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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the uniform heating plate body, a covering layer, and a heating element as recited in claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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:
A heating element in claim 1 wherein heating is a functional language with the term element as a generic placeholder for means.
A thermal printing assembly in claim 1 wherein thermal printing is a functional language with the term assembly as a genetic placeholder for means.
A heat dissipation structure in claim 12 wherein heat dissipation is a functional language with the term structure as a generic placeholder for means.
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.
The heating element is interpreted as a resistance wire or a resistance paste disclosed in the specification (para 0010) or its equivalents thereof.
The thermal printing assembly is interpreted to include a template or a printing plate as disclosed in the specification (para 0063) or its equivalents thereof.
The heat dissipation structure is interpreted to be a hollowed-out frame structure as disclosed in the specification (para 006) or its 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.
Claims 14-17 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 14 recites for “a thermal printing assembly” but for proper antecedent basis it needs to be amended to “the thermal printing assembly” as a thermal printing assembly is already recited in claim 1.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-4, 6 and 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2018/0141328) in view of Yahav et al (US 5,221,829).
Chen discloses a portable thermal printing device claimed including a housing (21) as a support plate assembly, and a heating plate (22) having a heating element/wire (para 0013) with a cover plate/covering layer (23) that is disposed on the support plate assembly configured to heat an article or a thermal printing assembly (e.g., template or paper; para 0036 and 0045).
Chen does not show a heat insulation plate and the heating plate comprising a uniform heating plate body with the heating element disposed between the uniform heating plate and the covering layer as claimed.
Yahav shows it is known to provide a support plate assembly (10) that is provided with a heat insulation plate (37) disposed on the support plate assembly, and a heating plate disposed on the heat insulation plate wherein the heating plate comprises a uniform heating plate body shown by an aluminum plate (35) with a heating element (30) that is disposed between the uniform heating plate body and the covering layer (12/32) as illustrated in Figure 3B, and Yahav discloses that its heating assembly prevents localized overheating of its heating surface (column 2, lines 25-29).
In view of Yahav, it would have been obvious to one of ordinary skill in the art to adapt Chen with a heating insulation plate and the heating plate with a uniform heating plate body with a heating element disposed between the uniform heating plate body and the covering layer wherein localized overheating is prevent and more desired even heating distribution can be predictably made in the thermal printing assembly.
With respect to claim 2, Yahav shows the uniform heating body (35) that is connected side by side with the heating insulation body (37) wherein Chen shows the cover plate (23) that is in contact with the thermal printing assembly (24) so that heat transfer from the heating plate can be effectively made to the thermal printing assembly.
With respect to claim 3, Yahav discloses the uniform heating plate body that is made of aluminum plate (column 3, line 67 to column 4, line 3).
With respect to claim 4, Yahav discloses the heating element that is made of resistance foil or wire that is distributed on the uniform heating plate body (also, see Figures 4A-4C).
With respect to claim 6, Chen discloses the cover plate (23) that is provided with grid lines (see Figure 8) as location reference lines.
With respect to claim 14, Chen discloses the thermal printing assembly such as a template and/or paper and other suitable printing stock (para 0045) that can be laid on the heating plate, it would have been obvious to one of ordinary skill in the art to adapt Chen with the thermal printing assembly including a printing template, a printing paper including a hard paper board stacked in sequence, or any other printing stock to predicably produce a decorative image or print thereto. Furthermore, it is noted that the thermal printing assembly is regarded an an article that is worked on by the claimed printing device/apparatus wherein such article/material does not limit the structure of the apparatus claim for its patentability (also, see MPEP 2115).
With respect to claim 15, Chen discloses a manual pressing equipment (30) within which the portable thermal printing device (20) that can fitted within the pressing equipment (para 0062) wherein pressure is exerted to the printing device such that a pattern of the template can be made to the printing paper. It is also noted that claim 15 is regarded as a manner of using the claimed thermal printing device/apparatus wherein the manner of operating the device/apparatus does not differentiate the apparatus claim from the prior art (MPEP 2114).
With respect to claims 16 and 17, Chen discloses a base (10) as a bearing base that is disposed under the support plate assembly wherein the base comprises a pressure bearing plate (shown by it surface plate as illustrated in Figures 3 and 4) with a limiting edge (shown by its peripheral edge) facing toward the support plate assembly (21), and the support plate assembly corresponding in shape and space between the bearing plate and the limiting edge as the support plate assembly having a pins (211) engaged with a groove (102) of the bearing base.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Yahav as applied to claims 1-4, 6 and 14-17 above, and further in view of Matsusaki (US 2019/0100027).
Chen in view of Yahav discloses the device claimed including the covering layer but does not show that the covering layer is one of a silicone coating or elastomer coating as claimed.
Matsusaki discloses a thermal printing device having a heating plate that is further provided with a coating of a covering layer (43; para 0105) made of silicone based coating.
In view of Matsusaki, it would have been obvious to one of ordinary skill in the art to adapt Chen, as modified by Yahav, with the covering layer that is made of a silicone coating or any other suitable coating materials for not only for the protection of the heating plate but also to smoothly guiding a thermal printing assembly (e.g. paper or any other articles) processed by the heating plate.
Claim(s) 7, 8 and 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Yahav as applied to claims 1-4, 6 and 14-17 above, and further in view of Desmeules et al (US 2023/0239972).
Chen in view of Yahav discloses the device claimed except for an electrical connection element that is detachably connected via magnetic attraction as claimed.
Desmeules shows it is known to provide an electrical connection element (21/22) that can be detachably connected to a heating element via a magnetic attraction (i.e., via magnet; also, see Abstract and para 0021) to connect an external power source to heating elements/wires.
In view of Desmeules, it would have been obvious to one of ordinary skill in the art to adapt Chen, as modified by Yahav, with electrical connection element is detachably connected to a heating element via magnetic attraction (thru magnets) as a known electrical connection that predictably allows for easy and convenient electrical connection a user can make as known in the art.
With respect to claim 8, Desmeules further discloses for a circuit board (12) having a magnetic attracting connector or retainer (16) that is be coupled or fitted with the electrical connection element (21/22), and it would have been obvious to adapt Chen, as modified by Yahav, with the circuit board that is disposed on the support plate assembly where the heating plate is disposed thereon along with a circuit board and a magnetic attracting connector as taught by Desmeules to predictably make the electric connection to power the heating element of the heating plate to generate the desired electrical heating.
With respect to claims 10 and 13, Chen discloses the support plate assembly having a support plate (shown element 21) and a bottom plate (10) disposed under the support plate wherein the bottom plate comprises a supporting bottom plate and support frame (shown by the outer support frame) surrounding the support bottom plate (also, see Figure 2), and as Chen further discloses an On-Off button (103) as a key module situated in the support frame (as illustrated in Figure 2), a circuit board for control the heating plate/heating element having the key module i.e., On-Off button, would have been situated within the support frame. Furthermore, as Yahav shows the insulation layer (37) on the heating plate, the support plate assembly having the support plate would be disposed under the heat insulation plate when modified by Yahav wherein the heat insulation plate would predictably prevent heat to flow toward the support plate assembly and thus thermally insulate the support plate assembly.
With respect to claim 11, Chen discloses a handle (213), and it would have been obvious to provide the handle on the supporting bottom plate or any other suitable location as a matter of design choice, lacking criticality, to predicably enable a user to support and carry the portable printing device.
With respect to claim 12, Chen discloses the bottom plate (10) is provided with an accommodating space (para 0017) for the insertion of the heating plate which would provide a heat dissipation structure that would allow heat to be dissipated via the accommodating space.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Yahav and Desmeules as applied to claims 7, 8 and 10-13 above, and further in view of Blaszczykiewicz et al (US 2009/0020521).
Chen in view of Yahav and Desmeules discloses the device claimed except for a direct current DC to direct current DC conversion module as claimed.
Blaszczykiewicz shows it is known to provide a DC to DC conversion module/circuit that receives an external DC voltage (from a battery) whose voltage is converted via the DC to DC converter module to a desired predetermined DC voltage supplied to a heating element (also, se para 0023).
In view of Blaszczykiewicz, it would have been obvious to one of ordinary skill in the art to adapt Chen, as modified by Yahav and Desmeules, with the circuit board that comprises a DC to DC converter/module to produce a desired or predetermined voltage to energize the heating element of the heating to an adequate and sufficient heating temperature for processing or heating the thermal printing assembly (template or paper) as desired.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Yahav as applied to claims 1-4, 6 and 14-17 above, and further in view of Chao et al (US 2014/0021193).
Chen in view of Yahav discloses the device claimed including the heat insulation plate (37) shown by Yahav but does not disclose that the insulating plate made of the material claimed including an expanded polystyrene material.
Chao shows it is known to provide a heat insulation layer (1) that can be made of various insulation materials including ceramic/glass or expanded polystyrene (para 0017).
In view of Chao, it would have been obvious to one of ordinary skill in the art to adapt Chen, as modified by Yahav, with the heat insulation layer that is made of an expanded polystyrene material or any other materials as an alternative and simple substitution known in the art for predictably providing a good heat insulation.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Yahav as applied to claims 1-4, 6 and 14-17 above, and further in view of Hasegawa (US 5,528,345).
Chen in view of Yahav discloses the device claimed including the support plate assembly but does not show that the support plate assembly is made of the material claimed including epoxy resin.
Hasegawa discloses it is known to provide a support casing (35/36) that is made of a heat resistant material including epoxy resin, phenol resin, or urea resin (column 5, lines 19-25).
In view of Hasegawa, it would have been obvious to one of ordinary skill in the art to adapt Chen, as modified by Yahav, with the support plate assembly that is made of a material including epoxy resin, phenol resin, urea resin, or any other heat resistant resin that predictably provides a good thermal and mechanical strength to the structural the support plate assembly when exposed to the heating plate.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG Y PAIK whose telephone number is (571)272-4783. The examiner can normally be reached 9:00-5:30; M-F.
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/SANG Y PAIK/Primary Examiner, Art Unit 3761