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 .
Information Disclosure Statement
The information disclosure statement filed on 12/23/2025 has been received and fully considered.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/23/2025 has been entered.
Response to Amendment
The amendment filed on 12/23/2025 has been entered. Claims 1 and 15 have been amended. Claims 2-3 and 5 have been cancelled. No claims have been newly added. Claims 1, 4, and 8-20 remain pending in the instant application.
Response to Arguments
Applicant’s arguments, see Remarks, filed 12/23/2025, with respect to claims 1 and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 & 4 are rejected under 35 U.S.C. 103 as being unpatentable over US20190021943A1 to Nilsson et al. (hereinafter “Nilsson”) in view of US5192070 to Nagai et al. (hereinafter “Nagai”) and KR20140000145U Jeong (hereinafter Jeong).
Regarding claim 1, Nilsson discloses a suction cup for a cardiopulmonary resuscitation device (Fig. 1 mechanical cpr device 100; Fig. 1 suction cup 145), comprising:
a piston facing surface having a connector structured to attach to a piston (Fig. 1 piston 140; Figs. 1 & 13-14B shows the upper/top side of the suction cup 145/906 connects to piston 140/914);
a first circular member extending from the piston-facing surface in a direction away from an end of the piston and forming a suction cup (See annotated Fig. 14A for designation of first circular member; See Annotated Fig. 14A for designation of both radial and vertical extension away from the end of the piston).
Nilsson does not disclose a second circular member concentric to the first circular member and forming a second suction cup, the second circular member having a diameter that is less than a diameter of the first circular member, the second circular member separating the first suction cup from the second suction cup. However, Nagai teaches a suction cup device which has a second suction cup which has a diameter that is less than a diameter of the first circular member, and where the suction cups are apart from one another (Figs. 4 & 5 thin-walled flange 20 (first cup), suction surface 22, projections 24a-d (second-fifth suction cups); Col. 3 lines 12-21 disclose the annular suction jacket 14 is made of a flexible material, has thin-walled flange 20 on its outer peripheral edge, and a suction surface 22 is formed on the bottom thereof. In addition, a plurality of first projections 24a-d are formed on the suction surface in a concentric arrangement; Examiner notes the flange 20 is the outermost (first suction cup) and each annular projection is a new level of inwardly concentric (24d is the second circular member [suction cup]), 24c (third circular member), 24b (fourth circular member), 24a (fifth circular member)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the suction cup of Nilsson have multiple (including a second suction cup) cups concentric to a second suction cup where the third suction cup is separated from the second suction cup, as taught by Nagai, in order to provide additional distribution of the suction felt by the user.
Modified Nilsson does not disclose wherein the first circular member and the second circular member extend from the piston-facing surface at an identical length when the suction cup is uncompressed. However, Jeong teaches a suction cup device which has two circular members extending at an identical length when uncompressed (Figs. 3C and 3D show that body 101 and partition 110 extend from the piston side to an identical length when uncompressed).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the circular members of Nilsson to be identical lengths when uncompressed, as taught by Jeong, in order to provide cell activation within the outer cup (Paragraph 0007).
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Regarding claim 4, Nilsson in view of Nagai and Jeong discloses the suction cup of claim 1, and Nilsson as modified by Nagai further discloses a third circular member forming a third suction cup, the third circular member having a diameter less than the diameter of the second circular member, the third circular member separating the third suction cup from the second suction cup (Figs. 4 & 5 thin-walled flange 20 (first cup), suction surface 22, projections 24a-d (second-fifth suction cups); Col. 3 lines 12-21 disclose the annular suction jacket 14 is made of a flexible material, has thin-walled flange 20 on its outer peripheral edge, and a suction surface 22 is formed on the bottom thereof. In addition, a plurality of first projections 24a-d are formed on the suction surface in a concentric arrangement; Examiner notes the flange 20 is the outermost (first suction cup) and each annular projection is a new level of inwardly concentric (24d is the second circular member [suction cup]), 24c (third circular member), 24b (fourth circular member), 24a (fifth circular member); Examiner notes these projections both radially and vertically extend away from an end of Nilsson’s piston (See Annotated Fig. 14A above in the rejection of claim 1 for radial and vertical designations)).
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Nilsson in view of Nagai and Jeong, as applied to claim 1 above, and further in view of US20160143804A1 to Nilsson et al. (hereinafter “Nilsson 2”).
Regarding claim 8, Nilsson in view of Nagai and Jeong discloses the suction cup of claim 1, and Nilsson further discloses wherein the first circular member engages the chest of a patient (See Nilsson Fig. 4 generally for engagement of suction cup 145 against the patient). Nilsson does not disclose wherein at least one of the first circular member include a plurality of ridges at a distal end. However, Nilsson 2 teaches a CPR chest compression machine which uses ridges that engage with a patient (Paragraph 0207 “In embodiments, measures are taken to prevent the patient's shifting or slipping within the CPR machine. The surface of the back plate may be coated or laminated with an anti-slip material such as a resilient silicone, or anti-slip silicon stickers or mats can be attached to the back plate. Physical features may be added (via molding or treatment) to the surface of the back plate, which is intended to contact the patient's back. These surface features may be, for example, ridges, grooves, bumps, or other structures (or combinations of such surface features that increase friction or otherwise impede the patient's back from moving across the surface of the back plate).”).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nilsson to further include ridges on a surface engaging with the patient, as taught by Nilsson 2, in order to increase friction or otherwise impede the patient’s shifting or slipping within the CPR machine (Paragraph 0207).
Regarding claim 9, Nilsson in view of Nagai and Jeong discloses the suction cup of claim 1, and Nilsson further discloses wherein the first circular member engages the chest of a patient (See Nilsson Fig. 4 generally for engagement of suction cup 145 against the patient). Nilsson does not disclose wherein at least one of the first circular member include a plurality of cavities at a distal end. However, Nilsson 2 teaches a CPR chest compression machine which uses cavities that engage with a patient (Paragraph 0207 “In embodiments, measures are taken to prevent the patient's shifting or slipping within the CPR machine. The surface of the back plate may be coated or laminated with an anti-slip material such as a resilient silicone, or anti-slip silicon stickers or mats can be attached to the back plate. Physical features may be added (via molding or treatment) to the surface of the back plate, which is intended to contact the patient's back. These surface features may be, for example, ridges, grooves, bumps, or other structures (or combinations of such surface features that increase friction or otherwise impede the patient's back from moving across the surface of the back plate).”; Examiner notes that grooves are interpreted to be cavities.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nilsson to further include grooves on a surface engaging with the patient, as taught by Nilsson 2, in order to increase friction or otherwise impede the patient’s shifting or slipping within the CPR machine (Paragraph 0207).
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Nilsson in view of Nagai and Jeong, as applied to claim 1 above, and further in view of US20190255340A1 to Freeman et al. (hereinafter “Freeman”).
Regarding claim 10, Nilsson in view of Nagai and Jeong discloses the suction cup of claim 1, but does not disclose wherein at least one of the first circular member or the second circular member includes a one-way valve. However, Freeman teaches a medical apparatus for providing resuscitative therapy which utilizes a one-way valve on a circular member (Fig. 3D coupling mechanism 335; Paragraph 0069 discloses the coupling mechanism can be a plunger which has a one-way check valve; Paragraph 0069 discloses the one-way valve may be a duckbill valve).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the circular member of Nilsson to further include a one-way valve, as taught by Freeman, in order to allow fluid to escape the passageway during attachment to a coupling surface (Paragraph 0069).
Regarding claim 11, Nilsson in view of Nagai, Jeong, and Freeman discloses the suction cup of claim 10, and Nilsson as modified by Freeman further discloses wherein the one-way valve is an umbrella valve or duckbill valve (Freeman Fig. 3D coupling mechanism 335; Paragraph 0069 discloses the coupling mechanism can be a plunger which has a one-way check valve; Paragraph 0069 discloses the one-way valve may be a duckbill valve).
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Nilsson in view of Nagai and Jeong, as applied to claim 1 above, and further in view of CN111297668A to Wei (hereinafter “Wei”).
Regarding claim 12, Nilsson in view of Litt discloses the suction cup of claim 1, but does not disclose an identifier configured to output an identification of the suction cup when attached to the cardiopulmonary resuscitation device. However, Wei teaches an identification system for attachments of percussive elements which uses identifiers that output an identification of the attachment when attached to the device (Paragraph 0014 discloses the massage heads have different heads which have unique identifiers that output as binary code once they are read. Once the heads are attached the machine knows which head has been attached by reading the identifier code.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nilsson to further include identifiers on attachments which outputs identification when attached to its system, as taught by Wei, in order to ensure the proper attachment was attached to the system (Paragraph 0014). Examiner notes that merely the concept of using an identifier on an attachment which outputs an identification code would be used to place identifiers on the suction cup of Nilsson.
Regarding claim 13, Nilsson in view of Nagai, Jeong, and Wei discloses the suction cup of claim 12, and Nilsson as modified by Wei further discloses wherein the identifier includes a radio frequency identification tag, an integrated circuit, or a quick response code (Wei Paragraph 0014 discloses the heads output binary code “0xBB is converted into binary is 1011011” which is then checked to ensure the head is the right head being attached); Examiner notes that binary code is taken to be a quick response code.
Regarding claim 14, Nilsson in view of Nagai, Jeong, and Wei discloses the suction cup of claim 12, and Nilsson as modified by Wei further discloses wherein the identifier includes a proprietary code that indicates what type of suction cup is attached (Wei Paragraph 0014 discloses the heads output binary code “0xBB is converted into binary is 1011011” which is then checked to ensure the head is the right head being attached; Examiner notes that any code could be designated as a proprietary code).
Claims 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nilsson in view of Nagai, Jeong, Wei, and US20190282324A1 to Freeman et al. (hereinafter “Freeman 2”).
Regarding claim 15, Nilsson discloses a mechanical cardiopulmonary resuscitation (CPR) device (Fig. 1 mechanical cpr device 100), comprising:
a piston (Fig. 1 piston 140);
a suction cup (Fig. 1 suction cup 145), comprising:
a piston facing surface having a connector structured to attach to the piston (Figs. 1 & 13-14B shows the upper/top side of the suction cup 145/906 connects to piston 140/914), a first circular member extending from the piston-facing surface in a direction away from an end of the piston and forming a first suction cup (See annotated Fig. 14A for designation of first circular member; See Annotated Fig. 14A for designation of both radial and vertical extension away from the end of the piston), and a processor (Paragraph 0037 discloses a processor and memory where instructions are executed by the processor to control the piston).
Nilsson does not disclose a second circular member concentric to the first circular member and forming a second suction cup, the second circular member having a diameter that is less than a diameter of the first circular member, the second circular member separating the first suction cup from the second suction cup. However, Nagai teaches a suction cup device which has a second suction cup which has a diameter that is less than a diameter of the first circular member, and where the suction cups are apart from one another (Figs. 4 & 5 thin-walled flange 20 (first cup), suction surface 22, projections 24a-d (second-fifth suction cups); Col. 3 lines 12-21 disclose the annular suction jacket 14 is made of a flexible material, has thin-walled flange 20 on its outer peripheral edge, and a suction surface 22 is formed on the bottom thereof. In addition, a plurality of first projections 24a-d are formed on the suction surface in a concentric arrangement; Examiner notes the flange 20 is the outermost (first suction cup) and each annular projection is a new level of inwardly concentric (24d is the second circular member [suction cup]), 24c (third circular member), 24b (fourth circular member), 24a (fifth circular member)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the suction cup of Nilsson have multiple (including a second suction cup) cups concentric to a second suction cup where the third suction cup is separated from the second suction cup, as taught by Nagai, in order to provide additional distribution of the suction felt by the user.
Modified Nilsson does not disclose wherein the first circular member and the second circular member extend from the piston-facing surface at an identical length when the suction cup is uncompressed. However, Jeong teaches a suction cup device which has two circular members extending at an identical length when uncompressed (Figs. 3C and 3D show that body 101 and partition 110 extend from the piston side to an identical length when uncompressed).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the circular members of Nilsson to be identical lengths when uncompressed, as taught by Jeong, in order to provide cell activation within the outer cup (Paragraph 0007).
Nilsson does not disclose an identifier configured to output an identification of the suction cup when attached to the piston. However, Wei teaches an identification system for attachments of percussive elements which uses identifiers that output an identification of the attachment when attached to the device (Paragraph 0014 discloses the massage heads have different heads which have unique identifiers that output as binary code once they are read. Once the heads are attached the machine knows which head has been attached by reading the identifier code.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nilsson to further include identifiers on attachments which outputs identification when attached to its system, as taught by Wei, in order to ensure the proper attachment was attached to the system (Paragraph 0014). Examiner notes that merely the concept of using an identifier on an attachment which outputs an identification code would be used to place identifiers on the suction cup of Nilsson.
Nilsson as modified by Wei does not disclose a processor configured to receive the identification of the suction cup when attached to the piston and to adjust a treatment protocol based on the identification of the suction cup. However, Freeman 2 teaches a system for resuscitative feedback which uses a processor that receives identification of an item and adjusts protocols based on identification of said item (Paragraphs 0022-0024 and 0049 disclose the processor identifies objects in the resuscitative setting; Paragraph 0353 discloses identifying items using a QR code or a tag; Paragraph 0400 discloses that each code marker may have one or more associated treatment protocols which are performed in sequence following identification of an initial code marker). Examiner notes that Wei also contemplates selecting protocol based on identification of an attachment (Paragraph 0006 discloses that once the attachment is identified, motor speed is automatically adjusted according to the identification).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Nilsson for further include a processor which receives and identification of an object and adjusts a treatment protocol based on identification of the object, as taught by Freeman 2, in order to provide improved efficiency of chest compressions being delivered to the patient (Paragraph 0337). Examiner notes that having a system which ensures proper and quick identification of the suction cup being attached will also provide a further safety check (i.e., using a wrong attachment) in an emergency situation. Examiner further notes that the Freeman 2 is being used to merely teach a processor which reads objects and adjusts therapy based on identification of those objects.
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Regarding claim 16, Nilsson in view of Nagai, Jeong, Wei, and Freeman 2 discloses the mechanical CPR device of claim 15, and Nilsson as modified by Litt, Wei, and Freeman 2 further discloses wherein the processor is configured to adjust the treatment protocol based on the identification of the suction cup by being configured to: select a CPR protocol from a plurality of CPR protocols based on the identification of the suction cup; and cause the CPR device to perform the selected CPR protocol (Wei Paragraph 0006 discloses that once the attachment is identified, motor speed is automatically adjusted according to the identification; Examiner notes that Nilsson as modified by Wei would read the suction cup identifier and then activate the machine once proper identification of the attachment has been ensured).
Regarding claim 17, Nilsson in view of Nagai, Jeong, Wei, and Freeman 2 discloses the mechanical CPR device of claim 16, and Nilsson further discloses wherein the plurality of CPR protocols include at least one of a pediatric CPR protocol, a universal suction cup CPR protocol, a pregnancy CPR protocol, and an active decompressions CPR protocol (Fig. 1 mechanical CPR device 100, suction cup 145; Examiner notes the protocol of Nilsson would fall under a “universal suction cup CPR protocol” as the protocol would apply to any CPR device using a suction cup).
Regarding claim 18, Nilsson in view of Nagai, Jeong, Wei, and Freeman 2 discloses the mechanical CPR device of claim 15, and Nilsson as modified by Wei further discloses wherein the identifier includes a radio frequency identification tag, an integrated circuit, or a quick response code (Wei Paragraph 0014 discloses the heads output binary code “0xBB is converted into binary is 1011011” which is then checked to ensure the head is the right head being attached); Examiner notes that binary code is taken to be a quick response code. ).
Regarding claim 19, Nilsson in view of Nagai, Jeong, Wei, and Freeman 2 discloses the mechanical CPR device of claim 15, and Nilsson as modified by Wei further discloses a reader configured to read the identification of the suction cup (Wei Paragraph 0014 discloses that a micro computer unit verifies [reads] the identification code of the attachment head).
Regarding claim 20, Nilsson in view of Nagai, Jeong, Wei, and Freeman 2 discloses the mechanical CPR device of claim 15, and Nilsson as modified by Wei further discloses wherein the identifier includes a proprietary code that indicates what type of suction cup is attached (Wei Paragraph 0014 discloses the heads output binary code “0xBB is converted into binary is 1011011” which is then checked to ensure the head is the right head being attached; Examiner notes that any code could be designated as a proprietary code).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-6309364-B1 to Cathaud; and US-4748973-A to Cho.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER RAUBENSTRAW whose telephone number is (571)272-0662. The examiner can normally be reached Monday-Friday 7:30-5:30.
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/TYLER A RAUBENSTRAW/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799