written description support for some “heater assembly” embodiments, just not all of the same
embodiments that are described in the Frohlich patent. Again, Frohlich is impermissibly
importing limitations from Frohlich’s specification into Baldwin’s claims. Frohlich has given no
rationale for doing so. Based on this record, there is no apparent reason to construe the term
“heater assembly” to necessarily include a heat transfer element. Accordingly, Frohlich’s
proposed claim interpretation of the term “heater assembly” is rejected.
Frohlich alternatively argues that if Baldwin’s claims are interpreted in light of Baldwin’s
specification per Rule 633(a), then Baldwin’s claims are not supported by Baldwin’s
specification (motion at 10). Baldwin’s independent claims 20, 30 and 40 recite “a container
assembly having first and second sides and an internal volume between the first and second
sides” and “a layer of phase change material in said internal volume.” Frohlich argues that the
phase change material 204 is not inside the internal volume of item 20, as Baldwin indicates in
its annotated set of claims (motion at 10).
As seen in the Baldwin figures 3-5, the thermal pack assembly 20 includes, a rigid base
100 on the bottom, a thermally insulating foam cushion 102 disposed on the upper surface of the
base, and a foil cover 104 on top of the foam cushion. On top of the foil cover is a heating coil
subassembly 103, which includes a heating coil 105 sandwiched between two thermally
conductive metal foils 106 and 108. The heater subassembly is secured to the foil layer 104 and
base 100. The heater subassembly 103 is also secured to the underside of a thermal retention
pouch 200. The pouch 200 is a sealed envelope of plastic in which is contained an open foam
pad 202. The foam pad is impregnated with water contained in the pouch. A phase change
material can be used in the pouch 200 (application 09/526,026, page 12, lines 10-12).
- 11 -
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: November 3, 2007