`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`
`
`
` FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`14/695,909
`
`04/24/2015
`
`Gerard Prendergast
`
`GRPET-1108751
`
`4193
`
`101 WEST BROADWAY
`SUITE 1600
`
`
`
`
`ZEC, FILIP
`
`3744
`
`12/08/2017
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`ipdocket @ gordonrees.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Application No.
`
`Applicant(s)
`
`
`
` . oa: . 14/695,909 PRENDERGAST, GERARD
`
`
`
`
`Applicant-initiated Interview Summary
`_
`_
`Examiner
`Art Unit
`
`FILIP ZEC
`
`3744
`
`All participants (applicant, applicant's representative, PTO personnel):
`
`(1) FILIPZEC.
`
`(2) K. Hull.
`
`Date of Interview: 04 December 2017.
`
`(3)R. Dammann.
`
`(4)
`
`Type:
`
`[-] Video Conference
`|X] Telephonic
`[J Personal [copy given to: [] applicant
`
`(FJ applicant’s representative]
`
`Exhibit shown or demonstration conducted:
`If Yes, brief description:
`
`[] Yes
`
`IX] No.
`
`[]101 (112 [102 103 [others
`Issues Discussed
`(For each of the checked box(es) above, please describe below the issue and detailed description of the discussion)
`
`Claim(s) discussed: 7.
`
`Identification of prior art discussed: U.S 4064835 to Rabenbauer and US PGPUB 2005/0288749 to Lachenbruch.
`
`Substance of Interview
`(Foreachissue discussed, provide a detailed description and indicate if agreement was reached. Some topics may include: identification or clarification of a
`reference or a portion thereof, claim interpretation, proposed amendments, arguments of any applied referencesetc...)
`
`The Examiner disclosed the results of the further search, per requirements of AFCP 2.0 request submitted on
`11/14/2017. Newly found reference to Lachenbruch indeed teaches an elastic material (air, foam, gel or elastomercells
`8, FIG. 7; which are comprised within the matress 16, which, in turn, encloses thermally conductive strips 9) that
`deforms and reforms upon the application and release of pressure, respectively
`(par 0062;
`par 0081-0083) in order to
`rovide comfort to the user when applying coolin
`ar 0062;
`par 0084). The enclosed advisory action provides details
`how said newly addedlimitations in claims 1-4 and 17-20 would be rejected. The Examiner also addressed the
`applicant's inquiry about how the newly added reference would be incorporated into Rabenbauer(foam mattress 16
`would be substituted instead of plastic/woodlayer 1, to inclose insulation material 2 and ice-packs 3). The Examiner
`finally stated thatif all the components of the system are claimed in a manner wherien once assembied, they are
`structurally indivisible, the current rejection may be circumvented.
`
`Applicant recordation instructions: The formal written reply to the last Office action must include the substanceofthe interview. (See MPEP
`section 713.04). If a reply to the last Office action has already beenfiled, applicant is given a non-extendable period of the longer of one month or
`thirty days from this interview date, or the mailing date of this interview summary form, whichever is later, to file a statement of the substance of the
`interview
`
`Examinerrecordation instructions: Examiners must summarize the substanceof any interview of record. A complete and proper recordation of the
`substanceof an interview should include the itemslisted in MPEP 713.04 for complete and proper recordation including the identification of the
`general thrust of each argumentor issue discussed, a general indication of any other pertinent matters discussed regarding patentability and the
`general results or outcomeofthe interview,to include an indication as to whether or not agreement was reached onthe issuesraised.
`
`&X Attachment
`/FILIP ZEC/
`
`Examiner, Art Unit 3744 U.S. Patent and Trademark Office
`
`PTOL-413 (Rev. 8/11/2010)
`
`Interview Summary
`
`Paper No. 20171204
`
`

`

`Manual of Patent Examining Procedure (MPEP), Section 713.04, Substanceof Interview Must be Made of Record
`A complete written statement as to the substance of any face-to-face, video conference, or telephone interview with regard to an application must be madeof record in the
`application whether or not an agreement with the examiner was reachedat the interview.
`
`Summary of Record of Interview Requirements
`
`Title 37 Code of Federal Regulations (CFR) § 1.133 Interviews
`Paragraph (b)
`
`In every instance where reconsideration is requested in view of an interview with an examiner, a complete written statement of the reasons presented at the interview as
`warranting favorable action must befiled by the applicant. An interview does not removethe necessity for reply to Office action as specified in §§ 1.111, 1.135. (35 U.S.C. 132)
`
`37 CFR §1.2 Businessto be transactedin writing.
`All business with the Patent or Trademark Office should be transacted in writing. The personal attendance of applicants or their attorneys or agents at the Patent and
`Trademark Office is unnecessary. The action of the Patent and Trademark Office will be based exclusively on the written record in the Office. No attention will be paid to
`any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt.
`
`The action of the Patent and Trademark Office cannot be based exclusively on the written record in the Office if that recordis itself
`incomplete through the failure to record the substanceof interviews.
`It is the responsibility of the applicant or the attorney or agent to make the substanceof an interview of record in the application file, unless
`the examiner indicates he or she will do so.
`It is the examiner’s responsibility to see that such a record is made andto correct material inaccuracies
`which bear directly on the question of patentability.
`
`Examiners must complete an Interview Summary Form for each interview held where a matter of substance has been discussed during the
`interview by checking the appropriate boxes andfilling in the blanks. Discussions regarding only procedural matters, directed solely to restriction
`requirements for which interview recordation is otherwise provided for in Section 812.01 of the Manual of Patent Examining Procedure, or pointing
`out typographical errors or unreadable script in Office actions or the like, are excluded from the interview recordation procedures below. Where the
`substanceof an interview is completely recorded in an Examiners Amendment, no separate Interview Summary Record is required.
`
`The Interview Summary Form shall be given an appropriate Paper No., placed in the right hand portion ofthe file, and listed on the
`“Contents” section ofthe file wrapper.
`In a personalinterview, a duplicate of the Form is given to the applicant (or attorney or agent) at the
`conclusion of the interview.
`In the case of a telephone or video-conferenceinterview, the copy is mailed to the applicant’s correspondence address
`either with or prior to the next official communication. If additional correspondencefrom the examineris not likely before an allowanceorif other
`circumstances dictate, the Form should be mailed promptly after the interview rather than with the next official communication.
`
`The Form provides for recordation of the following information:
`— Application Number (Series Code and Serial Number)
`—Name ofapplicant
`—Name of examiner
`— Date ofinterview
`— Type of interview (telephonic, video-conference, or personal)
`—Name of participant(s) (applicant, attorney or agent, examiner, other PTO personnel, etc.)
`—Anindication whether or not an exhibit was shownor a demonstration conducted
`—Anidentification of the specific prior art discussed
`—
`Anindication whether an agreement was reachedand if so, a description of the general nature of the agreement (may be by
`attachmentof a copy of amendments or claims agreed as being allowable). Note: Agreementasto allowability is tentative and does
`not restrict further action by the examinerto the contrary.
`— The signature of the examiner who conductedthe interview (if Form is not an attachmentto a signed Office action)
`
`It is desirable that the examinerorally remind the applicant of his or her obligation to record the substance of the interview of each case. It
`should be noted, however, that the Interview Summary Form will not normally be considered a complete and proper recordation of the interview
`unlessit includes, or is supplemented by the applicant or the examiner to include, all of the applicable items required below concerning the
`substanceofthe interview.
`A complete and proper recordation of the substance of any interview should include at least the following applicable items:
`1) A brief description of the nature of any exhibit shown or any demonstration conducted,
`2) an identification of the claims discussed,
`8) an identification of the specific prior art discussed,
`4) an identification of the principal proposed amendmentsof a substantive nature discussed, unless these are already described on the
`Interview Summary Form completed by the Examiner,
`5) a brief identification of the general thrust of the principal arguments presented to the examiner,
`(The identification of arguments need not be lengthy or elaborate. A verbatim or highly detailed description of the argumentsis not
`required. The identification of the argumentsis sufficient if the general nature or thrust of the principal arguments madeto the
`examiner can be understood in the context of the application file. Of course, the applicant may desire to emphasize andfully
`describe those arguments which heor she feels were or might be persuasive to the examiner.)
`6) a general indication of any other pertinent matters discussed, and
`7) if appropriate, the general results or outcomeofthe interview unless already described in the Interview Summary Form completed by
`the examiner.
`Examiners are expected to carefully review the applicant's record of the substanceofan interview.
`accurate, the examinerwill give the applicant an extendable one month time period to correct the record.
`
`If the record is not complete and
`
`Examiner to Check for Accuracy
`
`If the claims are allowable for other reasons of record, the examiner should sendaletter setting forth the examiner's version of the
`statementattributed to him or her.
`If the record is complete and accurate, the examiner should placethe indication, “Interview Record OK” on the
`paper recording the substanceof the interview along with the date and the examiner'sinitials.
`
`

`

`would be allowable if submitted in a separate, timely filed amendment canceling the non-
`
`NONOTICEOFAPPEALFILED
`1. LZ] Thereply wasfiled after a final rejection. No Notice of Appeal has beenfiled. To avoid abandonmentofthis application, applicant musttimelyfile
`one of the following replies: (1) an amendment, affidavit, or other evidence, which places the application in condition for allowance;
`(2) a Notice of Appeal (with appeal fee) in compliance with 37 CFR 41.31; or (3) a Request for Continued Examination (RCE) in compliance with
`37 CFR 1.114 if this is a utility or plant application. Note that RCEs are not permitted in design applications. The reply mustbefiled within one of
`the following time periods:
`a) XX The period for reply expires 3months from the mailing date of the final rejection.
`b) Cc The period for reply expires on: (1) the mailing date of this Advisory Action; or (2) the date set forth in the final rejection, whicheveris later.
`In no event, however,will the statutory period for reply expire later than SIX MONTHS from the mailing date of the final rejection.
`Cc) Cc A prior Advisory Action was mailed more than 3 monthsafter the mailing date of the final rejection in responsetoafirst after-final reply filed
`within 2 monthsof the mailing date of the final rejection. The current period for reply expires
`months from the mailing date of
`the prior Advisory Action or SIX MONTHS from the mailing date of the final rejection, whicheveris earlier.
`ExaminerNote: |f box 1
`is checked, check either box (a), (b) or (c). ONLY CHECK BOX (b) WHEN THIS ADVISORY ACTION IS THE
`FIRST RESPONSE TO APPLICANT’S FIRST AFTER-FINAL REPLY WHICH WAS FILED WITHIN TWO MONTHS OF THE FINAL
`REJECTION. ONLY CHECK BOX(c) IN THE LIMITED SITUATION SET FORTH UNDER BOX (c). See MPEP 706.07(f).
`Extensions of time may be obtained under 37 CFR 1.136(a). The date on which the petition under 37 CFR 1.136(a) and the appropriate
`extension fee have beenfiled is the date for purposes of determining the period of extension and the corresponding amountof the fee. The
`appropriate extension fee under 37 CFR 1.17(a) is calculated from: (1) the expiration date of the shortened statutory period for reply originally
`set in the final Office action; or (2) as set forth in (b) or (c) above, if checked. Any reply received by the Office later than three months after the
`mailing date of the final rejection, evenif timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b).
`NOTICE OF APPEAL
`. Abrief in compliance with 37 CFR 41.37 mustbefiled within two monthsof the dateoffiling the
`2. L] TheNotice of Appeal wasfiled on
`Notice of Appeal (37 CFR 41.37(a)), or any extension thereof (37 CFR 41.37(e)), to avoid dismissal of the appeal. Since a Notice of
`Appeal has been filed, any reply must befiled within the time period set forth in 37 CFR 41.37(a).
`AMENDMENTS
`3. X The proposed amendmentsfiled after a final rejection, but prior to the date offiling a brief, will not be entered because
`a) Xx They raise new issues that would require further consideration and/or search (see NOTE below);
`b) Cc Theyraise the issue of new matter (see NOTE below);
`Cc) Cc They are not deemed to place the application in better form for appeal by materially reducing or simplifying the issues for
`appeal; and/or
`d) C They present additional claims without canceling a corresponding numberoffinally rejected claims.
`NOTE: See Continuation Sheet. (See 37 CFR 1.116 and 41.33(a)).
`4.[] The amendments are notin compliance with 37 CFR 1.121. See attached Notice of Non-Compliant Amendment (PTOL-324).
`5. | Applicant's reply has overcomethefollowing rejection(s):
`6. CL] Newly proposed or amended claim(s)
`allowable claim(s).
`7. X For purposesof appeal, the proposed amendment(s): (a) Bi) will not be entered, or (b) (] will be entered, and an explanation of how the
`new or amendedclaims would be rejected is provided below or appended.
`AFFIDAVIT OR OTHER EVIDENCE
`:
`8. LIA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`9. Theaffidavit or other evidencefiled after final action, but before or on the date offiling a Notice of Appeal will not be entered because
`applicant failed to provide a showing of good and sufficient reasons whythe affidavit or other evidence is necessary and was not earlier
`presented. See 37 CFR 1.116(e).
`10. DJ The affidavit or other evidencefiled after the date offiling the Notice of Appeal, but prior to the date offiling a brief, will not be entered
`becausethe affidavit or other evidence failed to overcomeall rejections under appeal and/or appellant fails to provide a showing of good
`and sufficient reasons whyit is necessary and was not earlier presented. See 37 CFR 41.33(d)(1).
`11. DJ The affidavit or other evidence is entered. An explanation of the status of the claims after entry is below or attached.
`REQUEST FOR RECONSIDERATION/OTHER
`12. KJ The request for reconsideration has been considered but does NOTplacethe application in condition for allowance because:
`See Continuation Sheet.
`
`Advisory Action
`Before the Filing of an Appeal Brief
`
`Application No.
`14/695,909
`Examiner
`FILIP ZEC
`
`Applicant(s)
`PRENDERGAST, GERARD
`Art Unit
`AIA(First Inventorto File) Status
`3744
`Yes
`
`--The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`THE REPLY FILED 14 November 2017 FAILS TO PLACE THIS APPLICATION IN CONDITION FOR ALLOWANCE.
`
`13. KJ Note the attached AFCP 2.0 form 2323, Search history and interview summary.
`14. [J Other:
`.
`STATUS OF CLAIMS
`
`15. The status of the claim(s)is (or will be) as follows:
`Claim(s) allowed:
`Claim(s) objected to:
`Claim(s) rejected: 1-16.
`Claim(s) withdrawn from consideration:
`
`/FRANTZ JULES/
`Supervisory Patent Examiner, Art Unit 3744
`U.S. Patent and Trademark Office
`PTOL-303 (Rev. 08-2013)
`
`/FILIP ZEC/
`Examiner, Art Unit 3744
`
`Advisory Action Before the Filing of an Appeal Brief
`
`Part of Paper No. 20171204
`
`

`

`Continuation Sheet (PTOL-303)
`
`Application No. 14/695,909
`
`Continuation of 3. NOTE: per provisions of AFCP 2.0, a new search was performed regarding the added limitations "an elastic material
`that deforms and reforms upon the application and release of pressure, respectively".
`
`the arguments are not persuasive.
`Continuation of 12. does NOT place the application in condition for allowance because:
`In reference to claims 1 and 3, Rabenbauer teaches a pressure activated recharging cooling platform for cooling an object or an animal(air
`conditioned pet bed, FIG. 1-5), the platform comprising a temperature regulation layer (2, FIG. 3), the temperature regulation layer having a
`support layer (1, FIG. 3), but does not teach a plurality of angled segments, wherein angled segments within a sealed perimeter of the
`temperature regulation layer are formed by a top side and a bottom side at a predefined distance, and channels, wherein the channels
`substantially form sides by contacting the top side with the bottom side at a distance lesser than the predefined distance. Gatten teaches a
`cooling mattress for sunbathing (FIG. 8) comprising a plurality of angled segments (318, FIG. 8), wherein angled segments within a sealed
`perimeter (inherent in the structure to prevent leaks in FIG. 8) of the temperature regulation layer (812, FIG. 8) are formed by a top side
`(top side of 312, FIG. 8) and a bottom side (bottom side of 312, FIG. 8) at a predefined distance, and channels (spaces formed by angled
`portions 318, FIG. 3), wherein the channels substantially form sides by contacting the top side (top side of 312, FIG. 8) with the bottom side
`(bottom side of 312, FIG. 8) at a distance lesser than the predefined distance (smaller than the thickness of the pad 312, FIG. 8) in order to
`enable the portions of the liner carrying the cavities to be folded to place the mattress in a compact configuration (col 4, lines 33-36).
`Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system of
`Rabenbauer, to include a plurality of angled segments, wherein angled segments within a sealed perimeter of the temperature regulation
`layer are formed by a top side and a bottom side at a predefined distance, and channels, wherein the channels substantially form sides by
`contacting the top side with the bottom side at a distance lesser than the predefined distance, as taught by Gatten, in order to enable the
`portions of the liner carrying the cavities to be folded to place the mattress in a compact configuration.
`Rabenbauer also doesnot teach that the support layer is comprised of an elastic material that deforms and reforms upon the application
`and release of pressure, respectively. Lachenbruch indeed teachesan elastic material (air, foam, gel or elastomer cells 8, FIG. 7; which
`are comprised within the matress 16, which, in turn, encloses thermally conductive strips 9) that deforms and reforms upon the application
`and release of pressure, respectively (par 0062; par 0081-0083) in order to provide comfort to the user when applying cooling (par 0062;
`par 0084).
`Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system of
`Rabenbauer, to include an elastic material that deforms and reforms upon the application and release of pressure, respectively, within the
`support layer, as taught by Lachenbruch, in order to provide comfort to the user when applying cooling.
`In reference to claim 2 and 4, Rabenbauer teaches a pressure activated recharging cooling platform for cooling an object or an animal (air
`conditioned pet bed, FIG. 1-5), the platform comprising a temperature regulation layer (2, FIG. 3), the temperature regulation layer having a
`support layer (1, FIG. 3), but does not teach a plurality of angled segments, wherein angled segments within a sealed perimeter of the
`temperature regulation layer are formed by a top side and a bottom side at a predefined distance, and channels, wherein the channels
`substantially form sides by contacting the top side with the bottom side at a distance lesser than the predefined distance. Gatten teaches a
`cooling mattress for sunbathing (FIG. 8) comprising a plurality of angled segments (318, FIG. 8), wherein angled segments within a sealed
`perimeter (inherent in the structure to prevent leaks in FIG. 8) of the temperature regulation layer (312, FIG. 8) are formed by a top side
`(top side of 312, FIG. 8) and a bottom side (bottom side of 312, FIG. 8) at a predefined distance, and channels (spaces formed by angled
`portions 318, FIG. 3), wherein the channels substantially form sides by contacting the top side (top side of 312, FIG. 8) with the bottom side
`(bottom side of 312, FIG. 8) at a distance lesser than the predefined distance (smaller than the thickness of the pad 312, FIG. 8) in order to
`enable the portions of the liner carrying the cavities to be folded to place the mattress in a compact configuration (col 4, lines 33-36).
`Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system of
`Rabenbauer, to include a plurality of angled segments, wherein angled segments within a sealed perimeter of the temperature regulation
`layer are formed by a top side and a bottom side at a predefined distance, and channels, wherein the channels substantially form sides by
`contacting the top side with the bottom side at a distance lesser than the predefined distance, as taught by Gatten, in order to enable the
`portions of the liner carrying the cavities to be folded to place the mattress in a compact configuration.
`Rabenbauer also doesnot teach that the support layer is comprised of an elastic material that deforms and reforms upon the application
`and release of pressure, respectively. Lachenbruch indeed teaches an elastic material (air, foam, gel or elastomer cells 8, FIG. 7; which
`are comprised within the matress 16, which, in turn, encloses thermally conductive strips 9) that deforms and reforms upon the application
`and release of pressure, respectively (par 0062; par 0081-0083) in order to provide comfort to the user when applying cooling (par 0062;
`par 0084).
`Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system of
`Rabenbauer, to include an elastic material that deforms and reforms upon the application and release of pressure, respectively, within the
`support layer, as taught by Lachenbruch, in order to provide comfort to the user when applying cooling.
`In reference to claims 17-20, Lachenbruch teachesthat the elastic material is foam (par 0062, 0081-0084).
`
`