation process in the dry heat oxidation pack 50” paragraph [0037]
PNG
media_image9.png
264
408
media_image9.png
Greyscale
Huffer (US 9024360 B1) “although a single peelable portion 92 centrally disposed on a majority of the surface of the container 10 is shown in FIG. 4, in some embodiments, more than one peelable portion may be provided, and the peelable portions may be arranged in different ways to accommodate the amount and orientation of the heater material 50. In such a case, the peelable portions may be independently peelable, such that a degree of heating (e.g., heating of the contents 15) may be controlled by the user by controlling the amount of air that is allowed to contact the heater material 50. For example, where three peelable portions are provided (not shown), the user may be able to produce heat at a "low" level by removing only one of the peelable portions. The user may similarly be able to produce heat at a "medium" level by removing two of the peelable portions, and the user may likewise produce heat at a "high" degree by removing all three of the peelable portions and allowing the maximum amount of air to enter into the compartment 40 and react with the heater material 50” column 7, line 27
PNG
media_image10.png
492
656
media_image10.png
Greyscale
Felty (US 20190082871 A1)
PNG
media_image11.png
358
744
media_image11.png
Greyscale
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOGAN P JONES whose telephone number is (303)297-4309. The examiner can normally be reached Mon-Fri 8:30-5:00 EST.
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, Michael Hoang can be reached at (571) 272-6460. 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.
/LOGAN P JONES/Examiner, Art Unit 3762