Baldwin claim 29 depends on Baldwin claim 20 and recites that the heater assembly has a
heat transfer element to charge the phase change material and to distribute heat evenly to the
phase change material. In Baldwin claim 29, it is the heat transfer element that functions to heat
the phase change material and to distribute heat evenly to the phase change material. Frohlich
relies on any one of Toshiba, Goswami or Le Poidevin to teach a heat transfer element. As
discussed above, with respect to Le Poidevin, that reference teaches a heat transfer element.
Frohlich argues that it is the heat transfer element that charges the phase change material and
distributes heat evenly to the phase change material. As discussed above, Frohlich has provided
a motivation for doing so - to evenly heat the phase change material. Baldwin merely argues that
Frohlich has failed to provide any motivation for combining the references. Baldwin’s argument
is insufficient to overcome Frohlich’s prima facie case of obviousness as to Baldwin claim 29.
Baldwin claims 44-45, 47 and 49
Baldwin claim 44 depends on claim 40 and is directed to a supporting layer element for
the phase change material. Baldwin claim 45 depends on claim 44 and recites that the
supporting element is an open cell foam. These claims are similar to previously discussed
Baldwin claims 24 and 25. Baldwin claims 44 and 45 differ in that they are directed to a pizza
heater. Frohlich relies on Salyer to teach incorporating phase change material in foams,
including open celled foams, to enhance insulating capacity.
Baldwin argues that neither Marney nor Salyer are directed to a pizza heater for keeping
pizza warm during delivery (opposition at 17). This argument has already been rejected.
Baldwin has failed to demonstrate, in any meaningful way, that the preamble is a positive
limitation, and not merely a statement of the intended use of the claimed apparatus.
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