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 .
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 5 and 9-10 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 5 recites the limitation "the inner circulation pipe” in 5. There is insufficient antecedent basis for this limitation in the claim. For purpose of compact prosecution, the Examiner is interpreting this term to be –the internal circulation pipe--.
Claim 9 recites the limitation "the plurality of air valve are” in line 2-3. There is insufficient antecedent basis for this limitation in the claim. For purpose of compact prosecution, the Examiner is interpreting this term to be –each of the one air valve being--.
Regarding claim 10, in light of the rejection of claim 9 as per above, the language in claim 10 is also interpreted to be –wherein each one air valve is provided on the carrier--.
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.
Claims 1-6 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lowe US 2020/0000628.
Regarding claim 1, Lowe discloses a cold and hot compress device 20,1000 (compress of the body via therapy wrap 20 [0006,0063, 0081), comprising a carrier 20 and a main machine 1000 (figs. 1A-4B), wherein a cooling and heating assembly T (see annotated fig. 6A and figs. 6-9A) and a circulation assembly W are provided in the main machine 1000, and the cooling and heating assembly T comprises a compressor C, a heat exchanger BPHX (BPHX shown in fig. 6, a Brazed Plate Heat Exchanger (BPHX) is known in the art as a highly compact, gasket-free unit designed to efficiently transfer thermal energy between two fluids [e.g., water, glycol, or refrigerant] without allowing them to mix) and a throttling element 6004 (TEC, expansion valve [0147]), wherein the compressor C, the heat exchanger BPHX and the throttling element 6004,TEV are in communication (see annotated fig. 6B), and the circulation assembly W comprises a storage tank ST (hot tank/cold tank), a pumping device P (fig. 6 shows schematic symbols for centrifugal pumps) and a delivery pipe (B, delivery pipe includes the lines coming out of the tanks that ultimately deliver fluid to the carrier 20 via channels and pipes), wherein the pumping device is connected to the storage tank ST and the carrier 20 via the delivery pipe B, and the delivery pipe B exchanges heat with the cooling and heating assembly W (delivery pipe delivers and returns hot and cold fluids from the carrier, [0115-0201]).
Regarding claim 2, Lowe discloses a heat dissipation assembly R, Fan is provided within the main machine 1000 via T, the heat dissipation assembly R,Fan comprises a radiator (cond coil which is a condenser coil that acts a radiator which remove heat from a fluid and release into the surrounding, see annotated fig. 6B) and a heat dissipation fan (Fan), one side of the main machine 1000 is provided with the radiator R, and one side of the radiator is provided with the heat dissipation fan Fan (see fig. 6B).
Regarding claim 3, Lowe discloses the storage tank ST comprises a first tank (hot) and a second (cold) tank, the first tank is in communication with the second tank via 6500 (fig. 6), and the second tank is in communication with the pumping device and the carrier (cold tank is in communication with pump P, fig. 6).
Regarding claim 4, Lowe discloses the cooling and heating assembly T further comprises a heating element 8006 configured for heating a medium in the delivery pipe (the heating element 8006 being connected to cooling and heating assembly T via W and the user temperature control panel, may be construed as part of the heating/cooling assembly due to its function and warms the water that will flow through the delivery pipe B, please note that figs 6, 7, and 8A,8B shows that the hot water tank includes the heater [0147,0162]).
Regarding claim 5, Lowe discloses a channel of the delivery pipe B comprises an internal circulation pipe B3, a first circulation pipe B1 and a second circulation pipe B2 (see annotated fig. 6B), the internal circulation pipe B is provided in the main machine 1000, and the carrier 20 (carrier 20 includes bladder 25 that is inherently connected to the internal circulation pipe B forming at least one internal circulation pipe within the carrier 20), the pumping device P and the storage tank ST are all connected via the internal circulation pipe B, and the first circulation pipe B1 and the second circulation pipe B2 connect the inner circulation pipe B and the carrier 20 (annotated fig. 6B, fig. 8A).
Regarding claim 6, Lowe further discloses wherein the delivery pipe B further comprises a communication pipe G (G which includes the dark colored connection), an air pump [0121,0124-0125, 0138,0139,0140,0147 which evidences inherent air/gas pump see annotated fig. 6A) is provided in the main machine 1000, having one end connected with an air valve, and an expansion layer 28 (gas bladder) is provided on the carrier 20, and the air pump, the air valve and the expansion layer 28 of the carrier 20 are all connected via the communication pipe G (see annotated fig. 6A).
Regarding claim 11, Lowe discloses the carrier 20 comprises a body 20 for integrally wrapping legs, shoulders, a waist, arms, an upper body or a whole body and a connecting structure via B,G,25,28, and the body 20 is provided with the connecting structure B,G,25,28 (the inside bladders 25 and 28 are connected structures to machine 1000 (figs. 4A-4b).
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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 8 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Lowe US 2020/0000628 in view of Kloecker US 6315745.
Regarding claim 8, Lowe discloses the invention as discussed above.
Lowe does not explicitly disclose a mounting height of the first tank is higher than a mounting height of the second tank.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have repositioned the first tank by mounting the first tank to be higher than a mounting height of the second tank for the advantage of conserving space such that the machine could be made smaller in order to make the machine more compact and versatile. Also, given that Applicant has not placed any criticality on the mounting position of the first tank to be higher than the second tank (see written specification). Applicant is also reminded that shifting the position of first tank relative to the second tank would not have modified the operation of the Lowe device (see In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); Also, see In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Regarding claim 9, Lowe discloses the invention as discussed above.
Although Lowe appears to disclose the expansion layer comprises a plurality of expansion units 28, Lowe does not explicitly disclose the expansion layer comprises a plurality of expansion units, each of which is connected with one air valve; and each of the one air valve being connected with the air pump, wherein the air valves are provided on the carrier.
Kloecker teaches an analogous carrier 3,G (compression garment) having analogous expansion 5,8layer thereon, the expansion layer 5,8 comprises a plurality of expansion units 5,8 (segments 5,8 that can be individually inflated), each of which is connected with one air valve 10 (col. 10, lines 16-49, figs. 3-6), and each of the one air valve 10 are connected with an analogous air pump (col. 11, lines 13-23), for the purpose of inflating individual units, or it can be used for discharging and deflation air in order to aid in proper control of the amount of pressure applied or for easy removal of the carrier (col. 10, lines 16-46).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified the expansion unit 28 of Lowe to comprise a plurality of plurality of expansion units, each of which is connected with one air valve, and each of the one air valve being connected with the air pump as taught by Kloecker in order to have provided an improved carrier that can include segments that can be selectively inflated, or deflated in order to aid in proper control of the amount of pressure applied to the user or for easy removal of the carrier from the user (Kloecker, col. 10, lines 16-46).
Regarding claim 10, Lowe in view of Kloecker discloses the invention as discussed above. Lowe in view of Kloecker further discloses each one air valve 10 is provided on the analogous carrier 3,G (via 5,8, figs. 3-6, col. 10, lines 13-23) as taught by Kloecker.
Allowable Subject Matter
Claims 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sundar US 2023/0414444.
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/ALIREZA NIA/
Supervisory Patent Examiner, Art Unit 3786
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