Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/12/2026 has been entered.
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 25, 32 and 34 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.
In claim 25, the limitation “wherein one portion of each of the plurality of heat conducting strips is cross connected to form the heat conducting mesh and another portion of each of the heat conducting strips extends to an edge of the connection portion to ensure the connection portion transmit heat in an even manner” is unclear since claim 23 already recites that the plurality of heat conducting strips are provided on the contact surface and cross-connected with each other to form a heat conducting mesh, not that one portion of each of the plurality of the heat conducting strips is cross connected and another portion of each of the heat conducting strips extends to an edge of the connection portion to ensure the connection portion transmit heat in an even manner.
Claim 32 recites the limitation "the connection element" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 34 is rejected due to its dependency from claim 25.
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 21, 22, 29, 30 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over ZHAO (CN 203735515) in view of XU (CN 204501192).
Regarding claim 21, ZHAO teaches a heating shawl (Fig. 1) for a neck, two shoulders and a back of a human body (this limitation is considered intended use, therefore, little or no patentable weight is given) (abstract; as shown in Fig. 2), comprising: a shawl body (1), including a first portion (12 and draping portion attached to 12; as shown in Fig. 1 below) configured to fit the shoulders and the back of the human body (as shown in Fig. 2-3) and a second portion (curved center neck portion of the shawl body 1; as shown in Fig. 1 below) configured to fit the neck of the human body (as shown in Fig. 2-3), wherein the first portion and the second portion form a contact surface, opposite to an outer side surface of the shawl body, configured to contact with the neck, the two shoulders and the back of the human body (as shown in Fig. 1-3), wherein the first portion is wider than the second portion for covering and wrapping the two shoulders of the human body while the second portion surrounds the neck of the human body (as shown in Fig. 2), wherein the second portion includes a bending portion (as shown in Fig. 1 below) and is integrally connected with the first portion through the bending portion (as shown in Fig. 1 below) in such a manner that the first portion and the second portion is bent relative to each other through the bending portion (as shown in Fig. 2), thereby allowing a movement of the neck of the human body by bending the first portion and the second portion relative to each other so as to ensure the second portion following the movement of the neck of the human body to fit the neck of the human body (as shown in Fig. 2), wherein the first portion includes a draping portion (as shown in Fig. 1 below) and two shoulder portions extending from the draping portion (as shown in Fig. 1 below), wherein the draping portion is configured to fit the back and the two shoulders of the human body and the shoulder portions are configured to fit the two shoulders in front of the human body (as shown in Fig. 2-3); a heating element (2) provided with the contact surface and configured to transmit heat to the neck, the shoulder and the back of the human body through the contact surface of the first portion and the second portion of the shawl body (para. 0031-0034; as shown in Fig. 1-3); a power supply interface provided with the first portion and electrically connected to the heating element (inherently present to provide power to the heating element 2 located in the first portion; para. 0002).
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ZHAO fails to disclose a counterweight structure, arranged at an outer edge of the first portion, including a connection portion with a hollow center and a counterweight filled in the connection portion causing the outer edge of the first portion to droop downward under gravity so as to ensure the contact surface of the first portion and the second portion fitting to the two shoulders, the back and the neck of the human body respectively, wherein the counterweight of the heating shawl is further balanced by the draping portion and the two shoulder portions of the first portion.
XU teaches a neck shoulder therapy blanket (Fig. 1-3) comprising a counterweight structure (15), arranged at an outer edge of a first portion (outer edge of 13; as shown in Fig. 1-3), including a connection portion with a hollow center and a counterweight filled in the connection portion (para. 0011-0012; 0024; as shown in Fig. 1-3) causing the outer edge of the first portion to droop downward under gravity so as to ensure the contact surface of the first portion and the second portion fitting to the two shoulders, the back and the neck of the human body respectively (result of teaching the claimed structure), wherein the counterweight of the heating shawl is further balanced by the draping portion and the two shoulder portions of the first portion (as shown in Fig. 1-3).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating shawl of ZHAO, with XU, by providing a counterweight structure as claimed, in order to make the shawl body fit the shoulders better (para. 0011). POSITA would have known that providing a counterweight structure in the shawl body would have a reasonable expectation of success and predictable results such as assuring the heating shawl remains in place and has a closer contact with the human body.
Regarding claim 22, ZHAO and XU combined teach the heating shawl, as recited in claim 21, wherein the heating element is arranged inside the shawl body and provided with the contact surface (ZHAO; as shown in Fig. 1-3) and comprises at least a resistance wire (ZHAO; 2) which is capable of bending arbitrarily and heated continuously and stably to maintain a stable temperature of the shawl body (ZHAO; para. 0031-0034).
Regarding claim 29, ZHAO and XU combined teach the heating shawl, as recited in claim 21, wherein the heating element includes at least one heat conducting member provided on the contact surface which is a heat conducting spacer made of a carbon fiber (ZHAO; para. 0005; 0033).
Regarding claim 30, ZHAO and XU combined teach the heating shawl, as recited in claim 21, wherein the counterweight comprises particulate matters in predetermined shape and evenly distributed in the connection portion (XU; para. 0024; as shown in Fig. 2).
Regarding claim 32, ZHAO and XU combined teach the heating shawl, as recited in claim 21, wherein the connection element (XU; 14) is a magnetic member having a N pole and an S pole, wherein the N pole and the S pole are attracted together to connect two shoulder portions of the first portion (XU; para. 0010; 0024).
Claim 23-27 are rejected under 35 U.S.C. 103 as being unpatentable over ZHAO and XU as set forth above, further in view of LIU (CN 110708772).
Regarding claim 23, ZHAO and XU combined teach all the elements of the claimed invention as set forth above in claim 21, except for, wherein the heating element includes a plurality of heat conducting strips which are provided on the contact surface and cross-connected with each other to form a heat conducting mesh.
LIU teaches an elastic graphene heating sheet (Fig. 1) wherein the heating element (1) includes a plurality of heat conducting strips (para. 0012-0013; 0021; as shown in Fig. 1) which are provided on the contact surface and cross-connected with each other to form a heat conducting mesh (as shown in Fig. 1).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating element of ZHAO and XU, with LIU, by providing a graphite conductive cloth comprising heat conducting strips as the heating element, for the advantages of high thermal conductivity, exceptional strength and high flexibility. POSITA would have known that providing a graphite conductive cloth comprising heat conducting strips as the heat conducting member would have a reasonable expectation of success and predictable results such as high thermal conductivity, exceptional strength and high flexibility.
Regarding claim 24, ZHAO, XU and LIU combined teach the heating shawl, as recited in claim 23, wherein the plurality of heat conducting strips is printed on the contact surface by brushing a heat-conducting material on a printing plate which is then pressed onto the contact surface, so as to directly printed on the contact surface in an evenly distributed manner (this limitation is considered product by process, LIU already discloses the plurality of heat conducting strips, as set forth above in claim 23, regardless of the type of process used for its manufacturing; the claim is a product claim, not a process claim, therefore, patentability is based on the structure of the product).
Regarding claim 25, ZHAO, XU and LIU combined teach the heating shawl, as recited in claim 24, wherein the plurality of heat conducting strips extend to the connection portion (XU as shown in Fig. 1-3 when viewed in combination with LIU as shown in Fig. 1), wherein one portion of each of the plurality of heat conducting strips is cross connected to form the heat conducting mesh and another portion of each of the heat conducting strips extends to an edge of the connection portion to ensure the connection portion transmit heat in an even manner (XU as shown in Fig. 1-3 when viewed in combination with LIU as shown in Fig. 1).
Regarding claim 26, ZHAO, XU and LIU combined teach the heating shawl, as recited in claim 24, wherein the plurality of heat conducting strips is made of graphene (LIU; para. 0012-0013; 0021).
Regarding claim 27, ZHAO, XU and LIU combined teach the heating shawl, as recited in claim 24, wherein a shape of the heat conducting mesh is selected from a group consisting of circular, triangular, rectangular, polygonal, and hexagonal (LIU; as shown in Fig. 1-3).
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over ZHAO and XU as set forth above, further in view of WANG (CN 202958416).
Regarding claim 28, ZHAO and XU combined teach all the elements of the claimed invention as set forth above in claim 21, except for, wherein the contact surface is made from a material selected from a group consisting of a faux cashmere, a polar fleece and a microfiber.
WANG teaches a heating cloth (Fig. 1-4) comprising a contact surface (13) made from a material selected from a group consisting of a faux cashmere, a polar fleece and a microfiber (polar fleece; para. 0029).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the contact surface of ZHAO and XU, with WANG, by making the contact surface of a polar fleece material, for the advantages of retaining warmth and having a soft texture. POSITA would have known that making the contact surface of a polar fleece material would have a reasonable expectation of success and predictable results such as user comfort and warmth retention.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over ZHAO and XU as set forth above, further in view of SONG (KR 101691765).
Regarding claim 31, ZHAO and XU combined teach all the elements of the claimed invention as set forth above in claim 30, except for, wherein the counterweight is selected a group consisting of sands and mineral stones.
SONG teaches a warming device for neck and shoulder (Fig. 5) comprising a counterweight (46), wherein the counterweight is mineral stones (para. 0011; 0035; i.e. jade, calcite, quartzite, yellow earth).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the counterweight of ZHAO and XU, with SONG, by providing mineral stones as the counterweight, as an alternative to the magnetic particle material filler, for durability. POSITA would have known that providing mineral stones as the counterweight, as an alternative to the magnetic particle material filler would have a reasonable expectation of success and predictable results such as durability.
Allowable Subject Matter
Claim 33 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.
Claim 34 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: allowable subject matter is indicated for claims 33 and 34 because the prior art of record does not show or fairly suggest a heating shawl wherein the counterweight is a far infrared magnet placed in the connection portion such that when the plurality of heat conducting strips transmit heat to the connection portion, the far infrared magnet is heated and generates far-infrared rays, as recited in claims 33 and 34.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. LV (CN 218474149) is considered relevant prior art in the field of heating pads/shawls/blankets/mats, as shown in Fig. 1-2, comprising a shall body (1) including a first portion to fit shoulders and the back of the human body (as shown in Fig. 1-2), and a second portion configured to fit the neck of the human body (as shown in Fig. 1-2)…, a heating element (21)…, a power supply interface (22), but it fails to disclose a counterweight structure arranged at an outer edge of the first portion, including a connection portion with a hollow center and a counterweight filled in the connection portion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBA T ROSARIO-APONTE whose telephone number is (571)272-9325. The examiner can normally be reached M to F; 8am-5pm.
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/ALBA T ROSARIO-APONTE/Examiner, Art Unit 3761 09/02/2026
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761
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