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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been received.
Information Disclosure Statement
The information disclosure statements (IDSes) submitted on 10/17/2024 and 07/21/2026 are being considered by the examiner.
Drawings
The drawings are objected to because each of the Figures is labeled twice (e.g., “[Fig. 1]” and “Fig. 1”). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – 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.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim 1 recites “a temperature changer” which is a generic placeholder for “means” followed by the functional language “used for cooling at least a body surface of a user.” A review of the specification shows that the structure Peltier element 11 performs the claimed function. Accordingly, “temperature changer” is interpreted as “Peltier element 11” and equivalents.
Claim 1, “temperature control unit” which is a generic placeholder for “means” followed by the functional language “that controls, based on the environment temperature, an element temperature that is temperature of the temperature changer.” A review of the specification shows that the structure circuit board 15 performs the claimed function (see par. [0043], circuit board 15 includes temperature control unit 64). Accordingly, “temperature control unit” is interpreted as “circuit board 15 with temperature control unit 64” and equivalents.
Claim 4 recites “heat dissipation member” which is a generic placeholder for “means” followed by the functional language “used for heat dissipation of the temperature changer.” A review of the specification shows that the structure is a “foil” that performs the claimed function (see par. [0020]). Accordingly, “heat dissipation member” is interpreted as a “foil” and equivalents.
Claim 8 recites “device state estimation unit” which is a generic placeholder for “means” followed by the functional language “that estimates presence or absence of wearing by the user.” A review of the specification shows that the structure circuit board 15 performs the claimed function (see par. [0043], circuit board 15 includes device state estimation unit 62). Accordingly, “device state estimation unit” is interpreted as “circuit board 15 with device state estimation unit 62” and equivalents.
Claim 8 recites “device state control unit” which is a generic placeholder for “means” followed by the functional language “that controls, based on the presence or absence of wearing by the user, at least one of a start and a stop of a cooling operation by the temperature changer.” A review of the specification shows that the structure circuit board 15 performs the claimed function (see par. [0043], circuit board 15 includes device state control unit 63). Accordingly, “device state control unit” is interpreted as “circuit board 15 with device state control unit 63” and equivalents.
Claim 13 recites “user state estimation unit” which is a generic placeholder for “means” followed by the functional language “that estimates a state of the user, wherein the temperature control unit adjusts the element temperature further based on the state of the user.” A review of the specification shows that the structure circuit board 15 performs the claimed function (see par. [0043], circuit board 15 includes user state estimation unit 61). Accordingly, “user state estimation unit” is interpreted as “circuit board 15 with user state estimation unit 61” and equivalents.
Claim 18 recites “heat dissipation member” which is a generic placeholder for “means” followed by the functional language “used for heat dissipation of the temperature changer.” A review of the specification shows that the structure is a “foil” that performs the claimed function (see par. [0020]). Accordingly, “heat dissipation member” is interpreted as a “foil” and equivalents.
Claim 20 recites “temperature control device” which is a generic placeholder for “means” followed by the functional language “measuring an environment temperature that is temperature of a surrounding environment; and controlling, based on the environment temperature, an element temperature ….” A review of the specification shows that the structure temperature control device 1 (e.g., see Fig. 1) performs the claimed function. Accordingly, “temperature changer” is interpreted as “temperature control device 1” and equivalents.
Claim 20 recites “temperature changer” which is a generic placeholder for “means” followed by the functional language “used for cooling at least a body surface of a user.” A review of the specification shows that the structure Peltier element 11 performs the claimed function. Accordingly, “temperature changer” is interpreted as “Peltier element 11” and equivalents.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 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.
Claim 7 is 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 7 recites “wherein a width of raising the element temperature is larger than a width of lowering the element temperature.” It is unclear and thus indefinite as to what “a width of raising the element temperature” and “a width of lowering the element temperature” means. Appropriate correction and/or explanation is required. Applicant may wish to clarify what the “widths” are in reference to (e.g., amount of temperature increase/decrease of the element temperature).
Claim 16 is 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 16, which depends on claim 15, recites “a predetermined time.” However, claim 15 also recites “a predetermined time.” It is unclear and thus indefinite as to whether the two predetermined times are the same or different. If different, the examiner suggests “a second predetermined time” or if same then “the predetermined time.” Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-6, 8-14, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by International Publication No. WO2020/066564 to Ito et al. (“Ito”). Please note that citations are to corresponding U.S. Patent Application Publication No. 2021/0321682. Ito was submitted by Applicant in the IDS of 10/17/2024.
Regarding claim 1:
A temperature control device (Ito discloses a temperature control device 1. Ito at pars. [0042]-[0043] and Figs. 1-3.) comprising:
an environment sensor that measures an environment temperature that is temperature of a surrounding environment (Ito discloses an environment sensor 21S. Ito at pars. [0046] and [0054] and Fig. 2.);
a temperature changer used for cooling at least a body surface of a user (Ito discloses a Peltier element 11. Ito at pars. [0046]-[0049] and pars. [0086]-[0087] and Figs. 2-3, and 15A-B.); and
a temperature control unit that controls, based on the environment temperature, an element temperature that is temperature of the temperature changer (Ito discloses that controller Cr performs temperature control based on the environment sensor 21S. Ito at par. [0075] and Fig. 11.).
Regarding claim 2: The temperature control device according to claim 1,
wherein the temperature control unit adjusts a target temperature based on the environment temperature and controls the element temperature based on the target temperature (Ito discloses that the user sets the temperature (“target temperature”) that, among other inputs, is used by the controller Cr when performing temperature control. Ito at pars. [0062], [0065], [0070], [0072]. and [0077]-[0078].).
Regarding claim 3: The temperature control device according to claim 2, further comprising
a heat absorbing surface sensor that measures a heat absorbing surface temperature that is temperature of a heat absorbing surface of the temperature changer (Ito discloses a Peltier element sensor 11S that measures the temperature on the hear absorption side of the Peltier element 11. Ito at pars. [0048] and [0079].),
wherein when a difference between the heat absorbing surface temperature and the target temperature is larger than a predetermined range, the temperature control unit lowers the element temperature when the heat absorbing surface temperature is higher than the target temperature and raises the element temperature when the heat absorbing surface temperature is lower than the target temperature (Ito discloses that controller Cr adjusts the current flowing to Peltier element 11 until the temperature of the Peltier element 11 reaches a desired temperature. Ito at pars. [0078]-[0080].).
Regarding claim 4: The temperature control device according to claim 3, comprising:
a heat dissipation member used for heat dissipation of the temperature changer (Ito discloses a heat dissipation member 12. Ito at pars. [0049] and [0079].); and
a heat dissipation member sensor that measures a heat dissipation member temperature that is temperature of the heat dissipation member (Ito discloses a heat dissipation member sensor 12S. Ito at pars. [0050] and [0079].),
wherein the temperature control unit raises the element temperature when the heat dissipation member temperature is equal to or higher than a predetermined threshold (Ito discloses that controller Cr adjusts the current flowing to Peltier element 11 until the temperature of the Peltier element 11 reaches a desired temperature. Ito at pars. [0078]-[0080.]).
Regarding claim 5: The temperature control device according to claim 2,
wherein the temperature control unit sets an initial value of the target temperature based on a user setting (Ito discloses that the user sets the temperature. Ito at pars. [0065] and [0084].).
Regarding claim 6: The temperature control device according to claim 1,
wherein the temperature control unit raises the element temperature when the environment temperature is lower than a predetermined range and lowers the element temperature when the environment temperature is higher than the predetermined range (Ito discloses that, when moving from a higher temperature area to a lower temperature area (“environment temperature is lower than a predetermined range”), the temperature of the Peltier element 11 is raised. Ito at pars. [0078] to [0082] and Fig. 13 (see movement from outside at 32 deg. C. to the train at 25 deg. C.). Ito also discloses that, when moving from a lower temperature area to a higher temperature are (“environment temperature is higher than the predetermined range”), the temperature of the Peltier element 11 is lowered. Ito at pars. [0078] to [0082] and Fig. 13 (see movement from room at 25 deg. C. to outside at 32 deg. C.)
Regarding claim 8: The temperature control device according to claim 1, comprising:
a device state estimation unit that estimates presence or absence of wearing by the user (Ito discloses that the controller Cr is configured to determine whether the user is wearing the temperature control device. Ito at pars. [0071]-[0074].); and
a device state control unit that controls, based on the presence or absence of wearing by the user, at least one of a start and a stop of a cooling operation by the temperature changer (Ito discloses performing temperature control after determining whether the user is wearing the temperature control device. Ito at pars. [0074]-[0077].).
Regarding claim 9: The temperature control device according to claim 8,
wherein the device state control unit controls the start of the cooling operation further based on at least one of the environment temperature and a change rate of the environment temperature (Ito discloses controlling the temperature based on the environment temperature. Ito at par. [0075].).
Regarding claim 10: The temperature control device according to claim 9, further comprising
a body surface sensor that measures a body surface temperature that is temperature of the body surface, wherein the device state control unit controls the start of the cooling operation further based on at least one of the body surface temperature and a change rate of the body surface temperature (Ito discloses temperature control that is based on the temperature measured by the body surface temperature sensor 10S. Ito at pars. [0074].).
Regarding claim 11: The temperature control device according to claim 8,
wherein the device state estimation unit further estimates a posture of the temperature control device (A broad but reasonable interpretation of “posture of the temperature control device” is position of the temperature control device. Ito discloses a body surface sensor 10S that measures temperature and humidity of the user. Ito at pars. [0070]-[0071]. The body surface sensor 10S will indicate that the temperature control device is positioned on the user (“posture of the temperature control device”).), and
the device state control unit controls the stop of the cooling operation further based on the posture of the temperature control device (Ito discloses that, if the user is not wearing the temperature control device, the “controller Cr refrains from driving the temperature changeable section TV.” Ito at par. [0071].).
Regarding claim 12: The temperature control device according to claim 11,
wherein the device state estimation unit estimates the presence or absence of wearing by the user based on the posture of the temperature control device (Ito discloses a body surface sensor 10S that measures temperature and humidity of the user. Ito at pars. [0070]-[0071]. The body surface sensor 10S will indicate that the temperature control device is positioned on the user (“posture of the temperature control device”).).
Regarding claim 13: The temperature control device according to claim 1, further comprising
a user state estimation unit that estimates a state of the user, wherein the temperature control unit adjusts the element temperature further based on the state of the user ( Ito discloses an acceleration sensor SA for predicting the state of the user (e.g., walking state), which can then trigger the controller Cr to determine whether it is necessary to perform temperature control. Ito at pars. [0063], [0070], and [0074] and Fig. 6.).
Regarding claim 14:The temperature control device according to claim 13,
wherein the user state estimation unit estimates at least one of a behavior and an activity amount of the user, and the temperature control unit adjusts the element temperature based on at least one of the behavior and the activity amount of the user ( Ito discloses a state of the user can be walking (“behavior” and/or “an activity amount”), which can then trigger the controller Cr to determine whether it is necessary to perform temperature control. Ito at pars. [0063], [0070], and [0074] and Fig. 6.).
Regarding claim 17: The temperature control device according to claim 1,
wherein the temperature changer is further used for warming the body surface (Ito at par. [0088] and Fig. 16.).
Regarding claim 18: The temperature control device according to claim 1, further comprising:
a heat dissipation member used for heat dissipation of the temperature changer; and a fan that performs ventilation of surroundings of the heat dissipation member (Ito discloses a heat dissipation member 12 and a fan 13. Ito at pars. [0049]-[0051].
Regarding claim 19: The temperature control device according to claim 1,
wherein the environment temperature is temperature inside clothing of the user (Ito discloses that the environment sensor 21S measures the temperature between the body surface and the garment. Ito at par. [0054].).
Regarding claim 20:
A temperature control method comprising a temperature control device (Ito discloses a method of controlling a temperature using temperature control device 1. Ito at Figs. 2-3, 6, and 9.):
measuring an environment temperature that is temperature of a surrounding environment (Ito discloses measuring an environment temperature using an environment sensor 21S. Ito at pars. [0046] and [0054] and Figs. 2 and 9.); and
controlling, based on the environment temperature, an element temperature that is temperature of a temperature changer used for cooling at least a body surface of a user (Ito discloses that controller Cr performs temperature control based on the environment sensor 21S. Ito at par. [0075] and Figs. 9 and 11.).
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.
Claims 7, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ito in view of U.S. Patent Application Publication No. 2020/0352777 to Smith et al. (“Smith”).
Regarding claim 7: The temperature control device according to claim 6,
wherein a width of raising the element temperature is larger than a width of lowering the element temperature (Ito does not explicitly disclose the claimed relationship regarding the temperature widths of the temperature element. However, in a same field of endeavor, dissipating thermal loads in wearable devices (and thus analogous art), Smith discloses a continuous mode of operation of a thermal adjustment device in which the temperature of the heatsink THS1 is raised to a temperature TTH1 and then lowered to a temperature TTH2. Smith at pars. [0055]-[0058] and Figs. 4-5. As seen in Fig. 4, the temperature rise to TTH1 from an initial temperature (“width of raising the element temperature”) is larger than the lowering of the temperature from TTH1 to TTH2 (“width of lowering the element temperature”). It would have been obvious and one skilled in the art would have been motivated to incorporate the thermal adjustment device operation as disclosed in Figs. 4 and 5 of Smith in order to “continuously operate a thermal adjustment device to deliver a magnitude of thermal stimulation, e.g. temperature change from initial skin temperature, that an associated heatsink, or other heat dissipation system, is unable to dissipate on a continuous basis.” See Smith at par. [0055]. Because both Smith and Ito relate to control of thermal adjustment devices, there would have been a reasonable chance of success. See MPEP at 2143.I.G.).
Regarding claim 15: The temperature control device according to claim 14,
wherein, when a predetermined behavior of the user has lasted for a predetermined time or longer, the temperature control unit lowers the element temperature after the predetermined behavior has stopped (Ito does not explicitly disclose the claimed lowering of the temperature element. However, in a same field of endeavor, dissipating thermal loads in wearable devices (and thus analogous art), Smith discloses operation of a thermal adjustment device between a normal mode of operation (“predetermined behavior”) and a heat dissipation mode of operation. Smith At pars. [0055]-[0058] and Figs. 4-5. As disclosed in Smith, after the normal operation corresponding to period A in Fig. 4 and steps 200, 202 in Fig. 5 (“predetermined behavior has stopped”), the temperature of the heat sink of the thermal adjustment device is lowered (“lowers the element temperature”) from TTH1 corresponding to period B in Fig. 4 and steps 204, 206 in Fig. 5. It would have been obvious and one skilled in the art would have been motivated to incorporate the thermal adjustment device operation as disclosed in Figs. 4 and 5 of Smith in order to “continuously operate a thermal adjustment device to deliver a magnitude of thermal stimulation, e.g. temperature change from initial skin temperature, that an associated heatsink, or other heat dissipation system, is unable to dissipate on a continuous basis.” See Smith at par. [0055]. Because both Smith and Ito relate to control of thermal adjustment devices, there would have been a reasonable chance of success. See MPEP at 2143.I.G.).
Regarding claim 16: The temperature control device according to claim 15,
wherein the temperature control unit lowers the element temperature for a predetermined time after the predetermined behavior has stopped (As seen in Fig. 4 of Smith, the temperature is lowered for a predetermined time (periods B and C).).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Application Publication No. 2017/0095367 to Mario Lini discloses determining whether a user is wearing a device based on a sensor on the device.
U.S. Patent Application No. U.S. 2023/0383973 to Marc Evan Richelsoph discloses an apparel temperature control system.
U.S. Patent Application No. U.S. 2018/0042761 to Smith et al. discloses a wearable device for adjusting the temperature at the surface of a user’s skin.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BHASKAR KAKARLA whose telephone number is (571)272-8221. The examiner can normally be reached Mon-Thurs.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth M. Lo can be reached at 571-272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/B.K./Examiner, Art Unit 2116
/KENNETH M LO/Supervisory Patent Examiner, Art Unit 2116
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