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 .
The status of the 01/16/2026 claims, is as follows: Claims 1, 7-8, 13-14, and 20 have been amended; Claims 5-6, and 10-12 have been canceled; Claims and Claims 1-4, 7-9, and 13-20 are pending.
Claim Objections
Claim 1-4, 7-9, and 13-20 are objected to because of the following informalities:
In claim 1: the phrase “wherein each support bulge” in line 18 should be read “wherein each of the support bulge”.
In claim 8: the phrase “wherein each support bulge” in line 16 should be read “wherein each of the support bulge”.
Appropriate correction is required.
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 limitations are:
In claim 1:
The limitation “a power supply assembly” in line 2
“assembly” is the generic placeholder.
“power supply” is the functional language.
In claim 8:
The limitation “a power supply assembly” in line 2
“assembly” is the generic placeholder.
“power supply” is the functional language.
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.
A review of the specification shows that, the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112, sixth paragraph limitation:
Even though there is no explicit description in the specification regarding the corresponding structure of the “power supply assembly” of claim 1 and claim 8, as best understood it is a well-known structure that refers to the physical, integrated unit or collection of components whose purpose is to provide and condition electrical power.
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 § 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-4, 7, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Gabbay (US 8383995) in view of Lee (US 20240215118), Tsai (US 6016741), Ye (US 20240365442), and Surma (US 20190029077)
Regarding Claim 1, Gabbay discloses a heating and thermal insulation apparatus (flexible hot plate and cooking unit 10; fig. 1), comprising a power supply assembly (electric cable 20; fig. 2) and a heating wire (heating element 12) electrically connected to the power supply assembly (col. 4, lines 28-30);
wherein the heating and thermal insulation apparatus (flexible hot plate and cooking unit 10; fig. 1) further comprises a heating body (upper layer 14 and lower layer 16), the heating body comprises a heating contact surface (annotated fig. 2) located at the top and a placement surface (annotated fig. 2) located at the bottom, wherein a heat source layer (lower layer 16) is formed between the heating contact surface and the placement surface (annotated fig. 2), and a working part of the heating wire (heating element 12) is disposed in the heat source layer (lower layer 16) and is tightly wrapped by the heat source layer (lower layer 16) (col. 4, lines 11-20 and 29-37) (it is noted that the heating element 12 is joined to the lower layer 16 via silicon adhesive 18);
wherein the heating and thermal insulation apparatus further comprises flexible top plate (upper layer 14), wherein the heating contact surface is formed on an upper surface of the flexible top plate (upper layer 14) (annotated fig. 2), the heat source layer (lower layer 16) is located inside the flexible top plate (upper layer 14) (it is noted the heating element 12 of the lower layer 16 is located inside the layer 14 as shown in fig. 1), and the placement surface is formed inside the heat source layer (lower layer 16) (it is noted the placement surface is formed inside the lower layer 16 because it is the surface that is confined by the periphery of the lower layer 16); wherein the flexible top plate (upper layer 14) comprises an annular outer wall (periphery of upper layer 14) corresponding to a contour of the heat source layer (lower layer 16) (fig. 2);
wherein the placement surface comprises a placement surface body (lower layer 16) located at the bottom of the heating body (fig. 2), a plurality of support bulges (inverted conical legs 34; figs. 5 and 3) protruding downward from the placement surface body, and a heat dissipation channel (spaces between the inverted conical legs 34) is formed between the support bulges (col. 4, lines 60-65);
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Gabbay does not disclose the annular outer wall of the flexible top plate is sleeved on a periphery of the heat source layer.
However, Lee discloses the top plate (upper sheet 134) comprises an annular outer wall (annotated fig. 2), wherein the annular outer wall is sleeved on a periphery of the heat source layer (plate-shaped heater 110) (para. 0079-0080; figs. 1-2).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible top plate (i.e. upper layer 14 of Gabbay) to include the annular outer wall, wherein the annular outer wall is sleeved on the periphery of the heat source layer (i.e. lower layer 16 of Gabbay) as taught by Lee, in order to insert the lower layer 16 into the upper layer 14 such that the exact placement of the lower layer 16 with respect to the upper layer 14 is ensured.
The modification does not disclose:
each support bulge comprises a bulge body, and further comprises a support transition part extending slantly and upward from the bottom of the bulge body, and wherein a top of the support transition part extends to the placement surface body; wherein the bulge body has an elliptical cross-section shape, a shape of the support transition part corresponds to that of the bulge body, and the support transition part comprises a long end corresponding to a long axis of the elliptical bulge body, and further comprises a short end corresponding to a short axis of the elliptical bulge body.
However, Tsai discloses each support bulge (legs 27, 28 and leg extensions 29, 30) comprises a bulge body (leg extensions 29, 30), and further comprises a support transition part (legs 27, 28) extending slantly and upward from the bottom of the bulge body (leg extensions 29, 30) (it is noted legs 27, 28 extends 90 degrees and upwardly from extensions 29, 30), and wherein a top of the support transition part (legs 27, 28) extends to the placement surface body (grill plate assembly 11; fig. 3) (col. 3, lines 45-60).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the support bulge of Gabbay in view of Lee to comprise the bulge body and the support transition part extending slantly and upward from the bottom of the bulge body as taught by Tsai, in order to elevate the heating apparatus to desired height to prevent overheating of the surface of the table that supports the heating apparatus.
The modification does not disclose:
the bulge body has an elliptical cross-section shape, a shape of the support transition part corresponds to that of the bulge body, and the support transition part comprises a long end corresponding to a long axis of the elliptical bulge body, and further comprises a short end corresponding to a short axis of the elliptical bulge body.
However, it is noted that the bulge body of Tsai (i.e. leg extensions 29, 30) has a circular cross-section shape. One of ordinary skill in the art would recognize that the shape of the bulge body and the shape of the support transition part is merely a design choice. The specification of the instant application does not explain why the shape of the bulge body and the support transition part having elliptical shape is critical, or solve further problem in the art. Therefore, one of ordinary skill in the art would be motivated to modify the bulge body and the support transition part to have elliptical shape because the shape is considered as a design choice. The bulge body and the support transition part of Tsai would perform equally well to support the heating apparatus and provide cooling effect in the space between thereof. The modification would result in the bulge body (leg extensions 29, 30 of Tsai) has an elliptical cross-section shape (the shape of 29, 30 is elliptical, therefore its cross-section is elliptical), a shape of the support transition part (legs 27, 28 of Tsai) corresponds to that of the bulge body (leg extensions 29, 30 of Tsai) (the modification would result in the legs 27, 28, 29, 30 have elliptical shape), and the support transition part (legs 27, 28 of Tsai) comprises a long end corresponding to a long axis of the elliptical bulge body (it is noted the legs 27, 28 have elliptical shape, the same goes for leg extensions 29, 30), and further comprises a short end corresponding to a short axis of the elliptical bulge body.
The modification does not disclose:
the heating and thermal insulation apparatus further comprises a heat-sensitive color change layer disposed on a surface of the heating contact surface and configured to allow a user to intuitively observe a pattern range and a depth of the heat-sensitive color change layer, which determines a temperature and a radiation range of the heating body and provides an intuitive indication for the user to perform a heating or thermal insulation operation;
wherein the power supply assembly comprises a control module configured to regulate a temperature of the heating body and to provide a timer-based switch function.
However, Ye discloses the heating and thermal insulation apparatus (heat preservation board; para. 0026; fig. 1) further comprises a heat-sensitive color change layer (thermochromic layer) disposed on a surface of the heating contact surface (front side of the heating pad 10) and configured to allow a user to intuitively observe a pattern range (pattern) and a depth of the heat-sensitive color change layer (it is noted the thermochromic layer has a depth that is visible to the user), which determines a temperature (temperature) and a radiation range of the heating body (temperature of the heating pad 10) and provides an intuitive indication for the user to perform a heating operation (para. 0045-0046).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus to further comprise the heat-sensitive color change layer, which gives the indication to the user regarding the temperature of the flexible heating plate which avoids burns caused by accidental touching and improves the safety of the heating plate (para. 0020 of Ye).
The modification does not disclose the power supply assembly comprises a control module configured to regulate a temperature of the heating body and to provide a timer-based switch function.
However, Surma discloses the power supply assembly (heating cable 52) comprises a control module (timer 62) configured to regulate a temperature of the heating body (mat 10) and to provide a timer-based switch function (“Timer 62 automatically deactivates heating system 50 after a selected period of time”, para. 0011).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the power supply assembly to comprise the control module configured to regulate the temperature of the heating body and to provide the timer-based switch function as taught by Surma, in order to automatically deactivate the heating body in case the user forgets to manually turn off the heating apparatus.
Regarding Claim 2, Gabbay discloses the heating and thermal insulation
apparatus (flexible hot plate and cooking unit 10; fig. 1), wherein the heat source layer (lower layer 16) is an implant layer, and the heating wire (heating element 12) is in close contact with the heat source layer (lower layer 16) (col. 4, lines 29-36) (according to Webster, https://www.merriam-webster.com/dictionary/implant, accessed 02/03/2026, “implant” is interpreted to mean to fix securely. The lower layer 16 is the implant layer because it is securely fixed to the heating element 12).
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Regarding Claim 3, Gabbay discloses the heating and thermal insulation
apparatus (flexible hot plate and cooking unit 10; fig. 1), wherein the heat source layer (lower layer 16) is an elastic pouring layer (col. 2, lines 49-54; fig. 3).
Regarding Claim 4, Gabbay discloses the heating and thermal insulation
apparatus (flexible hot plate and cooking unit 10; fig. 1), wherein the heating contact surface, the placement surface and the heat source layer (lower layer 16) are made of a flexible material (col. 1, lines 57-64; fig. 3).
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Regarding Claim 20, Gabbay discloses the support bulge (inverted conical legs 34) is a U-shaped stand column (col. 4, lines 62-65; fig. 3).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over the modification of Gabbay (US 8383995) in view of Lee (US 20240215118), Tsai (US 6016741), Ye (US 20240365442), and Surma (US 20190029077) as applied to claim 1, in further view of Tong (US 20220394821)
Regarding Claim 7, the modification discloses substantially all of the claimed features as set forth above. Gabbay discloses the flexible top plate (upper layer 14) is integrally formed (col. 4, lines 24-27).
The modification does not disclose the flexible top plate is made of silica gel, PE (Polyethylene), TPE (Thermoplastic Elastomer) or PLA (Polylactic Acid).
However, Tong discloses the flexible top plate (flexible substrate 426; fig. 4C) is made of silica gel (silica gel) (para. 0013 and 0079).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible top plate of Gabbay to be made of silica gel, because it is conventionally known to use the silica gel in the flexible top plate of the flexible heating device.
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over the modification of Gabbay (US 8383995) in view of Lee (US 20240215118), Tsai (US 6016741), Ye (US 20240365442), and Surma (US 20190029077) as applied to claim 1, in view of Chen (US 12109739)
Regarding Claim 13, the modification discloses substantially all of the claimed features as set forth above, except the heating and thermal insulation apparatus comprises an insulation housing configured to place the power supply assembly, a leg is formed at the bottom of the insulation housing, and the bottom of the leg and the bottom of the bulge body are located on a same horizontal plane.
However, Chen discloses a heating and thermal insulation apparatus (food heating mat) comprises an insulation housing (housing that encloses circuit board 201) configured to place the power supply assembly (circuit board 201) (col. 4, lines 14-20), a leg (annotated fig. 2) is formed at the bottom of the insulation housing, and the bottom of the leg and the bottom of the bulge body are located on a same horizontal plane (fig. 1).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Gabbay to include the insulation housing to accommodate the power supply component, having the leg that extends from insulation housing such that the bottom leg and the bottom of the bulge body are located on the same horizontal plane as taught by Chen. Doing so would protect the wiring and electronics from moisture or dirt, thereby prolonging the longevity of electronics.
Regarding Claim 14, Gabbay discloses the heating wire (heating element 12) further comprises a connecting part (annotated fig. 2) extending from the heat source layer (lower layer 16) to the power supply assembly (cable 20), the connecting part comprises a first end and a second end (annotated fig. 2), a working part of the heating wire (heating element 12) comprises a line-shaped section and a U-shaped circuiting section that are connected, the line-shaped section is connected to the first end of the connecting part, and the U-shaped circuiting section is connected to the second end of the connecting part (it is noted the line-shaped section and U-shaped section are electrically connected to the first end and second end of the connecting part).
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Regarding Claim 15, the modification discloses the heating body (layer 14, layer 16) has a thickness of smaller than 5 cm (0.45 cm) (col. 4, lines 24-27. Upper layer 14 has thickness of 0.5 mm and lower layer 16 has thickness of 4 mm. The total thickness is 4.5 mm or 0.45 cm).
The modification does not disclose a laying area of the working part of the heating wire is greater than 60% of a surface area of the heating body.
However, it would have been obvious to one having ordinary skill in the art at the
time the invention was made to modify the heating wire such that it covers more than 60% of the surface area of the heating body, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The motivation is to achieve desired heating output by laying the heating wire to cover at least 60% of the heating body.
Claims 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over the modification of Gabbay (US 8383995) in view of Lee (US 20240215118), Tsai (US 6016741), Ye (US 20240365442), Surma (US 20190029077), and Chen (US 12109739) as applied to claim 15, further in view of Wu (US 20250168936)
Regarding Claim 16, the modification discloses substantially all of the claimed features as set forth above. Chen discloses the insulation housing (housing 200) comprises an opening into that a side edge of the heating body (layer 101 and heating film 102) stretches is formed (figs. 3-4).
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The modification does not disclose the insulation housing comprises an upper housing and a lower housing, and an opening into that a side edge of the heating body stretches is formed between the upper housing and the lower housing.
However, Wu discloses the insulation housing (mounting block 2) comprises an upper housing (clamping block 21) and a lower housing (clamping block 22) (para. 0036; figs. 1-5), and an opening into that a side edge of the heating body (flexible housing 1) stretches is formed between the upper housing and the lower housing (para. 0036).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the insulation housing of Gabbay in view of Lee, Tsai, Ye, Surma, and Chen to comprise the upper housing and the lower housing as taught by Wu, in order to enable the upper housing to be removed from the lower housing such that the electronics in the insulation housing can be accessed for repair or maintenance.
Regarding Claim 17, Chen discloses the insulation housing (housing 200 that encloses circuit board 201) is disposed at a short side of the heating body (layer 101, layer 102), and the short side of the heating body stretches into the opening (fig. 1).
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Regarding Claim 18, the modification discloses substantially all of the claimed features as set forth above, except a notch is formed at the short side, and the first end and the second end of the connecting part stretch out of the notch.
However, Wu discloses a notch (annotated fig. 9) is formed at the short side, and the first end and the second end of the connecting part stretch out of the notch (para. 0035-0036) (wirings for connecting the heating film to the temperature control module residing in the mounting block 2. In order to reach the temperature control module, the wirings stretch out of the notch).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the short side of the heating body of Gabbay in view of Lee, Tsai, Ye, Surma, and Chen to include the notch such that the first end and the second end of the connecting part stretch out of the notch as further taught by Wu. By including the notch in the heating body, the electronics (i.e. temperature control module) can be accommodate therein, thereby yielding compact design of the heating body.
Regarding Claim 19, the modification discloses wherein a plurality of first through holes (annotated fig. 9) are formed in an edge that is of the heating body (flexible housing 1) and that corresponds to the notch (it is noted the first through holes are formed at the location of the notch), positioning columns (several connecting columns) are formed at corresponding positions of the first through holes in the upper housing (first clamping block 21), and second through holes (receiving slots 20) are formed at corresponding positions of the positioning columns in the lower housing (second clamping block 22) (para. 0036; figs. 1-5 of Wu).
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Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Gabbay (US 8383995) in view of Tsai (US 6016741), Wu (US 20250168936), Ye (US 20240365442), and Surma (US 20190029077)
Regarding Claim 8, Gabbay discloses a heating and thermal insulation apparatus (flexible hot plate and cooking unit 10; fig. 1), comprising a power supply assembly (electric cable 20; fig. 2) and a heating wire (heating element 12) electrically connected to the power supply assembly (col. 4, lines 28-30);
wherein the heating and thermal insulation apparatus (flexible hot plate and cooking unit 10; fig. 1) further comprises a heating body (upper layer 14 and lower layer 16), the heating body comprises a heating contact surface (annotated fig. 2) located at the top and a placement surface (annotated fig. 2) located at the bottom, wherein a heat source layer (lower layer 16) is formed between the heating contact surface and the placement surface (annotated fig. 2), and a working part of the heating wire (heating element 12) is disposed in the heat source layer (lower layer 16) and is tightly wrapped by the heat source layer (lower layer 16) (col. 4, lines 11-20 and 29-37) (it is noted that the heating element 12 is joined to the lower layer 16 via silicon adhesive 18);
wherein the thermal insulation apparatus further comprises a flexible bottom plate (lower layer 16; fig. 3), wherein the placement surface is formed at the bottom of the flexible bottom plate (annotated fig. 2), and the heating contact surface is formed on the top of the heat source layer (lower layer 16) (annotated fig. 2);
wherein the placement surface comprises a placement surface body (lower layer 16) located at the bottom of the heating body (fig. 2), and a plurality of support bulges (inverted conical legs 34; figs. 5 and 3) protruding downward from the placement surface body, wherein a heat dissipation channel (spaces between the inverted conical legs 34) is formed between adjacent support bulges (col. 4, lines 60-65).
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Gabbay does not disclose:
wherein each support bulge comprises a bulge body, and further comprises a support transition part extending slantly and upward from a bottom of the bulge body, wherein a top of the support transition part extends to the placement surface body; wherein the bulge body has an elliptical cross-section shape along a plane substantially parallel to the heating contact surface, wherein a shape of the support transition part corresponds to that of the bulge body, and the support transition part comprises a long end corresponding to a long axis of the elliptical bulge body, and further comprises a short end corresponding to a short axis of the elliptical bulge body;
the heat source layer is located above the flexible bottom plate;
the heating and thermal insulation apparatus further comprises a heat-sensitive color change layer disposed on a surface of the heating contact surface and configured to allow a user to intuitively observe a pattern range and a depth of the heat-sensitive color change layer, which determines a temperature and a radiation range of the heating body and provides an intuitive indication for the user to perform a heating or thermal insulation operation;
wherein the power supply assembly comprises a control module configured to regulate a temperature of the heating body and to provide a timer-based switch function.
However, Tsai discloses each support bulge (legs 27, 28 and leg extensions 29, 30) comprises a bulge body (leg extensions 29, 30), and further comprises a support transition part (legs 27, 28) extending slantly and upward from the bottom of the bulge body (leg extensions 29, 30) (it is noted legs 27, 28 extends 90 degrees and upwardly from extensions 29, 30), and wherein a top of the support transition part (legs 27, 28) extends to the placement surface body (grill plate assembly 11; fig. 3) (col. 3, lines 45-60).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the support bulge of Gabbay to comprise the bulge body and the support transition part extending slantly and upward from the bottom of the bulge body as taught by Tsai, in order to elevate the heating apparatus to desired height to prevent overheating of the surface of the table that supports the heating apparatus.
The modification does not disclose:
the bulge body has an elliptical cross-section shape along a plane substantially parallel to the heating contact surface, wherein a shape of the support transition part corresponds to that of the bulge body, and the support transition part comprises a long end corresponding to a long axis of the elliptical bulge body, and further comprises a short end corresponding to a short axis of the elliptical bulge body.
However, it is noted that the bulge body and the support transition part of Tsai (i.e. leg extensions 29, 30 and legs 27, 28) has a circular cross-section shape. One of ordinary skill in the art would recognize that the shape of the bulge body and the shape of the support transition part is merely a design choice. The specification of the instant application does not explain why the shape of the bulge body and the support transition part having elliptical shape is critical, or solve further problem in the art. Therefore, one of ordinary skill in the art would be motivated to modify the bulge body and the support transition part to have elliptical shape because the shape is considered as a design choice. The bulge body and the support transition part of Tsai would perform equally well to support the heating apparatus and provide cooling effect in the space between thereof. The modification would result in the bulge body (leg extensions 29, 30 of Tsai) has an elliptical cross-section shape (the shape of 29, 30 is elliptical, therefore its cross-section is elliptical) along a plane substantially parallel to the heating contact surface, wherein a shape of the support transition part (legs 27, 28 of Tsai) corresponds to that of the bulge body (leg extensions 29, 30 of Tsai) (the modification would result in the legs 27, 28, 29, 30 have elliptical shape), and the support transition part (legs 27, 28 of Tsai) comprises a long end corresponding to a long axis of the elliptical bulge body (it is noted the legs 27, 28 have elliptical shape, the same goes for leg extensions 29, 30), and further comprises a short end corresponding to a short axis of the elliptical bulge body.
The modification does not disclose the heat source layer is located above the flexible bottom plate.
However, Wu discloses the heat source layer (heating film 4) is located above the flexible bottom plate (surface of the flexible housing that faces the table on which the flexible housing is disposed) (para. 0031 and 0009).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heat source layer of Gabbay (i.e. lower layer 16 comprising the heating wire) such that it is disposed above the flexible bottom plate as taught by Wu, in order to removably mount the heating wire on the flexible bottom plate (i.e. lower layer 16) so that the heating wire can be taken out from the bottom plate when damaged, without replacing the entire product, thus prolonging the service life of the product (para. 0034 of Wu).
The modification does not disclose:
the heating and thermal insulation apparatus further comprises a heat-sensitive color change layer disposed on a surface of the heating contact surface and configured to allow a user to intuitively observe a pattern range and a depth of the heat-sensitive color change layer, which determines a temperature and a radiation range of the heating body and provides an intuitive indication for the user to perform a heating or thermal insulation operation;
wherein the power supply assembly comprises a control module configured to regulate a temperature of the heating body and to provide a timer-based switch function.
However, Ye discloses the heating and thermal insulation apparatus (heat preservation board; para. 0026; fig. 1) further comprises a heat-sensitive color change layer (thermochromic layer) disposed on a surface of the heating contact surface (front side of the heating pad 10) and configured to allow a user to intuitively observe a pattern range (pattern) and a depth of the heat-sensitive color change layer (it is noted the thermochromic layer has a depth that is visible to the user), which determines a temperature (temperature) and a radiation range of the heating body (temperature of the heating pad 10) and provides an intuitive indication for the user to perform a heating operation (para. 0045-0046).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus to further comprise the heat-sensitive color change layer, which gives the indication to the user regarding the temperature of the flexible heating plate which avoids burns caused by accidental touching and improves the safety of the heating plate (para. 0020 of Ye).
The modification does not disclose the power supply assembly comprises a control module configured to regulate a temperature of the heating body and to provide a timer-based switch function.
However, Surma discloses the power supply assembly (heating cable 52) comprises a control module (timer 62) configured to regulate a temperature of the heating body (mat 10) and to provide a timer-based switch function (“Timer 62 automatically deactivates heating system 50 after a selected period of time”, para. 0011).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the power supply assembly to comprise the control module configured to regulate the temperature of the heating body and to provide the timer-based switch function as taught by Surma, in order to automatically deactivate the heating body in case the user forgets to manually turn off the heating apparatus.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over the modification of Gabbay (US 8383995), Tsai (US 6016741), Wu (US 20250168936), Ye (US 20240365442), and Surma (US 20190029077) as applied to claim 8, further in view of Tong (US 20220394821)
Regarding Claim 9, the modification discloses substantially all of the claimed features as set forth above. Gabbay discloses the flexible bottom plate (lower layer 16) is integrally formed (col. 4, lines 24-27).
The modification does not disclose the flexible bottom plate is made of silica gel, PE (Polyethylene), TPE (Thermoplastic Elastomer) or PLA (Polylactic Acid).
However, Tong discloses the flexible bottom plate (flexible substrate 402; fig. 4C) is made of silica gel (silica gel) (para. 0013 and 0079).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible bottom plate of Gabbay to be made of silica gel, because it is conventionally known to use the silica gel in the flexible top plate of the flexible heating device.
Response to Amendment
With respect to drawing objection: Applicant’s arguments on p. 7-8 of the Remarks are found persuasive, therefore drawing objection is withdrawn.
With respect to 112f notification and associated 112a, 112b to the phrase “power supply component”: Applicant’s arguments on p. 9-10 of the Remarks are found persuasive, therefore the 112a, 112b rejection are withdrawn. However, the phrase “power supply assembly” meets the 3-prong test of 112f as set forth above. Therefore, the 112f notification of the phrase “power supply assembly” is invoked.
With respect to 112b rejection to claim 8: Applicant’s arguments on p. 7-8 of the Remarks are found persuasive, therefore 112b rejection is withdrawn.
Response to Argument
Applicant's arguments filed on 01/16/2026 have been fully considered but they are respectfully considered moot in view of new ground of rejections.
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 extension fee 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 date of this final action.
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/BONITA KHLOK/ Examiner, Art Unit 3761
/HELENA KOSANOVIC/ Supervisory Patent Examiner, Art Unit 3761