DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This action is in response to the filing on 6/8/2026. Since the previous filing, claims 23, 29, 31-34, 40, 42, 46 and 48-56 have been amended, claims 30 and 39 has been cancelled and no claims have been. Thus, claims 23, 25-29, 31-38, 40-46 and 48-52 are pending in the application.
In regards to the previous 112 Rejections, Applicant has overcome these rejections and they are therefore withdrawn.
In regards to the previous 103 Rejections, Applicant has amended to overcome the previous rejections and they are therefore withdrawn with new rejections entered below.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 23, 25-42, 45-46 and 48-52 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Stromsnes (US 2008/0097257) in view of Woerlee (US 2011/0092864), Itnati (US 2010/0198118) and Cantrell (US 2001/0011159).
In regards to claim 23, Stromsnes discloses a system for performing cardiopulmonary resuscitation (CPR) compressions on a patient (chest compression device 1), the system comprising: a back plate configured to be disposed under a thorax of the patient during automatic application of the CPR compressions (back plate 18, paragraph 21); two support arms configured to be fixed to the back plate (lateral legs, paragraph 20); a piston driver suspended from, and fixed relative to, the two support arms (motor 12 and transmission 19, paragraph 15); a piston (piston 11), the piston being fixed relative to the piston driver and configured for use in automatic application of the CPR compressions to the thorax of the patient (Fig 2), wherein a space between the piston and the back plate is for accommodating the patient during the automatic application of the CPR compressions (paragraph 21), the piston including a contact portion configured to apply the CPR compressions to the thorax of the patient (see Annotated Fig 2); a plurality of sensors configured to generate data indicative of movement of the piston relative to the thorax of the patient and movement of the contact portion along an anterior/posterior axis relative to the thorax of the patient (paragraph 12 line 5-6 and 19-23); a controller (signal processor 4) configured to: receive the data; and based at least in part on the received data, detect the movement of the piston relative to the thorax of the patient during the automatic application of the CPR compressions and detect the movement of the contact portion along the anterior/posterior axis relative to the thorax of the patient during the automatic application of the CPR compression (paragraph 13 and 17); and an output device communicatively coupled with the controller and configured to provide output based on the detected movement (display device 6, paragraph 13).
Stromsnes does not disclose wherein the sensors are accelerometers configured to be disposed on an inferior/superior axis relative to the thorax of the patient, the plurality of accelerometers configured to measure acceleration of the contact portion, and configured to generate data indicative of motion of the piston along an inferior/superior axis relative to the thorax of the patient or wherein a first sensor of the plurality of sensors disposed on an inferior portion of the contact portion and a second sensor of the plurality of sensors disposed on a superior portion of the contact portion; and determine a tilt angle of the contact portion measured along the anterior/posterior axis with respect to the inferior/superior axis of the patient, determine whether the tilt angle of the contact portion exceeds a threshold; and suspend the motion of the piston based on whether the tilt angle of the contact portion exceeds the threshold.
However, Woerlee teaches wherein the at least one sensor comprises at least one accelerometer configured to measure the acceleration of the contact portion (paragraph 20).
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 Stromsnes wherein the at least one sensor comprises at least one accelerometer configured to measure the acceleration of the contact portion as taught by Woerlee as this is a commonly known sensor type to be used in such devices.
Further, Itnati teaches a compression device comprising at least one motion sensor (sensors 612 and 614) configured to generate data indicative of movement of the piston along an inferior/superior axis relative to the thorax of the patient and determine, based on detected motionb of the piston, a tilt angle of the contact portion measured along the anterior/posterior axis is uniform with respect to the inferior/superior axis of the patient and adjust the motion of the piston based on the tilt angle (paragraph 128 and 219 and 221).
While Itnati does not explicitly teach wherein a first motion sensor of the plurality of sensors disposed on an inferior portion of the contact portion and a second motion sensor of the plurality of sensors disposed on a superior portion of the contact portion or where the movement of the piston is stopped, it does teach wherein the motion sensors may be placed on the contact portion (sensors may be placed on plunger 38, paragraph 168) and wherein among the adjustments the device is capable of stopping the motion of the piston (paragraph 173).
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 Stromsnes to have at least one sensor configured to generate data indicative of motion of the piston along an inferior/superior axis relative to the thorax of the patient, wherein a first sensor of the plurality of sensors disposed on an inferior portion of the contact portion and a second sensor of the plurality of sensors disposed on a superior portion of the contact portion and determine, based on detected motion of the piston, the tilt angle of the contact portion along the anterior/posterior axis with respect to the inferior/superior axis relative to the thorax of the patient and suspend the piston based on the tilt angle as taught by Itnati as this would allow the device to find and maintain the compressions at an optimal position (Itnati: paragraph 221) and pause the treatment such that the piston could be easily repositioned to correct any undesirable drift.
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Annotated Fig 2
Additionally, Cantrell teaches wherein: the two or more sensors being disposed along the inferior/superior axis relative to the thorax of the patient, determine whether the tilt angle of the contact portion exceeds a threshold; and adjust the movement of the piston based on whether the tilt angle of the contact portion exceeds the threshold (sensors indicate whether tilt limits have been violated, paragraph 82, switches 674 arrayed in both vertical and horizontal directions for determination of tilt, paragraph 83, Fig 15).
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 Stromsnes wherein: the two or more sensors being disposed along the inferior/superior axis relative to the thorax of the patient, determine whether the tilt angle of the contact portion exceeds a threshold; and adjust the movement of the piston based on whether the tilt angle of the contact portion exceeds the threshold as taught by Cantrell as this would allow the device to easily detect an angular shift of the contact to indicate an improper alignment of the device with the patient.
In regards to claim 25, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 23 and Stromsnes further discloses wherein the contact portion comprises a compression surface for impinging upon the thorax of the patient during the automatic application of the CPR compressions (see Annotated Fig 2).
In regards to claim 26, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 23.
Stromsnes does not disclose wherein the contact portion comprises a compression pad.
However, Itnati teaches wherein the contact portion comprises a compression pad (plunger 38 may be covered by a soft, cushioning material, paragraph 147).
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 Stromsnes wherein the contact portion comprises a compression pad as taught by Itnati as this would provide a contact surface with properties that could reduce injury.
In regards to claim 27, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 23 and Stromsnes further discloses wherein the contact portion is affixed to the piston (Fig 2).
In regards to claim 28, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 23 and Stromsnes further discloses wherein the controller is configured to provide instructions to cause the automatic application of the CPR compressions to occur at a resuscitative rate and depth (paragraph 17).
In regards to claim 29, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 23 and the combination further teaches wherein the controller is configured to detect, based at least in part on the motion of the piston, migration of the piston relative to a target area of the thorax of the patient, the migration being indicative that the piston has moved toward the patient's abdomen or head during the CPR compressions (Stromsnes: paragraph 12 line 5-6 and 19-23; Itnati: paragraph 219).
In regards to claim 31, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 23.
Stromsnes does not disclose wherein the controller is configured to calculate a distance of the motion of the piston.
While Itnati does not explicitly teach wherein the controller is configured to calculate a distance of the motion of the piston, it does teach wherein the controller is configured to monitor, maintain and adjust the positioning of the contact bit according to preset patterns and in response to detected signals (paragraph 218-219). Itnati would, therefore, require the capability to calculate a distance of the movement in order to determine adherence or deviation from the preset pattern or movement to maintain desired positioning. 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 Stromsnes wherein the controller is configured to calculate a distance of the movement as taught by Itnati as this would allow the device to ensure the placement of the device in the optimal position to provide the best treatment.
In regards to claim 32, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 23 and the combination further teaches wherein the controller is configured to, based at least in part on the detected movement, cause the output device to provide the output, wherein the output comprises at least one of an alert, a warning and a prompt (Stromsnes: display 6 may show alarm, paragraph 13 and 18; Itnati: paragraph 175).
In regards to claim 33, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 23 and the combination further teaches wherein the controller is configured to, upon detecting that the detected motion of the piston exceeds a predetermined limit, cause the output device to provide the output, wherein the output comprises at least one of an alert, a warning and a prompt (Stromsnes: display 6 may show alarm in response when stored measurement used to evaluate operation of the device, paragraph 13 and 18; Itnati: paragraph 175 and 186).
In regards to claim 34, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 31 and the combination further teaches wherein the controller is configured to determine the output based at least in part on the calculated distance of the motion of the piston (Itnati: paragraph 186).
In regards to claim 35, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 32 and Stromsnes further discloses wherein the at least one of the alert, the warning and the prompt comprises visual output provided via a display (paragraph 13 line 13-15 and paragraph 18 line 8-14).
In regards to claim 36, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 32 and Stromsnes further discloses wherein the at least one of the alert, the warning and the prompt comprises audio output provided via a speaker (paragraph 18 line 8-14).
In regards to claim 37, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 32 and Stromsnes further discloses wherein the output comprises an advisory (paragraph 12 line 25-29).
In regards to claim 38, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 32 and the combination further teaches wherein the output is provided to a CPR provider (Stromsnes: paragraph 18; Itnati: paragraph 175).
In regards to claim 40, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 23 and the combination further teaches wherein the plurality of accelerometers generates acceleration data, and wherein the controller detects the motion of the piston based at least in part on the generated acceleration data (Itnati: paragraph 20).
In regards to claim 41, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 23.
Stromsnes does not disclose further comprising at least one sensor including at least one of one or more ultrasonic sensors, one or more optical sensors, one or more RFID sensors, one or more distance sensors, one or more piezo-electric sensors, one or more electromagnetic sensors, one or more magnetic sensors, one or more pressure sensors, one or more emitters, and one or more one detectors.
However, Woerlee teaches wherein the at least one sensor comprises at least one of one or more optical sensors (paragraph 31, claim 18), one or more magnetic sensors (claim 18), one or more emitters, and one or more one detectors (measurement device 240 may be a device that records light reflected from pattern, paragraph 31).
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 Stromsnes wherein the at least one sensor comprises at least one of one or more optical sensors, one or more magnetic sensors, one or more emitters, and one or more one detectors as taught by Woerlee as these are commonly known sensor types to be used in such devices.
In regards to claim 42, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 23.
Stromsnes does not disclose wherein controller is configured to use the generated data in determining at least one distance of at least one of the piston and the contact portion of the system from a target area of the thorax of the patient, and wherein the controller performs detection of the motion of the piston based at least in part on the determined at least one distance.
While Itnati does not explicitly teach wherein controller is configured to use the generated data in determining at least one distance of at least one of the piston and the contact portion of the system from a target area of the thorax of the patient, and wherein the controller performs detection of the motion of the piston based at least in part on the determined at least one distance, it does teach wherein the controller is configured to monitor, maintain and adjust the positioning of the contact bit according to preset patterns and in response to detected signals (paragraph 218-219). Itnati would, therefore, require the capability to use the generated data in determining at least one distance of at least one of the piston and the contact portion of the system from a target area of the thorax of the patient, and wherein the controller performs detection of the motion of the piston based at least in part on the determined at least one distance in order to determine adherence or deviation from the preset pattern or movement to maintain desired positioning. 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 Stromsnes wherein controller is configured to use the generated data in determining at least one distance of at least one of the piston and the contact portion of the system from a target area of the thorax of the patient, and wherein the controller performs detection of the motion of the piston based at least in part on the determined at least one distance as taught by Itnati as this would allow the device to ensure the placement of the device in the optimal position to provide the best treatment.
In regards to claim 45, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 23 and the combination further teaches wherein the at least one motion sensor is attached to at least one of the contact portion and the piston (Itnati: paragraph 169).
In regards to claim 46, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 23 and the combination further teaches wherein the accelerometer is attached to at least one of the back plate, the piston driver, and at least one of the two support arms (Itnati: paragraph 128).
In regards to claim 48, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 23 and the combination further teaches wherein at least one accelerometer is attached to: at least one of the contact portion and the piston (Itnati: paragraph 168); and at least one of the back plate, the piston driver, and at least one of the two support arms (Itnati: paragraph 168).
In regards to claim 49, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 23 and the combination further teaches at least one accelerometer attached to: at least one of the contact portion (Itnati: paragraph 168), the piston and a second portion of the system that is fixed relative to the contact portion and the piston; and at least one of the back plate, at least one of the two support arms (Itnati: paragraph 168), and a third portion of the system that is fixed relative to the back plate and the two support arms.
In regards to claim 50, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 23.
Stromsnes does not disclose comprising one or more array assemblies, wherein each of the one or more array assemblies comprises two or more accelerometers of the plurality of accelerometers.
However, Cantrell teaches a CPR device comprising one or more array assemblies, wherein each of the one or more array assemblies comprises two or more sensors of the plurality of sensors (sensor array 670 includes four shown micro switches 674).
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 Stromsnes to comprise one or more array assemblies, wherein each of the one or more array assemblies comprises two or more accelerometer of the plurality of sensors as taught by Cantrell as this would provide multiple data sources to determine function and efficacy of the compression.
In regards to claim 51, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 50 and the combination further teaches wherein the two or more accelerometers (Woerlee: paragraph 20) are coplanar (Cantrell: Fig 15).
In regards to claim 52, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 50 and the combination further teaches the controller is configured to detect, based at least in part on first data, of the data indicative of motion, received from the two or more accelerometers (Woerlee: paragraph 20), an orientation of the contact portion relative to a horizontal orientation (Stromsnes: tilt sensors, paragraph 12 line 20-21; Itnati: paragraph 211 and 212).
Claim 43 and 44 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Stromsnes (US 2008/0097257) in view of Woerlee (US 2011/0092864), Itnati (US 2010/0198118) and Cantrell (US 2001/0011159) as applied above and in further view of Olson (US 2011/0301512).
In regards to claim 43, Stromsnes in view of Woerlee, Itnati and Cantrell teaches the system of claim 41.
Stromsnes does not disclose wherein the one or more emitter is configured for use with one or more detectable markers or with one or more reflectors.
However, Olson teaches wherein the at least one sensor comprises at least one emitter (transmitter 14, paragraph 26) configured for use with one or more detectable markers or with one or more reflectors (reflector pad, paragraph 44).
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 Stromsnes wherein the at least one sensor comprises at least one emitter configured for use with one or more detectable markers or with one or more reflectors as taught by Olsen as this is a known sensor system by which to ascertain positioning in these devices.
In regards to claim 44, Stromsnes in view of Woerlee, Itnati, Cantrell and Olson teaches the system of claim 43 and the combination further teaches wherein the at least one emitter comprises at least one ultrasonic emitter (Olson: transmitter 14 sends out ultrasonic pulse 20, paragraph 26).
Response to Arguments
In regards to the arguments concerning the independent claims, these arguments concern the amendments made to the claims and are partially addressed in the new rejections entered above. Applicant argues that the combination does not provide teachings of the accelerometers as the various references do not explicitly teach accelerometers being placed in the requisite locations and performing the claimed function. The Examiner respectfully disagrees, and notes that one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). MPEP 2145(IV). The combination of references teaches various sensors performing claimed functions and accelerometers being sued in analogous device are taught at least by secondary reference Woerlee. Other references are called upon to teach device response to the input of sensor data from a variety of sensors and the sensor positioning on the device. Examiner therefore maintains that the combination reasonably teaches the limitations of the claims.
In regards to the arguments concerning the dependent claims, these arguments concern the dependency on the above argued independent claim and are addressed in the new rejections entered above.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arielle Wolff whose telephone number is (571)272-8727. The examiner can normally be reached Mon-Fri 8:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached on (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARIELLE WOLFF/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785
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