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 .
Response to Amendment
This Office Action is responsive to the amendment filed on June 17, 2026. Applicant amended claims 1, 3, 4, 11, 13, 14, and 17-19. Claims 1-20 are pending in the application.
Claim Interpretation
The claims have been reviewed to determine whether any limitation invokes 35 U.S.C. § 112(f) or pre-AIA 35 U.S.C. § 112, sixth paragraph. Claims 3, 13, and 18 have been amended to recite, respectively, that "the temperature control system is operable to switch to a grid power source connected to the power connector" (claim 3), "the temperature control system is operable to switch to a grid power source connected to the power connector" (claim 13), and "the thermoelectric device is operable to switch to a grid power source connected to the power connector" (claim 18). As amended, the functional language ("is operable to switch to") is no longer associated with "grid power source" as a placeholder performing a claimed function; rather, "a grid power source" is recited as an external structure to which the claimed system or thermoelectric device switches. Accordingly, "a grid power source" no longer invokes 35 U.S.C. § 112(f), and the previous construction is withdrawn.
No other claim limitation has been identified that invokes 35 U.S.C. § 112(f) or pre-AIA 35 U.S.C. § 112, sixth paragraph.
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 1-20 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 1 recites that "the controller is operable to switch the thermoelectric device between an ON state and the OFF state by: determining a maximum power point (MPP) of the one or more solar panels using data captured by a sensor; and determining a maximum working point (MWP) of the thermoelectric device based on the MPP, wherein the ON state of the thermoelectric device is maintained up to the MWP." Claim 11 recites that the controller is "operable to switch the thermoelectric device between an ON state and an OFF state by determining a maximum working point (MWP) of the thermoelectric device based on a maximum power point (MPP) of the one or more solar panels, wherein the ON state of the thermoelectric device is maintained up to the MWP," and claim 17 recites substantively the same limitation, the limitations renders the claims indefinite because in each of claims 1, 11, and 17, the claim recites that switching the thermoelectric device between the ON state AND the OFF state is accomplished "by" the recited determination of the MPP and the MWP, yet the only operative condition recited in connection with these determined values is that the ON state "is maintained up to the MWP." No value, comparison, or condition is recited that ties the determined MPP or the determined MWP to the occurrence of, or transition into, the OFF state. Consequently, it is unclear from the claim language what event, relative to the determined MPP or MWP, results in the thermoelectric device being placed in the OFF state, and the metes and bounds of the claimed switching function cannot be determined with reasonable certainty. See MPEP § 2173.05(e). Appropriate correction is required.
Claims 2-10, 12-16 and 18-20 are also rejected under 35 U.S.C. 112(b) for being dependent upon a rejected claim.
Claim Rejections - 35 USC § 103
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.
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.
Claims 1, 2, 5, 6, 10, 11, 12, 15, 16, 17, and 20 are rejected under 35 U.S.C. § 103 as being unpatentable over McGann (US 2009/0277187 A1) in view of Levinson (US 5,197,291), further in view of Ewert (US 2002/0023450 A1).
In regard to claim 1, McGann teaches a temperature control system (Abstract; ¶ 0007) comprising:
a thermoelectric device (TECs 38) (¶ 0069; Figs. 4, 5, 7, 10-12);
one or more solar panels (solar collector 26) operatively connected to the thermoelectric device (38), the one or more solar panels (26) operable to provide solar power to the thermoelectric device (38) (¶¶ 0063, 0065, 0069);
a controller operatively connected to the thermoelectric device (control panel/user interface 41) (¶¶ 0012, 0066, 0071);
a first insulating layer surrounding a receptacle (interior surface 18 of interior container 14, described as "thick and foam-insulated") (¶ 0061); and
a second insulating layer operable to reduce air circulation within the receptacle when the thermoelectric device is in an OFF state (insulated lid 12, in combination with the energy save mode, which "will even shut down the fans, heat sinks and vents until the temperature once again rises above a certain threshold") (¶¶ 0064, 0066); and
wherein: the thermoelectric device is operable to receive forced air convection to maintain a temperature inside the receptacle when the thermoelectric device is in the ON state (interior and exterior heat sinks 35, 36, interior and exterior fans 23, 24, and interior and exterior vents 39, 40, which "circulate the cool air within the container") (¶¶ 0069-0070; Abstract).
McGann teaches that the controller switches the cooling operation of the thermoelectric device on and off using an energy save mode based on measured internal and external temperatures (¶¶ 0012, 0066), but McGann does not explicitly teach that the controller is operable to switch the thermoelectric device between an ON state and the OFF state by determining a maximum power point (MPP) of the one or more solar panels using data captured by a sensor and determining a maximum working point (MWP) of the thermoelectric device based on the MPP, wherein the ON state of the thermoelectric device is maintained up to the MWP.
However, Ewert teaches a solar-powered refrigeration system comprising a photovoltaic panel (102) coupled to a variable-speed cooling load (compressor 108) by a power bus (103), and a load controller (106) that senses the DC voltage on the power bus — i.e., data captured by a voltage sensor — at regular intervals to locate the maximum power point of the photovoltaic panel by an iterative search process (¶¶ 0024, 0036-0037; Figs. 3-5). Ewert’s load controller regulates the operating speed of the cooling load based on the sensed voltage so as to "regulate the compressor speed to run the compressor at a substantially maximum available power" (claim 7), i.e., the load controller determines a maximum working point of the cooling load based on the determined maximum power point of the panel, and the cooling load is run in an active, ON state up to that determined working point so as to "effectively maximize[] the power extracted from the solar panel" (¶ 0028) and "convert substantially all available solar power into stored thermal energy" (Abstract). Ewert additionally claims this load-control technique in generic terms, reciting a controller that adjusts a speed control signal to "maximize usage of the electrical power from the power source" for a "variable speed motor" powered by a DC power source generally, without limitation to a vapor-compression compressor (claim 41).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the controller of McGann’s temperature control system to determine a maximum power point of the one or more solar panels using data captured by a sensor and to determine a maximum working point of the thermoelectric device based on the maximum power point, maintaining the ON state of the thermoelectric device up to the determined maximum working point, as taught by Ewert, in order to effectively maximize the power extracted from the solar panel and convert substantially all of the available solar power into useful cooling capacity, rather than under-driving or over-driving the cooling load (Ewert, Abstract; ¶ 0028). One of ordinary skill would have been motivated to make this modification because McGann’s controller already regulates the cooling operation of the thermoelectric device based on power- and temperature-related conditions (McGann ¶¶ 0012, 0066), and Ewert demonstrates that maximum-power-point-based load control was a known and successful technique for maximizing the utilization of available solar power by a directly-connected, variable-output DC cooling load. See MPEP § 2143(I)(x).
The cooling load in Ewert’s system is a compressor, rather than a thermoelectric device. However, Levinson teaches a thermoelectric module (34) that receives electric power directly from a solar cell (44) through leads (46a, 46b) (col. 4, l. 60 - col. 5, l. 1), such that any change in the electrical power supplied by the solar cell produces a corresponding change in the cooling output of the thermoelectric module, providing "a self-regulating response ... in dependence on the intensity of incident solar irradiation" (col. 5, ll. 1-6).
One of ordinary skill in the art would have had a reasonable expectation of success in applying Ewert’s maximum-power-point-based load-matching control technique to the thermoelectric device of McGann, notwithstanding that Ewert’s own cooling load is a compressor, because Levinson establishes that a thermoelectric cooling device’s output, like a compressor’s, varies in a direct and predictable manner with the electrical power delivered to it (Levinson, col. 5, ll. 1-6), such that the same voltage-based technique Ewert uses to match a compressor’s operating point to available solar power would predictably operate to match a thermoelectric device’s operating point to available solar power in the same manner. See MPEP § 2143.02.
In regard to claim 2, McGann teaches the temperature control system of claim 1, further comprising a power connector operatively connected to the thermoelectric device (power cords 32, one an AC connector and one a DC connector) (¶¶ 0067, 0069).
In regard to claim 5, McGann teaches the temperature control system of claim 1, wherein a cold side of the thermoelectric device includes a heat sink operable to adjust a temperature of the forced air convection (interior heat sink 35) (¶ 0069; Fig. 11).
In regard to claim 6, McGann teaches the temperature control system of claim 1, further comprising one or more fans (23, 24) operatively connected to the thermoelectric device (38), the one or more fans operable to provide the forced air convection (interior and exterior fans 23, 24) (¶¶ 0061, 0069-0070; Figs. 10-11).
In regard to claim 10, McGann teaches the temperature control system of claim 1, further comprising an external device port (outlet panel 33) (¶ 0068).
In regard to claim 11, McGann teaches a temperature control system (Abstract; ¶ 0007) comprising:
a thermoelectric device (TECs 38) (¶ 0069; Figs. 4, 5, 7, 10-12);
one or more solar panels (solar collector 26) operatively connected to the thermoelectric device (38), the one or more solar panels operable to provide solar power to the thermoelectric device (¶¶ 0063, 0065, 0069);
a controller operatively connected to the thermoelectric device (control panel/user interface 41) (¶¶ 0012, 0066, 0071), the controller operable to switch the thermoelectric device between an ON state and an OFF state;
a first insulating layer (interior surface 18 of interior container 14) (¶ 0061); and
a second insulating layer operable to reduce air circulation within an area defined by the first insulating layer when the thermoelectric device is in the OFF state (insulated lid 12, in combination with the energy save mode of ¶ 0066) (¶¶ 0064, 0066);
wherein: the thermoelectric device is operable to receive forced air convection to maintain a temperature within the area defined by the first insulating layer when the thermoelectric device is in the ON state (interior and exterior heat sinks 35, 36; interior and exterior fans 23, 24; interior and exterior vents 39, 40) (¶¶ 0069-0070; Abstract).
McGann does not explicitly teach that the controller is operable to switch the thermoelectric device between the ON state and the OFF state by determining a maximum working point (MWP) of the thermoelectric device based on a maximum power point (MPP) of the one or more solar panels, wherein the ON state of the thermoelectric device is maintained up to the MWP.
However, Ewert teaches a solar-powered refrigeration system comprising a photovoltaic panel (102) coupled to a variable-speed cooling load (compressor 108) by a power bus (103), and a load controller (106) that senses the DC voltage on the power bus at regular intervals to locate the maximum power point of the photovoltaic panel by an iterative search process (¶¶ 0024, 0036-0037; Figs. 3-5), and that regulates the operating speed of the cooling load so as to "regulate the compressor speed to run the compressor at a substantially maximum available power" (claim 7), thereby determining a maximum working point of the cooling load based on the determined maximum power point of the panel and running the cooling load in an active, ON state up to that determined working point (¶ 0028; Abstract). Ewert additionally claims this load-control technique in generic terms, reciting a controller that adjusts a speed control signal to "maximize usage of the electrical power from the power source" for a "variable speed motor" powered by a DC power source generally, without limitation to a vapor-compression compressor (claim 41).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the controller of McGann’s temperature control system to determine a maximum working point of the thermoelectric device based on a maximum power point of the one or more solar panels, maintaining the ON state of the thermoelectric device up to the determined maximum working point, as taught by Ewert, in order to effectively maximize the power extracted from the solar panel and convert substantially all of the available solar power into useful cooling capacity, rather than under-driving or over-driving the cooling load (Ewert, Abstract; ¶ 0028). One of ordinary skill would have been motivated to make this modification because McGann’s controller already regulates the cooling operation of the thermoelectric device based on power- and temperature-related conditions (McGann ¶¶ 0012, 0066), and Ewert demonstrates that maximum-power-point-based load control was a known and successful technique for maximizing the utilization of available solar power by a directly-connected, variable-output DC cooling load. See MPEP § 2143(I)(x).
The cooling load in Ewert’s system is a compressor, rather than a thermoelectric device. However, Levinson teaches a thermoelectric module (34) that receives electric power directly from a solar cell (44) through leads (46a, 46b) (col. 4, l. 60 - col. 5, l. 1), such that any change in the electrical power supplied by the solar cell produces a corresponding change in the cooling output of the thermoelectric module, providing "a self-regulating response ... in dependence on the intensity of incident solar irradiation" (col. 5, ll. 1-6).
One of ordinary skill in the art would have had a reasonable expectation of success in applying Ewert’s maximum-power-point-based load-matching control technique to the thermoelectric device of McGann, notwithstanding that Ewert’s own cooling load is a compressor, because Levinson establishes that a thermoelectric cooling device’s output, like a compressor’s, varies in a direct and predictable manner with the electrical power delivered to it (Levinson, col. 5, ll. 1-6), such that the same voltage-based technique Ewert uses to match a compressor’s operating point to available solar power would predictably operate to match a thermoelectric device’s operating point to available solar power in the same manner. See MPEP § 2143.02.
In regard to claim 12, McGann teaches the temperature control system of claim 11, further comprising a power connector operatively connected to the thermoelectric device (power cords 32) (¶¶ 0067, 0069).
In regard to claim 15, McGann teaches the temperature control system of claim 11, wherein a cold side of the thermoelectric device includes a heat sink operable to adjust a temperature of the forced air convection (interior heat sink 35) (¶ 0069; Fig. 11).
In regard to claim 16, McGann teaches the temperature control system of claim 11, further comprising one or more fans operatively connected to the thermoelectric device, the one or more fans operable to provide the forced air convection (interior and exterior fans 23, 24) (¶¶ 0061, 0069-0070; Fig. 10).
In regard to claim 17, McGann teaches a temperature control system (Abstract; ¶ 0007) comprising:
a thermoelectric device (TECs 38) (¶ 0069; Figs. 4, 5, 7, 10-12);
a first insulating layer (interior surface 18 of interior container 14) (¶ 0061);
a second insulating layer operable to reduce air circulation within a receptacle surrounded by the first insulating layer when the thermoelectric device is in an OFF state (insulated lid 12, in combination with the energy save mode of ¶ 0066) (¶¶ 0064, 0066); and
one or more solar panels (solar collector 26) operatively connected to the thermoelectric device (38), the one or more solar panels (26) operable to provide solar power to the thermoelectric device (38) (¶¶ 0063, 0065, 0069);
a controller operatively connected to the thermoelectric device (control panel/user interface 41) (¶¶ 0012, 0066, 0071) is operable to switch the thermoelectric device between an ON state and an OFF state;
wherein: the thermoelectric device is operable to receive forced air convection to maintain a temperature within the receptacle surrounded by the first insulating layer when the thermoelectric device is in the ON state (interior and exterior heat sinks 35, 36; interior and exterior fans 23, 24; interior and exterior vents 39, 40) (¶¶ 0069-0070; Abstract).
McGann does not explicitly teach that the controller is operable to switch the thermoelectric device between the ON state and the OFF state by determining a maximum working point (MWP) of the thermoelectric device based on a maximum power point (MPP) of the one or more solar panels, wherein the ON state of the thermoelectric device is maintained up to the MWP.
However, Ewert teaches a solar-powered refrigeration system comprising a photovoltaic panel (102) coupled to a variable-speed cooling load (compressor 108) by a power bus (103), and a load controller (106) that senses the DC voltage on the power bus at regular intervals to locate the maximum power point of the photovoltaic panel by an iterative search process (¶¶ 0024, 0036-0037; Figs. 3-5), and that regulates the operating speed of the cooling load so as to "regulate the compressor speed to run the compressor at a substantially maximum available power" (claim 7), thereby determining a maximum working point of the cooling load based on the determined maximum power point of the panel and running the cooling load in an active, ON state up to that determined working point (¶ 0028; Abstract). Ewert additionally claims this load-control technique in generic terms, reciting a controller that adjusts a speed control signal to "maximize usage of the electrical power from the power source" for a "variable speed motor" powered by a DC power source generally, without limitation to a vapor-compression compressor (claim 41).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the controller of McGann’s temperature control system to determine a maximum working point of the thermoelectric device based on a maximum power point of the one or more solar panels, maintaining the ON state of the thermoelectric device up to the determined maximum working point, as taught by Ewert, in order to effectively maximize the power extracted from the solar panel and convert substantially all of the available solar power into useful cooling capacity, rather than under-driving or over-driving the cooling load.
The cooling load in Ewert’s system is a compressor, rather than a thermoelectric device. However, Levinson teaches a thermoelectric module (34) that receives electric power directly from a solar cell (44) through leads (46a, 46b) (col. 4, l. 60 - col. 5, l. 1), such that any change in the electrical power supplied by the solar cell produces a corresponding change in the cooling output of the thermoelectric module, providing "a self-regulating response ... in dependence on the intensity of incident solar irradiation" (col. 5, ll. 1-6).
One of ordinary skill in the art would have had a reasonable expectation of success in applying Ewert’s maximum-power-point-based load-matching control technique to the thermoelectric device of McGann, notwithstanding that Ewert’s own cooling load is a compressor, because Levinson establishes that a thermoelectric cooling device’s output, like a compressor’s, varies in a direct and predictable manner with the electrical power delivered to it (Levinson, col. 5, ll. 1-6), such that the same voltage-based technique Ewert uses to match a compressor’s operating point to available solar power would predictably operate to match a thermoelectric device’s operating point to available solar power in the same manner. See MPEP § 2143.02.
In regard to claim 20, McGann teaches the temperature control system of claim 17, further comprising one or more fans operatively connected to the thermoelectric device, the one or more fans operable to provide the forced air convection (interior and exterior fans 23, 24) (¶¶ 0061, 0069-0070; Figs. 10-11).
Claims 3, 4, 13, 14, 18, and 19 are rejected under 35 U.S.C. § 103 as being unpatentable over McGann in view of Ewert, further in view of Levinson, as applied to claims 2, 12, and 17 above, and further in view of Arndt (US 2018/0274806 A1).
In regard to claim 3, the modified McGann teaches the temperature control system of claim 2, including the power connector (McGann, power cords 32) (¶¶ 0067, 0069), but does not teach that the temperature control system is operable to switch to a grid power source connected to the power connector.
However, Arndt teaches a solar power air conditioning device comprising a cooling module that "is powered by the detachable solar power storage module, and can as a backup be supported with power from the grid in case of insufficient sunlight or energy stored in the solar power storage module," wherein "[t]he power is drawn as AC current from the grid socket through an AC/DC converter (12) into the solar power storage module" and "a switch (13) will swap between PV-panel/battery and grid power, according to the current voltage of the battery unit (2)" (¶ 0140).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature control system of McGann, as modified by Levinson and Ewert, to include a grid power source switchably connected to the power connector, as taught by Arndt, in order to "provide extra flexibility when grid connection is a possibility, allowing the system to provide power even after the battery unit (2) is empty" (Arndt ¶ 0140). One of ordinary skill would have been motivated to make this modification because McGann already discloses a power connector for supplying power to the thermoelectric device (McGann ¶¶ 0067, 0069), and Arndt demonstrates that switchably connecting a grid power source as a backup to such a connector was a known, routine engineering expedient for improving the reliability of a solar-powered cooling system. See KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007); MPEP § 2143(I)(x).
In regard to claim 4, the modified McGann teaches in view of Arndt teaches the temperature control system of claim 3, wherein Arndt further teaches that the temperature control system is configured to prioritize the solar power, as Arndt’s battery unit "is only used as a backup if the load requirement is higher than the actual PV panel production" (¶ 0079), and the grid power source of Arndt is likewise used only "in case of insufficient sunlight or energy stored in the solar power storage module" (¶ 0140).
In regard to claim 13, the modified McGann teaches the temperature control system of claim 12, including the power connector (McGann, power cords 32) (¶¶ 0067, 0069), but does not teach that the temperature control system is operable to switch to a grid power source connected to the power connector.
However, Arndt teaches a solar power air conditioning device comprising a cooling module that "is powered by the detachable solar power storage module, and can as a backup be supported with power from the grid in case of insufficient sunlight or energy stored in the solar power storage module," wherein "[t]he power is drawn as AC current from the grid socket through an AC/DC converter (12) into the solar power storage module" and "a switch (13) will swap between PV-panel/battery and grid power, according to the current voltage of the battery unit (2)" (¶ 0140).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature control system of McGann, as modified by Levinson and Ewert, to include a grid power source switchably connected to the power connector, as taught by Arndt, in order to "provide extra flexibility when grid connection is a possibility, allowing the system to provide power even after the battery unit (2) is empty" (Arndt ¶ 0140). One of ordinary skill would have been motivated to make this modification because McGann already discloses a power connector for supplying power to the thermoelectric device (McGann ¶¶ 0067, 0069), and Arndt demonstrates that switchably connecting a grid power source as a backup to such a connector was a known, routine engineering expedient for improving the reliability of a solar-powered cooling system. See MPEP § 2143(I)(x).
In regard to claim 14, the modified McGann teaches the temperature control system of claim 13, wherein Arndt further teaches that the temperature control system is configured to prioritize the solar power (¶¶ 0079, 0140).
In regard to claim 18, the modified McGann teaches the temperature control system of claim 17, and McGann further teaches a power connector operatively connected to the thermoelectric device (power cords 32) (¶¶ 0067, 0069), but the combination does not teach that the thermoelectric device is operable to switch to a grid power source connected to the power connector.
However, Arndt teaches a solar power air conditioning device comprising a cooling module that "is powered by the detachable solar power storage module, and can as a backup be supported with power from the grid in case of insufficient sunlight or energy stored in the solar power storage module," wherein "[t]he power is drawn as AC current from the grid socket through an AC/DC converter (12) into the solar power storage module" and "a switch (13) will swap between PV-panel/battery and grid power, according to the current voltage of the battery unit (2)" (¶ 0140).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature control system of McGann, as modified by Levinson and Ewert, to include a grid power source switchably connected to the power connector, as taught by Arndt, in order to "provide extra flexibility when grid connection is a possibility, allowing the system to provide power even after the battery unit (2) is empty" (Arndt ¶ 0140).
In regard to claim 19, the modified McGann teaches the temperature control system of claim 18, wherein Arndt further teaches that the temperature control system is configured to prioritize the solar power (¶¶ 0079, 0140).
Claims 7, 8, and 9 are rejected under 35 U.S.C. § 103 as being unpatentable over McGann in view of Ewert, further in view of Levinson, as applied to claim 1 above, and further in view of Kitagawa (US 6,293,107 B1).
In regard to claim 7, the modified McGann teaches the temperature control system of claim 1, but does not explicitly teach that the second insulating layer includes a chilled liquid tube operable to be filled with a liquid, or that the thermoelectric device is operable to adjust a temperature of the liquid.
However, Kitagawa teaches a thermoelectric refrigeration system comprising a chilled liquid tube (second heat exchanging portion 26b) operable to be filled with a liquid coolant and disposed within an insulating layer, wherein a thermoelectric module (Peltier element 25) is operable to adjust a temperature of the liquid via the cold side of the module (col. 4, line 3-65; Figs. 1, 6-8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature control system of McGann, as modified by Levinson and Ewert, to incorporate a chilled liquid tube within the second insulating layer, as taught by Kitagawa, in order to allow liquid cooling as an alternative to, or supplement of, air convection cooling.
In regard to claim 8, the modified McGann in view of Kitagawa teaches the temperature control system of claim 7, wherein Kitagawa further discloses a heat exchanger (20) including a pump (14a, 14b), the pump operable to pump the liquid through the thermoelectric device (25) and the chilled liquid tube (piping 32a to 32i), wherein the pump is further operable to pump the liquid into a reservoir when the thermoelectric device is in the OFF state to void the liquid from the chilled liquid tube (Figs. 1-8; col. 4, line 3-65).
In regard to claim 9, the modified McGann in view of Kitagawa teaches the temperature control system of claim 7, wherein Kitagawa further discloses a hot side of the thermoelectric device (25) including a first heat sink (26a), and a cold side of the thermoelectric device including a second heat sink (26b), wherein the first heat sink and the second heat sink are operable to cool the liquid (Figs. 1-8; col. 4, line 3-65).
Response to Arguments
Applicant’s arguments with respect to the amended claims have been considered but are moot in view of the new ground of rejection set forth above, which relies on Ewert (US 2002/0023450 A1).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/W.M/Examiner, Art Unit 3763
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763
Prosecution Insights