DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election of Species 2, subspecies A, 3, F, J in reply filed on 7/13/26 without traverse is acknowledged. Claim(s) 2-10 is/are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species or subspecies, there being no allowable generic or linking claim. Note that claim 2 is not drawn to the elected species and subspecies because the elected species and subspecies only has one installation end face (see pg. pub. para. 43; of 117) and does not have a plurality of integrated end faces. Note that claim 5 is not drawn to the elected subspecies because the elected subspecies does not have the installation end connected to the installation area through integral injection molding and claims 3, 4, 6-10 are withdrawn for their dependence.
Examiner Request
The applicant is requested to provide line numbers to each claim in all future claim submissions to aide in examination and communication with the applicant about claim recitations. The applicant is thanked for aiding examination.
Drawings
The drawings, specification, and the claims are inconsistent with one another, so as to make determination of the claimed invention impossible. In addition to the specifically identified issues below, the applicant is directed to review the drawings carefully to ensure that all identifiers are accurately directed to the structures described in the specification.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because at least in figure 3, the reference character “113” is pointing at the same structure pointed at for element “111” in Fig. 4 and therefore both reference numbers have inappropriately been used to point toward the same structure, creating massive confusion. The fan (113) should be correctly identified in Fig. 3. 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because at least in figure 4, the reference character “107” is pointing at the same structure pointed at for element “104” in Fig. 2 and therefore both reference numbers have inappropriately been used to point toward the same structure, creating massive confusion. The first cover body (104) should be correctly identified in Fig. 4 and the first ring wall (107) should be correctly identified and pointed at. 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. 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.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the isolation area “115” in figure 5 as described in the specification. It is entirely inappropriate to fail to identify the claimed isolation area in the view of invention where the area can be ascertained and understood.
Likewise, the applicant is directed to review all of the drawings and add identifiers where possible to provide greater cohesion and understandability to the drawings.
For example, at least: reference numbers 107 and 108 should be identified in both Figures 1 and 2. Further, the installation plate (116) should be labeled in Fig. 4.
Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1-2, 11 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
In regard to claim 1, the recitation, “the first ring wall surrounds the first cover body” is new matter as the disclosure shows that the first cover body (104) is not surrounded by any portion of the second cover body (105) and particularly not surrounded by the first ring wall (107) of the second cover body (105).
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(s) 1-2, 11 is/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 pre-AIA the applicant regards as the invention.
In regard to claim 1, the recitation, “the first ring wall surrounds the first cover body” is entirely indefinite since the disclosure appears to show that the first cover body (104) is not surrounded by any portion of the second cover body (105) and particularly not surrounded by the first ring wall (107) of the second cover body (105). There is no way to determine what structure is required of the first ring wall relative to the first cover body since the drawings and the claims disagree and there is great confusion as to what structure is required of the claimed invention.
The recitation, “the installation plate comprises an installation area configured to connect the cold conduction device” is indefinites as it is not clear what is configured as recited - the installation plate or the installation area? Further it is not clear what is being connected to the cold conduction device.
In regard to claim 2, the recitation, “closely adhered” is indefinite as there is no way to determine what is sufficiently close to qualify.
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.
Claim limitation “heat conduction member” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification uses the term but never definitely states how the means plus function recitation must be interpreted and what structure is required of the term and what structures may be optional and are not necessarily required by the term. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “cold conduction device” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification uses the term but never definitely states how the means plus function recitation must be interpreted and what structure is required of the term and what structures may be optional and are not necessarily required by the term. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by He (CN 214065426). See the indefiniteness rejections and note that the prior art teaches the claimed features as far as can be interpreted. Further note the interpretation of the claim language as outlined in the rejection below.
In regard to claim 1, He teaches a medicine refrigeration cup (page 2 “refrigeration cup”; fully capable of holding medicine), comprising:
a cup body (1, 2) comprising a cup main body (1) with a medicine compartment (in 1) and a cup cover (2) configured to close the medicine compartment (in 1); the cup cover (2) comprises a first cover body (at least 254) and a second cover body (2 near 255); the second cover body (2 near 255) comprises an installation plate (255), a first ring wall (2 above 255) and a second ring wall (2 below 255) that are provided on two sides of the installation plate (255); the first cover body (at least 254) forms a heat dissipation chamber (therein below 254 at least), and the second ring wall (2 below 255) is detachably provided (see threads) on the cup main body (1), and
a refrigeration device (see identified structures below) comprising a semiconductor refrigeration chip (24) with a cold end face (bottom) and a hot end face (top), a cold conduction device (3, 31) configured to be extended into the medicine compartment (in 1), a heat conduction member (22), and a heat dissipation fan (23) provided in the heat dissipation chamber (chamber below 254);
wherein the heat conduction member (22) is connected to the hot end face (top), and the heat dissipation fan (23) is provided above the heat conduction member (22), wherein the installation plate (255) comprises an installation area (area thereof) configured to connect the cold conduction device (3, 31), and an isolation area (perimeter portion) configured to separate the second ring wall (2 below 255) from the cold conduction device (3, 31); the installation area (area thereof) is provided with an opening area (see Fig. 3; page 5) configured to connect the cold end face (top) with the cold conduction device (3, 31).
Claim(s) 1-2, 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wen (CN 205018719). See the indefiniteness rejections and note that the prior art teaches the claimed features as far as can be interpreted. Further note the interpretation of the claim language as outlined in the rejection below.
In regard to claim 1, Wen teaches a medicine refrigeration cup (page 3 “vacuum cup”; fully capable of holding medicine), comprising:
a cup body (10, 20) comprising a cup main body (10) with a medicine compartment (in 10) and a cup cover (20) configured to close the medicine compartment (in 10); the cup cover (20) comprises a first cover body (at least 401) and a second cover body (20 with 201); the second cover body (20 with 201) comprises an installation plate (60), a first ring wall (20 above 60) and a second ring wall (20 below 60) that are provided on two sides of the installation plate (60); the first cover body (at least 401) forms a heat dissipation chamber (therein below 401 at least), and the second ring wall (20 below 60) is detachably provided (see threads) on the cup main body (10), and
a refrigeration device (see identified structures below) comprising a semiconductor refrigeration chip (301) with a cold end face (bottom) and a hot end face (top), a cold conduction device (part of 302) configured to be extended into the medicine compartment (in 10), a heat conduction member (403), and a heat dissipation fan (402) provided in the heat dissipation chamber (chamber below 401);
wherein the heat conduction member (403) is connected to the hot end face (top), and the heat dissipation fan (402) is provided above the heat conduction member (403), wherein the installation plate (60) comprises an installation area (area thereof) configured to connect the cold conduction device (part of 302), and an isolation area (perimeter portion) configured to separate the second ring wall (20 below 60) from the cold conduction device (part of 302); the installation area (area thereof) is provided with an opening area (see Fig. 6) configured to connect the cold end face (top) with the cold conduction device (302).
In regard to claim 11, Wen teaches that the second cover body (2 near 255) further comprises an inner ring wall (302) extending downward from the isolation area (space between 302 and 20, the inner ring wall (302) is coaxially arranged with the second ring wall (2 below 60) and surrounds to form an isolation groove (groove for 50);
the cup main body (102) comprises a cup mouth (opening) with external threads (see fig. 6 at least), an inner surface (inside surface) of the second ring wall (2 below 60) is provided with internal threads (see fig. 4);
the cup mouth (opening of 102) is configured to be extended into the isolation groove (groove for 50, 304) and threaded connect with the second ring wall (2 below 60); and
the isolation groove (groove for 50) is configured to provide with a sealing ring (50 or 304).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN F PETTITT whose telephone number is (571)272-0771. The examiner can normally be reached on M-F, 9-5p. 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): http://www.uspto.gov/interviewpractice. The examiner’s supervisor, Frantz Jules can be reached on 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN F PETTITT, III/Primary Examiner, Art Unit 3763
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